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HomeMy WebLinkAbout23-020 - Washington Alarm, Inc - Parks Shop Security SystemsCity of Tukwila 6200 Southcenter Boulevard: Tukwifa WA98188 CONTRACT FOR SERVICES Contract Number: 23-020 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washin tan. a non -charter optional municipal code city hereinafter referred to as the City," and h.11 II t In , hereinafter referred to as '`the Contractor," whose principal office is located at 2030Airport Way S Seattle Wa, 98134 . WHEREAS, the City has -determined the -need to have certain services performed or its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perforinsuch services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. Iln performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way, . The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit seattached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $9 0Q . 1011, 7 'I 1, 1' , 3. . The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing aL1 20 , and ending 2028_, unless sooner terminated under the provisions hereinafter specified. S. litdelendent pQrritpctor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of ernployer and employee between the parties hereto, Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contrib ling to the State industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Rev iscA May 2 )20 Page 1 of 4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractors waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work _hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractors maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain nsurance of the types and with the limits described below: 1. Automobile Liability ,insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (1S0) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability_insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, persona injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall he endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement, There shallbe no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractors Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. ID. Acceptability onsurers. Insurance is to be placed with insurers with a cur ent A.I. Best rating of not less than A: VII CA Revised May 2020 Page 2 of 4 E Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work, Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractorscoverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public, Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and ail Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City rnay, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on dernand, or at the sole discretion of the City, offset against funds due the Contractor from the City. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. The records and documents with respect to alt atters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement 10. ri Oft . This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same, Failure to provide products on schedule may result in contract termination, If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately, 1 12. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate an the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies, . The Contractor shall not assign or subcontract any portion of the services con e nplated by this Agreement without the written consent of the City. 13.11 At "-111* ki0.1 11 This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2,020 Page 3 of 14. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other' provisions hereof and all other provisions shall remain fully el/forceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices to the City of "Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. ,4 10 0. , This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit, DATED this , of CITY OF TUKWILA APPROVED AS TO FORM: cI oe. awd 1,126,7iec. Office of the City Attorney CA Revised May 2020 C RACTOR: Prints Name: Title: Address: 1(2,) LC? 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1111 I '111111111 111111111111111 10 110111111,110'!1,0 01,100011001000 000 „ 111,1101101 0, 001)1 10 11 10111'111111 11 '000111 ala I Ill 111 all 1,1„1,11„1,1 v,000,0,01,',00,01 Jiv11,11„111,1111111111 v 11001110 100„0vv1100001, ,mv00 0Jv " „0 „0„0„0,00,01000 -1'10; ,1001101 1000 1 1 1111 11,111011: ,,,1,11I11111111111 111111111111111111 11111 1111,, Washin Providing Quaiity, Se Dear James IKing, Inc. n;43 Washington .Alarm is pleased to...provide .you „fth this proposal and ank you for 'your inquiry,. As an independently owned crud operated family b siness of the benefits f 'working th Washington Alar e enjoy protecting ,our neighbors. Some monitonng y Washington Alar s Seattle Ut.... Listed Cent. Non- roprietary equipment Great 110 customer se, 'oe and supportV - Avallability of online account man gem „Int On Mr,t vier dfri Station ahvays g t live .rsoni Gus ,Po 0!, e , yi vcM�s als ha e .many additional offerings„ scarwhich include: a 1Private Gu rd Response Progrum * Custom Reporting Programming Packag.lts • Service Packages must be eligible) Call us today to 4,sk about some of these additional offerings and please keep us 14) mind for all y ur Commercial and Residential Sec .rity, Fire, Vid .o Verification, Vid Surveillance „and .Acc ss Control System needs., if you have any comments, questions sr concerns, pease U or email us, Warmest of wish Washington ,Alarm,, Inc. JNIMIMMIIMMIMYMM WWWW11111111111111111111111.1MINIMIIMMWM1.111111AMMIMINIMOMMWORMIMIN 2O3OAirpol y S Seattle 'WA 9A134-1803 .114141411,1 M911119,11M 1011111111 1,1111 UL Listed Central Station Licensed and Bonded Electrical Contractor SHIA1282C3 wwwwashingtonalarm.corn P. 206-328-32 F: 2 -322-7214 Proposal WashingtonKik.. Providing Quality. Service and Integrity to the Pacific Northwest Since 1943 Agreement Number 23418-2-0 Date: 2/2/2023 Subscriber Name: City of Tukwila Contact: James Kira Site Address: 13900 Interurban Ave S Seattle , WA 98168 Site Phone: (206) 396-0597 Site Email: Jamie.king@tukwilawa.gov Billing Address: Signing on Behalf of a Company: 0 Yes I 0 No - If Yes, Company name: THIS PROPOSAL IS SUBJECTED TO THE ATTACHED TERMS AND CONDITIONS System Scope Of Work - The System Equipment is more specifically itemized in the attached Equipment Schedule Washington Alarm to install a new videofied system consisting of the following: • i Control panel and 1 keypad with outdoor siren • 1 Cell communicator • 4 Wireless motion Viewer Fees and Charges *Pricing in this proposal is valid for 45 days. Sys.te rr I"'r�rtaI: Deposit Due Prior to Scheduling: Balance Due upon Completion: Monthly Recurring Monitoring/Services: Term of Agreement: Payment and Schedules - Recurring Monitoring(Service Billing Schedule: ❑ Monthly I ❑ Quarterly j ❑ Annual For existing customers, your recurring billing frequency will be automatically matched with your current frequency. -Preferred Method of Invoice Delivery: ❑ Emailed ❑ Mailed I ❑ Both Methods WAi will not be responsible for uploading Invoices to any third-party/customer portals. All invoices must be accepted via marl and/or erne - Would you like to be set up for Automatic Payments? ❑ Yes D No You can either go to our Online Portal to get this setup ora representative from Washington Alarm will reach out to set this up. - Tax Exempt? C3' Yes 0 No - If yes, must provide documentation, - Is a Purchase Order (PO) required for any of the services in this proposal? 0 Yes 0 No $4,072,83 $2,036.44 $2,036.44 $117.00 36 months Addiitional Charges - Unless otherwise stated within Proposal -Washington State Sales Tax -Lift Rentals -Additional Conduit or Wim Mold -Changes Required by Local Jurisdiction -Plenum Wire -Annual UL Fees -Alt Raceway, Non -Proprietary 8ackboxes & Wire Signature Subscriber 8y Initialing, you agree to Additional Charges below. City Ordnance Fees -Roof Penetrations -Painting, Patching, Asbestos -Related Work -Open Firewall Port for Network -Installation of 110 VAC Power -CAD Drawings (file format must be DWG) Print N -Bond Fees -Outlets, Power, Internet -Repair of Defective and/or Existing Equipment -Work Outside of M -F, 7'00AM - 5:00PM -3rd Party Fees (Tegris, Compliance Engine etc.) -Permits {Electrical, Fire, etc.) e: Date: 2030 Airport Way S Seattle WA 98134-1603 UL Listed Central Station P: 206-328-3288 Licensed and Bonded Electrical Contractor F 206-322-7214 WA 5H1AI282C3 www.washingtonalarrn.com Exhibit A Washington 10 II „ 100 1 no. Providing Quality, Service and Integrity to the Pacific Northwest Since 1943 Nen blolkuumutu Proposal Qualifications Additional Details: NOTE: Unless subject to progressive billing and billing terms, Jobs over $1,000 will require a 50% deposit paid prior to the scheduled instalialiori date. The remaining amount will be billed at the time the services are completed by a Washington Alarm technician(s). Jobs that require permits will be pending scheduling of the fin& inspection (the inspection with a Fire Marshal anctior Labor and Industries Inspector), unlit the final payment is received. Videofied device Locations: • 1 - Control Panel - to be installed on main building • 1 - Keypad - to be installed by Bosch keypad - front lobby • 1 - Cell Communicator - to be installed • 1 - Siren - to be installed outside main building • 4 - Motion Viewer - to be installed o (1) front entry by front gate tt1 o (1) off main building -rear #2 o (1) off service building - tt3 o (1) off storage - building - back gate #4 2030 Airport Way S Seattle WA 98134-1603 WIWI., on. mmann, I m1.111 koMpownwrmauuu Ivo II UL Listed Central Station licensed and Bonded Electrical Contractor WASHIAI282C3 www,washingtonaiarm.corn P: 206-328,-3288 F. 206-322-7214 !di I'll 1 „„ Iffil 1111;14 11 „1111111111111,111 11111:11111111,11111111111111 1111,1111mimilit 1 111111„1„1„1„11111 1. installation requires wiring installed by Washington Alarm (Including keypad) 2. System includes wireless devices. 3. System includes property protection fire alarm devices. 4. System includes life safely fire alarm devices. 5. Zones names are outlined in proposal 6. Wall outlet identified and customer is aware of transformer location. 7. System includes multiple arm -able areas. 8. System will utilize arming schedule. 9. Building is wood frame construction, (If 'MY, see building type Indicated rn The proposal.) 10. Site has a drop tile ceiling. 11. Proposal includes App Control X 12. System includes Access Control, X 13. Electrical permitting is included in this Propose/. 14. Monthly Recurring amount in Fees and Charges is total amount for the system referenced in this proposal. X 15. Monthly Recurring amount in Fee and Charges is in addition to the amount that is currently being charged X 16. Monthly Recurring amount in Fees and Charges will he in place of the amount , currently being charged for the system referenced in this proposal. X 17. No Monthly Recurring amount is added on this proposal Additional Details: NOTE: Unless subject to progressive billing and billing terms, Jobs over $1,000 will require a 50% deposit paid prior to the scheduled instalialiori date. The remaining amount will be billed at the time the services are completed by a Washington Alarm technician(s). Jobs that require permits will be pending scheduling of the fin& inspection (the inspection with a Fire Marshal anctior Labor and Industries Inspector), unlit the final payment is received. Videofied device Locations: • 1 - Control Panel - to be installed on main building • 1 - Keypad - to be installed by Bosch keypad - front lobby • 1 - Cell Communicator - to be installed • 1 - Siren - to be installed outside main building • 4 - Motion Viewer - to be installed o (1) front entry by front gate tt1 o (1) off main building -rear #2 o (1) off service building - tt3 o (1) off storage - building - back gate #4 2030 Airport Way S Seattle WA 98134-1603 WIWI., on. mmann, I m1.111 koMpownwrmauuu Ivo II UL Listed Central Station licensed and Bonded Electrical Contractor WASHIAI282C3 www,washingtonaiarm.corn P: 206-328,-3288 F. 206-322-7214 ashington la Inc. Prraviding Duality Service and Integrity to the Paclt c Northwest Since 1943 Eq ipment Schedule 1 1 1111 III III 1 11 1111 11 1 II III I I 11111111 I II OTT Description 4 BATTERY, 3.6V LITHIUM D CELL 4 BATTERY, 3.6V AA LITHIUM CELL 4 BATTERY, 3.&V 2600 MAH AA LITHIUM 3 BATTERY, 3,6V LITHIUM D 1 Extreme Temp w/Encl w/ IP AND 3/4G cellular modern 1. KEYPAD, VERTICAL ALPHA 3 OUTDOOR MOTION VIEWER 1 5IREN/STROBE OUTDOOR 1 OUTDOOR MOTION VIEWER 1 ANTENNA KIT RF W/ 2OFoo 1 Antenna Cellular Yagi + 1 12V DC POWER ADAPTER W/ 4 1 SIM CARD AT&T FOR VID€OFIED CONTROL PANELS 2030 Airport Way S Seattle WA 98134-1603 UL Listed Central Station Licensed and Bonded Electrical Contract WASHIAI282C3 www.washingtonalarm.com P. 206.328 3288 F 206.322-7214 Washington It rt Providing Quality, Service and integrity to the Pacific Northwest Since 1943 TERMS AND CONDITIONS 1. INSTALLATION. The equipment described in the Proposal attached hereto shalt be referred to herein as the "System" and the real property in which the System is to be installed shall be referred to as the "Premises." The subscriber identified on the signature fine below ("Subscriber") hereby authorizes Washington Alarm, Inc. (WAI°) to cause the System to be installed pursuant to these Terms and Conditions (the Proposal and these Terms and Conditions are collectively referred to as the "Agreement'). Subscriber warrants that it has all necessary rights, consents and approvals to provide such authorization, including without limitation, authority from the owner of the Premises and/or any other person in control of the Premises. Subscriber shall obtain all necessary licenses and permits For the System and for registering the System with any applicable government entity that requires the System to be registered: WAI-is-hereby authorized to._usg_etectricat outlets (110 AC electrical outlets to be provided by Subscriber), drill holes, drive nabs, make attachments, and do such other things at the Premises as are reasonably necessary for installation of the System. Subscriber shall provide or cause to be provided any underground trenching. backfill and raceways necessary for System installation. Subscriber shall, at its own expense, make any necessary repairs or changes to the Premises requested by WAI, to facilitate the installation and operation of the System. WA1 makes no representation or warranty of delivery and installation of the System or commencement of services by any particular date and shall not be responsible for any foss which may arise during the period between the date of this Agreement and installation of the System. WAC assumes no liability for delay in installation of the System, including delay due to any cause within or beyond the control of WAI, WA1 reserves the right to refuse to enter the Premises if no responsible adult is present. Subscriber has the affirmative duty to inform WAi, prior to installation, of every location at the Premises where WAI should not (because of concealed abstractions or hazards such as pipes, wires, asbestos. etc.) enter or drill holes. if asbestos, formaldehyde, or any other substance considered "hazardous" or "toxic" under any local, state or federal few relating to protection of the environment or human health ["Hazardous Substance') is encountered during installation, WAI may cease work until Subscriber has, at Subscriber's expense, obtained certification acceptable to WAI in Its sole discretion, from a licensed asbestos or hazardous material removal contractor, that continuation of work will not pose any danger to WAI personnel. Subscriber shall defend, indemnify and hold Wel and its employees harmless from any claims brought against WAI anWor its employees by third parties for property damage, personal injury, death, emotional injury, or any other form of damage. whether actual or prospective, allegedly caused by exposure to any Hazardous Substance, including without limitation, the presence, spread, ingestion or inhalation of any Hazardous Substance on or originating from the Premises. Any alleged defect, error or omission in the construction or installation of the System or any alleged defects in the components of the System must be called to the attention of WAI in writing within ten (10) calendar days after completion of installation. Upon the expiration of said ten (1 0) days, Subscriber shall be deemed to have unconditionally accepted and approved of the construction and installation of the System. Subscriber shall be solely responsible for setting and testing the System. Subscriber may contact WA1's Centra! Station to assist with setting and testing the System. 2. PAYMENT. If any payment due hereunder is more than ten (10) days delinquent, then without limiting any other right or remedy available lo WAI hereunder (including without limitation the right to deactivate the System), WAf may impose and collect a delinquency charge of one and one -hall (1- 1/2) percent per month (18% per annum) of the amount of the delinquency. If the System is deactivated because of Subscriber's past due balance and if Subscriber desires to have the System reactivated, Subscriber agrees to pay in advance to WAI a reconnect charge. Subscriber acknowledges that alt charges set forth herein are based upon existing federal, state and local taxes and utility charges, including telephone company line charges, if any. WAI shall have the right, at any time, to increase the monthly charges provided herein, by the amount of any additional taxes.. fees or charges which hereafter may be imposed on WAI by any utility or governmental or quasi -governmental agency relating to the service(s) provided under this Agreement, and Subscriber agrees to pay the same- WAI shalt also reserve the right to modify the method of payment accepted, 3. TERM AND TERMINATION. The initial term of this Agreement shall be as set forth in the Proposal, unless the initial term is amended by a subsequently executed rider. This Agreement will automatically renew for successive one-year periods unless terminated by either party at least thirty (30) days before the end of the initial term or any renewal term. WAI may terminate this Agreement if the Premises or System is destroyed by fire or other catastrophe or so substantially damaged that it is impractical to continue service, or if WAI is unable to render services as a result of any action by any governmental authority. If Subscriber fails to make any payment when due or breaches any other term of this Agreement, WAi may stop providing the alarm moniloring and notification services and repossess or disable the System without notice: and Subscriber hereby authorizes WAI to access the premises to repossess or disable the System and waives and discharges any liability for redecoration or repair to the Premises made necessary as a result of WAI repossessing or disabling the System. WAI shall not be liable to Subscriber if WAI stops providing the alarm monitoring and notlercation services and repossesses or disables the System. WAI may terminate this Agreement if it is impractical for WAI to continue service; WAI cannot acquire ar retain the transmission connections or authorization to transmit signals from the premises; Subscriber falls to repair ar replace any defective System equipment; or Subscriber fails to follow WAi's operating instructions for the System. Subscriber acknowledges that WAI incurred costs in reliance upon Subscriber performing during the entire duration of the initial tem') of this Agreement. IF SUBSCRIBER TERMINATES THIS AGREEMENT DURING THE INITIAI TERM, OR IF WAi TERMINATES THIS AGREEMENT DUE TO A PAYMENT DEFAULT, SUBSCRIBER WILL, WITHIN SEVEN DAYS OF SUCH TERMINATION, PAY WAI 100% OF THE TOTAL CHARGES THAT WOULD HAVE BEEN PAi❑ OVER THE REMAINING TERM OF THIS AGREEMENT AS LJc1UIDATED DAMAGES AND NOT AS A PENALTY. SUBSCRIBER AGREES THAT THiS AMOUNT IS REASONABLE IN LIGHT OF THE ANTICIPATED HARM, THE DIFFICULTIES OF PROOF OF LOSS, AND THE INCONVENIENCE OR INFEASf13tL1TY OF OTHERWISE OBTAINING AN ADEQUATE LEGAL REMEDY. 4. LIMITED WARRANTY AND DISCLAIMER OF IMPLIED WARRANTIES. WA1 hereby warrants that in the event any component ar associated wiring in the System shall become defective or in the event any repairs shalt be required, WAI shall make all repairs and replacements of parts without cost to the Subscriber for a period of one (1) year from the date the installation is completed. WAI reserves the option to either replace or repair the product, and reserves the right to substitute materials of equal quality at time of replacement. This Limited warranty does not cover any damage to material or equipment caused by accident, misuse: attempted unauthorized repair service, modification, or improper installation by anyone other than WA!. All warranty service which shalt be required on the part of WA1 shall be performed between the hours of 9'00 a.m. and 5:00 p.m. on normal business days, which are Monday through Friday other than WAI holidays. This limited warranty gives Subscriber specific legal rights. The taws of the state where this Agreement was signed may also give Subscriber addltianal rights. OTHER THAN THE LIiMIITED WARRANTY SET FORTH IN THIS AGREEMENT, WAI DOES NOT MAKE, AND INSTEAD SPECIFICALLY DISCLAIMS, AND SUBSCRIBER HEREBY EXPRESSLY WAIVES AND RELINQUISHES, ANY GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SYSTEM AND SERVICES PROVIDED WILL DETECT OR AVERT ANY INCIDENTS OR THEIR CONSEQUENCES. 5. INSURANCE; WAIVER OF SUBROGATION. 14 2030 Airport Way 5 Seattle WA 98/341603 UL Listed Central Station Licensed and Bonded Electrical Contractor WASHIA1282C3 www.washingtonalarrn.com P. 206-328-3288 F. 206-322-7214 Washington Inc, Pnowdi'np Qualify, Seneca arid Infegrfty to the Pacific Northwest Since 1943 SUBSCRIBER AGREES THAT WAI IS NOT AN INSURER AND THAT WAI iS NOT PROVIDING SUBSCRIBER WITH INSURANCE OF ANY TYPE. THE AMOUNT'S WAi CHARGES SURSCRi E ARE BASED SOLELY UPON THE VALUE rr IF THE SYSTEM AND SERVICES WAI PROVIDES AND UPON THE UMJTED LIABILITY WAI ASSUMES UNDER THIS AGREEMENT W SUBSCRI='E'R WANTS INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT THE PREMISES, SUBSCRIBER WILL PURCHASIE T. IN THE EVENT OF r NY LOSS„ DAMAGE OR INJURY, SUBSCRIBER WILL LOOK EXCLUSIVELY TO SUBSCR1i ERS INSURANCE AND NOT TO WAI TO COMPENSATE SUBSCRIBER. SUBSCRIBER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST WAI ARISING AS A RESULT OF ANY LOSS, DAMAGE OR INJURY. S. NO GUARANTEE; NO LIABILITY. WAI DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM MAY NOT BE CIRCUMVENTED OR COMPROMISED, OR THAT THE SYSTEM AND SERVICES HEREUNDER DESCRIBED WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH THEY ARE DESIGNED, OR PROTECT ANY PERSON OR PROPERTY FROM ANY OCCURRENCE, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. WAI DOES NOT ASSUME ANY RISK OF LOSS TO SUBSCRIBER OR THE PREMISES: ALL SUCH RISKS ARE INSTEAD SOLELY BORNE BY SUBSCRIBER. SUBSCRIBER HEREBY WAIVES, DISCHARGES AND PROMISES NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST WAI FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE SYSTEM OR SERVICES PROVIDED BY WAI. 7, EXCLUSIVE REMEDY, WAIVER OF JURY, NO CLASS ACTIONS. NOTWITH5TANDiNG ANYTHING CONTAINED HEREIN TO THE CONTRARY, WAI'S AGGREGATE L1A : LIT Y ARISING OUT OF OR RELATING TO THIS AGREEMENT; WHETHER ARISING OUT OR RELATED TO BREACH OF AGREEMENT OR WAIIRR.ANTY, STRICT LIABtuITY', TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE SUM OF ONE THOUSAND FIVE HUNDRED DOLLARS 41,600.00) OR TWELVE (12) TIMES THE MONTHLY FEE SET FORTH IN THE PROPOSAL, WHICHEVER 15 LESS, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND THIS SUM SHALL BE SUBSCRIBER'S SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE LEGAL THEORY THAT FORMS THE BASIS FOR THE CLAIMS. SUCH SUM SHALL BE COMPLETE AND EXCLUSIVE, NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, AND IN NO EVENT SHALL WAI BE LIABLE FOR CONSEQUENTIAL..., INDI^rECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION iN 'VAL'UE, LIE, .ARISING OUT OF OR RELATED TO ANY BREACH OF THiS AGREEMENi, REGARDLESS OF (1) WHETHER SUCH DAMAGES WERE FORESEEABLE, III) WHETHER WAI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (ill) THE LEGAL OR Ear°UITABLE THEORY (CONTRACT, TORT OR OTHEIRWI'SE) UPON WHICH THE CLAIM l5 BASED. SUBSCRIBER SH LL NOT FILE SUIT AGAINST WAI MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF THE INCIDENT UPON WHICH THE CLAIM IS BASED OR IF APPLICABLE LAW REQUIRES ANY LONGER PERIOD, THEN THE SHORTEST PERIOD PERMITTED UNDER APPLICA'srL'E LAW. SUBSCRIBER HEREBY WAIVES ANY RiGHTS TO A JURY TRIAL IN ANY ACTION WHICH RELATES IN ANY WAY TO THE RELATIONSHIP WITH 't'+' I, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHERWISE. BOTH PARTIES FURTHER AGREE THAT EACH MAY ASSERT CLAIMS AGAINST THE OTHER ONLY IN HiS/HERIITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPOR'TE'D CLASS ACTION OR REPIRESEN'TATIVE PROCEEDING. 9. INDEMNIFIC TION. Subscriber hereby releases, waives, discharges, and agrees to defend, indemnity and hold WAI and its employees, agents, affiliates, officers, and directors harmless from all claims, allegations, demands, damages, causes of action, fines, ovalis„ expenses, injurictices and liabilities (collectively "Claims") and ail reasonable expenses incurred in investigating and defending against Claims (including reasonable attorneys' fees) arising out of or related to (or alleged to have arisen out of or be related to) this Agreement or tree 'System or services provided or to be provided by WAI hereunder, based on all theories of liability including without limitation, subrogation, contribution, comparative or contributory negligence, strict liability, product liability or any other theory. Following notice of a Claim from WAI, Subscriber shall defend all Claims at Sulbscribar"s sole cost and expense. Subscriber's indemnity obligation shall survive the termination of this Agreement as to any act or omission alleged to have occurred during the term of this Agreement This provision shall not apply to any loss or damage which occur while an employee of WAi Is on the Premises and directly and solely caused by the gross negligence of said employees, or to loss or damage arising out of the gross negligence of WAi in connection with the Installation of the System.. 9. SYSTEM REQUI'REMENT'S. Any System not installed by or on behalf of WAI must be in good working condition, The System must communicate to the WAi monitoring Facility ("Center" )using at least one of the following communication types' Internet Protocol (IP), Cellular (cell) or telephone line_ Notice(s) for remote access requests must be delivered to WAI in writing (electronic or standard mail) no sooner than one CO business day prior to the time the request is to be completed. tO, SIGNAL TRANSMISSION. Means to transmit alarm signals to the Center shall conform to the requirements of applicable codes and the local authority having jurisdiction. Subscriber shall bear all costa associated with the means (telephone, Internet, etc.) of transmitted signals to the Center. WAI makes no representations or warranties regarding, and shall boar no liability based on, how fast a signal will be received at the Center. 11. FALSE ALARMS. in the event WAI determines ,fn its sole discretion that an excessive number of false atoms are caused by Suhscriber"s failure to perform its obligations under this Agreement, carelessness, malicious action or accidental use of the System or in the event 'Subscriber in any manner misuses or abuses the System as determined by WAI In its sole discretion, Subscriber shall be in material breach of this Agreement. In the event a fine, penally or fee is assessed against WAI by any govemniental or municipal agency or Wal makes any service call as a result of any signal originating front the Premises and activated Inlet naily, accidentally or negligently by Subscriber or Its agents. invitees. or licensees, Subscriber shall pay the Imre and pay WAI its customary charge for each such call. Subarcriber represents It fully understands that the System, because of its sensitivity and nature, is subject to the Influence of external events which are not within the control of WAI and which may cause the System to activate, and no such influences on the System shall excuse any of the obligations of Subscriber or limit any of the remedies of WAI. Without limiting the generality of the foregoing or the exercise of WA1's discretion, six false alarms in any twelve-month period shall be condaeilveiy considered excessive for purposes of thins Section 12. 12. VIDEO SYSTEM. if the System collects or transmits video Irmages or oral communications at or from the Premises, then Subscriber shall: (1) provide and maintain adequate power and lighting for all cameras or other video -related equipment;, (ii) inform all persons on the Premises that they may be monitored by video or audio recording, as applica e, )ii) not urse or permit the use of video recording equiprment to be installed where any person may have a reasonable expectation of privacy; (iv) use broadband connectivity exclusively to transmit ',Mao images and audio from any video system; (v) use the video system for security surveillance andior management services only; (vi) not use the video system for any criminal, illegal, or otherwise unlawful activity; and (vii) obtain and keep in effect all permits or Incenses required for the installation and operation of the video system. 2030 Airport Way S Seattle WA 981.34-1603 -160;3 UL Listed Central Station Licensed and Bonded Electrical Contractor. WASHIAI282C3 +,ww.was hingtonala nm. corm P: 206-328-32E3,8 IF: 206-322-7214 Washington Providing Quality, Service and integrity to the Pacific Northwest Since 1843 Subscriber understands and agrees that ti) a video system may enable MI to record, store and review images of the interior of the Premises and the area outside of the Premises, and ti!) video systems with audio capability may enable WAI to record, store and review oral communications from in and outside of the Premises, Subscriber hereby agrees, authorizes and consents to WAl recording, storing and reviewing video images and oral communications transmitted from the video system at the Premises. 13, ELEVATORS. To the extent provided in the Proposal, WAI will respond to distress calls from the elevators designated by Subscriber. Subscriber will program the telephone feature of each elevator to call the dial -In telephone number designated by WAI, which telephone services terminates in the Center. Upon receipt of The distress call from a specific elevator location, WAl's sole obligation will he to attempt to contact_ by telephone, the first available person on the contact list provided to WAI by Subscriber and advise such person of the receipt of the distress call. WAI does not have any elevator repair, service or personal -response obligations urtder...this Agreement, if based upon the irrformation received in the distress call, WAI reasonably believes that an emergency condition exists, it may elect to notify the local fire department of the situation. Subscriber acknowledges that the telephone services used to call WA!'s facility from the elevators is provided by a local telephone carrier and is beyond the control of WAI. Phone service and programming of elevators will not be provided by WAI. WAI can assist in shunt trip testing and testing of smoke detectors at the lop of the elevator shaft on a time and material basis, at the request of the Subscriber. Electricians will be needed for the shunt trip. Subscriber is solely responsible for contacting and coordinating with its elevator provider and/or preferred electrician to assist in this testing. All parties must be onsite at the same time in order to perform testing. Shunt trip testing and testing devices at the top of the elevator shaft are not included in this Agreement unless otherwise expressly stated in the Proposal. 14. INFORMATION; PRIVACY; CONTACT. Subscriber understands and agrees that in conjunction with employee training, quality control and the provision of services, WAI may monitor and/or electronically record video and audio related to monitored activity at Subscriber's location, as well as conversations with Subscriber, emergency services providers, and law enforcement personnel. Further, Subscriber understands that privacy cannot be guaranteed on telephone, cable and computer systems, and VVAI shall not be liable to Subscriber far any claims, loss, damages or costs which may result from a privacy breach. Subscriber consents to WAI {i} using information about Subscriber and Subscriber's location (collectively, "information") to administer services. offer new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements, (ii) providing information, including emergency information, to law enforcement or fire service personnel for the purpose of providing services hereunder or in response to a subpoena or other such legal process, and (iii) using for statistical, analytical. and marketing purposes, and sharing aggregate customer information and statistics that do not include information that identifies Subscriber personally. Subscriber agrees that WAI may contact Subscriber by telephone. facsimile, e-mail or other Internet facilities, with respect to the System and services WAI provides under this Agreement. 15. FORCE NIAJEURE. WAI assumes no liability for delay or Interruption of alarm monitoring and/or service due to strikes: riots, floods. storms, earthquakes, fires, power failures, acts of Subscriber, interruption or unavailability of telephone service, acts of God, or any other cause beyond the control of WAI and will not be required to supply monitoring andlor repair service to Subscriber while interruption of service due to any such cause may continue. 16. ATTORNEY'S FEES. in the event that VW institutes legal proceedings to enforce any right under this Agreement, Subscriber agrees to pay all reasonable attorney's fees and court costs incurred by WAI In such action, including any fees incurred in bankruptcy, or involving procedures or issues unique to bankruptcy Paws or courts: and on appeal. 17. CHOICE OF LAW AND VENUE. Any dispute arising out of or relation to this Agreement or the relationship of the parties shall be governed by and construed according to the laws of the Stale of Washington without reference to its conflicts of law rules. For purposes of any suit, action, claim or other legal proceeding arising out of or from, in connection with or relating this Agreement, the Subscriber irrevocably consents and submits to the exclusive jurisdiction and venue in the state and federal courts located in King County, Washington. 18. ASSIGNMENT: Subscriber acknowledges and agrees that WAI may assign this Agreement to any person, or entity, including another alarm company or financial institution, and further, may subcontract any of the work le be performed pursuant to this Agreement. Subscriber may not assign or delegate Subscriber's obligations under this Agreement without WAI's written consent. Subscriber's sale of the Premises shall not affect Subscriber's obligations under this Agreement. 19. INTEGRATION; MODIFICATION; ALTERATIONS; WAIVER. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. This Agreement supersedes all prior representations, understandings or agreements of either party including any inconsistent term in any purchase order issued by Subscriber, There are no prior writings, verbal negotiations, understandings, representations or agreements not expressed in this Agreement, and the parties rely only upon the contents of this Agreement in executing it, and have not relied on any other representations, oral or otherwise, made by the parties, their agents or employees, This Agreement can only be modified by a writing signed by the parties, No waiver of a breach of any term or condition of this Agreement shall be effective unless in writing. nor shall any waiver be construed as a waiver of any succeeding breach. 20. ELECTRONIC SIGNATURE; ORIGINAL DOCUMENT STORAGE AND USE. Subscriber and WAI agree that copies of this Agreement and ail exhibits hereto that contain digital signatures, or manual signatures transmitted by electronic mail, or facsimile (including counterparts), shall have the same force and effect as the physical copy of the signed Agreement and Subscriber hereby waives any claims or arguments contesting the same, Subscriber agrees that WAI may save and store this Agreement, all exhibits hereto, and all other agreements by and between Subscriber and WA1 in an electronic media and ail such agreements and other documents shall be deemed to be, and may be used by WAI as originals and shall be given the same force and effect as the paper -form originals and Subscriber hereby waives any claims or arguments contesting the same. 2030 Airport Way S UL Listed Central Station Seattle WA 98134-1603 Licensed and Bonded Electrical Contractor WAS HIAI282C3 www.washingtonalarm.com P 206-328-3288 F. 206-322-7214