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Contract - Lakewood Alarm Services - District Yard - 2019-06-25Lakewood Alarm 1530 Consumer Circle, Suite 102, Corona, CA 92880 (714) 827-7045 + (951) 278-5640 • (562) 630-4623 9 Fax (951) 549-8211 California Alarm License # ACO2935 Purchase Agreement This Agreement made this 25'" day of JUNE 2019 by, Lakewood Alarm, hereinafter called "LA" and COSTA MESA SANITARY DISTRICT 02 hereinafter called the "Subscriber". The parties agree as follows: LA agrees to furnish a system at: 171 W. WILSON, COSTA MESA, CA 92627. The parties will be subject to the terms and conditions on THIS AND THE BACK SIDES. I_,A will install such system according to "Schedule of Services:" listed below, in good working order, with the understanding that the entire system, including all devices, instruments, appliances, and all connectors, wires, conduits and other materials associated therewith, upon satisfactory coinpl iaiuce with this Agreement, shall become the sole property of the Subscriber. Schedule of Services: INSTALLATION OF COMMERICAL SECURITY & ViDEO SURVEILLANCE SYSTEMS AS PER PURCHASE AGREEMENT AND ATTACHED RIDERS) The Subscriber hereby agrees to pay LA, its agents, or representatives the sum of $7,520.00 payable as follows; 50% deposit due upon acceptance of this agreement, balance due upon completion. Furthermore, the sum, as a 24 -Hour Monitoring charges, of $25.00 ($20.00 monitoring, $5.00 Bell fee) per month payable Quarterly in advance, for the period of Thirty -Six (36) months from the date such system is fuumished under this Agreement. Thereafter this Agreement shall be automatically renewable for periods of one year each. The first of such renewal periods to commence upon the date of expiration of this Agreement, unless either party shall notify the other, in writing, not less that thirty (30) days prior to the expiration of the original Agreement or the expiration of any renewal period, of the desire to terminate this Agreement. The Subscriber hereby agrees that LA shall have the right to increase or decrease the monthly charge provided for herein at any time or times after the expiration of one year from the date such system is operative under this Agreement. It is understood that LA is not an insurer, that insurance, if any, shall be obtained by the Subscriber and that amounts payable to LA hereunder are based upon the value of services and the scope of liability as herein set forth and are unrelated to the value of the Subscriber's property.or property of other's in the Subscriber's premises. LA thus makes no guaranty or warranty, including any implied warranty of mechanical function or fitness, that the system or services supplied, witi avert or prevent occurrences or the consequences from such, which the system or services is designed to detect. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of LA to perform any of its obligations hereunder. The Subscriber releases LA from any Liability and agrees that LA shall be exempt from liability for loss, damage, or injury due directly or indirectly of occurrences, or consequences from such, which the services or system is designed to detect or avert. If LA should be found liable for loss, damage or injury due to failure of services or equipment for any reason, its liability shall be limited to a sum equal to ten percent of the annual service charge or $500.00, whichever is greater, as agreed upon damages and not as a penalty, as the exclusive remedy; and that the provisions of this paragraph shall apply if loss, damage or injury irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this Agreement or from negligence active or otherwise, of LA, its agents or employees. No snit or action shall be brought against LA more than one (1) year after the accrual of the cause of action therefore. If the Subscriber desires LA to assume greater liability, LA will amend this Agreement to allow the Subscriber to pay an additional annual amount necessary to purchase an insurance policy for such greater liability. No such amendment shall be effective unless signed by the Subscriber, LA, and insurance carrier, which will be insuring the additional liability. in the event any person; not a party to this Agreement, shall make any claim or rile any lawsuit against LA for failure of equipment or service in any respect, Subscriber agrees to indemnify, defend and hold LA harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorney's fees. Subscriber's initiaCe-- Acknowledgment: By signing below, the parties agree that the Subscriber has received a copy of this Agreement, has read both sides, and that Subscriber has legal authority to purchase and authorize installation on premises specified in this Agreement. a Subscriber's Signature Date fq Subscriber's ."Y'O(� Date `7/t1�9 LA Re Date ORIGINAL_ CUSTOMER FILE Terms and Conditions (Continued from Front) Subscriber hereby authorizes and empowers LA, its agents or representatives to monitor and service the aforesaid system and to. make inspections, tests and repairs to it as required, unless otherwise specified in the Schedule of Services, at Subscriber's expense, and further to make any changes in or alterations to the system at the request of the Subscriber, or made necessary by any changes in or damages to said premises; property or equipment, at the cost to the Subscriber. Fees, Fines and Taxes Subscriber agrees to pay, in addition to the service charges, any false alarm assessments, taxes, fees or charges that are imposed by any governmental body, relating to the installation or service provided under this Agreement and to pay any increase in charges to LA for facilities required for transmission ofsignals under this Agreement_ Subscriber's initials Default and Costs of Collections If Subscriber fails to make any payment as agreed herein or defaults in any respect, the entire amount due under this Agreement for the balance of the Agreement period shall become immediately due and payable. In the event of such default, the Subscriber hereby consents to LA entering the aforesaid premises or any other premises where the property of LA may be located for the purpose of removing the equipment and/or disconnect monitoring services. Removal of equipment or disconnection of monitoring services by LA shall not be considered to constitute a waiver of any of its rights under the terms of this Agreement, nor shall LA be liable for any damages caused to the premises by installation or removal of said equipment. If LA shall consult any attorney with reference to its rights concerning this Agreement, or the performance or observance by the Subscriber of any of his covenants, or if LA shallfile any action or bring any proceedings against the Subscriber upon, under, or rising out of this Agreement, then and in any of said events, and in addition to all other sums, Subscriber shall pay unto LA reasonable attorney's fees. Telephone Connections Subscriber is responsible for providing communication circuits. LA is not responsible for any cost'associated with those circuits All associated charges will be the responsibility of the Subscriber. Circuits supplied for communication of signals are subject to failure and such failure is not the responsibility of Ltd. Subscriber's Initials Testing Period It is understood and agreed that a period of days following the completion of installation, or connection of monitoring, of the system shall be a testing period for the equipment and for the Subscriber and its employees, friends, family members, or other system users to familiarize themselves with correct operation of the system. During this time LA will not be required to report to the Police or Fire Departments, or other Authorities. Upon request, LA will notify the Subscriber of any alarms during this period. Subscriber's Initials Monitoring and Response LA, upon receipt of an alarm signal from the Subscriber's premises, shall make every reasonable effort io communicate the signals to the headquarters of the Police or Fire Departments having jurisdiction, or as otherwise instructed in by the subscriber in writing, unless. there is just cause to assume that an emergency condition does not exist, and LA shall make a reasonable effort to notify the Subscriber or the designated representative by telephone unless instructed to do otherwise by the Subscriber. Subscribers Care in use and Service Response. The Subscriber agrees to exercise all reasonable care in the handling of the system and to notify LA promptly of any conditions requiring LA's attention, and is responsible to test the system operation and verify communication to the Central Station. It is mutually understood and agreed by a representative of LA, whether for repairs, maintenance, nonfunctioning, malfunctioning, or any cause whatsoever, LA shall have a period of seventy two hours from and after the time of receiving written notice from the Subscriber of the need to give attention to said system, within which to dispatch a representative of LA to the premises. In the event LA's representative. is sent to the Subscriber's premises in response to a service call or alarm signal caused by the Subscriber improperly following operation instructions or, failing to close or properly secure any protection point, there shall be a service charge to the Subscriber. Responsible Parties List (Emergency Call List) The Subscriber agrees to furnish LA a list of the names and telephone numbers of all persons who shall have the right to be notified of any alarm signals received from Subscriber's premises, and that any individuals name or telephone number that is to be added; changed, or deleted from that list must be promptly submitted to LA in writing before any change is effective. Third Party Indemnification Since LA has no ability to enter in to a contract with all parties that could potentially use the system, the Subscriber agrees to .indemnify and hold harmless LA, its successors, assigns and representatives, from any loss, cost or expense on account of any claim for damages by any person not party to this. Agreement arising out of the apprehension on or about the premises of any burglary, arson, or robbery suspect, on or account of any claim for destruction, damage or injury to any person property arising out of or in connection with the operation or non operation of the system whether these claims be based upon active or passive negligence or strict or product liability, on the part of LA, its representatives, agents, servants, employees or assigns. Entire Agreement This Agreement constitutes the entire Agreement between the Subscriber and LA. In executing this Agreement, Subscriber is not retying on any advice or advertisement of I.A. Subscriber agrees that any representation, promise, condition, inducement or warranty, expressed or implied, not included in writing in this Agreement shall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified in writing. The terms and conditions of this Agreement shall govern notwithstanding any inconsistent or additional terms and conditions of any order or other documents submitted by the Subscriber. If any of the terms or provisions of this Agreement shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. . Lakewood Alarm 1530 Consumer Circle, Suite 102, Corona, CA 92880 (714) 827-7045 9 (951) 278-5640 * (562) 630-4623.9 Fax (951) 549-8211 California Alarm License# ACO2935 Rider Agreement R-1 This Agreement made this 251" day of JUNE 2019 by, Lakewood Alarm, hereinafter called "LA" and COSTA MESA SANITARY DISTRICT #2 hereinafter called the "Subscriber". The parties agree as follows: LA agrees to furnish a system at: 174 W. WILSON, COSTA MESA, CA 92627. The parties will be subject to the terms and conditions on THIS AND THE BACK SIDES. LA will install such system according to "Schedule of Services:" listed below, in good working order, with the understanding that the entire system, including all devices, instruments, appliances, and all connectors, wires, conduits and other materials associated therewith, upon satisfactorycompliance with this Agreement, shall become the sole property of the Subscriber. Schedule of Services: COMMERCIAL SECURITY ALARM SYSTEM Security System: 1. (1) LAXT50 MASTER CONTROL COMMUNICATOR 2. (1) CELLULAR. COMMUNICATOR 3. (4) WIRELESS FOBS FOR ARM/DISARM 4. (2) OUTDOOR YARD MOTION DETECTORS 5. (1) OUTDOOR VOICE DRIVER 6. (2) VOICE WARNING SPEAKERS WITH STROBES 7. FULL SYSTEM TEST 8. CENTRAL STATION MONITORING COMMERCIAL. VIDEO SURVEILLANCE SYSTEM Video System: 1. (1) 16 CHANNEL 11-1BRID 4K NVR WITH 5MP ANALOG HD CAPABILITY, EXPANDABLE TO 4 HARD DRIVES, CAPABLE OF IP AND ANALOG BACKWARD COMPATABILITY WITH EXISTING ANALOG CABLES AND WIRING, 8TB HARD DRIVE 2. (2) NEW 6MP IP HD VIDEO CAMERAS WITH WDR AND 120IrT VIEWING IN TOTAL DARKNESS VIA INFRARED ILLUMINATION 3. (3) NEW SMP ANALOG HD CAMERAS TO REPLACE EXISTING. (IF WIRING IS CATS CABLE, THEN WILL BE 6MP IP CAMERAS) 4. (2) POE SWITCHES WITH PORTS CONNECT TO FIBER AND POWER SUPPLIES 5. (1) PAIR OF WIFI ACCESS POINT LINKS BETWEEN SERVICE AND MAIN BUILDING 6. REMOTE LICENSING FOR VIEWING AND MANAGEMENT ON IPAD, IPHONE, ANDROID, PC AND MAC BROWSERS 7. CONNECT ALL ANALOG CAMERS NOT REPLACED WITH NEW, AIM AND FOCUS 8. INCLUDES REMOVAL, REPLACEMENT, DISPOSAL, AND ADJUSTMENTS The parties here to mutually agree that the aforesaid agreement of which this rider is made a part, is and shall remain in full force and effect in accordance with all of the terms and conditions thereof, modified only as in this rider specifically provided. This rider shall not be binding unless approved in writing by and authorized by an authorized representative of LA. Subscriber's Initials.•"' Subscriber's Signaturev'°��/� ,.... Date 'i l scriber's Print a 01 Date " 7 j 1 Representativeq. .. . ....... " ML27X biiDate�.3 Sub LA . Office Copy Subscriber Copy