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HomeMy Public PortalAboutORD10113 BILL NO. SPONSORED BY COUNCILMAN ® ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SONITROL SECURITY SYSTEMS FOR THE INSTALLATION AND MONITORING OF A SOUND DETECTION SECURITY SYSTEM LOCATED AT THE TRANSIT/CENTRAL MAINTENANCE FACILITY AND BUS WASH BUILDING AND THE TRANSIT BUS STORAGE BUILDING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Sonitrol Security Systems for the installation and monitoring of a sound detection security system located at the Transit/Central Maintenance Facility and Bus Wash Building and the Transit Bus Storage Building for the sum of $4,851.28 for the purchase and installation and the sum of $36.00 monthly for the monitoring fee. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibits A and B. Section 3• This Ordinance shall be in full force and effect from ® and after the date of its passage and approval. 1� Passed Approved Presiding Offic 1 Mayor ATTEST: 01ya City Clerk Control Center, Inc. , d/b/a MOROI11 AGREEMENT NO. 1_1 3 3 G 4 8 ( hereinafter referre security systems o as "Sonitrol" ) DATE: AlUtust 2. 1981 ® CITY OF JEFFERSON, MISSOURI Hldr.) CLIENT NAM E(J.C. Transit & Central. Iaintenance Facility__& 13un 41an}t PHONE 634-6466 INSTALL AT 820 Last Miller Street Jefferson City MO 65101 Address City State Zip BILL TO ABOVE ❑ BILL TO OTHER Department of Transportation Name City IIall, 320 East McCarty Street Jefferson City 1,10 65101 Address City State Zip DESCRIPTION OF SYSTEM/S and/or SPECIAL INSTRUCTIONS Sound detection security system remoted over leased telephone lines to Sonitrol's central station located in Jefferson City, MO Equipment installed as per P.O.#8587 - Bid #381: 1 - #990-0473 Control panel 1 - #990-0082 Monitoring unit 7 - Ademco #39 Man Door switches 8 - #990-0060 Microphones 2 - Ademco #7939 Man Door switches 9 - Ademco #57 Overhead door switches 1 - #D90-0439 DAC-4 zoning unit Customer owned equipment. Cost of installation includes 100% parts and labor - maintenance and I&i-annual service agreement at no additional charge for a period of two years. mv The undersigned agrees to pay$ 3209L35 when installed and$ xxx ,$ xxx ,$ xxx $ 19.00 (Ann.) (S.Ann.) (Qtr.) (Mo.) to be billed in advance for a term of three mane t,s $ Term must be completed Amt. Due Monthly fee includes weekly code in/out listing. TELEPHONE CO.CHARGES INCLUDED: YES NO X -$ Estimated U.T.S. charges to be billed on customer's Deposit monthly telephone bill: =$ Installation $58.50 Bal.Due Monthly fee $ 7.00 THIS AGREEMENT IS NOT BINDING UNLESS APPROVED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF THE COM- PANY DESCRIBED AS SONITROL. IN THE EVENT OF FAILURE OF APPROVAL,AS AFORESAID,THE ONLY LIABILITY OF SONI- TROL SHALL BE TO RETURN TO THE CLIENT THE AMOUNT, IF ANY,PAID TO SONITROL UPON THE SIGNING OF THIS AGREE- MENT. CLIENT ACKNOWLEDGES THAT SONITROL'S LIABILITY IS LIMITED AS SET FORTH IN PARAGRAPH 12, AND ACCEPTS THE LIMITS SET FORTH THEREIN. IF THIS TRANSACTION IS WITH A RESIDENTIAL CLIENT, YOU MAY CANCEL IT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FROM THE DATE OF THIS AGREEMENT.ATTACHED TO THIS AGREEMENT IS A NOTICE OF CANCELLA- TION FORM WHICH EXPLAINS THIS RIGHT. SONITROL ALER) ADDRESS 227 East Capitol Avenue SIGNATURE (CLIENT) CITY STATE AO 65101 PHONENUMBER 4-6 1A-6168 _ SIGNATURE X DATE_1Q - -%'3 (Sales Rep.1 AT T APPROVED Xj (SONITROL) City Clerk SERVICE AGREEMENT •ONITROL agrees to install and service or cause to be installed and serviced during the term of this Agreement,in the premises of the CLIENT,alarm equip• ment and devices,and to provide a centrally monitored signalling system necessary to transmit signals from the premises of the CLIENT to SONITROL'S central monitoring station, or both, in accordance with the above Description of Systems, and will, subject to the terms and conditions hereof, until termination of this Agreement, maintain such equipment in good working order, with the understanding that the entire system Is the personal property of SONITROL unless this Agreement states otherwise. Z. After the initial term, this Agreement shell automatically renew for additional terms of one 11) year each unless either party shall give written notice of can• cellation at least thirty (30)days prior to the expiration of the original term or any renewal thereof, SONITROL shell have the right, at tiny tittle, to Incro!tse file monthly charge provided herein, to reflect any additional taxes, fens or charges relating to the service provided under the terms of tills Agroomenl, which may hereafter be imposed on SONITROL by tiny utility or government agency and CLIENT agree$to pay same, So that SONITROL tray properly adjust its rates to meet changing costs, SONITROL may, nt any timu after the expiration of one (1) year from the date of this Agreement increase the monthly service charge upon giving the CLIENT notice in writing. If CLIENT is unwilling to pay the increased monthly charge, CLIENT may terminate this Agreement upon giving notice in writing to SONITROL within thirty 130) days from the effective dote of the Increase. CLIENT'S failure to notify SONITROL within said thirty (30)days shell constitute CLIENT'S acceptance of the increase, 3. SONITROL shall have the right to terminate this Agreement tan (10)days after written notice of nonpayment if CLIENT has failed to make timely payments during the term of this Agreement or If CLIENT willfully or negligently causes repeated false alarms.Any cost incurred by SONITROL as a result of a false alarm 0 inating from CLIENT'S premises not caused by an equipment malfunction shall be promptly reimbursed to SONITROL. CLIENT shall be liable for any expenses Incurred for collection of any monies owed to SONITROL. In the event any payment duo hereunder is not paid within twenty 120) days a delinquent charge calculated at the rate of one end one-half (1%,76) par month shalt be charged,or at such rota as may be permitted by low. 5. SONITROL agrees to monitor the system from the time CLIENT causes the system to be activated until CLIENT cattle$the system to be deactivated.Upon receipt of an audio signal Indicating an unauthorized entry into CLIENT'S promises, the SONITROL operator will make ovary reasonablo effort to identify the sound and when warranted will transmit notice of said signal to the local police authority. If instructed to do so by CLIENT,SONITROL will also notify an agent designated In writing by CLIENT. CLIENT agrees to give SONITROL o list of the names of all persons who shell have the right to enter the premises between oily regularly scheduled times for opening and closing the promises and who may be called upon for a key to enter CLIENT'S prernisas during such periods. Upon receipt of any other signal Indicating an emergency on CLIENT'S premises,SONITROL will mnke av(jrt'reasonable effort to transmit the alarm prompt- ly to the headquarters of the police or other authority having jurisdiction, and will make every reasonable effort to notify the CLIENT or his designated repre- sentative by telephone if instructed in writing by CLIENT to do so. Upon receipt of advice that an audible device is sounding on the premises of CLIENT,SONITROL will make every reasonable effort to notify CLIENT or his designated representative, It CLIENT cannot be reached or does not appear at the premises within thirty (30) minutes from the time SONITROL is advised the audible device is sounding,or if SONITROL is called upon to turn off the audible device,CLIENT authorizes SONITROL to turn off the audible device and agrees to hold SONITROL harmless and indemnify SONITROL for any loss,damage or liability that may result,CLIENT acknowledges that if any audible device has an automatic shutoff and the'alarm sounds for any reason,CLIENT will have no way of knowing the system was activated unless an intrusion or attempted intrusion is apparent.CLIENT agrees to perform reasonable system checks as requested by SONITROL in order to ascertain that the system is properly functioning. Upon receipt of a supervisory service signal,SONITROL will make every reasonable effort to notify the representative designated in writing by CLIENT. The CLIENT hereby authorizes and empowers SONITROL, its agents or assigns,to install the aforesaid system In said premises and to inspect,test and repair TW system,and further,to make any changes in or alterations to the system made at the request of the CLIENT or made necessary by any changes in the CLIENT'S premises,property or equipment,after the original installation has been completed,and the additional cost shall be paid by the CLIENT.All repairs made necessary by ordinary wear and tear shall be at the expense of SONITROL;all other repairs,including damage caused by fire or burglary,shall be at the expense of CLIENT. CLIENT acknowledges that SONITROL hss no way of knowing of the existence of hidden pipes,wires or other obstructions within walls or other concealed spaces, and it is CLIENT'S obligation to make SONITROL aware of such conditions,failing which SONITROL shall have no responsibility whatsoever for any damage that . may be caused.Any removal and replacement of carpets required for installation of pressure mats shall be at the expense of CLIENT.The CLIENT agrees to furnish any necessary electric current through the CLIENT'S meter and at the CLIENT'S own expense. it is mutually agreed that the work of installation and SONiTROL'S. Inspections and tests of the system shall be performed between the hours of 8:00 o'clock,A.M.and 5:00 o'clock,P.M.,exclusive of Saturdays,Sundays and holidays.In the event any motion detection devices have been installed CLIENT agrees to test all such devices in accordance with instructions provided by SONITFCL,not less .than once each week,and promptly report any deficiency to SONITROL. 7. It is understood and agreed that SONITROL may remove or upon written notice to the CLIENT,abandon in whole or in part,all devices,instruments,appli- ances, cabinets, and other materials associated with the system 'owned by SONITROL" upon termination of this Agreement,without obligation to repair or redecorate any portion of the CLIENT'S premises upon such removal, and that the removal or abandonment of such materials shall not be held to constitute a waiver of the right of SONITROL to collect any charges which may have been accrued or may be accrued hereunder. B. This Agreement may be cancelled,without previous notice,at the option of SONITROL,in case SONITROL'S central station,connecting wires or equipment within the CLIENT'S premises are destroyed by fire or other catastrophe,or so substantially damaged that it is impractical to continue service,and may likewise be cancelled at the option of the CLIENT,in the event that the CLIENT'S premises is so destroyed or damaged.Any advance payments made for service to be supplied subsequent to the date of such termination shall be refunded to the CLIENT. 9. This Agreement maybe terminated at the option of SONITROL at any time in the event that SONITROL is unable either to secure or retain the connections or privileges necessary for.the transmission of signals between the CLIENT'S premises and SONITROL'S central station or between SONITROL'S central station and the police-or other authority,and SONITROL shall not be liable for any damages or subject to any penalty as a result of such termination.Any advance pay- ments made for'service to be supplied subsequent to the date of such termination shall be refunded to the CLIENT. 10. It is understood and agreed that SONITROL'S obligation relates'solely to the maintenance of the specified protective signalling system,and that SONITROL is in no way obligated to maintain,repair,service,replace,operate or assure the operation of the property,system or any device or devices of the CLIENT or of others to which SONITROL'S said systems are.attached.CLIENT acknowledges that if sprinkler supervisory or waterflow alarm service or both is provided that CLIENT is solely responsible for proper maintenance of the'sp6nklee system including provision of heat where necessary and that SONITROL has no responsibility for the proper operation or non-operation of its equipment unless the sprinkler system is at all times in sound working order. 11.. SONITROL assumes no liability for delays in installation of the equipment,or for interruptions of service due to strikes,riots,floods,fires,acts of God or any cause beyond the control of SONITROL,including interruption of alarm transmission,and will not be required to supply service to the CLIENT while interruption of service due to any such cause shall continue. CLIENT understands that alarm signals may be transmitted by telephone,cable, radio or microwave,that all of •these are outside the control of SONITROjL, and SONITROL shall have no responsibility for any failure in transmission of alarm signals by any of these means. 12. A. It Is understood and agreed by the parties hereto that SONITROL is not an insurer and that insurance,if any,covering personal injury and property loss amsgo on CLIENT'S promises shall be obtained by CLIENT;that.the payments provided for herein are based solely on the value of the service as set forth in and are unrelated•tp the value'of CLIENT'S property or tKe.property of others located on CLIENT'S premises;that SONITROL makes no guarantee repre- sentation or warranty including any implied warranty of merchantability or fitness for particular purpose-that the,system or service supplied will avert or prevent occurrences'or the consequences therefrom which the system or service is Intended to detect or avert,except for the provisions of the"SONITROL Security System Limited Warranty" as it may apply to any loss occurring while this Agreement is in force and if such warranty is in effect in conjunction with this Agreement. B. CLIENT acknowledges that it is impractical and extremely difficult to fix the actual damages, if any,which may proximately result from a failure to perform any of the obligations herein or a failure or malfunction in the system to operate because off among other things;the uncertain'amount or value of CLIENT'S property or the property of.others which may be lost or damaged;the uncertainty of the response time of the police or other authority:the inability to ascertain whet.portion, if any, of any loss would be proximately caused by SONITROL'S failure to perform any of its obligations or failure of its'equipment to operate;the nature of-the services to be performed by SONITROL. - . C. CLIENT understands and agrees that if SONITROL should be found liable for any loss or damage due from a failure to perform any of its obligations or a failure of the equipment to operate, SONITROL'S fle4flity shall be limited to a sum equal to the total of six.monthly payments or two hundred fifty dollars,' whichever is the lesser,and this liability shell be exclusive and shall apply if loss or damage,irrespective of origin,results directly or indirectly to persons or property from performance or non-performance of any of SONITROL'S obligations herein or from negligence,active or otherwise of SONITROL.,its employees or agents. D. in the event that the CLIENT wishes SONITROL to assume greater liability,CLIENT may,as a matter of right,obtain from SONITROL a higher limit by paying an additional amount to SONITROL, and a rider shall be attached hereto setting forth such higher limit and additional amount,but this additional oblige-. tion shell in no way be interpreted to hold SONITROL as an insurer. E. When CLIENT in the ordinary course of business has the property of others in its custody,or the alarm system extends to protect the property of others, CLIENT agrees to and shall Indemnify,defend and hold harmless SONITROL,its employees and agents for and against all claims brought by owners of said property arising out of the SONITROL service under this Agreement. This provision shelf apply to all claims regardless of cause including SONiTROL'S performance or failure to perform and including defects in products,design,installation,service,operation or non-operation of the system whether based upon negligence,active or passive,express or implied contract,or warranty,or strict or product liability on the part of SONITROL,its employees or agents,but this provision shall not apply to claims for loss or damage solely and directly caused by an employee of SONITROL while on CLIENT'S premises. F. CLIENT acknowledges that the system installed is as requested and is suitable to his purpose, and unless defects or omissions are called to Contractor's attention, in writing,within five days after completion of installation accepts the system as is.Subscriber acknowledges that additional protection may be obtained at additional cost. Contractor makes no guarantee,4okesentation or warranty including that of merchantability or fitness for particular purpose. There are no warranties which extend beyond the description on the face hereof. 13, CLIENT acknowledges that the provisions of this Agreement,and particularly those paragraphs relating to disclaimer of warranties,limitation of liability and third-party indemnifrcution, Inure to the benefit of and are applicable to any subcontractors engaged by SONITROL to provide monitoring,maintenance,Installa- tion or service of the alarm system provided herein,and bind CLIENT to said subcontractors,or to the Department or other authority to which the alarm may be transmitted,with the same force and effect as they bind CLIENT to SONITROL. It there is any conflict between this Agreement and CLIENT'S purchase order,or any other document,this Agreement will govern,whether such purchase order or r document is prior or subsequent to this Agreement. This Agreement is not assignable by CLIENT except upon the written consent of SONITROL first being fined, 18. It Is mutually understood and agreed that any representation, promise, condition, Inducement or warranty,express or Implied,not included in writing in this Agreement shall not be binding upon any party and that the Agreement may not be altered, modified or otherwise changed at any time except with the written consent of each of the parties hereto, and in the form of an addendum to this Agreement. It any of the terms or conditions of this Agreement shall be declared Invalid or Inoperative,all of the remaining terms and conditions shall remain in full force and effect. REVISION 1 83 SONITROL OF JEFFERSON CITY SOMITROI: 227 E.Capitol Jefferson City.Missouri 68101 sound detection security systems (314)635.6168 Customer acknowledges that Sonitrol, its DISTRIBUTORS and DEALERS do not sell or install fire detection or prevention devices; that audible smoke detection devices are no part of the Sonitrol system, and that such smoke detection devices are installed at -t;he Customer's risk. Sonitrol assumes no responsibility for any damages or losses suffered by the Customer arising directly, or indirectly, out of the use of a smoke detector in conjunction with Sonitrol equipment. Customer acknowledges that there are no obligations or liabilities on the part of Sonitrol, its DISTRIBUTORS and DEALERS for consequential damages ® arising out of or in connection with the use or performance of wireless radio transmitters and receivers and further recommends that the customer test any wireless equipment at least once a week. SIGNATURE SIGNATUH E X_ • l/b/� , (Sonitrol) (Client) DATE 1L7 ._ TITLE NA„A V o �Z DATE f'rl` "� 4--2 • ADDENDUM TO AGREEMENT #D-33648 The City of Jefferson, Missouri and Sonitrol Security Systems agree that the following changes and amendments shall be made to Agreement #D-33648: 1 ) The following sentence shall be deleted from Paragraph 2 on page 2: "Sonitrol shall have the right, at any time, to increase the monthly charge provided herein, to reflect any additional taxes , fees or charges relating to the service provided under the terms of this Agreement, which may hereafter be imposed on Sonitrol by any utility or government agency and client agrees to pay same. " 2 ) Paragraph 3 on page 2 is deleted and a new paragraph is inserted which shall read as follows: "In the event the City adopts an ordinance imposing costs upon alarm companies for responding to false alarms, Client shall reimburse Sonitrol for any of those costs imposed upon Sonitrol as a result of a false alarm originating from Client 's premises caused by the negligence of Client or Client's employees . " 3 ) Paragraph 12 (E) is deleted. 4 ) The following sentence is added to Paragraph 13: "Sonitrol shall not subcontract or otherwise assign its rights or duties under this agreement without the prior written approval of the Client. " This Addendum is agreed to this c>? q _ day of ,A/,n y„ 1983 Sonitrol Security Systems Mayor Secretary City Clerk Control Center, Inc. , d/b/a 8,00"Omllw® AGREEMENT N0. ) �o t , ( hereinafter referred security systems to as "Sonitrol" ) DATE; Auirust 2, 1083 CITY OF JEFFERSON, MO CLiENTNAME(,J.C. Transit Bus Storage Building ) PHONE 6 4-61166 INSTALL AT 820 Last Miller St. Jefferson City h10 65101 Address City State Zip BILL TO ABOVE O BILL TO OTHER Department of Transportation Name City Hall, 320 East McCarty St. Jefferson City iO 65101 Address City State Zip DESCRIPTION OF SYSTEM/S and/or SPECIAL INSTRUCTIONS Sound detection security system remoted over leased telephone lines to Sonitrol's central station located in Jefferson Citv, MO Equipment installed as per P 0 #18587 - Bid ,#381• 1 - #990-0473 Control panel 1 - #990-0082 Monitoring unit 10 - Ademco #57 Overhead door switches 2 - #990-0060 Microphones 2 - Ademco #39 Man door switches Customer owned equipment. Cost of installation includes 100% parts and labor - maintenance and Allini-annual service agreement at no additional charge for a period of two years, The undersigned agrees to pay$ 1641.93 when installed and$ xxx (Ann.) (S.Ann.) (Qtr.) (MO.) to be billed in advance fora term of three months $ Term must be completed Amt. Due Monthly fee includes weekly code in/out listing. TELEPHONE CO.CHARGES INCLUDED: YES NO X -$ Estimated U.T.S. charges to be billed on customer's Deposit monthly telephone bill: Installation $58.50 -$_ Bal. Due Monthly fee $ 7.00 THIS AGREEMENT IS NOT BINDING UNLESS APPROVED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF THE COM- PANY DESCRIBED AS SONITROL. IN THE EVENT OF FAILURE OF APPROVAL,AS AFORESAID,THE ONLY LIABILITY OF SONI- TROL SHALL BE TO RETURN TO THE CLIENT THE AMOUNT, IF ANY,PAID TO SONITROL UPON THE SIGNING OF THIS AGREE- MENT. CLIENT ACKNOWLEDGES THAT SONITROL'S LIABILITY IS LIMITED AS SET FORTH IN PARAGRAPH 12, AND ACCEPTS THE LIMITS SET FORTH THEREIN. IF THIS TRANSACTION IS WITH A RESIDENTIAL CLIENT, YOU MAY CANCEL IT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FROM THE DATE OF THIS AGREEMENT.ATTACHED TO THIS AGREEMENT IS A NOTICE OF CANCELLA- TION FORM WHICH EXPLAINS THIS RIGHT. �S NITROL ALER) — , ADDRESS SIGNATURE X (CLIENT) CITY Jefferson City STATE MO 651oi �Yn!� PHONE NUMBER 14-6 TITLE-6168 _ SIGNATURE X DATE 1) -J 4 3 (Sales Rep.) AT APPROVED X (/) (SONITROL) SERVICE AGREEMENT P on NITROL agrees to install and service or cause to be installed and serviced during the term of this Agreement,in the premises of the CLIENT,alarm equip• d devices, and to provide a centrally monitored signalling system necessary to transmit signals from the premises of the CLIENT to SONITROL'S central monitoring station, or both, in accordance with the above Description of Systems,and will, subject to the terms and conditions hereof,until termination of this Agreement, maintain such equipment in good working order, with the understanding that the entire system is the personal property of SONITROL unless this Agreement states otherwise. 2. After the initial term, this Agreement shell automatically renew for additional terms of one (1) year each unless either party shall give written notice of can- cellation at least thirty(30)days prior to the expiration of the original term or any renewal thereof. WA 1Cl �3 ADDENDUM TO AGREEMENT #D-33649 The City of Jefferson, Missouri and Sonitrol Security Systems agree that the following changes and amendments shall be made to Agreement #D-33649: 1 ) The following sentence shall be deleted from Paragraph 2 on page 2 : "Sonitrol shall have the right, at any time, to increase the monthly charge provided herein, to reflect any additional taxes, fees or charges relating to the service provided under the terms of this Agreement, which may hereafter be imposed on Sonitrol by any utility or government agency and client agrees to pay same. " 2 ) Paragraph 3 on page 2 is deleted and a new paragraph is inserted which shall read as follows : "In the event the City adopts an ordinance imposing costs upon alarm companies for responding to false alarms , Client shall reimburse Sonitrol for any of those costs imposed upon Sonitrol as a result of a false alarm originating from Client's premises caused by the negligence of Client or Client's employees . " 3 ) Paragraph 12 (E) is deleted. 4 ) The following sentence is added to Paragraph 13 : "Sonitrol shall not subcontract or otherwise assign its rights or duties under this agreement without the prior written approval of the Client. " ® This Addendum is agreed to this day of Mo y. 1983 Sonitrol ecurity Systems Mayor Secretary v City Clerk • SONITROL OF JEFFERSON CITY 227 E.Capitol Jefferson City,Missouri 65101 sound detection security systems (314)635.6168 Customer acknowledges that Sonitrol, its DISTRIBUTORS and DEALERS do not sell or install fire detection or prevention devices; that audible smoke detection devices are no part of the Sonitrol system, and that such smoke detection devices are installed at the Customer's risk. Sonitrol assumes no responsibility for any damages or losses suffered by the Customer arising directly, or indirectly, out of the use of a smoke detector in conjunction with Sonitrol equipment. Customer acknowledges that there are no obligations or liabilities on the part of Sonitrol, its DISTRIBUTORS and DEALERS for consequential damages arising out of or in connection with the use or performance of wireless radio transmitters and receivers and further recommends that the customer test any wireless equipment at least once a week. SIGNATURE X SIGNATURE X (Sonitrol) (Client) DATE '7 —E2 TITLE /1/1-A i'D P, DATE •