Loading...
HomeMy WebLinkAboutPK04-217 - Extension - #1 - Honeywell, Inc. - Public Works Shop Card Access System - 09/20/2006 Yi Records NV-,,--n',a" - eme��it mPs W.s„,„aro„ ENEW Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name:y 8 'wo —0� Vendor Number: V n JD Edwards Number Contract Number: �j.o q a ' 7 This is assigned byDeputy City Clerk Description: L� one Grp Detail: V Project Name: (, W Contract Effective Date: ` /� Termination Date: 1 Z Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: epartment: Abstract: S Public\RecordsManagement\Forms\ContraciCover\ADCL7832 07/02 HSM Electronic Protection Services, Inc. Installation and Service Agreement No. This Agreement is made and entered Into this 20 day of SEPTEMBER 2006 between HSM Electronic Protection Services,Inc,located in Lisle,Illinois,hereinafter referred to as"HSM"and CITY OF KENT PUBLIC WORKS ,hereinafter referred to as,customer, 1 System and Service HSM agrees to furnish installation monitoring and/or repair services,during the term of this Agreement,at the premises of the 5821 S 240TH STREET KENT WA 98032 Customer located at a CCTV SURVEY AND REPAIR system as described in the attached Schedule of Service and Protection 2 Terms,Renewal and Expiration This Agreement Is effective as of the execution date of this Agreement and shall have an initial term of sixty(60)months from the date the system first becomes operative under this Agreement and thereafter shall be automatically renewed for consecutive terms of one year unless either party gives written notice at least sixty(60)days prior to the end of such at to the other of intent to allow the Agreement to expire as of the end of the then-current term 3 Payment and Scope(prices do not include any applicable state and local sales or use tax) A Payment—Customer agrees to pay HSM $1,614 00 for the total installation of the system a $ upon signing of this Agreement b Progress payments as follows c $1,614 00 upon completion of the installation plus a telephone installation and/or connection charge of $ u $0 00 for services per month as described in the Schedule of Service and Protection,payable 0 quarterly 0 semi-annually or 0 annually,in advance commencing from the first(1#) day of the month following the date the system becomes operative Customer also agrees to pay interim charges in the amount of approximately 1/3d"of the monthly charges for each day from and including the date the system becomes operative until the first(1`t)of the following month For financed systems an additional monthly is payable for the term of the financing Agreement in HSM may at any time following the expiration of twelve(12)months of this Agreement,increase the monthly charge specified in 3 A if once a year If HSM increases the basic monthly charge in any year by an amount greater than nine(9)percent customer may terminatethe Agreement upon written notice to HSM within fifteen(15)days of notification of such Increase B Services I HSM will provide the Sandi specified on the attached Schedule of Services and Protection C Ownership of Equipment The equipment shall be owned by 0 Customer 0 HSM or its assignee(heremaner'HSM-owned"T 0 Financed System 4 Liquidated Damages and HSM's Limits of Liability A. It is understood and agreed by the parties hereto that HSM is providing a system and/or service designed to reduce the nsk of loss only that the payments provided for herein are based solely on the value of the system and/or services as described herein and are unrelated to the value of any property located on Customer's premises,that HSM is not liable for losses which may occur m cases of malfunction or rionfunction of any system provided by or serviced by HSM that HSM is not liable for losses which may occur in the mondonng repamng signal handling or dispatching aspects of the service,even if due to HSM's negligence or failure of performance that HSM is not liable for losses resulting from failure to wam or inadequate training that HSM Is not an Insurer,and that insurance covering personal injury,property loss,damage to and on Customers premises must be obtained and(or maintained by Customer Customer understands that it is Customer's duty to purchase such Insurance,that HSM offers several levels of protection and services and that the system andlor service described in the Schedule of Service nd Protection has been chosen by Customer after consrdenng and balancing the levels of protection afforded by various systems and the related costs B IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF THE SYSTEM AND/OR SERVICES PROVIDED, DUE TO THE UNCERTAIN VALUE OF CUSTOMER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PROTECTED PREMISES WHICH MAY BE LOST,STOLEN DESTROYED,DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT,INABILITY OF HSM TO GUARANTEE POLICE FIRE DEPARTMENT AND MEDICAL ALERT RESPONSE TIME AND ESTABLISHING A CAUSAL CONNECTION BETWEEN THE SYSTEM OR SERVICE PROBLEMS AND CUSTOMERS POSSIBLE LOSS THEREFORE IF ARTICLE 4A IS JUDICIALLY DETERMINED TO BE INVALID OR UNENFORCEABLE AND ANY LIABILITY IS JUDICIALLY IMPOSED ON HSM ITS EMPLOYEES, AGENTS OR REPRESENTATIVES,FOR PROPERTY DAMAGE OR PERSONAL INJURY,SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL SERVICE CHARGE OR$10,000,WHICHEVER IS LESS QF THERE IS NO ANNUAL SERVICE CHARGE,HSM'S LIABILITY SHALL BE LIMITED TO$500 00) THIS SUM SHALL BE PAID AND RECEIVED EITHER(p AS LIQUIDATED DAMAGES AND NOT AS A PENALTY OR(9)AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES THE PAYMENT OF THIS AMOUNT SHALL BE HSM S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE,ACTIVE OR OTHERWISE,OF HSM,ITS EMPLOYEES AGENTS OR REPRESENTATIVES NO SUIT OR ACTION SHALL BE BROUGHT AGAINST HSM MORE THAN ONE(1)YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION ARISES IF CUSTOMER WISHES HSM TO INCREASE THE AMOUNT OF THE LIQUIDATED DAMAGES AS PROVIDED ABOVE, CUSTOMER MAY OBTAIN FROM HSM AN ADDITIONAL AMOUNT OF LIQUIDATED DAMAGES BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO HSM THIS CLAUSE WILL IN NO WAY BE INTERPRETED TO ESTABLISH HSM AS AN INSURER C SINCE THE PARTIES AGREE THAT CUSTOMER RETAINS THE SOLE RESPONSIBILITY FOR THE LIFE AND SAFETY OF ALL PERSONS IN ITS PREMISES AND FOR PROTECTING AGAINST LOSSES TO HIS/HER OWN PROPERTY OR THE PROPERTY OF OTHERS IN ITS PREMISES,CUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS HSM,ITS EMPLOYEES AGENTS AND REPRESENTATIVES FROM ANDAGAINST ALL CLAIMS,LAWSUITS AND LOSSES,BY PERSONS NOT A PARTY TO THIS AGREEMENT ALLEGED TO BE CAUSED BY THE IMPROPER OPERATION OF THE SYSTEM WHETHER DUE TO MALFUNCTIONING OR NONFUNCTIONING OF THE SYSTEM OR THE NEGLIGENT PERFORMANCE OR NONPERFORMANCE BY HSM OF THE INSTALLATION,MAINTENANCE MONITORING SIGNAL-HANDLING OR DISPATCHING ASPECTS OF THE SERVICE D Paragraphs A through C of the Article 4 shall apply to any other company or amity which,in addition to HSM,furnishes as a subcontractor or otherwise,any installation,monitoring or maintenance services provided hereunder E Limited Equipment Warmly Where Customer Purchases a Secunty system under this Agreement,HSM warrants that the equipment will be free from defects in material and workmanship for a period of ninety(90)days from the date the security system is placed into operation R dunng this warranty penod,any of the equipment or parts are defective or malfunction,they will be repaired or replaced at HSM's sole option free of charge Warranty repair is done 8 am-4 pm Monday through Friday excluding holidays This warranty will not apply if the damage or malfunction occurs through no fault of HSM while the system is in the possession of the Customer or because the system has been adjusted added to,altered,abused,misused or tampered with by the Customer or otherwise operated or used contrary to the operating instructions If inspection by HSM fails to disclose any defect covered by this limited equipment warranty,the equipment will be repaired or replaced at Customer's expense and HSM s regular service charges will apply DISCLAIMER OF ALL OTHER WARRANTIES EXCEPT FOR THE FOREGOING LIMITED EQUIPMENT WARRANTY DESCRIBED ABOVE,HSM MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,THAT THE SYSTEM OR SERVICE SUPPLIED MAY NOT BE COMPROMISED OR THAT THE SYSTEM OR SERVICE WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED IN NO EVENT WILL HSM IT EMPLOYEES OR AGENTS OR REPRESENTATIVES BE RESPONSIBLE FOR CONSEQUENTIAL,SPECIAL OR INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER HSM MAKES NO WARRANTIES CONCERNING ANY EQUIPMENT OR DEVICES ATTACHED TO CUSTOMERS SYSTEM UNLESS SUCH EQUIPMENT OR DEVICES WERE ORIGINALLY PURCHASED AND INSTALLED UNDER THIS AGREEMENT 6 Entire Agreement It is agreed to and understood by the parties that this Agreement including the provisions on the back page and the attached Schedule of Service and Protection conistclute the entre Agreement between the parties,and supersedes and replaces all other pnor understandings or agreements,whether oral or written,relating tome premises covered by this Agreement This Agreement may not be changed modified or vaned except in writing signed by an authorized representative of HSM It is understood and agreed by and between the parties hereto that the tennis and condibons of this Agreement shall govern notwithstanding any additional or inconsistent terms or conditions contained in any purchase order or other document submitted by Customer This Agreement shall not become binding on HSM until appoved and accepted by HSM as provided below Customer hereby acknowledges that he/she has read this entire Agreement and agrees to be bound by all its terms and conditions HSM Electronic Protection Services,Inc CUSTOMER By(Signature) ' Sales Representative HOW VD RICHARDSO Name(Print or Type) L F.064 Approved and accepted by HS -Title - L t'r ' .. By Date Title Bank Reference Telephone Date Account Number NOT BINDING ON HSM WITHOUT AUTHORIZED MANAGEMENT APPROVAL SIGNATURE Lcense information AL 054188 Alabama Electronic Security Board of Licensure 7956 Vaughn Rd Montgomery W116(334)264 9388 AZ ROC204975 AR E 2005 0042 Recoiled by Arkansas Bit or Private Investigators&Private Secunty Agencies#1 Stale Police Piz Or Lane Rock 72209(501)818-5600 CA AO06055 848019 Alarm company operators are licensed and regulated by the Bureau of Sammy a Investigative Services Dept of Consumer Affaus Sacramento CA 95814 DE 2004207817 04 158 FL 519432 EF2000D495 EF0001 W7 IL 127001274 LA Di 173 BF1431 ME MC60018704 MD 1071174 Maryland slate ponce lumnsing division 7751 Washington Blvd Jessup MD 20794 MA of 628 MI 552229 MN 7SO1212 NJ 639987 10744155 NY 12000259398 Licensed by NYS Dept of Stale NC 714-CSA OH 2O052600 53-89 1512 OK 953 OR 161 M7 PA 831635" RI 3935 So FA3387 BA5501 TN C 1180 TX 802140 ACR2639 Texas Com n on Private Security 5805 Lamar Blvd Austin 78773 UT 5704068 6501 VA 11-4298 2705 087235A Commonwe dot o1 Virginia Dept or criminal Justice Services 805 East Broad Street 9'"FL Richmond VA 23219 WA SECURI'9680N W1969322 WY LV A 32 TLV-G 513 5 W669 (Page 1 of 2)Rev 6-22-06(Comm lgreementHSM doc) Confidential&Proprietary Information Schedule of Service and Protection PAGE 2 OF 2 (Services) 'ANY OR ALL SERVICES PROVIDED BELOW ARE DEFINED IN AND SUBJECT TO THE TERMS AND CONDITIONS OF THE ATTACHE INSTALLATION AND SERVICE AGREEMENT DATED September 20,2008 BETWEEN HSM ELECTRONIC PROTECTION SERVICES INC AND CITY OF KENT PUBLIC WORKS FOR SERVICES AT 5821 S 240TH STREET KENT WA 98032 Preventative Maintenance Preventative Maint Scheduled preventative maintenance The scheduled appointment Includes a visual inspection of devices walk-test of system components,cleaning of devices as needed and verification of communication link Includes access to the HSM TAC-Technical Assistance Center(24x7) System repair,equipment replacement and lift rentals are excluded Access Control Preventative Maint Scheduled preventative maintenance The Scheduled appointment includes a visual Inspection of devices,walk-test of system components,cleaning of devices as needed and may,for PC based systems,Include programming back-up and software patch updates(as available) Includes access to the HSM TAC-Technical Assistance Center(24x7) System repair,equipment replacement and lift rentals are excluded Basic QIP Home Security Inspection Plan Scheduled Inspection provided for home security systems The QIP Inspection Includes HSM's"10 Point Test&Inspect"procedure by a service technician, 1-800 toll-free alarm transmission service and access to the HSM TAC-Technical Assistance Center(24x7) Equipment repair and replacement are excluded Advanced QIP Home Security Inspection Plan Scheduled inspection provided for home security systems The QIP Inspection includes HSM's"10 Point Test&Inspect"procedure by a service technician, 1-800 toll-free alarm transmission service,access to the HSM TAC-Technical Assistance Center(24x7), 10%discount on repairs and new equipment throughout the plan term and transmdterbatteries replaced as needed(5 battery limit per inspection) Premium QIP Home Security Inspection Plan Scheduled inspection provided for home security systems The QIP inspection includes HSM s"10 Point Test&Inspect"procedure by a service technician, 1-800 toll-free alarm transmission service,access to the HSM TAC-Technical Assistance Center(24x7), 15%discount on repairs and new equipment throughout the plan term and transmitter batteries replaced as needed(10 battery limit per inspection)and alarm control battery replaced as needed Fire Alarm Test& Inspection Monthly Test& Inspection Quarterly Test& Inspection Annual Test& Inspection Semi-Annual Test&Inspection Scheduled tests and inspections The scheduled appointments include a visual inspection of devices,operational records Tests and inspections are documented and provided for customers Test of system components and verification of communication link Includes access to the HSM TAC-Technical Assistance Center(24x7) System repair,equipment replacement and lift rentals are excluded On-Site Customer Support Specialist/Technician On-Site Technical Support S ecialu HSM Technical Specialists work at the customer location to assist in day-to-day tasks regarding the system operation and technical application This support can be customized to include repair service work, programming,test&inspection and other technical requirements On-Site Customer Support S eciall: HSM Customer Support Specialists work at the customer location to assist in day-to-day tasks regarding the administration of security accounts A support specialist can assist with questions,coordination and administration of installation, service,monitoring,account management and billing matters Technical Assistance Center(TAC) Technical Assistance Center Support j(TAC is included for customers with a HSM Service Plan,Preventative Maintenance or Fire Alarm Test&Inspection Plan) Advanced System Knowledge and Training HSM Training Package (1 Hour,1 Annual Session) Additional Services UL Fire Alarm Certificate Software Support(HSS/EBI/XSM) UL DOD Alarm Certificate Board or Direct Connection (Select Areas) UL Intrusion Alarm Certificate Runner or Guard Response Select Areas Other Services Other Services Total Monthly Fee' $0 NOTE Total Installation Price is reflected on Schedule of Service and Protection(Equipment&Installation) Accepted By Customer Signature: 6L Date: `tIlk HSM Initials' CITY OF KENT SHOP CCTV CHECK UP Is Rev 5/1/2006 B Miscellaneous Charges and Increase'fn Charges A Customer shall pay any City State or Federal taxes fees or charges which are Imposed upon the equipment the installation thereof or performance of the services provided for herein including any Increases in charges to contractor for facilities required for transmission of signals under this Agreement B At HSM's option a fee may be charged for any false alarm caused by Customer or for any unnecessary service run If either HSM or Customer is assessed any fine or penalty by any municipality fire or police protection district as a result of any false alarm Customer shall pay the full amount of suchfine or penalty C Charges for toil free telephone usage If selected by customer are Included in the payment described in paragraph 3(A) HSM may Immediately Increase its monthly charges to reflect any Increase in charges for toll free service Customer shall pay any other telephone company toll line charges,including Installation D Installation charges set forth in Article 3 assume installation will be performed during HSM's normal working hours and using its own personnel If Customer requests the installation or any part thereof to be performed outside ordinary business hours or if the installation must be performed by outside contractors,or HSM's wage rate do not apply as a result of prevailing wage requirements or otherwise,then the Installation charge will be adjusted accordingly E It any government agency requires any changes in the system originally installed Customer agrees to pay for such changes It is Customers responsibility to obtain all alarm use permits required by the local jurisdiction F HSM shall charge interest at the rate of 1%%per month or the maximum permitted by law,on any delinquent balance A balance becomes delinquent thirty(30)days after paymeni is due under Article 3 HSM may also upon written notice to Customer,stop providing montonng and maintenance services it Customer is delinquent on any paymem HSM may charge$25 00 for any NSF check 7 Further Obligations of Customer A Customer at its own expense,shall supply appropriate unswitched AC electric power,outlets for such power located according to HSM's requirements and telephone company interconnection jacks,ff required B Customer shall not tamper with,alter,adjust,add to disturb,injure,move,remove,interconnect with other equipment or otherwise interfere with equipment installed by HSM nor shall Customer permit the same to be done by others It is further agreed that Customer indemnifies and holds HSM harmless for any claim arising out of the foregoing and that if any work is required to be performed by HSM due to Customers breach of the foregoing obligations Customer will pay HSM for such work in accordance with HSM's then cuff ant prevailing charges C For those premises where HSM is to provide Customer Service Center monmonrg Customer shall furnish HSM a list of the names,titles,residence addresses telephone numbers and signatures of all persons authorized to enter the premises of Customer during scheduled closed periods and shall be responsible for updating such lists In cases of supervised service,Customer shall also fumish HSM with an authorized daily and hehday opening and dosing schedule D Customer shall set the alarm system at such times as Customer shall close its premises Customer shall test the alarm system prior to each closed period and shall immediately report to HSM any claimed Inadequacy of or failure of the system E Customer shall permit HSM access to the premises for any reason arising our of or in connection with HSM s rights or obligations under this Agreement F Should any part of the system be damaged by fire,water,lightning ads of God,third parties or any cause beyond the control of HSM any repairs or replacement shall be paid for by Customer(ordinary wear and tear excepted in the case of a HSM-owned system) G Any claim by Customer of improper installation or a defect in the system shall be made in writing to HSM within thirty(30)days of installation completion H Customer represents and warrants that Customer is the owner of the premises or,if not that the owner agrees and consents to the installation of the system on the premises Customer shall indemnity and hold HSM harmless from any losses or damages including attorney fees,resulting from breach of such representation and warranty or from HSM s inability to recover HSM-owreld system components when customer moves out of the premises I For those premises where HSM is to provide central station sprinkler supervisory and water flow alarm or automatic fire alarm service,Customer warrants and agrees that all alarm valves,gate valves,pumps, compressors inspector lest connections or other elemenis of the sprinkler system as now installed or to be installed are or will be corrected at Cuslaners expense so as to be acceptable to the insurance and other authorities having junsdiction when equipped with HSM S signaling devices Customer further agrees to furnish any necessary water through Customers meter and at Customers expense to place hoods over any open forges or fires,and to pipe all boiler blow-offs and steam exhaust outside the premises to be projected J For those premises where dosed circuit television equipment is provided Customer will provide adequate illumination under all operational conditions for the proper operation of the closed circuit television camera and will provide 110 AC power supply where required as well as shelf or desk space for monitors K it is mutually agreed that the Customer assumes full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding andiron transmitting equipment at Customers premises L Customer represents that,except to the extent it has given HSM written notice prior to the execution of this Agreement (n)the work and/or services to be performed hereunder are not subject to any Federal,State or local prevailing wage statute or regulations,and rh to the best of its knowledge there is no asbestos or presumed asbestos-containing material,formaldehyde or other potentially toxic or hazardous material contained within or in on or under any portion of any area where work will be performed under this contact If such materials(whether or not disclosed by Customer)are discovered and such materials provide and unsafe or unlawful Condition such discovery shall constitute a cause beyond HSM s reasonable control and HSM shall not start or continue to perform its work under the contract until Customer has remedied the unsafe or unlawful condition at Customers sole expense Customer shall indemnify and hold HSM and its assigns harmless from and against any and all claims,cost and expenses cf any kind(including attorney is fees)for floes penalties,back wages,bodily injury property damage,delay or work stoppage that apses under or results from a breach of the foregoing representations(regardless of wnether or not Customer disclosed such materials to HSM) 8 Further Obligations of HSM,Limitations A. HSM shall not be held responsible or liable for delay in instagation of the system or interruption of service,due to stnkes lockouts pots,floods,fires,lightning,acts of God or any cause beyond One control of HSM, including Interruptions in telephone service HSM will not W required to perform installation or supply service to Customer while any such cause shall continue B For those premises where Customer Service Center monitoring is provided,HSM,upon receipt of an alarm signal from Customers premises shall(unless previously instructed otherwise by Customer),make a reasonable effort to transmit the alarm promptly to the police fire department,medical agency or customer designated agency having junsdiclion or responsibility HSM shall also make a reasonable effort to notify Customers designated representative by telephone of every genuine alarm received unless instructed to do otherwise by Customer To avoid false alarms HSM shall have the right in its sole judgment to first Investigate the cause of a signal by either telephoning Customer or dispatching a representative to the Customers premises to determine whether an emergency condition exists warranting noldication of the police Customer agrees that telephone Calls received or transmitted by the Customer Service Center Including the receipt and transmission of alarm signals,may De electronically recorded by HSM and that Customer Consents to such recordings C Customer understands that,if the system installed under this Agreement is monitored,due to the nature of the method used for communicating alarm signals to the Customer Service Center,there may be times when that communication method is notable to transmit signals and HSM will not receive alarm signals Digital communicators use standard telephone fines and HSM does not receive signals when the telephone systems becomes non-operational or the telephone line is cut,interfered with or otherwise damaged There will be times when any radio frequency method,such as Cellular public or private radio systems,Cannot transmit an alarm signal due to lack of signal strength or availability of a Communication channel Similarly,any other type of communication method installed under this Agreement also Can experience an inability to communicate alarms signals Customer understands that HSM offers several levels of communication methods of alarm signals to the Customer Samoa Center and that the Services described on the front page of this Agreement and on the Schedule of Service and Protection have been chosen by Customer after Considering and balancing the levels of protection afforded by various communication methods and the related costs Customer acknowledges and agrees that Customer is solely responsible for the selection of the type of communication method and whether the utilization of more than one Communication method is required D In case of possible communication method trouble dejected by HSM,HSM shall Contact the Communication method provider and request that it determine the location of the trouble,if unknown to HSM When the trouble has been traced to a Customer,HSM will make a reasonable effort to notify Customer or the designated representative In the event any service or repair to Customers equipment becomes necessary,HSM shall within a reasonable time dispatch a representative to Customers premises for the purpose of making the necessary services or repair It is understood that the Communication method provider is not the agent of HSM and HSM shall not be liable for the communication method providers negligent performance or delay in performance E For those premises with a direct connection to the police,fire department or other agency it is mutually understood and agreed that signals transmitted hereunder will be monitored in police and/or fire departments or other agencies,and that the personnel of such police and/or fire departments or other agencies are not HSM s agents nor does HSM assume any responsibility for the manner in which such signals are monitored or the response if any to such signals 9 Tide to Equipment and Use of HSM-owned Equipment Any HSM-owned equipment installed on the Customers premises shall at all times remain solely the property of HSM,or its assignee and Customer agrees not to permit the attachment thereto of any equipment not famished by HSM If Customer purchases equipment,Customer agrees that HSM retains a security interest in the equipment until the full purchase price is paid It its further understood and agreed that HSM may remove or abandon all HSM-owned equipment including all wrong installed by HSM,in whole or in part,upon termination of the Agreement by lapse of time,default of any monies due hereunder,or otherwise without any obligation to repair or redecorate any portion of the protected premises provided that such removal or abandonment shall not be held to Constitute a well the right of HSM or its assignee to collect any charges which have accrued hereunder 10 Termination A HSM may terminate this Agreement immediately upon written notice i In the event Customer defaults in the performance of any of the terms and conditions of this Agreement,including the failure to make any payment as agreed herein,in which Case the balance of all monies due and for the unexpired term of this Agreement shall become immediately due and payable together with interest at the maximum legally allowable rate Customer shall also pay attorney and/or collection fees,defined as an additional thirty-five percent(35%)of the outstanding balance owed Incuffad in Collecting Customers account o it In the event HSM s Customer Samoa Center,the telephone lines wires or HSM s equipment within Customer premises are destroyed or so substantially damaged that it is commercially impractical to continue service to Customers premises or in As provided in Article 2 relating to expiration and Article 3(A)relating to price increases B Customer may terminate the Agreement i Immediately upon written notice,in the event Customers premises are,by any Cause beyond the Control of the Customer,destroyed or so substantially damaged that it is commercially moral for Customer to continue any operations at such premises,provided that if the Customer is using HSM owned equipment,the Customer must pay HSM all payments remaining to be made under this Agreement through its scheduled expiration or it As provided in Article 2 relating to expiration Article 3(A)relating to price increases,and Article 11 relating to assignment C Upon termination of this Agreement,Customer shall permit HSM access to Customers premises in order to deactivate the telephone line signaling device and/or to remove the equipment pursuant to Artide 9 11 Assignment This Agreement is not assignable by the Customer except upon written consent of HSM first being obtained HSM shall have the right to assign this Agreement,or to subcontract any of its obligations under this Agreement without notice to,or consent of,the Customer 12 No Subrogation Customer does hereby for itself and other parties claiming under it release and discharge HSM from and against all claims ansing from hazards covered by Customers insurance it being expressly agreed and understood that no insurance Company or nsurer will have any night of subrogation against HSM License Idormatmn AL 05-888 Alabama Electronic Security Board of Lrcensure 7956 Vaughn Rd Montgomery 36116(334)264 9388 A7 RCC2p4975 AR E M05 0042 Regulated by Arkansas ad of Private Investigators&Private Security Agencies s1 State Police Piz Or Ldue Rock 72209(501)618-8600 CA ACM055 845019 Alarm company operators are licensed and regulated by the Bureau of Security a Investigates,Services Dept of Consumer Affairs Sacramento CA 95814 DE 20042C7517 04- 158 FL 519432 EF20000495 EFM01047 IL 127COl 274 LA 01173 BF1431 ME MC60018704 MD 107 1174 Maryland state peace licensing division 7751 Washington Blvd Jessup,MD 20794 MA C1628 MI 652229 MN TS01212 NJ 639887 107"85 NY 12000269398 Licensed by NYS Dept of Stale NC 714-CSA OH 2O052MO 53-89-1512 ON 953 OR 161567 PA 83153544 RI 3935 SC FA3387 BA55CI TN C 1180 TX B02140,ACR2639 Texas Com n on Private Security 5505 Lamar Blvd Austin 78773 UT 5704068 6501 VA 11-4298 2705-087235A Commonwealth of Vligmia Dept of Criminal Justice Services 605 East Broad Street 9'FL Richmond VA 23219 WA SECURI'9680N WI 969322 WY LV-A-32 TLV-G-613 5-06669 (Page 2 of 2)Rev 6-22-06(CommAgreemenfHSM dri • conRAenpgi 8 Pro(x�etary mfo�maUon Schedule at Service and Protection InStai(atlOn) OF THE ATTACHED INSrAttAttON AND SERtrtCE (Equip"I t ONDITIONS THE TERMS AND C 249TH STREET 96W S821 S ARE DEFINED tN AND SUBJECT TD BETWEEN HSM ELECTRONIC PROTECTION SERVICES ING AND WA PROVIDED BELOW ,lama 0 1900 KENT ANY OR ALL SERVICES DATED FOR SERVICES AT AGREEMEM BLIC y,IORKS J n On CITY OF KENT PU stain DeWlbe Other CC Other CCTVX arto rov de Flre Access Control Custom intruspn List T e ua nd Location or Each pevrc Equlprmnt evices uant Added lW'a Prote on 1 Equipment want CHANGE OUT TEST CCN SYSTEMTORS FIND OUT tNHY Ex.611 Euu'Pf"enf ALL BNC CONE E NOT WORKING Exes en Equ rcent- g CAMERAS AR Ex�stm E u� octal nstrucdons Notes Pric ng and eposit Terms s1,51A 7ota11nstatatlon nce ---' Sales Tax,(d appkICable) —�� $1,614 Total Price: Deposlttln"handl— " $1614 Balance Due Upon Compl"tIon------`— Total Monthl Fee Is reflected on Schedule of Serwce and Protection Sernces HSM lndlais: Rev 571 t2006 Accepted BY- Cu o er Slgnatute, CITY OF KENT SHOP CCN CHECKUP xhs r Confidential B Proprietary nfo,mation Schedule of Service and Protection PAGE 1 of 2 (Services) 'ANY OR ALL SERVICES PROVIDED BELOW ARE DEFINED IN AND SUBJECT TO THE TERMS AND CONDITIONS OF THE ATTACHED INSTALLATION AND SERVICE 'e AGREEMENT DATED January 0,1900 BETWEEN HSM ELECTRONIC PROTECTION SERVICES INC AND CITY OF KENT PUBLIC WORKS FOR SERVICES AT 5821 S 240TH STREET KENT WA 98032 Monitoring Services Additional Monitoring Services Additional ProtectionNet Services Intrusion Alarm Add Intrusion Alarm O/C Signal Supervision Fire Alarm&Sprinkler Add Fire Alarm&Sprinkler Open and Close Signal Trackin Critical Condition Add Critical Condition Pin Management by HSM Medical Response Add Medical Response Open/Close Re orts Elevator Telephone Hold-Up or Panic Alarm Standard Exception Report Other Central Station Additional Areas F7777wmized Exception Report No Monitoring Duress Monitoring 24-Hour Auto Dialer Test Weekly Auto Dialer Test Communication Back-up Basic Cell Back-U Advanced Cell Back-Up Internet Comm BackU Basic Radio Back-Up Advanced Radio Back-Up e ataManager Basic eDataMan er Premium eDataMana er Premium Plus eDataMana er Advan eDataMana er eVideoManager eVideo Alarm Verif eVideo O/C Record eVideo Open Supervision eVideo Guard Tour eVideo Escort eVideo Close Supervision eVideoeMail Clips Service Plans Standard Service Plan (Monday—F*iday,8am—4pm) HSM Standard Service Plan covers labor and equipment costs during normal business hours This plan covers normal"wear and tear',repair or replacement and includes batteries and lift rentals Repair or replacement of equipment damaged by the customer,acts of God or vandalism is not covered Service labor rates for after hours work are based on current HSM service labor rate schedule Includes access to the HSM TAC—Technical Assistance Center(240) Premium Service Plan (240,365 days) HSM Premium Service Plan covers labor and equipment costs This plan covers normal"wear and tear",repair or replacement and includes batteries and lift rentals Repair or replacement of equipment damaged by the customer,acts of God or vandalism is not covered Includes access to the HSM TAC—Technical Assistance Center(24x7) Labor Orly Service Plan (Monday—Friday,Bam—4pm) HSM Labor Only Service Plan covers labor costs This plan covers normal"wear and tear",repair or replacement and includes batteries and lift rentals Repair or replacement of equipment damaged by the customer,acts of God or vandalism is not covered Service labor rates for after hours work are based on current HSM service labor rate schedule Includes access to the HSM TAG-Technical Assistance Center(207) Parts Only Service Plan (240,365 days,Applicable Labor Rate) HSM Parts Only Service Plan covers equipment costs This plan covers normal'wear and tear,repair or replacement and includes batteries and lift rentals Repair or replacement of equipment damaged by the customer,acts of God or vandalism is not covered Service labor rates are based on current HSM service labor rate schedule Includes access to the HSM TAC—Technical Assistance Center(24x7) - Priority Response Service Plan (Available to National Accounts (4 hour response,240,365 days) HSM Priority Response Service Plan covers labor and equipment Costs with a 4 hour response This plan covers normal"wear and tear",repair or replacement and includes batteries and lift rentals Repair or replacement of equipment damaged by the customer,acts of God or vandalism is not covered Includes access to the HSM TAC—Technical Assistance Center(24x7) 1 Schedule of Service and Protection(Services)Continued on Page 2 Customer Initials: HSM Initials: CITY OF KENT SHOP CCTV CHECK UP xis Rev 5/1/2006 {