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Home My Public Portal AboutORD09977 BILL NO. – �. SPONSORED BY COUNCILMANlc�Q ® ORDINANCE NO. 499 7Z AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CENTRAL SECURITY SYSTEMS TO FURNISH SECURITY SERVICES. 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 Central Security Systems to furnish security services for the sum of $135.69. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved 9 re ing- Officef 0 Mayor Office ATTEST: ity e CENTRAL Circuit SECURI T Y SYSTEMS P.O. BOX 122•JEFFERSON CITY, MISSOURI 65102 TELEPHONE 314/634-2466 . HEADQUARTERS CONNECTION AGREEMENT THIS AGREEMENT, made this /0____ day of 19 by and between Central Security Systems, hereinafter called "C.S.S ' and City of Jefferson Missouri iri hereinafter called "Subscriber". WITNESSETA: In considerat-4 n of the Authority's approval of the undersigned Subscriber's connection to or termination with the Monitoring System defined herein, and in consideration of the mutual covenants between Subscriber and C.S.S. , it is agreed and acknowledged by the parties hereto chat.: 1. The following terms as used herein shall be defined as follows: A. "Monitoring System" -- a remote station alarm signal receiving system installed in the Auzhozncy's facilities. E. Authority •- _may of jeffefergan C. "Subscriber" -- any person or entity whose premises are served by alarm equipment directly or indrectly connected to, or having a contact or termination point with, the Monitoring System herein defined. AMbk Subscriber agrees to pay C.S.S. the sum o£ Sixty Dollars t.Zjja.Qb in advance, for connection of its alarm system to C.S.S. ' equipment and shall, in addition pay for the reaintenance and operation of said system the sum of Seventy-TWO Dollars ($_72,Qb per year in advance during the term hereof Second year is to conwteence one year from date connection is made. 3. C.S.S. agrees to furnish and maintain, in return for said payment, the following: Alarm receiving equipment to monitor one (1) burglar alarm circuit carrying signals from the new City Hallts alarm system. 4. Subscriber is responsible for all telephone circuits connecting his system with that of C.S.S. and shall furnish a signal compatible to the monitoring system of C.S.S. S. Subscriber and/ar Subscriber's servic.._ig alarm company shall coordinate with C.S.S. to connect and tesi Subscriber's alarm c:rr-uit. Subscriber's alarm circuit shall not, be connected to thn monitoring system unless a representative of C.S.S. is present and a test signal is successfully received and logged such that the proper operation of all concerned equipment is verified. 6. Each Subscriber with a Burglar, Alarm shall properly set his Burglar Alarm system each night or at such other times as Subscriber shall close his premises. Subscriber shall properly test -the system prior to each closed period including walk testing all equip- ment with walk test provisions. Each Subscriber with either a Burglar Alarm or a Fire Alarm snail itmnediately report to his servicing alarm company any inadequacy in or failure of his system and cause same to be corrected within ten days, failing which is C.S.S. may disconnect the faulty system with the Authority's consent. A CENTRAL TECHNOLOGIES GROUP 'COMPANY 114A-f -2- 7. C.S.S. shall notify any Subscriber and the Authority when the alarm equipment of such Subscriber fails to meet minimum operational standards as generally accepted by the alarm detection industry or of the specific equipment manufacturer. Notification will be made immediately upon determination of faulty or substandard performance. Sub- standard or faulty alarm equipment shall be brought up to standard or corrected within ten days of such notification, or shall upon the Authority's consent, be dis- connected from the Monitoring System. 9. C.S.S. and the Authority assume no liability for delay in installation of the system, or interruption of service due to strikes, riots, floods, fires, Acts of God or any cause beyond their control, including interruption in telephone service. C.S.S. will not be required to-supply service to the Subscriber while interruption of service due to any such cause-shall continue. 9. (mess: covered by.•a separate maintenance contract, Subscriber will be charged at current service r&tes for -any-service call made when problems are found which are not in ' eauinmont. Not to exceed thirty dollars ($30.00) per hour during regular workirxa hours or more than sixty dollars ($60.00) per hour during worst case non working hours. : 10. No connection to C.S.S. ' Monitoring System shall be allowed until the Alarm Monitorinq Information Form has been completed and returned and all herein described fees have been paid. 11. Upon nonpayment of any sums due C.S.S. under the terms and conditions of this agreement, C.S.S. reserves the right to terminate this agreement and immediately discontinue service upon written notice to Subscriber of its intention to do so. Subscriber shall pay the full amount of service charges accrued to date of said notice, and one-half the service charge for the balance of the agreement period as liquidated damages, with reasonable attorney fees if placed in the hands of an attorney for collection. It is understood and agreed by the parties hereto that C.S.S. is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Sub- scriber"s premises shall be obtained by the Subscriber; that C.S.S. is being paid for the installation and maintenance of a system designed to reduce certain risks of loss and that the amounts being charged by C.S.S. are not sufficient to guarantee that no loss will occur; that C.S.S. is not assuming responsibility for any personal injury or property loss or damage which may occur even if due to C.S.S. ' negligent performance or failure to perform any obligation under this Agreement. Since it is impractical and extremely difficult to fix actual damages which may arise due to the faulty opera- tion of the system or failure of services provided, if notwithstanding the above provisions, there should arise any liability on the part of C.S.S. such liability shall be limited to an amount equal to one half the annual service charge provided herein or $250.00, whichever is the greater. This sum shall be complete and exclusive and shall be paid and received as liquidated damages and not as a penalty. 13. In'the event that the Subscriber wishes C.S.S. to assume greater liability, Subscriber may request C.S.S. to provide a higher limit by paying an additional amount propor- tioned to the increase in damages, but such additional obligation shall in no way be interpreted to hold C.S.S. as an insurer. 14. Third party indemnification: In the event any person, not a party to this agreement, shall make any claims or file any lawsuit against C.S.S. for any reason relating to C.S.S. ' duties and obligations pursuant to this agreement, including but not limited to the design, installation, maintenance, operation, monitoring, or non-operation of the alarm system, Subscriber agrees to indemnify, defend and hold C.S.S. harmless from any and all claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees, as long as the performance of C.S.S. , its agents, servants or employees was not in violation of industry standards or practices and was not intentional conduct. 114p-1 15. When Subscriber in the ordinary course of business has the property of others in his custody, or the alarm system extends to protect the property of others, Subscriber agrees to and shall indemnify, defend and hold harmless C.S.S. , its employees and agents for and against all claims brought by parties other Ilion the parties to this Agreement. This provision shall apply to all claims regard .,,. ,% of cause including C.S.S. ' performance or failure to perform and i,nc1»di.ng dcf#:rf::; 'in products, design, i,• illation, *.aintenance, operation or non-operation of thr. .,I ••m, so long a.• tile . I nrmance of C.S.S. its agents, or employees have not been in violation of inchistry standards or practices, and was not intentional conduct. This provision shall not apply to claims for loss or damage solely and directly caused by an employee of C.S.S. while on subscriber's premises. 16. This agreement may be terminated at any time, without prior notice, if C.S.S. is unable to retain the rights and privileges necessary to maintain %hc signal receiving equip- ment in the Authority's facility or the Authority having jurisdiction directs that it be removed or replaced or that connection be denied C.S.S. or the Subscriber. 17. This agreement is not assignable by Subscriber without the express written consent of the Authority and C.S.S. 18. The entire agreement of the parties is expressed herein and no other understanding or agreements shall alter the terms of this agreement, including any provision of Subscriber's purchase order. 19. C.S.S. does not make any representation or warranty including any implied warranty of merchantability or fitness that the system or service supplied may not be compromised or that the system or services will in all cases provide the protection for which it is intended. There are no implied warranties whatsoever. 20. This agreement shall remain in force for a period of one year from the effective date and thereafter shall continue from month to month until terminated on thirty (30) days written notice by certified mail except as otherwise provided herein. THIS AGREEMENT is signed on the day and year first above written. CENTRAL SECURITY SYSTEMS BY: ...� NAME: Perry Wayne Hudson TITLE: president SUBSCRIBER City of Jefferson, Missouri BY: tz Nom; Geor e Hartsfie d ATTIiST : TITLE: Mayor 1. 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