HomeMy WebLinkAboutReso 2007-1153
RESOLUTION NO. 2007----Ll.S.3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH ADT SECURITY SERVICES, INC. FOR
INSTALLATION AND PROGRAMMING OF A SECURITY
SYSTEM FOR THE COMMUNITY CENTER LOCATED IN
PELICAN COMMUNITY PARK, IN A TOTAL AMOUNT NOT
TO EXCEED NINETY-SIX THOUSAND DOLLARS
($96,000.00), IN SUBST ANTIALL Y THE SAME FORM AS
THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A";
PROVIDED SAID AGREEMENT IS APPROVED AS TO
FORM AND LEGAL SUFFICIENCY BY THE CITY
ATTORNEY; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THE TERMS
OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City issued Bid No. 04-08-01 for a Security System for the Sunny Isles
Beach Government Center; and
WHEREAS, via Resolution No. 2004-723 the City Commission awarded Bid No. 04-08-01
to and entered into an agreement with ADT Security Services, Inc. ("ADT") for specified security
services; and
WHEREAS, on April 19, 2007, the City Commission approved Resolution No. 2007-1077,
for the installation of necessary equipment at the Heritage Park facility at 19250 Collins A venue; and
WHEREAS, the City would like to extend its current access control system to the new
Community Center at Pelican Community Park, in order to maintain a uniform method of access
control to City facilities; and
WHEREAS, ADT has provided a proposal for installation and programming services, in a
total amount not to exceed ninety-six thousand dollars ($96,000.00), attached hereto as Exhibit "A".
WHEREAS, the City Commission wishes to provide the City Manager with the authority to
enter into an agreement with ADT, in substantially the same form, terms, and conditions as the
Agreement attached hereto as Exhibit "A", provided said Agreement is approved as to form and legal
sufficiency by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Authorization of City Manager. The City Manager is hereby authorized to enter into
R2007- ADT Security Agrmt for Community Ct Pelican Comm Park
Page I of2
an agreement with ADT Security Services, Inc. for the installation and programming of a security
system for the Community Center located in Pelican Community Park, in a total amount not to
exceed Ninety-Six Thousand Dollars ($96,000.00), in substantially the same form as the agreement
attached hereto as Exhibit "A", provided said agreement is approved as to form and legal sufficiency
by the City Attorney.
Section 2. Further Authorization of City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the terms of this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of September 2007.
.' ,
....--'
ATTEST:
, .
~..t\..~
Jane A. Hines, (:MC, City Clerk
AS TO FORM
I IENCY:
Moved by: '1 \ U. y(\~() y T r\ ~ <c.R.
Seconded by: Ct)~ Goo~W\t\IJ
Vote: Y. -() - ,
Mayor Edelcup V(Y es)
Vice Mayor Thaler V (Yes)
Commissioner Brezin !/1Y es)
Commissioner GoodmaR t ~y es)
Commissioner Iglesias_~s~(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- ADT Security Agrmt for Community Ct Pelican Comm Park
Page 2 of2
Sep 18 07 OS:54a
ADT
sss-ssss-sss
p. 1
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;~;:,:~'";~ ADDEND UM TO THE AIlT COMMERCIAl, SALES PROPOSA L AGREE
~<:::::~>," BETWEEN CITY OF SUNNY ISLES BEACH
AND ADT SECURITY SERVICES. INC
lENT
THIS FIRST ADDENDUM TO THE ADT CO:.vIMERCIAL SALES P~OPOSAL
AGREEMENT, executed this /-;i Ih day of September, 2007, is hereby attached to and is made a part of
said ADT Commercial Sales Proposal Agreemcntby and between the City of Sunny Isles Beaqh ("City")
and ADT Security Services, Inc. ("Contractor") a Delaware Corporation The City and Contradtor hereby
agree as follows:
1. CONTRACT TIMES: The installation work to be performed by Contractor must (;0 mence by
September 17, 2007, and be completed no later than October 29,2007.
2. LIQUIDATED DAMAGES: City and Contractor recognize that time is of the esse ce of tbis
Agreement and that the City will suffer financial loss if the installation work is not finished within the
commencement and completion dates specified in paragraph I above. They also recogni e that the
delays, expense and difficulties involved in providing the actual loss suffered by the qity if the
installation work is not completed on time. Accordingly, instead of requiring such proof, tht City and
Contractor agree that as Ijquidated damages for delay (but not as a penalty) Contractor shall pdy the City
Two Hundred and Fifty Dol1m's ($250.00) for each day that expires after the completion date s ecified in
paragraph 1 anove for the installation work. Notwithstanding the foregoing, the City vill allow
Contractor access to the worksite during normal business hours. Furthermore, the City will not assess
liquidated damages for delays caused by power and/or phone outages.
3. TERMINATION:
A. Termination for Cause. Except for the conditions in Paragraph K of the ADT C mmerciaJ
Sales Proposal Agreement, if through any cause within the reasonable control of the Contractor, the
Contractor shall fail to fulfill or otherwise violate any of the covenants, agreements or S~irulations
material to this agreement, the City shall have the right to terminate the services thcn remaiIj1ing to be
performed. Prior to the exercise of its option to terminate for cause, the City shall proviJle written
notification to the Contractor of its violation of the particular terms of the agreement and grant Contractor
tcn (10) days to cure such default. If the default remainil uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and l ther work
product prepared by Contractor (and sub Contracror(s)) specific to thc proje t shall be
delivered to the City upon City's written request and the City shall camp nsate the
Contractor for all services satisfactorily performed prior to the date of termi Jation, as
provided in Paragraph 3 herein.
(i i.)
C. TermInation for Insolvency, The City also reserves the right to terminate the cmalllmg
services to be performed in the event the Contractor is placed either in voluntary or i vo]untal'y
bankruptcy or makes any assignment for the benefit of creditors.
C0607-11J ADT Security Services, Inc. Agreement First AddemJlIm
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Sep 18 07 OS:54a
ADT
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p.2
4. !ERM: This Agreement is for one (]) year and shall begin upon the cxecut on of this
Agreement, notwithstanding any other provision to the contrary.
5. CONFLICTING PROVliSKONS: The terms and conditions in this Agreement
other conflicting provisions that are contained in any other document.
rsede any
XN WiTNESS WHEREOFj the parties hereto have executed this document as f the date
mentioned above.
WITNESSES:
ADT SECURITY SERViCES, INC
\\\J~__ '1Vc\e,
Print Name: ~\"\~ D:.u\~'\;j.
~W
P'i"~ /l1-'M? ~""'"
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BY:
Print Name: (j) C/ ':j)// ';
/:/ ,{..;', jkJ
~A~
Jane Hines, C~C, City Clerk
icipal
ATTEST
CG607-lll ADT Security Services. Inc. Agreement First Addendum
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Re'~. 070207.'
COMMERCIAL SALES
PROPOSAWAGREEMENT
rO~~ ~O'I
CUSTOMER NO. I JOB NO.
To: (Customer Name and Address)
Date
QJ':;nr~nn7
-- -.
~ ADT Security Services, Inc. (" ADT")
. . @ Address: ,ADT Security Servie.es. Inc:.
7747 NW 48tf1 Street
D- 'H30
Miami. FL 33166
Tel. No 786-331-3987 Sales Rep: Andres Falcon Alln:
ADT proposes to install or cause to be installed the equipment and furnish the services indicated herein:
QTY. DESCRIPTION LOCATION (BE SPECIFIC)
r= KG -FClC:US Cad2t, attacK jiiOOf cabinet, ilt~raC1l\ie r;eypae
reef Items In lines c-h (!nClln abo.e pl\g priCe)
aftery 12\/ 7 AH
o NOT USE THIS LINE - RESERVED
o NOT USE THIS LINE. RESERVED
o NOT USE THIS LINE. RESERVED
CO NOT USE THIS LINE - RESERVED
o NOT USE THIS LINE - RESERVED
T:lguarct Digital UL Resl & Ul Comm BU.g
1 i= c<wersupply/Ch2rger t2r24VDC@2.5am s UUCUL fisted
1 attery 12V7AH
2 f cus 200 lnteracttu€ ,.;eypaa
25 f.IM Surfa~e Mount Door Contact (While)
6 ",1M Fuil Circle Cemng Mt PIR 30' Rallul;'6lJ' Diameter
3 <'1M PIR Up To 5O'J!50' Broad
:2 L og range motion det.. slm 80x80x'2oo
Cvertleaa Door Contact Magnet-use W!4r 2371 s
T Jtal for Burglar Alarm 6yGtllm: ~ 14,S08.1
,--
6 2 door expansion l\lt !net KT.300fl28k cc ntrol!er (1), P3'25iSf (2), TR1640P/UL transformer (1)
\J nl1fersale dEvice server (nEtwork lnferfac e to 6erialln!erface RS-232)
1 r. ultl-Functlon communlcallon Interface
11 F QE style Bulton 30Sec Timer
11 .ADT T-REY. exit detector w/tampei,pleZIJ, Imer & 2 relays (packed 12 per carton)1i~ht.
1 PSJCh:arger w/ACM8. Fuse protected out,uts
i S/Charger w/ACl\>'lS InterfaCl? FUG€! prot cted outputs_
4 Battery 12V7AH
1 P ogrammlng and testing
L ,cksmlth Cl1arges are Included In pllC!!
. ustomer 10 provlve two file relaY6- from el. room 1 S!
filor and 6e(:ono reiay at 2nd floor tel. rool fj gym.
T tal for Card Access system: ~ 39,460.0 Page 1of2 I1r agreement
City of Sunny Isles Beac-h
18115 North Bay Road
Sunny Isles, FL 33160
Tel No. .305-792.170'3
Type 01 Transaction
o Direct Sale (equipment to become
property 01 the Customer upon payment
01 Selling Price indicated below in full).
o System to remain property of ADT.
ADT may remove or upon written notice to
the Customer, abandon in whole or in part,
all devices, instruments, appliances, cabi-
nets, 'and other materials associated with
the system, upon termination 01 this agree-
ment, without obligation to repair or re-
decorate any portion of the Customer's
premises upon such removal, and the re-
moval or abandonment 01 such materials
shall not be held to constitute a waiver of
the right of ADT to collect any charges
which have been accrued or may be accrued
hereunder.
Services To Be
Provided
P - Provided
NP - Not Provided
(Circle One)
Central Station Signal P NP
Receiving and Notification Service
o Fire Alarm 0 Hold Up Alarm
o Burglar Alarm 0 Duress
o Supervisory 0 Other _
Direct Connection Service
P NP-
To
Using:
o Digital Communicator
o Leased Line
o Derived Local Channel
o Telephone Charges Not Included
In ADT Billing
Maintenance
P NP
P NP
Inspections
Number per Year
Investigator Response
o Interior 0 Exterior
Supervised/Scheduled
Opening/Closing
Opening/Closing Logging
Opening/Closing Reports
Other
P NP
P NP
P NP
P NP
P NP
" tile Familiarizatioo Period
is i1Ccepted. Customer.
please initial here,
CJ
CJ
Customer acknowledges that: (a) ADT has explained the full range of protection, equipment, and services available
to Customer; (b) additional protection over and above that provided herein is available and may be obtained from
ADT at an additional cost to the Customer; and (c) Customer desires and has contracted for only the equipment
and services itemized on this Agreement.
If Maintenance Service is
dedined. Customer.
please initial here.
For the sum of $ payable
upon acceptance of this proposal and the balance payable upon completion of the installation and as a pre-
condition to activation of the system and, if applicable, connection to central station or direct connection
service. In addition for the service(s) to be provided as indicated above, Customer agrees to pay
$
per annum, annually in advance for a period of five years effective from the date service is operative under
this agreement. After the five years, this agreement shall be automatically renewable yearly unless termi-
nated by either party upon written notice at least 30 days prior to the anniversary date.
ADT shall have the right to increase the annual service charge ~fter 1 year. ,;
In the event of termination prior to tile end of the contrac\ term,'tne Custome(agrees'to,pay, in addi!ion to
any charges for service's'rendered prior to termination, 90% oUhe service charge remaining to be' paid for.
the unexpired term of the agreement <IS liquidated damages (but ;lot as a penalty). '
The Customer agrees to pay, in addition to the service charges above, any false alarm assessments, taxes,
fees or charges that are imposed by any governmental body, telephone or signal transmission company (for
numbering or other changes) or costs of ADT related to reprogramming alarm controls and other devices to
comply with such numbering or other changes relating to the installation or service provided under this
Agreement and to pay any increase in charges to ADT for facilities required for transmission of signals under
this Agreement.
In the event ADT's representative is sent to the Customer's premises in response to a service call or alarm
signal caused by the Customer improperly following operating instructions or, failing to close or properly
secure a window, door or other protected point, or improperly adjusting monitors or accessory components,
there shall be a service charge to the Customer.
Failure to pay amounts when due shall give ADT, in addition to any other remedies, the right to terminate
this Agreement and to charge interest at the highest legal rate on the delinquent amounts. Customer agrees
to pay all costs, expenses and fees of ADT's enforcement of this Agreement, including collection expenses,
court costs, and attorneys' fees. Any installation charge quoted in this agreement is based on ADT perform-
ing the installation with its own personnel. If for any reason this installation must be performed by outside
Contractors, said installation charge shall be subject to revision.
Customer warrants that the c;ustomer: (1) has requested the equipmenVservices specified in this Agreement
"lorJ.~~ own use and not for the benefit of any third party, (2) owns the premises in which the equipment is
being'instalJed or that Customer has the authority to engage ADT to carry out the installation in the premis-
es and (3) will'co~ply with all laws, codes, and regulations pertaining to the use of the ipmenVservices.
;P'
By
Agent
Approved
Authorized Representative of ADT
Form F2881.NL05 (2/00)
CUSTOMER COpy
Customer Acceptance
In accepting this Proposal. Customer agrees to the
terms and conditions contained herein including
those on the reverse side It is understood that they
shall prevail over any variation in terms and condi-
lions on any purchase order or other document that
the Customer may issue, Any changes in the system
requested by;the. Cu.!;tomer af1er,.the execution of
this Agreement 'shali,be paid for by the' Customer
and such changes shall be authorized in writing.
ATTENTION IS DIRECTED TO THE WARRANTY,
LIMIT OF LIABILITY AND OTHER CONDITIONS ON .
REVERSE SIDE: ,
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SignatUre' - ,
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Date
Title
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ThiS Agreement is not binding unless approved in
. wrillng by an authorized Representative 01 ADT. In
the event of failure of such approval, the only liability
of ADT shall be to return to the Customer the
amount, if any, paid to ADT upon signing 01 this
Agreement. '
~ 19.97 A(}'r.~ecuri!.t Services
Rev. 070"i07
COMMERCIAL SALES
PROPOSAUAGREEMENT
Date R/~nnnn7
To: (Customer Name and Address)
~. AD.T Security ser~ic:s, I~C. (" ADT")
.&. Address: AnT Secunty '::;elVlces. Inc.
. 7747 NW48th Street
0-160
Miami. FL 33166
I TOWN NO'1 CUSTOMER NO. I JOB NO.
City of Sunny Isles Beach
18115 North Bay Road
Sunny Isles, FL, 33160
.r~-
Tel. N0786-331h987 S.3les Rep: Andres Falcon Attn:
ADT proposes to install or cause to be installed the equipment and furnish the services indicated herein:
QTY. DESCRIPTION LOCATION (BE SPECIFIC)
2 E: VR 16 Cll, CDRW. 54013B, NTSCiPA .
12 V~ WDR CLR SCtOT\/L NTSe/PAL 3.8-9. MM ,oJ TINT BUB
2 L 0, color. 20" .(801))(500). wlBNe video ( computer Input, NTSCIPAL, raCK mt.
2 Li ,0 Wall Mnt w/.Arm Ii. Lanyard BlIt
10 112" DiN CAM.,54OTVL,iQ..40mm IR ,IN HSG w/MT & SUfIliS...
2 AJ Wall Mount Power Supply- 16 PTe Oltpuis
50 C mnf:c:t!on Device CONNECTOR: B~JC IflALE RGS9 MINI
1 pogrammlng DVMR locally. cu6tomer to piO\I Ide tllVO
6t atle IP Mdresses for remote viewing
C Gtomer IG responsible for all conduit for CeTl/, Card
A :cess al1G Burglar ~Jarm projects.
/
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P ge 2 Qf 2 (if agreement i
I
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.A nual Charges apply for MonltOrlng ami t lalntenan)ie of Burglar Alarm GYotem only.
j
I
FUMIng-Out Clause ./
NotWltMtamllng anj' c0f1trar9' provision Oftillg agreement, eaCl'1 payment obligatlon oftile
city cremM by Ulls agreement 16 .::ond~'on6J upon availability of nlll\lS that are appropriated or
allocated for such payment If such run lare not allocated and <lliallable. this agffiement may
be terminated oy tile city at the eM Oy'fte perlOd for whlcn fuMS are ava!labl~. Tlte city
snail noury AnT seCurity Sef11ICes,I,i1c. at the E!.arllest possible tlme., betore such terrglnatlon.
No p~nalt, sl1all accrue to the cllyln th el1ern tltls provision is exercised. and the city 511all not
be Obligated or !lable for any future pa~ments due or for any damages ;;j; a resu!i of termination
u Me r tills section.
T tal for eCT\! System ~ 38,941.00
Thls !s a one year agreement. - his Yt1arly agreement Is not automatically
renewable and customl;!r II:; to notlfy ,AnT In writing I1they wISh to reflew or
cancel
r--
Customer acknowledges that: (a) ADT has explained the full range of protection, equipment, and services available
to Custorner; (b) additional protection over and above that provided herein is available and rnay be obtained from
ADT at an additional cost to the Customer; and (c) Custorner desires and has contracted for only the equipment
and services itemized on this Agreernent.
For the sum of $ 93.209 payable 50%
upon acceptance of this proposal and the balance payable upon completion of the installation and as a pre-
condition to activation of the systern and, if applicable, connection to central station or direct connection
service. In addition for the service(s) to be provided as indicated above, Customer agrees to pay
$ 1 ?15
per annum, annually in advance for a period of five years eflective from the date service is operative under
this agreement. After the five years; this agreement shall be automatically renewable yearly unless terrni-
nated by either party upon written notice at least 30 days prior to the anniversary date.
ADT shall have the right to increase the annual service charge after 1 year. _. . . _.. '.
In-the event of t\'lrmination prior tiith-e end of the contract term, iile Customer ,!grees to.pay, in.addition to
any charges tor services rencjered prior to termination, 90% ot the service chartl~ remaining to b!l paid for
the unexpired term of the agreement as liquidated damages (but not as a penalty). !
The Customer agrees to pay, in addition to the service charges above, any false alarm assessments, taxes,
fees or charges that are imposed by any governmental body, telephone or signal transmission company (for
numbering or other changes) or costs of ADT related to reprogramming alarm controls and other devices to
comply with such numbering or other changes relating to the installation or service provided under this
Agreement and to pay any increase in charges to ADT for facilities required for transmission of signals under
this Agreement.
In the event ADT's representative is sent to the Customer's premises in response to a service call or alarm
signal caused by the Customer improperly following operating instructions or, failing to close or properly
secure a window, door or other protected point, or improperly adjusting monitors or accessory components,
there shall be a service charge to the Customer.
Failure to pay amounts when due shall give ADT, in addition to any other remedies, the right to terrninate
this Agreement and to charge interest at the highest legal rate on the delinquent amounts. Customer agrees
to pay all costs, expenses and fees of ADT's enforcement of this Agreement, including collection expenses,
court costs, and attorneys' fees. Any installation charge quoted in this agreement is based on ADT perform-
ing the installation with its own personnel. If for any reason this installation must be performed by outside
Contractors, said installation charge shall be subject to revision. ,
Custorner warrants that the Custorner: (1) has requested the equipmenVs~rvices specified in this Agreement.
for its own use and not for the benefit of any third party, (2) owns the premises in which the equipment is
being installed or that Customer has the authority to engage ADT to carry out the installation in the premis-
es and (3) will cornply with all,~es, and regUlati6n~;pe. ~aining ~~e us!'! of the equipmenVservices.
By '/-,/ /:-'/ //,0'.- ;:e;' //'1'/
Agent
Approved
Authorized Representative of ADT
Form F2881-NL05 (2/00)
CUSTOMER COpy
Tel No -305-7~-1709
Type 01 TranNCtlon
.P'i>irect Sale (equipment to become
property 01 the Customer upon payment
of Selling Price indicated below in full).
o System!o remain property of ADT.
ADT may remove or upon written notice to
the Customer, abandon in whole or in part,
all devices, instruments, appliances, cabi-
nets, and other materials associated with
the system, upon termination of this agree-
ment, without obligation to repair or re-
decorate any portion of the Customer's
premises upon such removal, and the re-
moval or abandonment of such materials
shall not be held to constitute a waiver of
the right of ADT to collect any charges
which have been accrued or may be accrued
hereunder.
Services To Be
Provided
P - Provided
NP - Not Provided
(Circle One)
Central Station Signal 0- NP
Receiving and Notification Service
o Fire Alarm 0 Hold Up Alarm
o Burglar Alarm 0 Duress
o Supervisory .D'Other _
Direct Connection Service
To
P~
Using:
DDigital Communicator
o Leased Line
o Derived Local Channel
o Telephone Charges Not Included
In ADT Billing
Maintenance
I ~spectjons
Number per Year
Investigator Response
o Interior 0 Exterior
Supervised/Scheduled
Opening/Closing
Opening/Closing Logging
Opening/Closing Reports
Other
(!V NP
'p (N,~
P@>
P ~~
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P (NR
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P (N~
pe
" the Familiarization Period
is accepted. Customer.
please inrtial here
CJ
CJ
If Maintenance Service is
dedined. Customer.
please inrtial here.
Customer Acceptance
In accepting this Proposal. Customer agrees to the
terms and conditions contained herein including
those on the reverse side. It is understood that they
shall prevail over any variation in terms and condi-
tions on any purchase order or other document that
the Customer may issue. Any changes in the system
requested by..the. Customer after the-execution of
t~iSi Agreemen'ts,ha". be pai9 for by t~e C;ustomer<
and,!such changes shall be authorized in'writing '.
ATTENTION IS QIRECTED TO THE WARRANTY,
LIMIT OF L1ABILliTY AND OTHER CONDITIONS ON
I:
REVERSE SIDE/ i "-
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Date
ThiS Agreement is not binding unless approved In
writing by an authorized Representative of ADr In
the event of failure of such approval, the only liability
of ADT shall be to return to the Customer the
amount, ifariy, paid-to.,ADT upon signing of this
Agreement.
@ 1997 AJ)T Security Services
TERMS AND CONDITIONS
A S.onal Rer.eiw.o and Notilir,;,tion SeN'ce shall be provid€d by ADT .1 tn. re'll:r.;<i side 01 thIS ~rooment includeS a charge tOt S.gnai Re<:t!ll1no and NOlrtic:llion SoNica and '" the MIll an alarm signal tllg.~ ill ADT's
('.entr.! St.1;on. ADT shall en;Mavor to notify tl1e appropriate PoI.ce 01 Fire Oepartmtnl and the desionall!d rep!1lSentati\le cline Customer. In th. event a buro!ar alarm "onal or tire s.onal reoisters al ADT's C<lntf1l1 Station. ADT at .t:;
soje discretion. may endeavor to Cllntact the Customer's prem.ses by telephone to "'riIy Ihallh<! alarm is not talsa. failing to cootoct the Customer promptly Of Questionino the nature of the responSll rtlu!ved upon soc/1 contact. ADT
shall endeavor 10 notify the .ppmpri.le Police Oepartment or Fir. Oepartment. In 11m event" supervisory signal or !rouble ,ignal registers at AOT', Central Stalion. AOT shall endeavor to nolify promptly the
d.signated representative 01 the Customer.
In the event ALARM VERIFICATION SERVICE ;s being lumished. it is mutually understood and agreed that equipment is being installed whith. as to certain loeations in the premises. win rcquirn th4 activation of
two sensing devices. or a .econd activation 01 a single alarm sensor. 01 a cor,linuous alarm ""enl from a single sensor, in order lor an alarm signal to be transmitted.
11 is mutually agreell thaI the Customer assumes full responsibility tor Ihe operation 01 any and all bypass or switeh units provided for disconnecting or reconnecting the alarm soundi"llllll<l/or transmil1i"ll
eQuipmenl at Customar's premises.
The Customer repreSl'ms that any vault to be protected by AOT horeundm by sound or vibralion dot.clor Irfslems has the minimum construction character"tic; presl;libed by the Undmwritars' Laborarorill$. Inc.
The Customer agrees to t..t any ultrasonic, microwave. capacitance or otOOr eleC1ranic fXIuipment designated on the Schedule of Prolection prior to setting the alarm system for closed ""nods. according to
plocedUf.s plescribed by AOT. and to notify AOT promptly in the event that such equipmtnt fails to respond to the ttlZt.
If Customer ha. agreed o. tho reverse side 10 . 5 do, familioriulion P.riod following COlllJllelion ot inslaltation, aod il needed an ..tensio. poriod, for Customar to baeoma familiar witb ma systom
operation. man duriog tbis Familiarization I'.riod Cbslomer .oraos tb.t in the ...nl aoy signal {indudioo an el.rm sig.all of .'Y 'alur. r.gi.t... .t AOT'. ca.tral station, AOT tball not: raspond 10 O'Y
signai., ".daevor to nOlily the ""morities, Customer or C"slomai's dasign"lad reprasant.ti.., or undartoka any ollr.r action with rooard to any .ignm, wIle"'ar or not due 10 an aelUal emerooncy evonl.
Communication Feciities - A. AUTHORIZATION - Customer authorizes ACT to moho requII'Sts for information, sllIVice, mOOn or equipmflf11 in III1Y mp<lct on behelf of Customf1 to e tdephone company (too
"Telephone Company") or other entity providing fecilititlS or services for transmissi1ln of signals under this AglrlOmflf11. B. OIGfTAl COMMUNICATOR - n connection to 11m ACT Central Station is to bo by
Digital CommunicaJor, the Customer agrees to provide ~ conn&ction via U legistered telephone jack to a taloph4ne channm requiled !or tha ADT equipment. Such connection shall be eloctrically first bafuro any otlla
telephone or Customer eQuipmflf11. and shall be within 10 foot of tho AOT Control Panni. 1I mquasted by the Customel', ADT shall plovido suth connection at 11m cost of thG Cu.tomer. The Cutlomor understllll<ls ttat
if a digital communicator is installtd under this AgroomRnt, it USIlS standard talnph4ne lines as the Irflf1smi~sion made of sending signals and lliiminllles thG need for dadicaled talepOOIl3 lociliti3s and th4llage cost
increuus frequently imposed on such facilitill$. Customer also uRdernllluda tbat ADT does not receive lipoiD Meo tile IreRami.oien mer:lo is or beumos RflR-olIsrntioRolsRd tbat aionels from
tbo digillll communicater connot be reeoived if tllo trsneminisn modo ia c\lt, iiltsmrod witb or otllerwiso Oalmgod. C. OERIVED LOCAL CHANNEl - The facilitiet and slIIVicos PIOVided by too
T slephona Company, in connection with tM sllIVicas tn be provided 10 tbe Customer harsundllf, include whm is a_ally d;tstribed as Oerived local Channel st!IVica (and which may be provided undor 3p<lCifu; st!IVico
marns or slmlice namas of individual Telephone Compeniesj. Thoss lacilities a.d selVices ralats to the provision of lines, sitlncl plltlts. sClll\ning and troosmission. Th4 Cullomllf agran that the liability of too
Telephone Company is limited in accordance with, and the Telephone Compony may invoke. rha provisions of Paragraph E 01 this Agr..me"l. O. RADIO INTERFACE. If connection to the AOT Central Slation
is to be by any radio frequency method, .uch as cellular or privaw radio. then customer understands due 10 the very nature of radio waves that there may be times when the system is unable 10 secure.
maintain or retnmsmit an alarm signal aod, thus, Hm utHizatiofl of an additional communications means is H'!comnHJ:fH1ed.
B. Warranty: If direct sale is indit3ted on the reverse side. any part 01 Ihe system, induding the wiring, installed under this Agreement which proves to be defective in mat."al or woillmansh.p wrthm nmel'(
(SO) days ot too date 01 completion 01 iIlstallation wlli be rapaired or replaced at AOrs option with a n1lW or functionally op<lflltive par!. Labor and mmlllial required to repair or replace such datactwe components will
be free 01 charge fOI a p<lflod of niflllly {gO} days following the complatilm of 1M original installlltion.
This Warranty does not apply !o tho conditions listod below and in the event Cuslomaf calls AOT for service under the Warranty and upon inspetlion by ADT's representative it is fourid tbal one of these condilion.
has led 10 too inoperability or appar.nt inop<lr~bilily 01 the 5yslem. a charge will he made for the service call of AOT's representative whether or not he actually works on the system. Should it actually he necessary to
make repairs to the system due to O,le of the "Conditions" not covered by Warranty. a charge wi!! be made for sllch work at AOT's then app;,cable rates 1m labor and material. Service will ba lurni.;hed by ADT during
ADT's normal working hours of 8:0n A.M to 4'30 P.M.. Monday through Friday. except holiday'.
CDnditions not covered hy Wananty: Al Damage res"lti"g from accidents, acts 01 God, alleration. misuse. tampering or abuse. 8) Fa.lme of the C"slome. to properly follow operating instructions pmvided by AOT
a1 lima 01 inslallation or at a later date. C) Adjustmenls necessitated by mrsaligoment of CCTV cameras. .mprop.. adjustment 01 monitor o"ghtne" and contrast tuniog dials or insutfitientlight on the area viowed by
the camera{sl. 01 Trouble due to inte,ruption of commarcial power or to the phone serv.ce
THE FOREGOING WAflllANTY is 11\1 liEU Of All OTHER WARRANTIES, EXPRESS OR IMPliEIJ, INCLUDING, BUT NOT llMlntl TO. ANY IMPliEll WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND All LOSSES ORllAMAGES RESUlTING
FROM ANY CAUSE WHATSOEVER. INCLUDING AOrs NHHIGENCE. SHAll BE REPAIR OR REPLACEMENT AS SPECIFIElJ ABOIIE. AOT SHAll IN NO EVENT liE LIABLE FOR ANY
COfllSEllUENTlAL OR INCIllEI\ITAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSOfolAllNJURY OR DAMAGES TO PROPERTY ANO
HOWEIIER OCCAStONED, WHETHEIl ALLEGED AS RESUlTING FROM IlREACH OF WARIIANTY Oil CONTRACT !lY AIlT IlR NEGLIGENCE OF ADT OR OTHERWISE.
C. Maintenanco - If the reverse side of this agreemeot indicates this ,ervice is being provided, ACT wal, upon Customer's request provida ordinary meintenance 8nd repair of such system due to normal
wear and tear ana hear too expense thereol. The eXp<lns. of oil extraordinary mamtenance and repair due to alterations mthe Customar's promises, alteralions of the system made at the request 01 the Customer. or
made necessary hy changes in Ihe Customer's premises. damage to the premises or to the alarm system, or to any cause hlrfond the control ot A01. shall be home by the Custom,r. The Customer agrees to furnish any
"ecessary electric current thlough the Customer's meter arid at the C~stomer's own expenso with an outlet within 10 feet of tbe ADT Control Panel. 1\ is mutual~. agreed that lhe work ot in.tallation aod AOT's repairs
of Ihe SYSto,'l shallila perfnrrned betwee" ADT's normal working ho"rs 01 8:0n A M. to ~:30 P.M" Monday through Friday. .".pt holidays.
EXCLUSIONS: Mainlenance on the foil0winq devices wil' be provllled cnly on a time and material basis: (I} window loil. (2) security screens. (3) any e,terior mounted dev,ces. (4i PROM (programmable Read
Dilly Memory). (51 Conditions not covered by warranty listed above in pa,agraph B
It is understood and agreed "'ot /,OT S obligafior relate, to the mamtenance solely of Ihe >pecihc pmtertion system. and Ihat ADT is in 00 way obhgated 10 maintain. repan. serv.ce. replace. operate or as;",. the
oporalion of any device 0' device, 01 the Cllstomer or of elhers not installed hy ADT.
If nol contracted lor before Ihe e'piration nf the Warrant)'. ADT will enter Into a Maintenance Service Contract only alter inspecting the syslem and makmg any necessary ..pa", or replacements to the system al
a charg.. to the Customer lor labor and/or matena! at AUT's then prevailing rates
INSPECTIONS - AOT wlil provide the uumber 01 inspections 01 tile Alarm system only as specified on the reverse s!de of this Agreement hetween AnT's normal wor.iog hours of 8:00 ~.M. to 4:30
PM., Monday through Friday, except holidays 311d subject to the exclusions set forth above for rnaintenance .
o If INVESTIGATOR RESPONSE SERVICE is being furnished a~ indICated on the reverse stde. the levels available are as follows'
Lo'"II....- hl.rior In"SliO.lion: Upon rece.pt Jf " DUlg1al alarm Signal from the Custome" premises. AOT, m add.tin:t to nlilify;ng Ibe Polica Department as ind,cated <lbove will endeavor to notify the
Customer's (J€signatea represerllal\i~ and also emJeavor to dIspatch 2 representative to the Cuslorne(s p~e!'!H5eS The representative will mo~e an investigation d the eX1t?Pl)f 01 the p(~mlsei; from nl$ vehicle Althe conclusion :)f the
repiesental!';IC's Invest!Q2linr'J. ,'~H wj!i f](Wfy 1rle Customer's oeslgnated representati'll! 01 tOt results of It'le li"1vestigJtior.
level iI-lnl,r!"f' Investigatloo: Upon receipt of a Dl.nJ1ar 3!arrn signal from tre Customer S pll'mlS€S. ADT. In addition to nOlrfylOg the po(ice department as indlCi.!ted abOve. wlii enoei!vor 10 OiSPiHCh a
re~JreSe(113t!Ve 'ft1e fepre:'enlahve will LonduU an ex1enor ilwestifniiWl 2nd then enter the CustcmBr"$ premises wiHl K{>YS whlCh musl h(; PfOvided hy the Customer and ma.ke an mterior m<lI?S1fgijtion. Her/mver. It there I;)
evidence of a1i altac~, It)!, AUT representative wl!l terrninate h6 irrvi':stigatiGfl untillh€ poilU: anl'l€ Tr,e Customer's representative will then b€ noHietf It tner€ has been an attack Othe:'W:~e a nntice of the alarm will b€ left at the
control unit.
For elther lev", of mvesligali"ri. the C"sla,ner aotho"1" and dlfects AOT to cause the arrest of any p<lrson or pmsons unauthomedlrJ .nter his premises and to hold him or them until released by the CuStOOler or
a., authoriled bown representative. and In slIch cases to mdamfl!1y AOT again't any liability. cost er .,!>""'" in consequeoce of slleh alles!.
lithe Custom.r requesls lIlal the Am Representet;ve 'amain at the premises pending Cusiomers arrival. and ADT agrees to comply. th, Customer will be charged at ADT's then prevailing rllte 10. labor.
E. IT IS UNOERSTOOO THAi AOT IS NOT AN INSURER, THAT INSURANCE. IF ANY, SHAlll.lE OIlTAINED IlY THE CIlSTOMER AND THAT THE AMOUNTS PAYABI.E TO ADT
HEIlHlI\IOER ARE BASED UPON THE VAUlE Of THE SER\lICES All[) THE SCOPE OF liABIlITY AS HEREIN SET FORTH AlW ARE UNRElATED TO THE VALUE OF THE
CUSTOMER'S PROPERTY OR PROPHfrv OF OTHERS tOCP.TEll IN CUSTOMER'S PREMISES. CUSTOMER AGREES TO LOOK EXCLUSIVelY TO CUSTOMER'S INSIlR!':R lD
RECOVER FOR INJURIES all DAMAGE !1'4 THE EVENT Of ANY LOSS ORINJUflV ANO RElEASES MID WAIIIES ALL RIGHT OF RECOVERY AGAll'JSr AOT ARlSltJG BY WAY Of
SUBROGATION. AOT MAI<H NO GlJAllt.lUV OR WAIiRAIHY, INClUDING ANY IMPLIED WARRANTY OF MERCHANTAI.l!lm OR FITNESS, THAT THE SYSTEM OR SERVICES
SUPPLIED, WIll AVERT OR PFtEVFfH OCCURRENCES OR THE CONSEGUEI\lCES THEREFROM, WH!CH THE SYSTEM OR SERVICE IS OESIGI'i!EO TO DETECT. IT IS IMPRACTiCAL
AIlD EXTREMELY DIffiCULT TO FIX TIlE ACTUAL OAMAGES, IF ANY, WHICH MAY PROXIMATElY RESULT fROM FAILURE ON THE PART OF AOT TO PERFORM AIllY OF ITS
OBLIGATIONS HEREUNDER. THE CIJSTOMER DOES NOT DESIRE THIS COfilTRACT TO PROV!!!E fOR FIlLl WIGIUTY Of lUll MiO AGREES THAT AOT SHALL BE EXEMPT FROM
LIABILITY FOR lOSS, DAMAGE DIl INJURY DUE OIRECTi. Y OR INOIllECn Y TO OCCURRENCES, OR CONSEQUENCES THERefROM, WHICH THE SERVICE OR SYSTEM IS
OESIGNEO TO DETECT OR AVE liT; THAT IF ADT SHDULD BE fOUNO liABLE FOil LOSS, DAMAGE OIlI~JlJIlY DUE TO A FAILURE OF SERVICE OR HlUIPMEI'H IN ANY RESPECT,
ITS LIABIlITY SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $I,OI111, WHICHEVER IS GREATER. AS THE AGREED UPON DAMAGES AI;lO
NOT AS A PENALTY, AS THE EXCLUSiVE REMEDY; AND THAT THE PROVISIONS OF THIS PARAGIlAPH SHALL APPLY IF LOSS, DAMAGE OR INJURY. IRRESPECTIVE OF CAIlSE
OR ORIGIN. RESULTS flIRECr! Y OR iNDIRECTlY TO PERSON OR PROPERTY FIlOM PEllfORMANCE OR I;lONPERfORMANCE OF OBLIGATIONS !MPOSHl BY THIS CONTIlACT Oil
FROM NEGliGENCE, ACTIVE OR OTHERWISE, STIlICT UABIUTY, VIOLATiON OF ANY APPUCABlE CONSUMER PROTECTION UiW OR ANY OTHER ALLEGED fAun ON THE PART
OF ACr, ITS AGENTS OR EMPlOYHS. NO sun OR ACTION SHAll BE BROUGHT AGAlrJST ADT MOllE THAN ONE (1) YEAR AFTEIl THE ACCRUAL OF THE CAUSE Of ACTION
THEREfOR. IT IS FURTHER Il.GREEU THAT THE lfMITATIONS ON UABIUTY, EXPRESSED HEREIN, SHAll INURE TO THE BEWHIT Of Ar,JD APPLY TO ALL PARE~TS (BOTH
DIRECT AND INOIRECT1, SUBSIDIARiES AND AFFILIATES OF ADT. IF THE CUSTOMER DESIRES AOT TO AS!WME A GREATER UABlUTY, AOT SHALL AMEI\IO THIS AGREEMH1T
BY ATTJlCHING A P.IOEIl SETTING FORTH THE AMOUNT Of ADDITIONAL UAB!LITY AND THE ADDITIONAL AMOIlNT PAVABlE BV IHE CUSTOMER FOR THE ASSUMPTION BY
AOT OF SIlCH GREATER LIABILITY PROVIDED, HOWEIIHI, THAI SUCH IIIDER ANO AOOlTlOPilAL OBLIGATION SHAllll\lNO WAY BE INTERPRETED TO HOLO AllT AS AN
INSURER II'il THE EVEIlT ANV PERSO!\!, NOT A PARTY TO THIS AGRHMH1T, SHALL MAKE ANY CLAIM OR FILE ANY lAWSUIT AGAINST ADTIIii ANY WAY REUiTING TO THE
EQUIPMENT OR SERVICES THAT ARE THE SUBJECTS OF THIS AGREEMENT, INCLUDING FOR fAILURE OF ITS EQUIPMENT DR SERVICE 1111 ANY RESPECT, CUSTOMER AGRHS
TO INDEMNIFY AND HOlD ADT HAIlMLESS FROM ANY ANI.' AU SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND
ATTORNEYS' fEES. IF THIS AGREEIliIHIT PROVIDES fOR A lJlRECT CONNECTION TO A MUNICIPAL POLICE OR FIRE DEPARTMENT Oil OTHER ORGANIZATION, THAT
OEPARTIIIEr.1T OR OTHER ORGANIZATIllN MAY INVOKE THE PROVISIONS HEREOF AGAINST ANY CLAIMS BY THE CUSTOMER DUE TO ANY FAiLURE OF SIlCH DEPARTMEIiIT OR
ORGANIZATION.
F. In lhe event I/,TRUSION DETECTION SERVICE d. WA TCHMAN'S REPORTING SERViSE is furnished under th,s Agreeme"t. the service w.1! be prov.dpd In accordance woh AllT's FORM NUMBER 831 0'
839. which shall be attacl1ed to and mad. a part of this Agreeme"' .
G. IF CCTV EQUIPMENT!S INVOLVED. Customer will prov",e ,de4l!are illuminatIOn under all operational conditions for the proper operation 01 the closed circuit television came,a and wrll provide the 110 AC
power supply where required as well as shelf or desk space lor momtors
H. A Direct Connection 10 the Municipal Police Fire Department o. olher Agency shown sha!! be provided it the reverse side of thiS Ali.eement p,""des lor such di.ect con"ect service.
It is mutually understood and agreed that signal, transmi11ed hereunder wiii be monitored in Municipal Police and/or fire Oepar1ments o. other localion and that the personnel of socii Municipal Pol.ce and/or f're
Oepartmonts or other location are not the agents 01 AtJT nor does ADT assume any responsibility fm Ihe manner in which such signals are monilored 01 the response. ,I any. to such signals
i. 1\1 AOT's option, lile Cuslomer may b. charoerJ lor any false alarm caused bv the Customer or for any unnecessary servIce run.
J. CANCHLAHON.--II Cent.al Station or 0",,1 Connection is f",n,shed. Ihls Ag,eement may b. telmmaled al the optIOn of AOT ij ADT's Cenlral Station IS substant.ally damaged by lire or calastrophe. or ,f
ADT is unable to have connections Of privileges nBCll$Sary to transmit signals between Ihe Customer's p..misas. AOT's Central Station o. tha Municipal Fire or I'olite Department or other agency end AnT she" not be
!tabl. for any damages or subjecr 10 any penally as a result ot such termioatlon.
it.s understood and agreed that this Agreem.nl may be terrnmatec by ADT m the .v.nlthal the Customer falls tu follow any recommendallOns AnT may ma.. for the repair or rapiacement 01 delectlve pans 01 hIS
system no! covered under the Warranty 01 Maintenance Service COWan or ;n the event thai tit. Cuslemer's latiur.to lullow the operat,"" insfruclions provided by ADT results m an undue number 01 false alarms o. rf
Ihe premises in which th. system is installed are so modified or altered alter instollation as to lendar continuation of service impract.cal.
K AUT ASSUMES NO LIABILITY FOil DELAYS In INSTALLATION Of THI' mUIPMI'NT OR FOR THE COItSEOOUICES THEREFROM. HOWI'VER CAUSED. OR FOR IIlTERRUPTlO/JS Of SERVICE OR FOR
TI1E COrlSEOUEIlCES THEREfROM DUE HI STRIKES. !lIllTS. HIl!ltlS. ACTS Of GOO OR AllY CAUSES BEYOND THE ClJllTROl OF AOT. MiD WlllllOT BE RElllJlREO TO SUPPLY SERVICE TO THE
CUSTOMER WHILE IIHERRUPTIOIl Of SERVICE DUE TO AllY SUCH CAUSE SHAll CONTINUE.
L. This Agrooment is not assignable bv the Customer except upon written consont 01 !lOT first being oiltained ADT shall have the right to assign this agreement or to subcontract any 01 it. obligations under thIS
agreement without notice ~n Customer. .
M. If any of the provisions of this agraemenr shall be determined to ile lOvalid or unenforceable. th' remaming prOVisions shall remain ;n lull lorce and effect.
N. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN TIn CUSTOMER AND MT. IN EXECUTING THIS AGREEMENT. CUSTOMER IS NOT RHYING ON
ANY ADVICE OR AD\lERTlSHi\EiIIT Of AOT CUSTOMER AGREES THAT ANY REPRESENTATION. PROMISE, COtUIIllON, INDUCEMENT OR WARRANTY. EXPRESS Oft IMPlIEO,
NOT INCLUDED 111I WRITiNG IN THIS AGREEMENT SHAll I\IOT IH !lIN!lllHi UPON ANY PARTY, AId!) THAI THE TERMS ANO CONlJlTIONS HEREOF APPLY AS PRINTED WITHOUT
ALTERATION OR QUALIfiCATION. EXCEPT AS SPECIfiCALLY MODIFIED IN WRITING. THE TERMS AND CONOITIONS OF nllS AGREEMENT SHALL GOVERN NOTWITHSTANDING
ANY INCONSISTENT OR AO!llnOI\lAl TERMS AND CONOITIOIIISOR ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMtnEO BY THE CUSTOMER.
I ")97 A j) r S{'t:uri; '\ ....~'f \ i.."('i
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edeleup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Edel Fonseca, Information Technology Director
fU)~
Priscilla Walker, CMC, Deputy City Clerk
September 25,2007
Ratification of Agreements for Pelican Community Park Recreation Center
At its regular meeting of September 20, 2007, the City Commission ratified the following
resolutions for services at the Pelican Community Park Recreation Center.
Resolution No. 2007-1152
Resolution No. 2007-1153
Resolution No. 2007-1154
Ratified Agreement with AT&T/BeIlSouth.
Ratified Agreement with ADT Security Services, Inc.
Ratified Agreement with Audio Visual Innovations.
Originals/Copies of these agreements have already been provided to the vendors and your
department.
Thank you.
/pw
cc: Anice Paul, Finance Department Administrative Assistant (w/attachments)
At&T, Adt, & A vi Agrmts (pelican Park) Approval Memo