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HomeMy WebLinkAboutPD13-069 - Original - Secure Pacific Corp - Verisafe Protection System at 407 Washington Ave N - 02/08/2013 ReCo rd s M lagemer� KENT Document WASHINGTON 3 w r 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 Clerk's Office. Vendor Name: Secure Pacific Corporation Vendor Number: JD Edwards Number Contract Number: p✓13 -0 / This is assigned by City Clerk's Office Project Name: 407 Washington Avenue North Kent,WA Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Addendum Contract Effective Date: 2/1/13 Termination Date: Notice Contract Renewal Notice (Days): 10 Days Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law/Police Detail: (i.e. address, location, parcel number, tax id, etc.): S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 SECURE ADDENDUM PACI FIC CORP � This Addendum to Client Agreement No 2216 & 2217 dated 2/ /2013 made this day of February 20 13 by and between Secure Pacific Corporation and City of Kent Police Department located at 407 Washington Ave N Kent WA 98032 hereinafter referred to as "Client", The Client Hereby requests and agrees to the following addendum lient has requested installa ion pacing e ashington h Agreement and remove the monthly service from this agreement Client Agreement Number 2216 $8,046 00 Tax $764 37 Total$8,810 37) Client has requested monthly service fee for the Washington Avenue Impound Yard on separate Client Agreement and remove installation pricing from this agreement Client Agreement Number 2217 ($389 00) nstallation and monthly service will be paid from two separate funds. Installation $ 8,046 Sales Tax $ 764 37 Total $8,810 37 Deposit Tax Rate 9 50°lo Balance Due Upon Installation $8,810 37 Additional Monthly r $ 389 Payment Made Fee(Monitoring/Maintenance) All required permits will be billed separately Subject to terms a con ns outlined in Client Agreement CLIENT: SECURE PACIFIC CORPORATION: Signature Signature TI , Secure Pacific Corp Securi4ofonsultant Printed Name_ K2n OYUClrS Date t Signature Sewre Pacific Corp Division Manager Date Date this agreement shall not be binding upon Secure Pacific Corp unless approved in writing by a manager of Secure Pacific Corp In the event of non-approval, the sole liability of Secure Pacific Corp shall be to refund to subscriber the amount that has been paid to Secure Pacific Corp by the client upon the signing of this addendum Secure Pacific Corporation Federal Tax ID No 20-8966510 PORTLAND EVERETT SEATTLE TACOMA BOISE 8220 N Interstate Ave 2221 California St 1406 140th PI NE, 9107 2115 S 56th St ,#308 3657 W Wright St Portland, OR 97217 Everett, WA 98201 Bellevue, WA 98007 Tacoma, WA 98409 Boise, ID 83705 877-VERISAFE 877-VERISAFE 877-VERISAFE 877-VERISAFE 208-363-SAFE PrSECURE PACIFIC SECURE PACIFIC SECURITY SYSTEM-LIMITED PERFORMANCE WARRANTY CORP [ As an Addendum to the Agreement between Secure Pacific and the client it is agreed. 1 Warranty Beginning after seven(7)consecutive days from installation and operation in Client's premises of Secure Pacific security devices and equipment, Secure Pacific warrants to Client that said Secure Pacific security devices and equipment which are monitored by a Secure Pacific central station will detect and the central station will report to the proper agency any burglary by forcible intrusion into the interior areas of the Client s facility actually protected by the Secure Pacific Security System(the`Protected Facility)" lit the event the Client's telephone line is inoperative during the burglary by forcible intrusion,then in lieu ofthe above warranty,Secure Pacific warrants to Client that if properly activated by Client any audible device that is part of the Secure Pacific Security System at the Protected Facility will sound upon any burglary by forcible intrusion through a protected entry point into the Protected Facility The Warranty set forth above shall be subject to and conditioned upon all terms contained in the Agreement and this Addendum 2 Scope of Warranty This Warranty is operative only in the event of loss or damage to Covered Goods(defined below)due to a burglary by forcible intrusion through a protected point of entry into the Protected Facility which is undetected or unreported by the Secur,Pacific Security System if said burglary occurs at a time the Secure Pacific Security System has been properly activated by the Client and at a time the Protected Facility is not occupied by Client or other authorized • occupant("Covered Event") Covered Goods shall mean the Client's own tangible property and lixtures It is further understood and agreed that the Warranty is not intended to enhance,negate or in any way modify any manufacturer's warranty between the Client and the manufacturers of the various devices or equipment used in the Secure Pacific Security System and any such rights,limitations and responsibilities remain solely between those parties - 3 Exclusions This Warranty does not extend to,and Secure Pacific or its agent shall have no liability for,the following (a)loss or damage to property resulting from vandalism,malicious mischief,exterior facility damage from point of entry,casualty or other events not a Covered Event,(b)loss or damage to cash,coins, negotiable instruments,gold or silver ingots or bars,manuscripts,books of account or other records,intangibles,stamps or other collectibles,or other property not Covered Goods (c)loss or damage which occurs at a time when the Protected Facility is occupied by a Client or other authorized occupant,or at a time when the Secure Pacific Security System has not been properly activated by the Client or operated in accordance with the instructions given to Client,or at a time when the Secure Pacific Security System is inoperative due to nots,floods,fire,earthquake,general utility service interruption or any other cause beyond the control of Secure ItPacific,(d)loss or damage occurring during a period of time that the Client has been previotIsly notified by Secure Pacific or its agent that the Secure Pacific Security System would be inoperative,(e)loss or damage that occurs by reason of entry to the Protected Facility via an unsecured or Unlocked point of access,including but not limited to unlocked doors or windows,or(f)loss or damage occurring in premises or a location other than the Protected Facility,such as satellite buildings, warehouses,garages,utility rooms,storage buildings,sheds,rooms added on,or any other premises not actually protected by the Secure Pacific Security System 4,Maximum Liability The maximum liability under this Warranty shall be Five Thousand Dollars($5,000)for the entire Protected Facility If Covered Goods are lost or damaged as a result of a Covered Event,Secure Pacific or its agent may at its option,elect(a)to replace the lost or damaged Covered Goods with goods of equivalent function and value,(b)to pay the loss in cash to Client,or(c)to arrange for the repair or restoration of damaged Covered Goods In the event payment of cash is selected,the amount to be paid shall be the lesser of Actual Cash Value(replacement cost less depreciation),the wholesale purchase price,or the actual , cost to Client w ithout regard to profit markup of lost or damaged Covered Goods The maximum amount to be paid for lost or damaged Covered Goods which are - jewelry is Fifty Dollars($50 00)per item of jewelry _ 5 Conditions to Warranty This Warranty, and any liability hereunder, is contingent upon the happening of the following conditions (a) the activation and operation of the Secure Pacific Security System by Client in strict accordance with the instructions delivered to Client,and(b)any Covered Event must be promptly reported by Client to the police authorities and to Secure Pacific,and within seven(7)days after a Covered Event(hent shall submit to Secure Paeilic or its agent a complete and detailed inventory of all Covered Goods which have been lost or damaged,specifying the Client s original cost of each item and any other infomia- tion deemed necessary or desirable regarding such goods , 6 Termination Secure Pacific or its agent may terminate or amend this Warranty at anytime upon ten(10)days prior written notice to Client This Warranty is for the exclusive benefit of and is personal to Client and shall not inure to the benefit of any party(including insurers)other than Client 7 Waver of Subrogation For the benefit of Secure Pacific or its agent,Client hereby waives any rights of subrogation against Secure Pacific that any insurer of Client may have,provided however,that if this waiver shall cause the applicable insurance coverage of Client,if any,to be invalidated,this waiver shall be void and of no effect L 8 Effect on Agreement Nothing in this addendum,unless specifically stated otherwise,shall modify or supersede the terms of the principal Agreement s' THIS LIMITED WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, r INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SIGNEDTHIS 157 DAY F dg 2 YEAR OF zo/3 r SECURE PACIFIC CORP CLIENT By 1 �` � Location. 41'�L96 7 A t a By: r SECV RE CORD Sri PORTLAND EVERETT SEATTLE TACOMA BOISE 8220 N Interstate Ave 2221 California St 1406140th PI NE,#107 2115 S 56th St,#308 3657 VV Wright St Portland,OR 97217 Everett,WA 98201 Bellevue,WA 98007 Tacoma,WA 98409 Boise,ID 83705 877-VERISAFE 877-VERISAFE 877-VERISAFE 877-VERISAFE 208-363-SAFE PEACE OF MIND QUOTATION Client: City of Kent Police Department Contact: Chief Thomas and Commander Hemmen Phone M (253) 856-5800 Address: 407 Washington Ave N Cell#: - Kent WA 98032 Verisafe Protection System Configuration: Quanti Description 1 XT Indoor V -a INWW�r7umf 6 Door Contact Sensors (4 Single Doors and 2 Roof Access Doors) 8 Overhead/Garage Door Contact Sensors r 3 Vensafe Keypads F 1 XT Battery Backup 3 Verisafe Keypads 2 Wireless indoor PIR (Wet Room) 1 XTiP Indoor Control Panel w/GSM piggy back to XT Indoor Panel for partition 6 indoor Motion Viewers 10 Outdoor Motion Viewers I 1 Keypad(programming only) . 1 Cellular Communications Module 1 Battery Backup 2 Nema Protection Boxes [OTC# 1 Combining QTC#1 &#2 on client agreement All necessary wiring&labor Notes: System will have two main zones, one interior and one exterior, the "Wet"room will be partitioned and operat arm/disarm with a separate keypad. One keypad will be located at main entry point and one keypad will be located at main entry door Both keypads located outdoors will be protected by a Nema Rated box. The fourth listed keypad is a programming keypad and will be mounted near the control panel Included Services: Peace of Mind Guarantee: x Verisafe Security Protection System x $5,000 Warranty Guarantee* x Video Verification x Full Parts and Labor Guarantee Audio Verification x Emergency Service Guarantee x Low False Alarm Rate x False Alarm Fine Guarantee* x Verified Response x Satisfaction Guarantee Client Initials Date 21-)1t3 Page 2 of 2 Prj1SECURE City of Kent Police Department PACI FIC CORP �■ PORTLAND EVERETT SEATTLE TACOMA BOISE 8220 N Interstate Ave 2221 California Ave 1406140th Pl NE,#107 2215 S 56th St 3657 W Wright St Portland,OR 97217 Everett,WA 98201 Bellevue,WA 98007 Tacoma,WA 98409 Boise, ID 83705 877-VERISAFE 877-VERISAFE 877-VERISAFE 877-VERISAFE 208-363-SAFE Client: City of Kent Police Department Contact: Chief Thomas and Commander Hemmen Phone#: 2538565800 Address: 407 Washington Ave N Cell #: 0 Kent WA 96032 Verisafe Protection System Proposal: Installation Investment . . . .. $ 8,046 Monthly Monitoring & Service . . . . . . . $ 389 Additional Options: Client lnit als Qty Description Monthly Monitoring &Service $ $ Client Initials Qty Description Monthly Monitoring & Service $$ ... ..�.__..�.. .m..�,.�.. d..a. $ ■ Client Initials Qty Cescnpticn Monthly Monitoring & Service $ Installation Investment with Options . ............... ............ ...... .... ... . .... $ 8,046, Monthly Monitoring& Service with Options . .. . $ 389 Special Requirements/Comments/Options: Client to provide access to 110V electricity (2) 5090 eposit with order (3) ll required permits wi be billed separately. (4) Client will provide and maintain any required lP connectivity Lease packages require a 30 day written notice of cancellation to end service This proposal does not constitute a sales agreement Price quoted above in effect for 30 days from date submitted Acceptance of this proposal is subject to all terms and conditions of Secure Pacific's s nda contractual agreement Submitted by Security Consultant Approved by ent Name Daniel Johnson Signature 11 Date January 29, 2013 Printed K" 7lfca,� Title poi-k C-4E� LK l Date o -i 3 i Intrusion Ifideo, e Fire Detection PrISECURE .CORP. PACIFIC Peace of Mind Guarantee Satisfaction Guarantee Secure Pacific offers a full. unconditional refund of your installation fee if, for any reason, at six months after installation you are dissatisfied with your system. Secure Pacific will take responsibility to remove the system from your business or home in a professional, workman-like manner. Equipment and Labor Guarantee Secure Pacific extends a full service warranty for normal maintenance on all equipment and labor for as long as Secure Pacific provides your monitoring services. Emergency Service Guarantee Secure Pacific guarantees the arrival of a service technician, on-site. within one (1)hour of your emergency service request, within our normal service area. Secure Pacific will pay you S50.00 if we do not respond within this time frame. $5,000 Performance Guarantee For systems with VerisafO technology. Secure Pacific will pay up to $5,000 of any losses incurred to your business or home if an undetected forced entry occurs and the proper authority is not notified. This is in addition to any insurance you may have. Please refer to our Warranty Program for a full description. False Alarm Fine Guarantee For systems with VensafeO technology, should you receive a false alarm fine due to a Secure Pacific dispatch and not caused by a system user. your telephone service provider or an Act of God, Secure Pacific will represent your interests in getting the fine voided or we will pay the fine. Except as stated in this commitment, the terms of the Client Agreement apply Secure Pacific Representative Client r— Date �1/G' DocunientRnucd3?6d010 / /o r7 /� �f5 �� `/'ice// '// �'�/ ///"'LLL� lz�,wf 40'� -2- rISECURE COMMERCIAL ALARM SYSTEMS SALES AND SERVICE AGREEMENT PACIFIC CLIENT AGREEMENT NO '�1 7 CORP This AGREEMENT is made this i day of 'O ,20 i�� by and between SECURE PACIFIC CORP(hereinafter"We'Or'Us), and Customer (hereinafter'You'or"Your") Phone Address ' City State Zip Billing Address - li TYPE OF SYSTEM AND SERVICES ❑Burglary O Access Control O CCTV❑Fire❑Holdup O Other ❑Standard Monitoring O Verified Monitoring ❑Other Services Transmission Type O Land line Telephone El,Cellular/GSM OTInternet All equipment is the personal property of ODealer 13bient Service 1 INSTALLATION AND SERVICE We will sell and install provide warranty and after-warranty repair service for the security systems(individually or collectively the"5ystem" or'Sold S/stem)checked above and described on the attached Security Equipment Schedule and in the Service statement above In addition,monitoring and other services described herein for the alarm system(s)installed on your premises will be provided You will at your sole expense,obtain and keep in effect during she entire term of this Agreement,all permits lice^ses,plan checks and similar governmental requirements that maybe required for the installation,operation and use ofthe System 2 PRICE,PAYMENT AND TERM ti ']i`" .f !rj 1 INSTALLATION $ ��— Tax Total [Down Payment) Balance Upon Completion MONITORING $ $ _$ I Payable nAdvance) Tax Total Monitoring of the System(s),and other services may not be providera Until the sales/installation price Is paid in full We will retain title to the System until the complete saleslinstallation price is paid If You fad to make any payment when due ire may discontinue installation,monitoring and service,terminate this Agreement and recover all damages towhich We areentitled including the value ofthework performed and loss of profits In addition We may impose a latecharge on all payments more than ten(10) 1 days past due in the maximum amount permitted by law We may file a mechanic's lie-oursuam to state law if you fad to pay the entire sales price 2 1 SERVICES FEE,FINANCIAL DISCLOSURES For monitoring and service of uhe System and other contracted services,you will pay us monthly O quarterly \ payments in advance,starting onthe first day ofthe month followmgthe month in which monitoring service begins In addition,you will paythe pro-rated services feeforthe month in which monitoring service starts The first payment for monitoring service is due when we completethe System There is nofinanang charge or cost of credit assocated with this Agreement(0%APR) The total sum set forth above is the total cash price and total cost of credit for monitoring service Ifyou fail to make any payment when due we may cease monitoring and service,terminatethis Agreement and recover ail damages to which we are entitled,including the value ofthe work performed and loss of profits We will also charge a fee for interest on al l past due accounts See Section 13 for additional information regarding ' nonpayment,default,late fees and Our collection and termination remedies j TERM For monitor ng service the original term of this Agreement starts on the day monitoring begins and continues for five(5)years plus the portion ofthe month in which monitoring starts This Agreement will automatically continue from year to year thereafter unless canceled by either of us in writing at least thirty(30)days before the end of the original term or any renewal term Upon termination ofthis Agreement for any reason,You agree to permit us to enter Your premises and disconnect Your system from our monitoring network 2 2 INCREASE IN SERVICES FEE You acknowledge that the services fee is based upon existing federal,state and local taxes or fees,and any utility charges We shall have the right,at any time,to Increase the services fee to reflect any additional or increased taxes,licenses,permits,fees or charges(including services fees) which may be charged to us by our monitoring or any utility or governmental agency relating to the installation of the System or the monitoring service and you agree to paythe same In addition,so that we may properly adjust our rates to meet changing costs,we may,at anytime(but not more than once in any twelve(12) month penad)after the expiration of ane(1)year from the date of this Agreement increase the annual Serves fee by giving you notice in wnnng In the event the maease exceeds more than 10%and you are unwilling to pay the increased charges,you may terminate this Agreement upon giving us written notice within thirty (30)days from the date of notice of the Increase Your failure to notify us within said thirty(30)days shall constitute your acceptance of the me ease 3 LIMITED WARRANTY 31 WHAT IS COVERED FOR ONE YEAR AFTER WE COMPLETE THE INSTALLATION,WE WILL REPAIR OR REPLACE ANY DEFECTIVE PART OF THE SYSTEM WITHOUT CHARGETOYOU WE CAN USE NEW OR USED PARTS OF THE SAME QUALITY,AND WE MAY KEEP ANY REPLACED PARTS AN EXTENDED WARRANTY ON ALL SYSTEMS COVERING ALL PARTS AND LABOR IS AVAILABLE THIS EXTENDED WARRANTY, IF IN FORCE, IS NOTED ABOVE UNDER THE HEADING"SERVICE" 32 HOWTOGETSERVICE CALL OR WRITE US AT THE ADDRESS AND TELEPHONE NUMBER AT THE BOTTOM OF THIS AGREEMENT AND TELL US WHAT IS WRONG WITHTHE SYSTEM WE WILL PROVIDE SERVICE AS SOON AS POSSIBLE DURING OUR NORMAL BUSINESS HOURS WHICH ARE 800 AM TO 500 PM,MCNDAY THROUGH FRIDAY, EXCLUDING HOLIDAYS WE OBSERVE EMERGENCY REPAIR SERVICE IS AVAILABLE AT OTHER TIMES AT OUR PREMIUM LABOR RATE 3 3 WHAT 15 NOT INCLUDED REPAIR OFTHE SYSTEM IS OUR ONLY DUTY THIS WARRANTY DOES NOT INCLUDE DISPOSABLE ITEMS SUCH AS BATTERIESTHAT WE WILL PROVIDE TO YOU AND YOU AGREE TO PAY FOR AT OUR PREVAILING RATES ANY REQUIRED OR REQUESTED FIRE ALARM TESTS AND/OR INSPECTIONS ARE NOT PART OF WARRANTY SERVICE AND SHALL BE SEPARATELY BILLEDTOYOU AT OUR PREVAILING RATES FOR SUCH SERVICES ANDYOU ACREETO PAY FORTHE SAME WE MAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTYOF MERCHANTABILITY OFTHE SYSTEM OR ITS FITNESS FOR ANY SPECIAL PURPOSE WE DO NOT WARRANTTHATTH E SYSTEM WILL ALWAYS DETECT,OR HELP PREVENT,ANY BURGLARY,INTRUSION,FIRE HOLD-UP OR OTHER SUCH EVENT WE DO NOT WARRANTTHAT'HE SYSTEM CANNOT BE DEFEATED,BYPASSED OR COMPROMISED OR THAT IT WILL ALWAYS OPERATE THIS WARRANTY DOES NOT COVER REPAIRS THAT ARE NEEDED BECAUSE OF AN ACCIDENT,ACTS OF GOD YOUR FAILURETO PROPERLY USE THE SYSTEM,OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SYSTEM OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT OR OUR INSTALLATION ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SYSTEM 3 4 STATE LAW SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAG E5,OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES,SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLYTO YOU THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE 4 OUR LIMITED LIABILITY Sections 16 and 17 on the reverse side of this Agreement limit our liability to the lesser of$1500 DO or twelve(12)times the monthly services i fee whichever is less if you or anyone else suffers any harm idamage or Iass of property,personal injury,or death)because the System faded to operate to ro p e r I y orwe were careless or acted improperly You have had the opportunity to talk to our security representative about this limitation and you know that you may obtain a higher limitation of our liability by paying an additional periodic fee to us 5 TERMSONREVERSE All of the terms on the reverse side of this page and on all attachments are part of this Agreement Read them before you sign below i SECURE PACIFIC CORP CLIENT ADDRESS _ - T BY CITY STATE Title PHONE LICENSE NUMBER DATED SIGNED " ' ,20 SIGNATURE (COMPANY REPRESENTATIVE; (Manager Approval-office use only) This Agreement will not be binding upon Company until either(1)signed by one of our managers or(2)we start the Installation or service In the event of our non-approval our only liability shall be to refund to you the amount that you paid to us You acknowledge and agree that You may not receive a fully executed copy of this Agreement and such lack of receipt shall not in anyway invalidate or otherwise affect this Agreement THE CITY OR COUNTY IN WHICH YOUR PREMISES 15 LOCATED MAY REQUIRETHATYOU OBTAIN A PERMIT FORTHE INSTALLATION,USE AND MONITORING OF AN ALARM SYSTEM LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE ALARM SYSTEM HAVE BEEN OBTAINED, AND THEREFORE YOU MUST O BTAIN,AT YOUR EXPENSE,ALL NECESSARY PERMITS OR LICENSES,AND PROVIDE US WITH THE LICENSE OR PERMIT NUMBER rrISECURE COMMERCIAL ALARM SYSTEMS SALES AND SERVICE AGREEMENT PACIFIC CLIENT AGREEMENT NO sµ This AG REEMENT is made this �i day of ,20__,byand between SECURE PACIFIC CORP(hereurafter"We"or'Us"), and Customer (hereinafter"You'or'Your' Phone Address - City State l Zip Billing Address TYPE OF SYSTEM AND SERVICES 0 Burglary =Access Control O CCTV O Fire❑Holdup❑Other ❑Standard Monitoring O'Venfied Monitoring ❑Other Services Transmission Type ❑Land line Telephone❑Cellular/GSM 0Internet All equipment is the personal property of ❑Dealer Object Service 1 INSTALLATION AND SERVICE We will sell and install,provide warranty and after-warranty repair service,for the security systems(individually or collectively the"System' or"Sold System")checked above and described on the attached Security Equipment Schedule and in the Service statement above In addition,monitoring and other services described herein for the alarm system(s)installed on your premises will be provided You will,at your sole expense,obtain and keep in effect during the entire term of this Agreement al I permits licenses,plan checks a nd similar governmental requirements that may be required for the installation,operation and use of the System 2 PRICE,PAYMENT AND TERM INSTALLATION $ $ $ ($ ) $ Tax Total (Down Payment) Balance Upon Completion MONITORING _,' I Payable in Advance) Tax Total J< . ' .4-,L o-1I? Monitoring of the System(s),and other services may not be provided until the sales/installation price is paid in full We will retain title to the System until the complete sales/installation price is paid If You fail to make any payment when due we may discontinue installation,monitoring and service,terminate this Agreement and recover all damages to which We are entitled,Including the value of the work performed and loss of profits In addition We may impose a late charge on all payments more than ten(10) days past due in the maximum amount permitted by law We may file a mechanic's lien pursuant to state law if you fad to pay the entire sales price 2 1 SERVICES FEE,FINANCIAL DISCLOSURES For monitoring and service of the System and other contracted services,you will pay us❑monthly❑quarterly payments in advance,starting on the first day of the month following the month in which monitoring service begins In addition,you will pay the pro-rated services fee for the month in which monitoring service starts The first payment for monitoring service is due when we complete the System There is no financing charge or cost of credit associated with this Agreement(0%APR) The total sum set forth above a the total cash price and total cost of credit for monitoring service Ifyou fail to make any payment when due,we may cease monitoring and service terminate this Agreement and recover all damages to which we are entitled,including the value of the work performed and loss of profits We will also charge a fee for interest on all past due accounts See Section 13 for additional information regarding nonpayment,default,late fees and our collection and termination remedies TERM For monitoring service the original term of this Agreement starts on the day monitoring begins and continues for five(5)years plus the portion of,he month in which monitoring starts This Agreement will automatically continue from year to year thereafter unless canceled by either of us in writing at least thirty(30)days before the end of the original term or any renewal term Upon termination of this Agreement for any reason,You agree to permit us to enter Your premises and disconnect Your system from our momtorng network j 2 2 INCREASE IN SERVICES FEE You acknowledge that the services fee Is based upon existing federal,state and local taxes or fees,and any utility charges We shall have the right,at any time,to increase the services fee to reflect any additional or Increased taxes,licenses,permits,fees or charges(including services fees) which may be charged to us by our monrconng or any uuhty or governmental agency relating to the installation of the System or the monitoring seance and you i agree to paythesame In addition,so that we may properly adjust our rates to meet changing costs,we may,atany time(but not more than once in any twelve 02) month penod)after the expiration of one year from the date of this Agreement increase the annual Services fee by giving you notice in writing Intheeventthe increase exceeds more than l O W and you are unwilling to pay the increased charges you may terminate this Agreement upon giving us written notice within thirty (30)days from the date of notice of the increase Your failure to notify us within said thirty(30)days shall constitute your acceptance of the increase 3 LIMITED WARRANTY 31 WHAT IS COVERED FOR ONE YEAR AFTER WE COMPLETE THE INSTALLATION,WE WILL REPAIR OR REPLACE ANY DEFECTIVE PART OF THE SYSTEM WITHOUT CHARGETOYOU WE CAN USE NEW OR USED PARTS OF THE SAME QUALITY AND WE MAY KEEP ANY REPLACED PARTS AN EXTENDED WARRANTY ON ALL SYSTEMS COVERING ALL PARTS AND LABOR IS AVAILABLE THIS EXTENDED WARRANTY, IF IN FORCE IS NOTED ABOVE UNDER THE HEADING"SERVICE" 32 HOWTOGETSERVICE CALL OR WRITE US ATTHE ADDRESS AND TELEPHONE NUMBER ATTHE BOTTOM OF THIS AGREEMENT AND TELL US WHAT IS WRONG WITH THE SYSTEM WE WILL PROVIDE SERVICE AS SOON AS POSSIBLE DURING OUR NORMAL BUSINESS HOURS WHICH ARE 800 AM TO S 00 PM,MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS WE OBSERVE EMERGENCY REPAIR SERVICE IS AVAILABLE AT OTHER TIMES AT OUR PREMIUM LABOR RATE 3 3 WHAT IS NOT INCLUDED REPAIR OF THE SYSTEM IS OUR ONLY DUTY THIS WARRANTY DOES NOT INCLUDE DISPOSABLE ITEMS SUCH AS BATTERIES THAT WE WILL PROVIDE TO YOU AND YOU AGREE TO PAY FOR AT OUR PREVAILING RATES ANY REQUIRED OR REQUESTED FIRE ALARM TESTS AND/OR INSPECTIONS ARE NOT PART OF WARRANTY SERVICE AND SHALL BE SEPARATELY BILLED TO YOU AT OUR PREVAILING RATES FOR SUCH SERVICES AND YOU AGREE TO PAY FOR THE SAME WE MAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY OF THE SYSTEM OR ITS FITNESS FOR ANY SPECIAL PURPOSE WE DO NOT WARRANT THAT THE SYSTEM WILL ALWAYS DETECT,OR HELP PREVENT,ANY BURGLARY,INTRUSION,FIRE HOLD-UP OR OTHER SUCH EVENT W E DO NOT WARRANT TAT THE SYSTEM CANNOT BE DEFEATED,BYPASSED OR COMPROMISED OR THAT IT WILL ALWAYS OPERATE THIS WARRANTY DOES NOT COVER REPAIRS THAT ARE NEEDED SECAL SE OF AN ACCIDENT,ACTS OF GOD,YOLR FAILURE TO PROPERLY USE THE SYSTEM,OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SYSTEM OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT OR OUR INSTALLATION ALL IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES YOUAGREETHATTHISIS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FORTHE SYSTEM 34 STATELAW SOME STATES DO NOT ALLOWTHE EXCLUSION ORTHE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,OR A LIMITATION ON THE DU RATIO N OF IMPLIED WARRANTIES,SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY AL50 HAVE OTHER RIGHTS WHICH MAY VARY FROM STATETO STATE 4 OUR LIMITED LIABILITY Sections 1 fi and 17 on the reverse side of this Agreement limit our liability to the lesser of$1500 GO or twelve(12)times the monthly services fee whichevens less if you oranyone else suffers any harm(damage or loss of property personal injury,or death)because the System failed to operate properly orwe were careless or acted improperly You have had the opportunity to talk to our security representative about this limitation and you know that you may obtain a higher limitation of our I lability by paying an additional periodic fee to us S.TERMSONREVERSE All of the terms on the reverse side of this page and on all attachments are part of this Agreement Read them before you sign below SECURE PACIFIC CORP CLIENT ADDRESS. _r r -` BY TV STATE Title GI PHONE LICENSE NUMBER DATED SIGN ED g I ,20 SIGNATURE (COMPANY REPRESENTATIVE, (Ma Pager Approval-office use only) This Agreement will not be binding upon Company until either i1)signed by one of our managers or(2)we start the installation or service In the event of our non-approval,our only liability shall bete refund to you the amount that you paid to Ics You acknowledge and agree that You may not receive a fully executed copy of this Agreement and such lack of receipt shall not in anyway invalidate or otherwise affect this Agreement THE CITY OR COUNTY IN WHICH YOUR PREMISES 15 LOCATED MAY REQUIRETHATYOU OBTAIN A PERMIT FORTHE INSTALLATION,USE AND MONITORING OFAN ALARM SYSTEM LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE ALARM SYSTEM HAVE BEEN OBTAINED, AND THEREFORE YOU MUST OBTAIN,AT YOUR EXPENSE,ALL NECESSARY PERMITS OR LICENSES,AND PROVIDE US WITH THE LICENSE OR PERMIT NUMBER I