HomeMy WebLinkAboutElectronix Systems Central Station Alarms Inc
r RESOLUTION 2014-140
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ADOPTED DOC ID: 9512
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-140 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 28,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Standard Agreement for Security System, Equipment
and/or Service between Electronix Systems Central Station Alarms, Inc. and the Town of
Southold for monitoring the security system at the Town's Transfer Station, at a cost of $45.00
per month, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
ELECTRONIX SYSTEMS CENTRAL STATION ALARMS INC.
1555 New York Avenue - Huntington Station, New York 11746
t Office (631) 271-0000 -Central Station (631) 271-9075 -Fax (631) 424-8510
Licensed by N.Y. State Dept. Of State - License No. 12000003600
Joh # System No.
STANDARD AGREEMENT FOR SECURITY SYSTEM EQUIPMENT AND/OR SERVICE
Subscriber's Name: Southold Solid Waste District Date: 1202014
Subscriber's Address 6155 Foot Lane Cutchogue, NY 11935 Phone 631-734-7685
Bi Address: PO Box 962 CW ue, NY 11935 Phone
and/or install, at Subscriber's address, and Subscri ber ((hereinafter referred to as Buyer) agrees to paymetrt termsmd fhll thereof,
as ded herei on a seewi em mnsisfin oi'the lellowin materiaU u' mentand/or semen:
Caetomer at Residential Industrial Central Station Local
A I Tyos
Direct Safe Lease LeZ Sale ime & material then
Installation Add-On akeover Service Ra air Other
(System # 7t102aT276atb Umove Former #
System Services Yen No Schedule of Installation and Description of Equipment
Fire Atom D91 Li I
Fitt Sprinkler Monitoring 01 El I
Gate Valve Monitoring Reduction In Rate to be paid Annually in Advance
Area Low Temperature
B ter Almm S
YOWM XI Li
U[/FAi/1S0/IRI
Voice Module
CCl'V/Ramoto Video
Awns Control
hold- is Alarm
Other
Montlel Service
Coate
Auto Armin $
talMoairo $MOO
RadroMont A AA $1R00
Internet UALIAA S
S
O/C Supervised
01C 1.09 only $10.00
yoports R S WA
Week(
Dad Teat Si s S IVA
Warran mths $
Service Parts &Labor $
Service Labor Only) $
Service Par Call W Rate $
Fire I action $
Total Connect 1 $
Web Access $
M Acorn S
S rinklaAlarm S Total Security System Wrist tion: III
Other S TM scireed value of the u asrt: i See Ritter Attached es o
Guard Reponse S 'Keys ? Yes ? No •Noti Q~ Imoatdietcly Attor Investigated Only In emergpaoy
TOW Monthly 1 $46•00 Approximate date of Installation: Estimated Data of Completion
2. AGREEMENT TYPE:
If the security system Is a'Direct Sale' as specified herein, the samilly, system shall
0 IAN r W, 1al monies being oared to ELEX have been pail In full. as indicated below in payment temre and
be~amessp~~roeepa~enrtaaynn
D LEASE tt' I pI~IQNSIf the setxMty system is •Leased' as specified herein. the security nntem remn pan and
devi~ce.ys 7ant
property FLEX. Tie securay s~installad In the premiees of the Buyer, as described herein. including aA necessary
Initals Jr`
9/23/2011 THE FOLLOWING PAOFS CONTAIN ADDITIONAL TERMS AND ARE PART OF THIS AOREMAENT Pg I of4
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equipment, cesktarrd a Instruments and n a are Installed with the security system is and shall remain the sole personal propert yy of ELFX and shag
rot be part of the realty. Buyer shag not permit the attachment thereof any apparatus not fumrshed by ELEX.
cj
~ TERMS : If the security system is a •Lessed/SaW as spedfied herein, the security system shall
rem Datshim property until such time the LeaseMala Buy-Out Option below Is exercised by the Buyer NO all monies
owed ELEX have been paid In full as Indicated below in payment terms and term of agreement
d) 2~rUeryt If Provided for herein, Buyer agrees fo pay the prevailing rate, plus tax, per man for labor, plus material and/or
~AIdC71Oreceipt of invoice for said N SOFTWARE AND RADIO 1RANtSMLTTSwork.
R IS LEASED: ELBX shall lessq imftll, proparn and service In
the premises of the Buyer communication software, and If specified herein a Radio Transmitter, which shall remain the sole personal
proaeO of FLEX and shall riot be considered a future, or a part of the ready, and Buyer shad not permit the attachment thereo of any not
rforms thep 3 ten thefurnished uuppoon teELEX. r termination EELLEX shall at Its option provide to Bperty of ELEX Provided Buyer uuyer the Passoode to the CPU sothis or chaange tUfor
s
Posscode to lire manutactu es default code.
4. TERM OF AGREEMENT; RENEWAL, The tarn of this agreement shall be for a pedod of five years and shalt automatically renew
month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by cordfied mail,
r81um receipt requested, of their Intention rot to renew the agreement at lease 30 days prior to the expiration of any term. ELF.X shall
be permitted to increase the charges provided for herein at any time after the expiration of one year from the date hereof, upon giving
notice to Buyer, and N Buyer Is uravilling to pay such Increased charge ELEX shall be permitted, at cis option, upon written notice to
the Subscriber to rescind the Increase or to terMnale this agreement as If the full term had expired, and the Buyer shall be relieved of
any odfpadon to pay any charge after said date.
S. CENTRAL OFFICE 140Nt1'ORWG: If provided or herein upon receipt of a signal from the communication software, ELEX or Its
designee communication center, shall make every reasonable effort to notify Buyer and the appropriate municipal police a fire
department. Buyer acknowledges that signals transmitted from Subacnba's promises directly to municipal polite or fire departments
are not monitored by personnel of ELEX or ELEX's designee communication center and ELEX does not assume any responsiblI ty or
the manner in which such signals are monitored or the response, if any, to such signals. Buyer acknowledges that signals which are
transmitted ow telephone Was, Internet, wire, air waves or other modes of communication pass through communication networks
wholly beyond Do control of ELEX and are not maintained by ELFX and, therefore, FLEX shat not be responsible for any equipment
failure which prevents transmission signals from reaching the central office monitoring renter or damages wising there from. Buyer
agrees to furnish ELEX with a written list of names and telephone numbers of those persons Buyer wishes to receive notification of
alarm signals. AN changes and revislma shad be supplied to ELEX in writing. Buyer authaizas ELEX to access the control panel to
input or delete data and programming. If the equipment contains listening devices permitting central office to monitor sound Omen upon
receipt of an alarm signal central office shag monitor sound or so long as central office In its sole discretion deems 8WOprleta to
confirm an slam condition. If Buyer requests ELEX to remotey, activate or deactivate the system, change combinaton(e), opening or
dosing dimes, or re-program system functions, Buyer shell pay ELEX $10.00 for each such service.
9. DELAY IN INSTALLATION: ELEX ahd not be Noble or any damage or loss sustained by Buyer W a result of delay In Installation
of equipment equipment fail", or for Interuption of service due to electric failure, strikes, walk-outa, war, ads of God, or other
causes, Including FLEX's negligence or gross negligence In to performance of this agmwnwrL The above estimated date work Is to
be completed is not a definite completion date and time is not of the essence.
7. WARRANTYISERVICE During time warranty and/or service period, if provided herein, FLEX shall service upon Buyer's request the
sawity, system Installed in Buyer's Premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time
after receiving document notice from Buyer that service is required, exclusive of Saturdays, Sundays and legal holidays. Except that in
the event ELEX Issues a UL certificate to Buyer or provides fire alarm monitoring, ELEX will comply with Underwriters Laboratory Ina
and NYC Fire Department or any other local law requirements regarding items of protection provided for In this agreement All repairs,
repleoement or alteration o the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized
Intrusion, Ighdng or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of
the Buyer. Re-oN, reproprammin and batteries are not Included in tide service agreement and wall be repaired at Buyer's expense.
No apparatus or device shed be attached to or connected with the aeamlty system as originally installed without ELDCs written
consent ELEX reserves the option to either replace or repair the security equipment and reserves the fight to substitute materiels of
equal quaky at time of replacement or to use reconditioned parts In fWldlnent Of this Warm* and/or service.
& NO WARRANTIES OR REPRESENTATION: BUYER'S EXCLUSIVE REMEDY: FLEX males no express warranties as to any
moor whatsoever, Including, without limitation, the cermdition of the equipment its merchantability, or Its fitness for any parde'"r
purpose. ELEX does not represent nor warrant that the security system may not be compromised or circumvented, or that the system
wilt prevent any loss by burglary, hold-up. Poe or otherwise: or that the system will In all cases provide the protection for which it is
Installed. Buyer adcnowledgea that any affirmation of fact or promise made by ELEX shall not be deemed to create an express
warranty union included In this agreement In writing. Buyer is not relying on ELEX's skill or "ment in selecting or furnishing a
system suitable for any partiolar purpose and Oat there are no warranties, which extend beyond those on the face of this agreement
ELEX has ofered additional and more sophisticated equipment or an additional charge, which Buyer has declined. Buyer's exclusive
remedy for ELEX's breach of this agreement or negligence to any degree under this agreement is to require FLEX to repair or
replace, at ELEX's option, any equipment that le non-operational. This warranty gives you specific 10981 rights and you may also have
other rights that vary from state to state.
9. LIEN LAW: ELEX or any subcontractor engaged by FLEX to perform the work or furnish material who is not paid may have a claim
against Buyer or the owner of the premises N other than the Buyer which may be enforced against the property in accordance with the
applicable lion low.
10. APPLICATION OF PAYMENT: ELEX is legally required to deposit all payments received prior to completion In accordance with
New York Lien Law subdivision four of section aeveny-ones, ad In lieu of such deposit ELEX may post a bond or contract of
Iderrmnity with Bu MesIng the return of proper a ppNcetdon of such payments to the purpose of this agreement.
Parties agree that them are no third Party beneficiaries of this agreement. Buyer on its behalf and any Insurance carder waves aqF
1nhals L
9/23/1011 THE FOLLOWING PAGES CONTAIN ADDrn0NAL TERMS AND ARE PART OF THIS AGREEMENT Pg 2 of 4
right of subrogation Buyers insurance carrier may Otherwise have against ELEX or ELEX's subcontractors arising to of this agreement
or the rotation of the parties hereto. Buyer shall not be permitted to assign this agreement without written consent of ELEX. I=LEX shell
have the right to assign this agreement and shall be relieved of any obligation created herein upon such assignment.
12 EXCULPATORY CLAUSE: Buyer agrees that ELEX is not an insurer and no Insurance coverage Is offered herein. The security
system is designated to reduce Certain risks of [on, though ELEX does not guarantee that no loss will occur. ELEX is not assuming
ilabi ity, and, therefore shall not be If" to Buyer for any loss or damage sustained by Buyer as a result of burglary, then, hold-up,
lie, equipment failure, smoke, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or
contributed to by ELEX's negligent performance or failure to perform any obligation.
13. INSURANCE: The Buyer shall maintain a policy of public liability, property damage, burglary and theft Insurance under which
ELEX Is named as additional insured, and under which the insurer agrees to Indemnify and troll FLEX harmless from and against all
mats, expenses htdudup attorney's fees and liability arising out of or based upon any and all claims, injuries and damages arising
under this agreement, ndudbg but not limited to, those claims, injuries and damages contributed to by ELEK's negligent Performance
or Its failure to perform any obligation. The minimum limits of liability of such Insurance shall be one million dollars for any Injury or
death, and property damage, burglary and theft coverage In an amount necessary to ndem ly Buyer for property on Is premise.
ELEX shag not be responsible for any portion of any loss or damage which Is recoverable by the Buyer from insurance covering such
loss or damage or for loss or damage against which the Buyer Is indemnified or Insured.
14. LIMITATION OF LIABILITY: The parties agree that the alarm system is not designed or guaranteed to prevent any loss by
burglary, MR and other this agreement there should adore any fabi on thor loss e part of ELEX as smoke, rewater or any other sult of burelorrym, , cause. If, eso the terms of
failure, or arty Oder Cause Whatsoever, thek hold-up, tire., smmokke, equipment by regardless; of whether or not such ices, damage, or or personal kuJury was caused by or
r
contributed to by ELEX's negligence to any degree or failure to perform any obfgetIM such liability will be limited to an amount equal
to sbc (S) tines the monthly payment paid by the Buyer to ELEX at the time such liability Is fixed, or to the sum of 5250.00, whichever
is greater. If Buyer whites to Increase ELEX's maximum amount of such IkNtatlon of liability, Buyer may, as a matter of right, at any
time, by entering Into a supplemental agreement obtain from ELEX a higher limit by paying an additional amount consonant with the
Increase of liability. This shall not be construed as Insurance coverage.
15. BUYER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Buyer agrees to furnish, at Buyers expanse, all 24hr
electrical outlets, RJ31X telephone Jades or equivalent, network mnnectioNaervke as deemed necessary by ELEX.
16. FALSE ALARM: ELEX shall have no NabiBty for false alarms, false alarm fires, police response, or tie refusal of the police to
respond. In event of tarnnation of police response by the municipal police this agreement shall nevertheless remain in fug force and
Bu ahe0 liable for elf mants provided for herein.
I IN air-
18 ADDITIONAL PAYMENTS: Should ELEX be required by exdsgng or hereinafter enacted law to perform any service or fumish any
materiel not specifically covered by the berms of this agreement Buyer agrees to pay ELEX for such service or material.
19. ELEX's RIGHT TO SUBCONTRACT SPECIAL SERVICES: Buyer agrees that ELEX Is authorized and permitted to subcontract
any services to be provided by ELEX to third parties who may be Independent of ELFX, and that ELEX shall not be liable for any loss
or damage sustained by Buyer by reason of fire, therk burglary or any other Cause whatsoever caused by the negligence Of third
parties. Buyer acknowledges that this agreement, and particularly time paragraphs relating to ELFX's disdairm Of waranties,
exemplon from fialoft, even for he negligence, Itrnltetion of liability and third party indemMficatiom Inure to the benefit of and are
applio" to any assigneas, subcontractors and Communication centers of ELEX.
20. FULL AGREEMENTISEVERABILITY: This agreement constitutes the full understanding of the partin end may not be amended
or modified or cancelled except In writing signed by both pertles. Should any provision of this agreement be deemed void, the
remaining parts shell not be affected except that In the event ELEX Issues a UL oertifiaete to Buyer or provides Are alarm morsbdng,
ELEX will Comply with Underwriters Laboratory Ina. and the Fire Department of the City of New York or any other local law
requirements regarding items of protection provided for in this agreement
21. TESTING OF SECURITY SYSTEM: The parties hereto agree that the security equipment once installed, is In the exdustm
possession and control of the Buyer, and is Buyers sole responsibility to test the operation of the serxsty equipment and to nogg
ELEX N any equipment is In need of repair. ELEX shall not be required to service the security equipment unless it has received
document rake from Buyer, and upon such notice. FLEX shall service the security system to the best of its ability within reasonable
time as Indicated above in Warranty/Service. Buyer agrees to test and Wood the seaxiy system imMOdetety upon oomple0on of
installation and to advise ELEX In writing Within three days after installation of Orly defect, error or omission In the security system. In
the ewd Buyer complies with the terms of this agreement and ELEX fails to repair the security system within reasonable time after
docment notice Is giveq Buyer agrees to send written notice that the security system is in need of repair to Fr EX If ELEX fills to
repair the securtly system within 46 hours after receipt of said written notice. Buyer shall not be obligated to pay any amount for the
seratMy, system from the data said notice is given until the security system is restore to working order. In any lawsuit between patties
in which the condition or operator of the security equipment is in issue, the Buys shall be precluded from raising the issue that the
sawrtty equipment was not operating unless Buyer can produce a post office cerONed or registered receipt signed by ELEX,
evidencing that service was requested by Buys.
22. CARE OF SECURITY SYSTEM: The Buyer agrees not to tamper with, remove or otherwise intertam with the security egtipment.
Inhale Sf-
9/232011 THE FOLLOWING PAGES CONTAIN ADDITIONAL TERMS AND ARE PART OF THIS AGREEMENT PS 3 of 4
i
The security equipment shah remain In the same location as installed and Buyer agrees to beer the cost of repair or replacement
made necessary as rem* of any painting, alteration, remodeling or damage, Including damage caused by unauthorized intrusion to
the premises, "rig or electrical surge, or unauthorized attachment thereof.
23. ALTERATION OF PREMISES FOR INSTALLATION: ELEX Is authorized to make preparations such as drilling holes, driving
nails, maldng aSaclerenla or doing any other things necessary in ELEX's sole discretion for the Installation and service of the security
system, and ELEX shell not be responsible for any condition created thereby as a result of such Installation, service, or removal of the
security system, and Buyer nepnesenb that the owner of the pre nfaes, if other than Buyer, authorizes the installation of the security
system under the terms of this agreement
24. BUYER'S RESPONSIBILITIES: Buyer is solely responsible for any (alas alarm lines, permit fees and any other municipal
assessments
Should ELEt be required by Ong or hereinafter enacted law to ~perfodemand reimburse and rm any service or miah any mateELEX for riel riot asp dsuch expenses.
lkell
the bins of this agreement Buyer agrees to pay ELE X for each service or materiel.
winmr
mold,
26. CREDITfCONSU REPORT: Customer understands and agrees that a consumer credit report may be required In connection
with this sales agreement or In connection with system uptabs, agreement renewals of any credit granted to the Buyer. If the Buyer
subsequently salts for his information, the Buyer will be informed whether or not such report was requested/requaed and, if to. the
name and address of the agency who furnished the report
27. PAYMENT TERMS: Buyer agrees In pay ELEt for the installation and/or equipment of a security system as provided herein,
r to choose the follow(no log f9aniertt I" on the schedule of installation and dice crindon of soultoneriLl
as In 2,b) FILsoxe/Sale; (as statod in 2,c)
Purchase Price: S_ AmountFimmoed: S_ Amount Finanood S_..
S_
Tore S_ Taxes S_ a Taxes
Total. Purchase: S_ Total Financed: $ _ Total Financed: S_
_
Down Payment S Deposit Deposit $
Upon sum S_ Upon Activation $_--plus Upon Activation S_+ monthly
Upon Activation S_ monthly Iwo payments of S! par lease payments of $_1 mo tor_ mon(ha
On Completion S_ mouth for the term of this agreement with Optional Buy-Out for S_
(as stated in 2.d)
` (special payment terms LlYes WA)
6V AR UN: In addition, Buyer agrees to pay ELEX plus tax, per month, as Indicaad herein, payabieAnn"a in
bdvetce for servi se as MtAcebd herein, for he term of agreement cartunemdng upon connection and in service of he Installation•
and continuing as Irtdiceted thereafter. Buyer adrnowledpw that ELEX has offered other advance momMy payment hmms, which
Buyer has dsokastL Buyer agrees and understands that due to the nature of the services to be provided herein far he bin of
agreement, form an Imegrd part of ELEX'a arnhipded prole and It would be difficuk If not Impossible to fix ELEX's actual damages If
these peym onb are not made. All payments being payable on the first of the month as h[rlioabd Wain.
RESIDENTIAL CUSTOM EF2S nNLY - NOTICE OF CANCELLATION - YOU, THE BUYER MAY CANCEL THIS
AGREEMENT AT ANYTIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY OF THIS TRANSACTION. SEE
ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
ELECTR.ONiX SYSTEMS X Buyer: !l.1
CENTRAL STATION ALARMS, INC 5 o I T d V) 01
Print - Nw or ('gmenedRmidenx
Rebac ce Lanfrit A/R rep X S R S e'~~
/ -Name a{o[8~~~~"/~S GSO
Wriaert By: X d- ~
A,dhoriaod ' ftl, Date t! 15'0 141,
Approved By: Personal Guarantee
Price[
Name
Tito: Date: X
a' ofPaaaul GuuaaloO col Mate
THIS AQREMA13NT IS NOT BINDING UNLESS SIGNED BY AN OFFICER OF ELEX.
Initials
923/2011 THE FOLLOWING PAGES CONTAIN ADDITIONAL TERMS AND ARE PART OF THIS AGRBBMBNT Pg 4 of 4