HomeMy WebLinkAbout2018 Agreement
INSTALLATION & MONITORING AGREEMENT-FLORIDA Cust No. 9062140
ADS. 3001 Armory Drive, Suite 100, Nashville, TN 37204 1-866-837-8110 1 adssecurity.com Cs No.
Job No.
Customer• •
Name City Of Sebastian
Premises Type D Residential p Commercial
Secured Premises Address-'.'
Landline Phone (772 ) 589 5233 ❑ None
street 1201 Main Street
Phone 1 (772 ) 473 2799 m Cell ❑ Work
city Sebastian I State FI I Zip 32958
Phone 2 (772 ) 388 8246 ❑ cell m Work
County Indian River
Email MIS@cityofsebastian.org
Services & Installation
Services to be Provided (check all that apply)
Charges ❑ Lease (commercial only) ❑ Purchase
❑ Monitoring: ❑ Burglar ❑ Fire ❑ Medical ❑ CO ❑ Water
Installation Charges
❑ Cellular/Radio Communication: O Primary ❑ Secondary
Total Installation Charges
❑ Internet Monitoring
50Y Deposit Due (with agreement)
❑ ADS Aniware® ❑ ADS Aniware® Automation
Balance Due (upon installation)
❑ Access Control ❑ Managed
Billing Cycle
❑ Video Surveillance
❑ Monthly (Ez Pay/ewl) ❑ Semi -Annually
❑ Service Plan
❑ Quarterly 0 Annually
❑ Timer Test: ❑ Daily ❑ Weekly ❑ Monthly
Notes
❑ Lease (commercial only)
D Other Pr-lNatch Software Si iTT ort Anmt
$218.99
Total Initial Monthly Service Charges
$218.99
TERM AND RENEWAL: The initial term of this Agreement is for 36 months and shall automatically renew for successive terms of one (1) month
unless terminated by written notice at least thirty (30) days before the end of the current term.
By executing this Agreement, Customer agrees to the terms and conditions set forth herein. Customer specifically acknowledges Customer has
read this six (6) page Agreement and understands all the terms and conditions of this Agreement, including but not limited to, Paragraph 5,
Limitation of Liability and Paragraph 6, Indemnification and Subrogation Waiver.
FOR RESIDENTIAL SALES WHERE THE SALE IS MADE FACE TO FACE, CUSTOMER ACKNOWLEDGES RECEIVING TWO (2) COPIES OF THE NOTICE
OF CANCELLATION FORM AND THE FOLLOWING NOTICE: "YOU, THE CUSTOMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR
TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FORM FOR AN
EXPLANATION OF THIS RIGHT."
IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed or caused this Agreement to be executed on the date first
written below.
Company er
Submitted By Bob Erdman Customer Signature
ADS Representative Date 7/30/18 I Title(commercial only) MIS manager
Approved By* Customer Signature
Authorized
ADS Representative Date I Title (commercial only)
*Binding on Company only when (1) signed by an Authorized ADS Representative; or (2) on the date when Company first provides Services checked above.
CONT101514-FL 1 of 6
IMPORTANT TERMS AND CONDITIONS
1. Definitions. This paragraph defines certain terms used in this Installation and Monitoring Agreement. "Agreement" means this Installation and Monitoring Agreement.
"Premises" means the Secured Premises Address identified on page 1. "Company" means ADS Security, L.P., and, when such term is used in paragraphs 5 and 6 of this
Agreement, shall also include its partners, limited partners, general partners, shareholders, directors, officers, employees, agents, subcontractors, independent contractors
and assigns. "Customer" means, in the case of residential premises, the individual(s) signing this Agreement, and, in the case of commercial premises, the entity named as
the "Customer" on page 1. Any individual signing this Agreement on behalf of an entity hereby represents and warrants to Company that he/she has the authority to legally
bind such entity. "System" means the equipment, hardware, wiring, related components, CPU chip, software, data, passcode to the software, the transmitting and receiving
equipment required for monitoring service, and apparatus provided in the Equipment (to be installed) section of this Agreement.
2. Installation Charges; Ownership; Risk of Loss; Credit Investigative Report. Customer shall pay Company the "Deposit Due (with agreement)" when this Agreement is
executed and "Balance Due (upon installation)" upon substantial completion of the installation of the System. If there is a delay of installation due to no fault of Company,
Company may in its sole discretion bill the "Balance Due (upon installation)" progressively on a percentage of completion basis or invoice the remaining balance upon
substantial completion of the installation. Unless the System is leased, except as provided in the last sentence of this paragraph, the System will become the property of
Customer upon full payment of the "Total Installation Charges." Leased equipment will always remain property of the Company. Risk of loss to the System shall pass to
Customer upon delivery to the Premises. Customer permits and consents to credit investigations/reports by Company throughout the Initial term and all renewal terms of
this Agreement. Company will begin the monitoring and notification services only after the System is installed, operational, and the "Total Installation Charges" have been
paid, in full. The following will always remain property of the Company: the CPU chip, software, data, pass code to the software, FCC licensed transmitters, and the
transmitting/receiving equipment for monitoring service.
3. Total Monthly Service Charges; Finance and Late Charges. Customer agrees to pay Company the "Total Monthly Service Charges" per the "Billing Cycle" set forth on page 1
of this Agreement (subject to increase as provided in Paragraph 4 of this Agreement) for the initial 36 nV term of this Agreement and any renewal term. Payment is due on the
date provided on each invoice. A finance charge of 1.5% percent per month (18% percent per year) will apply to all invoices not timely paid per the applicable invoice. Customer
agrees to pay Company an administrative fee (late charge) of 5% percent of any payment received by Company after the date the payment is due and owing.
4. Increase in Charges. Company may increase the Total Monthly Service Charges at any time after 12 months from the date of this Agreement. If Customer is unwilling to pay
the increase, Customer must (1) notify Company In writing by certified mail, return receipt; and (ii) mail the notice within 30 days of the date of Company's notice of the increase.
If the Customer does not timely notify the Company, the Customer hereby consents to the increase and all other terms and conditions of this Agreement shall remain unchanged
and in full force and effect. In the event the Company receives a notice from the Customer indicating unwillingness to pay the increase, the Company may, in its sole discretion,
elect to terminate this Agreement upon 30 days written notice to the Customer or continue the prior rate and allow this Agreement to remain in full force and effect.
S. LIMITATION OF LIABILITY. IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, STRICT PRODUCT LIABILITY, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF
LIABILITY WHATSOEVER ARISING IN ANY WAY FROM ANY FAILURE OF THE SYSTEM, OR ANY COMPONENT THEREOF, IN ANY RESPECT, OR A FAILURE OF COMPANY OR OTHERS
TO PERFORM, OR PROPERLY PERFORM, ANY OF THE OBLIGATIONS CONTRACTED FOR HEREIN, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS, DESIGN, INSTALLATION,
REPAIR, MONITORING, SERVICES, OR ANY OTHER SERVICES WHICH THE CUSTOMER CLAIMS WERE PROVIDED OR SHOULD HAVE BEEN PROVIDED UNDER THIS AGREEMENT,
THE COMPANY'S MAXIMUM LIABILITY WILL BE LIMITED TO A SUM EQUAL TO FIVE HUNDRED DOLLARS ($500.00), COLLECTIVELY FOR COMPANY, ITS EMPLOYEES, AGENTS,
SUBCONTRACTORS AND REPRESENTATIVES, AND THIS LIABILITY SHALL BE EXCLUSIVE. THE COMPANY MAY AGREE TO ASSUME A GREATER LIABILITY, BUT ONLY FOR AN
ADDITIONAL CHARGE TO BE AGREED UPON BY THE CUSTOMER AND THE COMPANY. IF THE COMPANY DOES AGREE TO ASSUME A GREATER LIABILITY, A RIDER WILL BE ATTACHED
TO THIS AGREEMENT WHICH MUST BE SIGNED BY COMPANY AND CUSTOMER TO BE BINDING. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG
OTHER THINGS, LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; BUSINESS INTERRUPTION; GOVERNMENT FINES AND CHARGES;
PERSONAL INJURIES OR DEATH; ECONOMIC DAMAGES; NON -ECONOMIC DAMAGES; PAIN AND SUFFERING; LOST WAGES; LOSS OF EARNING CAPACITY; CROSS -CLAIMS AND
OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION ARE THE FOLLOWING TYPES OF DAMAGES:
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE.
6. INDEMNIFICATION AND SUBROGATION WAIVER. IF ANY LAWSUIT OR CLAIM IS FILED OR MADE BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, CROSS -CLAIMS,
THIRD PARTY CLAIMS, SUBROGATION CLAIMS, AND CLAIMS BY OTHERS WHO ARE NOT PARTIES TO THIS AGREEMENT) AGAINST COMPANY DUE TO OR ARISING FROM THE
FAILURE OF THE SYSTEM OR SERVICES IN ANY RESPECT WHATSOEVER OR A FAILURE OF COMPANY TO PERFORM, OR PROPERLY PERFORM, ANY OF THE OBLIGATIONS HEREIN,
INCLUDING, BUT NOT LIMITED TO, DESIGN, INSTALLATION, REPAIR, MONITORING, OR SERVICE, CUSTOMER AGREES TO BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY,
SAVE, DEFEND, AND HOLD COMPANY HARMLESS FROM AND AGAINST ALL SUCH CLAIMS INCLUDING PAYMENT OF ALL COMPANY DAMAGES, EXPENSES, SETTLEMENTS, COSTS,
AND REASONABLE ATTORNEYS' FEES. THESE OBLIGATIONS OF CUSTOMER WILL APPLY REGARDLESS OF WHETHER SUCH LAWSUIT OR CLAIM IS BASED UPON ANY NEGLIGENCE
OR GROSS NEGLIGENCE OF THE COMPANY, BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRIBUTION, INDEMNIFICATION, STRICT OR PRODUCT LIABILITY, FAILURE TO
COMPLY WITH ANY APPLICABLE LAW, OR ANY OTHER FAULT OR FAILURE OF COMPANY WHATSOEVER, OR THE SYSTEM OR SERVICES. CUSTOMER HEREBY WAIVES ALL CLAIMS
FOR RECOVERY AGAINST COMPANY AND OTHERS FOR ANY LOSS OR DAMAGE OF WHATEVER KIND OR SORT INSURED UNDER VALID OR COLLECTABLE INSURANCE POLICIES.
THIS WAIVER OF SUBROGATION RIGHTSHALL EXTEND TO ALL FORMS OF SUBROGATION, INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND CONVENTIONAL SUBROGATION,
AND SHALL BE BINDING ON ANY AND ALL ASSIGNEES OR SUBROGEES OF CUSTOMER'S RIGHTS.
7. Additional Customer Duties, Responsibilities and Warranties. It is Customer's sole responsibility to (A) follow all the Company's and manufacturer's guidelines, instructions,
and recommendations; (B) comply with all laws, codes and regulations pertaining to the System and the services the Company provides under this Agreement; (C) confirm
that Customer's communications equipment, technology and services are compatible with the System and communicating with the Company's central monitoring station
(if applicable), especially if there are changes to the equipment, technology or services, e.g., call waiting, answering machines, Digital Subscriber Line ("DSL" ), Broadband over
Power Lines ("BPI!'), voice (or data) over the Internet ("VOIP") service, internet service provider (ISP), server, router and related passwords, etc.; (D) test the System at least
weekly, and whenever changes are made to communications equipment, technology or service for the Premises; and (E) immediately report any problem or failure of the
System to the Company for service. Customer promises that (1) the System and services in this Agreement are for Customer's own use and not for the benefit of any other party;
and (ii) Customer is the owner of the Premises where the System Is being installed or Customer has the authority to authorize the Company to install such System.
8. Installation. Customer shall provide Company with access to the Premises during Company's normal working hours and provide Company with adequate light and power
for installation of the System. Installation may require drilling Into various parts of the Premises, Customer consents to same, and understands and agrees that Company is
not responsible for any damage or repairing any damage (cosmetic or otherwise) caused during installation. Customer acknowledges that Company has no knowledge of
existing hidden pipes, wires or other like objects within walls, floors, ceilings, and other concealed spaces, and it is Customer's obligation to advise Company of such objects,
failing which Company is released from any damages, losses or expenses resulting from or as a consequence of such hidden objects.
CONT101514-FL 2 of 6
IMPORTANT TERMS AND CONDITIONS
9. Takeover Systems. If contracted for, Company will attempt to connect Customer's personally owned system which was not installed by Company ("Pre-existing System") to
Company's central monitoring station. Company will advise Customer of required repair or replacement costs, if any, to connect Customer's Pre-existing System to the
central monitoring station. If Customer declines to pay such costs, Company may cancel this Agreement without any liability. If Customer's Pre-existing System is connected
to the central monitoring station, Company shall have no liability for the operation, non -operation, actuation, non -actuation, or erroneous actuation of the Pre-existing
System or connection. Any repairs will be performed on a time and material basis, subject to available parts, and the Pre-existing System will not be eligible for the "New
Installation Service" in paragraph 10. If Company takes over from another company rendering services to a Pre-existing System, in whole or in part, Company has no duty or
obligation to re -engineer, verify compliance to code or industry standards, or test the Pre-existing System at any time, including during any future service call.
10. New Installation Service; Service Plan; Time and Material Service; Service Hours. New Installatinn Sprvicg. For 90 days following the installation of the System with
respect to parts and labor, Company will repair or, at Company's option, replace any part of the System which becomes defective excluding wiring, ordinary wear and tear, and
all conditions and exclusions set forth below without charge to Customer (hereinafter the "New Installation Service"). The New Installation Service does not apply to a
"Pre-existing System" or any of the Exclusions below. 5prvice Plart. If Customer purchased the "Service Plan," Company will repair or, at its option, replace any part of the
System requiring such repair or replacement due to ordinary wear and tear or malfunction of the System, but not due to any Exclusion below. The "Service Plan" and the
related billing will commence on the date the System is installed and operational and will continue for the initial 36-12 term of this Agreement, and, thereafter, shall
automatically renew for successive terms of 1 month at Company's then current "Service Plan" rate unless terminated by either Customer or Company by written notice at
least 30 days before the end of the then current term. Exclusions. The following are excluded from the New Installation Service and Service Plan: (i) damage from accidents,
vandalism, negligence, Acts of God, natural disasters, war, terrorism, civil strife, water and moisture, lightning, electrical surge, fire, alteration, abuse, or misuse; (ii) Customer's
failure to properly close or secure a door, window or other point protected by an alarm device; (III) Customer's failure to follow Company's and manufacturer's guidelines,
instructions, and recommendations; (iv) trouble in telephone line, use of non-traditional telephone line or service (including, but not limited to, DSL, Asymmetric Digital
Subscriber Line ("ADSL"), VOIP, etc.), radio frequency interference or due to interruption of power; (v) changes to the System necessitated by a change in telephone service
provider, area code or dialing changes; (vi) addition or removal of an answering machine, fax, modem, DSL, T 1, Integrated Services Digital Network ("ISDN"), call waiting or
other calling features; (vii) repairs needed to security screens, exterior mounted devices or Programmable Read Only Memory ("PROM"); (vili) alterations to the Premises;
(ix) alterations to the System made at Customer's request, required by a change to the Premises or technology made by cellular and radio frequency service providers;
(x) unauthorized repair or service; (A) replacement batteries and related labor; and (xii) for any other cause beyond Company's control. Time and Material & Fmpraencv
Service. For any services not covered by the New Installation Service or a Service Plan, Customer shall pay Company on a time and material basis at Company's then
prevailing rate for any service call. If any services are requested outside of Company's normal working hours, Customer will be required to pay a surcharge at Company's then
applicable rates. Service Hours. Company will not perform any service under the New Installation Service, Service Plan or otherwise unless requested by the Customer.
Upon such request, all service will be done as soon as reasonably possible during Company's normal working hours. Company assumes no responsibility for any delay in
performing any service, or any event (burglar, fire or otherwise) or loss (property, personal injury or otherwise) which occurs before or during any service. Company may, in
its sole discretion, use new or functionally operative parts for any replacement services from the original or other manufacturers.
11. Internet Monitoring. If applicable or contracted for, Customer acknowledges that internet monitoring is subject to interruptions due to numerous causes that are beyond
the control of the Company which may result in loss of System's communication signals from Premises through no fault of Company. Customer acknowledges that Company
cannot warrant reliability of Customer's internet service or internet service provider, and that Company makes no representations regarding the reliability of internet
communications. Customer accepts full responsibility for mitigating loss of, and restoration of, internet communications. Customer acknowledges that, in the event of
internet communication failure, the System will not be monitored by the central monitoring station until internet communications are restored by Customer and verified by
Company. Further, Customer acknowledges that Company will not be able to advise Customer of communication failure when Internet communications fall. Customer
further understands that altering, changing, switching, or disconnecting the communications equipment and/or Customer's internet network (including, without limitation,
the server, router, passwords or internet service providers) may compromise the transmission of monitored conditions to the central monitoring station, and render the
communications equipment unable to transmit monitored conditions. Customer is solely responsible for (1) testing the communications equipment to assure that monitored
conditions are being properly transmitted to the central monitoring station in the event of any such alterations, changes, switches and/or disconnections; and (ii) performing
all repairs, modifications, changes, additions and/or services to Customer's internet network and communications equipment which may be required to re-establish the proper
transmission of monitored conditions to the central monitoring station.
12. ADS Aniware•. If Customer purchased the ADS Aniware• service, then Customer understands that this service is dependent on the communication equipment or
services personally owned or controlled by the Customer (which may include computers, cellular phones, PDA devices, telephone network, BPL, VOIP, the internet, cable
system or service, or a wireless system or service) to transmit and receive data and function as intended and designed. Hence, the ADS Aniware° service is not infallible and
the transmission and receipt of data may be interrupted, circumvented, outside the control of Company, or otherwise compromised and, in that event, "ADS Aniware•" will
be unable to receive data, transmit data, or otherwise function as intended and designed.
13. ADS Aniware• Automation. If contracted -for, the ADS Aniware® Automation service enables the Customer to manage thermostats, lights, door locks, water valve
controls and other small appliances at the Premises, either remotely through ADS Aniware° or from the control panel. See ADS Aniware° above for limitations.
14. Managed Access Control. Company shall maintain the data base for the operation of the Managed Access Control System on a 24 hour per day, 7 day per week basis.
Customer will (1) notify Company in writing via e-mail or facsimile addressed to the Company designated representative of all changes in personnel and/or access levels of
authorization and restrictions, and (ii) provide Company with Access Card serial numbers or biometric data and such Information that Customer deems necessary to identify
personnel. Company shall have remote internet access to Customer's designated access control panel(s) and shall program and make data base updates to the System within
a reasonable period of time upon request. Customer is responsible for maintaining Its computer network and internet access.
1S. Video Surveillance. If Customer purchased video surveillance services ("Video Surveillance") or video services through "ADS Aniware•" then Customer agrees to: (A) use
the services for security and/or management purposes only; (B) inform all persons on the Premises that they may be monitored by video; (C) provide and maintain adequate
power and lighting for all cameras and other video -related equipment; (D) not use or permit the use of the video in any location where a person may have a reasonable
expectation of privacy; (E) not use the video for any unlawful activity; (F) use broadband connectivity exclusively to transmit video Images; and (G) obtain and maintain all
required permits and licenses. Customer further understands and agrees that the video surveillance system may allow Company to record, store and review images of certain
areas of the Premises. In that event, Customer agrees, authorizes and consents to Company recording, storing and reviewing video images.
CONT101S14-FL 3 of 6
IMPORTANT TERMS AND CONDITIONS
16. Timer Test. Any Customer who has contracted for a Commercial Fire Alarm System or a Commercial Fire and Burglar Alarm System shall receive a Daily Timer Test. Any
Customer who has contracted for a Residential Fire and Burglar Alarm System will receive a Monthly Timer Test. Any Customer who has contracted for a Commercial Burglar
Alarm System only or a Residential Burglar Alarm System only will receive no Timer Test, unless a Monthly Timer Test is contracted for and referenced on the first page of this
Agreement. The Timer Test seeks to verify, at the time of the Timer Test only (once a day for the Daily and once a month for the Monthly), the communications path between
the System and the central monitoring station. The Timer Test does not test each and every component of the System or ensure that it is functioning properly. If the System
passes the Timer Test, there will be no further action. If the System fails the Timer Test, you will receive a telephone call or an email from the central monitoring station
advising you of the failure.
17. Additional Equipment or Service. Any additional equipment or services requested or authorized by Customer and provided by Company after the execution of this
Agreement shall be subject to all terms of this Agreement (including the Limitation of Liability and the Indemnification and Subrogation Waiver), and any Additional Services
Addendum which may be signed by Customer and Company. If there is any conflict between the Term and Renewal of this Agreement and any Additional Services Addendum,
the Term and Renewal of any Additional Services Addendum shall apply.
18. Transmission of Data. Customer understands that the System may transmit data to a central monitoring station or elsewhere using one or more forms of communications
equipment or services, including, a telephone network, BPL, VOIP, the internet, cable system or some form of wireless communications (e.g., cellular or another form of radio
transmission). The System's ability to transmit data and the ability of a central monitoring station to receive and understand data will be dependent upon the proper
functioning of the communications equipment. The Company is not responsible in any way for the proper functioning of the applicable customer provided communications
equipment and makes no warranties or representations whatsoever regarding its reliability, adequacy or functionality. Accordingly, Customer understands that the System is
not infallible and the transmission and receipt of data from the System, regardless of the communications equipment or type of service used, may be interrupted, circumvented,
outside the control of Company, or otherwise compromised. Customer understands: (1) the System Including, without limitation, the communications equipment or service
used in the System, is not supervised; (ii) if the communications equipment or service is incompatible, inoperative, or interrupted by any interference, loss of a telephone line
or dial tone (either because the line is cut, off the hook, or otherwise), or any other cause, there will be no indication of such interruption at the central monitoring station;
and (Ili) for an additional cost, Customer may purchase some form of redundant communications equipment or service, such as some form of wireless communication.
19. Customer Default; Company's Remedy. Customer will be in breach of this Agreement if: IQ Customer fails to pay any fees, charges, or other amounts within 10 days of
when due; (ii) Customer terminates this Agreement prior to the end of the Term or any Renewal Term; or (Ili) Customer fails to comply with any of the other terms of this
Agreement. If Customer breaches this Agreement, in addition to any other remedies provided by law, Company may, without notice, do any or all of the following:
(1) terminate monitoring services and this Agreement; (2) accelerate and declare immediately due and payable an amount equal to 75% percent of all fees to be paid by
Customer during the remaining Term or Renewal Term; (3) collect from Customer Company's court costs and reasonable attorneys' fees if Company retains an attorney for
collection; and/or (4) offset any prepayments or credits owed to Customer against any amounts Customer owes Company. All remedies are cumulative. A default by Customer
under this Agreement shall be a cross -default under any other agreement between Customer and Company. Even if Customer moves from the Premises, Customer is
responsible for payments under this Agreement, and this Agreement shall remain in full force and effect.
20. Company's Default. If Customer believes Company has breached this Agreement, Customer shall provide written notice, if possible, to Company specifically identifying
the breach, and then allow Company an opportunity to cure any breach within 10 business days after receipt of the written notice. If the breach cannot be reasonably cured
within said period, Company will promptly commence to cure and diligently proceed until cured. If Company cures any said breach as provided herein, this Agreement shall
continue uninterrupted and Company shall not be liable to Customer for any such breach.
21. Company's Right to Cancel. Company may cancel this Agreement upon thirty (30) days written notice, If possible, to Customer for any of following reasons: (A) the
central monitoring station or facilities are destroyed or damaged so that it is impractical for Company to continue service; (B) Customer fails to follow Company's and
manufacturer's guidelines, instructions, and recommendations; (C) Customer refuses to allow Company to repair or replace any defective part of the System; (D) Company
cannot acquire or retain the transmission connections or authorizations to transmit signals between the Premises, the central monitoring station, and the police or fire
department or medical emergency agency; (E) Company determines that it is impractical to continue service due to the modification or alteration of the Premises after
installation; (F) the System, in the sole discretion of Company, is generating an excessive number of false alarms or signals which may adversely affect the central monitoring
station; or (G) if Customer is verbally or physically abusive to any employee, subcontractor or representative of Company (including any operator at the central monitoring station).
If Company cancels this Agreement pursuant to this paragraph 21, Company will refund any payments made for services to be supplied after the date of such cancellation.
22. Assignability of Agreement; Company's Right to Use Subcontractors. This Agreement is not assignable by Customer except upon the written consent of Company, which
shall be in Company's sole and absolute discretion. This Agreement (in whole or in part) is assignable by Company without consent of Customer. Company has the right to
subcontract any of its duties or obligations under this Agreement without consent of Customer.
23. Consent to Record, Disclose And Use Contents of Communications. Customer, as the authorized agent of Customer's family, guests, employees, agents and others
hereby consents to Company recording, retrieving, reviewing, copying, disclosing and using the contents of all telephone, video, wire, oral, electronic and other forms of
transmission or communication to which Customer, any person or Company are parties.
24. Subcontractors. Company may use subcontractors to provide installation, repair, monitoring or signal transmission facilities and services. This Agreement (including
without limitation, Limitation of Liability and Indemnification and Subrogation Waiver) applies to all the work and services of the subcontractors.
2S. Binding Agreement; Amendments; General Legal Matters. This Agreement is binding upon Company only (A) when signed by its authorized representative, or (B) upon
commencement of the Service or Installation. Should any term or condition of this Agreement be deemed unenforceable, the rest of this Agreement shall remain In full force
and effect. Changes or amendments to this Agreement must be In writing and signed by both Company and Customer. This Agreement is binding on the heirs, executors,
administrators, and successors of Customer, and shall be governed by and construed according to the laws of the State of Tennessee without reference to Its conflicts of law
rules, or who drafted this Agreement. All claims, actions or proceedings against Company must be commenced In court within 1 year from the date of any personal Injury,
death, property loss, or damage which gave rise to the claim. Time is of the essence. Customer Irrevocably consents and submits to the exclusive jurisdiction and venue of
any Chancery court sitting within Davidson County, Tennessee, for any lawsuit arising from, or related to, this Agreement. If the Chancery court sitting within Davidson County,
Tennessee, refuses to or is unable to hear such suit, then Customer irrevocably consents and submits to the exclusive jurisdiction and venue of any court sitting within
Davidson County, Tennessee. Customer waives any objection that it may have to jurisdiction or venue of any such suit. CUSTOMER AND COMPANY HEREBY WAIVE ANY
RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SECTIONS 5, 6, 24 AND 25 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT, OR BREACH BY COMPANY.
26. License Number. FL EF20000960
CONT102514-FL 4 of 6
INSTALLATION & MONITORING AGREEMENT Cust No. 9062140
ADS. 3001 Armory Drive, Suite 100, Nashville, TN 37204 1 1-866-837-8110 1 adssecurity.com cs No.
Job No.
Equipment• beinstalled)
Quantity Description Quantity Description
1 SSAPWCE. Annual Standard Software
Support Agreement Pro -Watch Corporatij
Edition - Includes Support for (1) Server
Licence, (1) Concurrent User Licence,
(1) Concurrent Badging Licence, And (96)
Reader Licence. $1,755.83
1 SSAPWCEU. Annual Standard Software
Support Agreement - Concurrent User
Licence Add -On. $872.10
Re -instatement Fee after 90 Day Grace Period ( 10/26/2018) is $1,970.94
This agreement is for Honeywell software support only. Labor is calculated At $95.00 per Business Hr.
CONT101514-FL 5 of 6
DS. DISPATCH EMERGENCY DATA SHEET
3001 Armory Drive, Suite 100, Nashville, TN 37204 1 1-866-837-8110 1 adssecurity.com
c
Name City Of Sebastian
Secured Premises Address
street 1201 Main Street
city Sebastian
Nearest Cross Street
Subdivision
State FI I Zip 32958
Landline Phone (772 ) 589 5233
Email MIS@cityofsebastian.org
Police (772 ) 569 0100
oust No. 9062140
CS No.
Job No.
Account Type 8 Residential ® Commercial ❑ CRZH ® UL
Branch 0400
consultant Bob Erdman
Permit #
Panel Type Pro -Watch
Time Zone 8 ET 8 CT 8 MT ® PT
❑ None Timer Test ® Daily 8 Weekly 8 Monthly
AC Failure 8 Normal ❑ Critical
S I E I B I A I S I T I I I A I N
Fire (772 ) 569 0100 1 Medical ( )
Emergency
Contact Names (in order of preference)
Phone Number
YOUR NAME Barbara Brooke -Reese
(772 ) 473 2799 0 Home
0 Cell
Cl Work
1 Gary Vicars
(772 ) 473 3527 0 Home
p Cell
p Work
2 Lavar Lawrence
(772 ) 217 0005 ❑ Home
0 Cell
❑ Work
3
( ) ❑ Home
[3 Cell
[3 Work
4
( ) ❑ Home
0 Cell
0 Work
• - edule
Employee Open Time Employee Close Time Days of Week (check all days -that times apply)
0800 p AM ® PM 430 [3 AM 0 PM [Z] MON 0 TUE 0 WED Q THU 0 FRI 0 SAT ® SUN
13 AM E) PM ® AM L) PM ® MON [3 TUE Q WED ® THU L3 FRI E3 SAT [( SUN
Ej AM El PM 13 AM E) PM 13 MON E3 TUE [3 WED ® THU E3 FRI E3 SAT ® SUN
Report Frequency ❑ Weekly ❑ Monthly I Report Email mis@cityofsebastian.org
PD is open 24x7. City hall is the one that 0800-1630.
Date 7/30/2018
CONT101514-FL 6 of 6