HomeMy WebLinkAboutReso 2009-1423
RESOLUTION NO. 2009-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
MAINTENANCE AGREEMENTS WITH ADT SECURITY
SERVICES, INC. FOR SECURITY SYSTEM MAINTENANCE
AT THE GOVERNMENT CENTER AND PELICAN
COMMUNITY CENTER, IN A TOTAL AMOUNT NOT TO
EXCEED TWENTY-EIGHT THOUSAND EIGHT HUNDRED
SEVENTY -FIVE DOLLARS ($28,875.00), A TT ACHED
HERETO AS COMPOSITE EXHIBIT "A"; AUTHORIZING
THE MA YOR TO EXECUTE SAID AGREEMENTS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City issued Bid No. 04-08-0 I for a Security System for the Sunny Isles
Beach Government Center, and on October 14, 2004, via Resolution No. 2004-723, the City
Commission awarded Bid No. 04-08-0 I to and entered into an agreement with ADT Security
Services, Inc. ("ADT") for specified security services; and
WHEREAS, on September 20,2007, the City Commission approved Resolution No. 2007-
1153 extending its access control system to the Community Center at Pelican Community Park, in
order to maintain a uniform method of access control to City facilities; and
WHEREAS, the City is now in need of maintenance service of those systems and ADT has
provided a proposal for these services, in a total amount not to exceed Twenty-Eight Thousand Eight
Hundred Seventy-Five Dollars ($28,875.00), attached hereto as Composite Exhibit "A".
WHEREAS, the City Commission wishes to enter into Maintenance Agreements with ADT,
attached hereto as Composite Exhibit "A", in a total amount not to exceed Twenty-Eight Thousand
Eight Hundred Seventy-Five Dollars ($28,875.00), for maintenance of the security systems at the City
facilities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Maintenance Agreements. The City Commission hereby approves the
Maintenance Agreements with ADT Security Services, Inc. for maintenance services ofthe security
system in the Government Center and the Pelican Community Center, in a total amount not to exceed
Twenty-Eight Thousand Eight Hundred Seventy-Five Dollars ($28,875.00), attached hereto as
Composite Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to do execute said
Maintenance Agreements.
R2009- ADT Security Maintenance Agrmt for City Facilities Page I of2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21st day of May 2009.
ATTEST:
~f\~
Jane A. Hines, CMC, City Clerk
Moved by: \j l U. v'Y\Cl.tJV"Tt\itLCC~
Seconded by: ~~ Gco~~
Vote: ~-{)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
v (Yes)
V(Yes)
----0Y es)
~Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- ADT Security Maintenance Agrmt for City Facilities
Page 2 of2
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AD!" _ TMllI'
ADT SecUfity Services. Inc.
TOWN NO. ICUSTOMER NO JOB NO. PO NO. ESTIMATE II
0149.MIAMl. Fl 114942214 14 1-75VNOZ
COMMERCIAL SALES AGREEMENT
DAlE 5/1212009
ADT Security Services, Inc. ("ADT")
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
City of Sunny Isles
d/b/a:
Herein after called (MCustomer")
18070 Collins Ave.
Miami, FL 33160
Al1n:
Tele. No. (786) 251-6171 Tele. No. (305 947-o6<l6
ACT 10 install Equlpn1Ontal\d umIsh the ServlO8(') (collectively. \he .Syslem") naco1ed Inll1ls Agreement
20 - CIlslomer Owned
ent to become
of \he Cuslomer
em 01 Selin Pr1Celndiealed below In '''' .
Dired Sale e
Custom.r ag_. to pay the SLm of $0.00 ("1nstaaatloo Charge") Nth $ payallla..,on aceepla"".
01 Ibis Agreem.nt ["lnstalatlon Charg. Oepostt") plus any applicable 'Fe..- and sale. ....... ADT
may Involce Cuslomer lor progress bllllog. based upotI Equipment IndlDr Syst.m components
delivered or SIOltld. Incllor Services performed tlelDre comp1ellon 01 \he Sysl8rniElllJiPl11eOI
nstalloaon. Ictlvatlon 01 \he Syst.m, COMedlon 10 Ihe CMC. 01 Iny olher S.rvlce(S). Aa ouIslandlog
Inslaaatlon Ch.rg.. .""'or F..s shall be due erld p.y.ble upoll compIellon 01 \he 1ns1.llatlon ot tho
Equlpm.nllSyslem arid IS a precondiijon 10 actlvaUon 01 System and, W appllcabl., COMOcllon to
AOrs Central MonItomg C.nler rCMC") or .ny oll1Ot S.rvlce(s). Follhe S_(sl provided as
Indlcaled abov.. Cuslomer agre.s to pay ..rvice charges In the amount 01,10,200.00 per lMum
(\he 'Amuat Servlc. Cherg."). payable In advonce plus .ppllcabl. state a""'or IocaIIax(.s) for 1
year(s) (Ihe 'Inlllal T.nn") .ffecl1v. lrom \he date such Servic. Is oper.llv. under this Agrumenl
UntR Cuslomer has paid ACT u.. Inslallallon Chargo arid F... in loll. Customer grards to AOT a
seeunty Inte",st In the EqUpment arid en proc..ds !he...o! to seeur. such payrnom. Aft.r tho Initial
Tlrm this Agnoomenl shea aulomallcolly IGnow on 0/8'1 Annual baslo unI.ss I.nrinated by IUhor
pal1y upon writt.n nod.. .11e.st 30 days prlor to \he an.lvlrollY dal.. ACT shan have !he right 10
ncIGase Annual Service Cha~(s) aft" 1 year. For \1Inn\nallon prlor 10 the erld oIlho Inlllol Tlnn.
Cuslom.r .9",es 10 pay. In .ddltion to any out.la~ F.e. end charges lor Service(o) ren<le",d
prior 10 tonnlnatlon, ~ at !he Annual Se/Vice Charge(S) ......lnIog Ie be paid for lhe unexp/"'d
term 01 the Ag",.ment as ftquldat.d damages but ooI.s. penalty. Additionally. Cuslom.r "9- 10
pay any as..ssments. IIxas. lees or charges Imposed by .ny gov.rnm.ntal body, lolaphone.
communlcallM, or Slgnollransmisslon company such as Ialse alarm, p.rmltting ot connocIlon I....
0' tees related to reprogramming atarm controls or other devices to comply wfth area ~e. signal
tl1ln.rrisslon, numb.ring or ol1or changos relallog 10 lhe Inst.lled Equlpmenl and/or Servlce(.)
providod und.r this Ag",omonl (c;onocllvely. 'Fo.s').
There may b. a s.rvlc. charg. 10 Custom.r lor ca"""l.d 1n.1ai1a1l0.....rvIc. oppoIrtments r
Cuslomor canc.l. less than 24-hou1s prior \0 dispalCh. or U ADrs .."",sentativo Is s.nt to the
Custom.(s premls.s In response 10 a service caa lor Ials. alann or System mati\.Olcllon caused by
Cusloma(s operallon ContlllIY to (nslruc'lons, l.llure 10 clos. or prcp""y securo . _, door or
olh.r protected point. or Improper .djustment 01 ITlO!1UDrs or accessory components.
Fallurw 10 p.y .mounts .....n due shaP give ADT. In addition 10 any oth.r avallabl. rem.dle" the
Ilghtto t.nnlns" thi. A9">.""" and \0 charge inlare" at the Nghesl legal ral. on delnquonl
amounls. Customer agrees to pay all cost,. expense. and tees of AOrs .nI1lrcemenl 01 tN.
Agrumlnl, inctudlng collection exponse.. coutI costs. arid attorneys' I.... loslaUallon Cha'Vo(.) are
based on AOT perlormlog the Inslallatlon wlth as """" persoMaL ti for any ruson inslaDal10n must
be pe~onn.d by outolde ccntlllctors,lnst.a.tlon CI1arg.(.) may be SYbjoc1 to revision.
In addi1lon 10 any othor remedies a.lIllable 10 AOT, ACT may t.nnlnate this Ag_....'" and
d1soonUnue Iny SolVloe(s) l (a) ACrs CMC Is oubslanllatly damag.d by tire or oalasllophe or ti ACT
Is unabi.lo oblaln any eonnoctioN or privlleg.s r.qulred 10 transmll signals b.tween lhe Custom.f.
prom..e., ADT's CMC or the Municipal FIre ot Police Dopanm..t or oth.r first "'sponcler, (b)
Customer taBS 10 lotow ACT's rocommendatlotl, lor the "'pair ot replac.m.nt 01 defucl1va palls 01
tho Sysllm nol COYlnod undor tho W.rranty or QSPlMoinl.nance Service: (c) Customefs Ial",e to
tollow lhe oporatln9 Inslructions p_d by ACT results In an ..,.... number 011011. .Iarms or
Syst.m mollunctlon: (d) In AOrs solo opinion, the pmmlsos In _h tho System Is lnsWl.d ,
un"'I. unsull.bll. or 10 mocllned or .1leRld aft.r Install8t1on as 10 rend.r oonU,.."llon 01 SIlfVlC9(')
rnpractleal or rnpossible; or (.) lor breach, inc:kJdlng Customo(s t.lulll to melta payments """'n
duo; and ACT.-ill no! be I.bla 101 any damages or slAll.ct to any penllty as a rasun 01 any such
termlnallon.
Slgnaturel
SaIeo Agenl:
Approved 8y:
a-Fonn 2881.E06 0412009
(Signal... ard Dot.)
IF A ~DAY FAMlUARIZAT10N PERIOD IS REQUESTED.
CUSTOMER MUST INIl1Al HERE _
IF MAINTENANCE SERVICE IS DECLINED. CUSTOMER
MUST INITIAL HEIlE. _
CUSTOMER ACCEPTANCE
Customer acknov.ledges that (a) ACT ha. .lIpialned \he
tun reng. ol proIeclIon, .qulpm.n~ and s.rvices avallabl.
to Cuslomer, (b) ad<fllonat prolecVon over _ above
\hel plOVldod herein Is avo/table and may b. oblain.d from
AOT aI an additional cost to the Cuslom.r, arid (e)
Cuslomor desires arid has contracled 101 only the
EquIpment ..1d/o( S.rvice(s) <<.mlzed In this Agr..men~ (d)
II Type 01 Transaction Is Resale, the Syst.m Is ACT-<lMled
lor ACT Installed .qI.lpmento""'or ACT connoc1lon to tho
previouCly Instan.d .x1st1og alarm syst.m; la) such
.EquiprnanVSlrvlco(s) specifled In Wlls Ag,..manl .... to<
Cuslomo(s own use and nol for tho benel~ ot any Ihlm
p.rty; (I) CuslDmor owns lho "",mis.s In which tho
equipment Is being Instaled or has the aU\horlly b ongage
ACT 10 c.ny 0Ul1he Inslalallon In lit. premis..; and (gl
Customer wID comply wllh .a I..... cod.. .nd regul.Vons
pertaining to the usa 01 the EqulpmlnllServlce(s).
In slgnlog Ills ~men~ Customer agrees 10 tho tenns
and condillOO$ conla.lned In an ht pages ot fle Agreement
n Is undorsloocf thai tho t.nn. and condltlons In !he
Agre&menl: sbaa prevail rzv,t (loy varfatlon In lerms and
c:ondIUOns on any pwehasl order or other do<:ument thai
\he Customer may Issue. Any changes In \he Sc:he<NI. 01
Protldlon request.d by lI1e Cuslorner .fter tho eX8cutlon 01
this Ag_ment mey resu~ In .ddlllonel cost 10 tho Customor
and any such chaogesl8<Idillons must be .uIhorlzed In
writing by both lI1e Customer and AOT.
THIS AGREEMENT REQUIRES WRITTEN APPROVAL
BY AN ADT AUTHORI2ED MANAGER. WITHOUT SUCH
WRrmN APPROVAl.., ADTS ONLY UABUTY WILL BE
TO RERlNG ANY AMOUNT CUSlOMER PAID ADT
UPON SIGNING THIS AGREEMENT.
O199701ll108 AIl1 - AU. IlIGHTS RlSERVED
Ucens8 Information: AL A1.bama Electronic Security Board 01 Ucensure, 7956 Vaugln Rd., Monlgonl8l)l 36116 . (334) 264-9388: AI( 256239,
5520 Lake Otis Pkwy., Anchorage. AI< 99507: AR E0055, Regulated by Arkansas Bd. 01 Private tnvesllgators & Prlvale Security AgencIes, 111
State PDllee Plz. Or_ lillie Rock 72209 (501)618-8600: AZ ROO109396-C12; ROC109402-L67: CA AC04227, PPOl2949, 707408; Alarm
company operators are1lcen$ed and rsgulaled by the Bureau 01 security & Investigative Services, Dept. 01 Conslmet Affairs, SacramenlO. CA
95814.0C 39703010: FL EF0001121, -0950. -01123. -0478. EF20000341, -0413. EGOOO0164: GA LVA205374, -205386. -002833, -001436,-
003379, -004452. -205572, LUOO1160: II C27996: IL 127-D00364: MA45-C: MN TS00021: NV0040091: NM 056128: NY 12000025578.
LIcensed by NYS DepL 01 Stale: NC Alarm Systems LIcensing Bd., 1631 Midlown Pl., 810.104. Ralelgl1. 27609, (919)875-3611; 846-CSA: OH
16782,50-18-1052; 50.57-1034; 53-89-1329; 53-31-1582: SO-SM01 l!: 50-48-1032; 50-25-1050: 50-76-1025: OK 00067 OR 59944: RI
AFC0126; 10004: TN ACC-216,.241,-255.-773.-173,'937,-294,-748,-511,-934,-1227: TX 800536, Texas P~vate Security Bureau. 5805 N.
l.amarBlvd., Austin 76752: UT 297869-6501: VA 11-1878; 11.1879; 11-3247; 11-3635; 11-3863; Alarm SecurttyContracting 2701-035978A
exp. 01f,31: WAEC06 ADTSESI03205,11824 N Creel\Pkwy. '105, Bothel~ WA 98011: WV 014142. California Customers Onlv: Upon
completion 01 the 1ns1allallon of the alarm system, the alarm company shal tholtIughiy Instrucl the purchaSer In the proper use ollhe alarm
system. Failure by Oie Ucense8. wlthoullegal excuse. to aubstantially commence work wilhln 20 days lrom !he approximate dale specffied In the
agreement when thO WOI\( \'All begin 1$ a vlola~on 01 the Alarm Company Act
CbI'Y\PO? \ \~
Exhibit "A"
s\~
CD
TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE N
0149-MIAMI. Fl 114942214 14 1-75VNOZ
par AIwzI)'7 Tllmr'
ADT Securi1y Sentices, Inc.
COMMERCIAL SALES AGREEMENT
DATE &1212009
ADT Security Services, Inc. ("AOrl
Andre Martinez
2801 Gateway Dr,
Pompano Beach, Fl 33069
City of Sunny Isles
dIbIa:
-Herein after called ("Customer")
18070 Collins Ave,
Miami, Fl 33160
Tele. No. (786) 251-6171
Altn:
Tele. No. (305) 947.0606
~l~.jr;:..:::~[~1l.1}~~~~t:j11: ~.\.~ '.~. ..;~~:~.~=:~.~:=~:'~-12i:':'3~~~ul::':E"':~~~~D
-----_.._-------_._---_.--:-.=~=-:~-===-~-=]
---~
I
Fire Inspection Service
j Product Name
..i---------------
. !Quality Service Plan (aSP) and Inspections - asp with Non
IServi;;-=Cio-;ed Circuit Television
L-_____...._....__...____....
~~~TI~;;:fl.~~.l;J"l~r\r ~'l~~:rnjr:==.....:.-:..~~:=:..__=:~:~.~=::::.1u~..~;L:..::.~..::r_z::~~i?:.i:.!;;..'::'=':'k=-~
: aiy~"",uctN'''' -- i~_Io-"-=:==_.J
:._--~ ~~~~;i~~~-~~.~---~-----.-----.-~=.-.t-==~~==-.------'1
. 34 Camera Interior I I
j-o--..--- _._-~~-_._-~_.~.~-_.._----:--._------_..._.-.__.-~-----_._'~--_.-_.~---~~--------:----
r---- 19 Camera Exterior _ 1 I
L- ~;;;;;.;:::------~j=:=:=::::====j
~---;~:w::rt:U~:I:tioned above will be ;;;;e-;- und~;-it;;-TI ------------------------.- i
. Imalntenance agreement. ----.J
: 1 auartely Inspections services are Included!;;' th;;-------rl'------.------- I
, quote. ---.J
No escalation charg;;-;jll be Imposed for the --r---------..---- -..--~---.----
of the contract. I
, 1 Customer may cancel this agreemerrt at any time I . .- --"--
.--___ after one year, !.fter .glvlng ADT thirty days ":'ritt~_...j__.__________ nh__..U_______.
, 1 notice. i
r--' There Is not security Interest on the part of ACT In j~----- I
'-- city ~ """"''7;T- ~----- u_~
Custom.r Aocepl80CO Signa ~fft4" ~
f
~\~
Page 2 of 5:
.
TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE N
0149.MIAMI, FL t 14942214 14 1-75VNOZ
A!1f AMWy. 7h<n>'
ADT SecLXily SeJVk:es, Inc.
,
i
,!
TERMS AND CONDITIONS
A. Central Sta1lon Signal Recelvlng and Notlllcatlon S.....1ce - shol be prOYided by AnT" ttis Agreement hcUles a charge lor Service. I an alarm signal retlls1ers at AnT's CMC.
AOT shan endeavor 10 notjy 1he appropnale Poroce or F're Department aoo the designaled rep1l....alive II !he CuslDmer. . a burglar alarm signal or lira slgnal18gistars at Ann
CMC. AOT at I1s solo discretion may etXfeavor 10 oonlad the Cuslom"'s prenises by Ielep/Ione III verity that 1110 alarm Is not 1aIse. Falirlllo <:onlatt IIIe Customer prolf9Ily or
questlonllg 1110 nalllm 011110 18!f'O'lS" re_ lo\lOIl 6<lch COl\lac~ AOT shaD erdeavor III notify I1e alll"OPflale POlice Oepa_t or fire Oepa.m:n~ fa SupeMscly signal or
.otAlle slgnal.1ers at AOT's CMC, AOT shall endeavor III noliIy prompOf the designaIelI rl!lJesentalive of !he CuslDmer. -
" AlARM VERIFICATION SERVICE Is bej)g fumlshed. a Is mu'.ua11y LJ1dOlSlood ani agreed flat ~ Is being ilslaled wlich. as 10 comn b:aticns in iIle premises, will
require I1e activation 01 two senslrg devices. or a seooOO aC1l'la.on 0/ a slngle alarm sefl!lOl. or a contirUlIIS an event from a single _, in onler lor an an signal 10 be
nnsmIt1ed.
CUslomer shol assume fun responsiblrity for Ihe "l'erstion 01 any and al bypass or switch units pmvlded for di3come<:ting or reCOMeding lite alarm soundirq ancUortransrntling
e~ at CUsl1lmefs premises. 'IlIe Cuslomer reprlIseI1ts that any vaulllo be PI1l1eded by ADT t'ereunder by sOUld or Ybalion doteclof systems has 1he mInIrrlJIn cons1nJCIlon
chanlcterislfC$ p..scribed by 1110 UroelWrilers'laboralories. Ire. The Customer ag..ss to test any ulIlasonlc, mlawave, eapad1anC8 or ollIer e~ equIpmenl do.lgnaled prior
to sellng lhe alarm system fa closed periods, accolditlg ID pIllCeMS prescribed by AnT, arolO noliIy ADT pflllr4"ly . such ll1luPnt lais 10 respond 10 !he tes~ "Cu_ has
requested a 54ay 'FamUiariza500 Period' loIIowilg """,,*,tIon of lnstaDation, and" needed an ex\en$ion period, for Custxner \0 beCCllne famII&r wilh the system operalon, IIlen
dw1ng Ills Famlrlirlzalion Period Customer agrees lIlat l any signal fll1dlldillg an alarm slglaQ or any nam reglsls.. aI ADT's D.\c. ADT shaI not rsspord to any signals,
endea'/lll' 10 IllIi1y the au1OOrilies. CUstomer, or,Cus'.omefs designated ..presenlal:ve, or lIldertaklllIrf oIher action with regard ID any sigrl8l, wI1e1l\er or not due ~ an aC1ual
emergency eveol
Communlcation Fa;Ultlea. Ie) AutIIDr12atlOn. AnT may makll requests lot Wormatian, service, or equ\:1menlln IIrf respect on behaK of CusIomer \0 a lelephone company,
wI..less canier, or o1l\er entl1y prlIYiding oommuricalion facilities or services lor Ir3nsmisslon of s1pfs (tie 'TeleCo, lllder lI1is Agreemen~ lb) Dlglfal Communicator. It a Digital
Canmunlcal:lt Is used ~ COMeClIO ADTs CMC, CusIomer will provide a COM8c1lon lllrough al8lephone pd< to. Ielephone S8IYIc:e as may be requl..d ~ operate 1110 ADT Sys1l!m,
Equipmenl or 10 prOYide llle Sarvice. SUch connection will be electrically Iilsl before any o1l\er telephone or C_r ~~ arxI wiD be Io<:a1ed wiIhI~ 10 feet of !he AnT
alarmIconlrOI panel. ADT wi pnMle .llCh COMeCtion al Customer's reque$laro e'!lense. Ie) ADT'S RECEIPT OF AlARM SIGNAlS, aEC1ll0NlC DATA, VOICE DATA OR
IMAGES (COLU<CTIY&Y, 'AlARM SIGNALS' FROM TIlE EQUIPMENT OR SYSTEM IHSTAlUD IN CUSTOMER'S PREMISES IS DEPENDENT UPON PROPER
TRANSMISSION OF SUCH AlARM SIGNALS. AOT'S CMC CANNOT RECEIVE AlARM SIGNALS WHEN TIle TELEPHONE SERV1CE OR OTHER TRANSMISSION MOOf IS
NOT OPERATING OR HAS BEEN CUT,INTERFERED WITH OR IS O1llERWlSE DAMAGED OR IF THE AlARM SYSTEM IS UNABLE lO ACaUllE, TRANSMIT OR IIAINTAIl
AN ALARM SIGNAl OVER CUSTOMER'S COMMUNICAlION FACILlTlES OR TELEPHONE SERVICE FOR ANY REASON INCLUDING HElWORK OUTAGE OR OTHER
NElWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS TllAT
OTIIER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED lO SOME TYPES OF OSlo ADSL, VOIP,
DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTIIER INTERNET INTERFACE-TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE
RADIO, ETC., OR CUSTOMER'S OWN PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR 114'lIX, OR OTIIER PROPRIETARY TELECOIINUNICAlION
NETWORK, OR OTIIER TIlIRlWARTY EQUIPMENT OR VOICElDATA TRANSMISSION NE1WOllKS OR SYSTEMS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR
TlllRD PARTIES) ~'NON-TRADITIONAL TELEPHONE SERYlCE') INClUDE BUT ARE NOT LIMIlED TO: (1) LOSS OF NORMAL ELEcnuc POWER TO THE MONITORED
PREMISES (TIll! BATYERY BACK-UP FOR ADTS ALARM PANEL DOES NOT POWER CUSTOMER'S COMMUNICATION FACll.lTlES OR TElEPHONE SERV1CE); AND (2)
ELECTRONICS FAILURES SUCH AS A MODEM MAtrUNCTION. CUSTOMER ~ERSTANDS TllAT ADT WU ONLY REVIEW TIlE INITlAI. COMPATlBILITY OF TIlE
AlARM SYSTEM WlTII CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE AT THE TIME OF HTIAL INSTAl.LAlION AND 'IliAT CHANGES IN TIlE TELEPHONE
SERVICE'S DATA FORMAT AFTER ADTS INITIAL REVIEW OF COIIPAlIBlUTY COULD MAKE THE TELEPHONE SERV1CE UNABLE lO TRANSIIIT ALARM SI.lNALS lO
ADTS CMC. IF ADT DETERMINES IN ITS SOLE DISCRETION TIlAT IT IS COMPATIBlE, ADT Wll.L PERMIT CUSTOMER lO USE ITS NON-TRADIT1ONAL TELEPHOIE
SERVICE AS 'IliE PRIMARY METIIOD OF TRANSMITONG ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS TllAT ACT RECOMMENDS TllAT CUSTOMER
ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMIINICATION lO CONNECT CUSTOMER'S ALARM SYSTEM lO ADrs tIIC REGARDLESS OF TIlE TYPE OF
TaEPHONE SERVICE USED. CUSTOMER ALSO UNDERSTA/IlS TllAT IF ADT DETERMINES IN ITS SOLE DISCRETION TllAT CUSTOMER'S NOIHRADmoNAL
TaEPtlONE SERVICE IS OR LATER BECOMES NO~MPATlBLE. OR IF CUSlOr.ER CHANGES TO AHOTHER NON- TRADIllONAL TELEPHONE SERVICE TllAT IS NOT
COMPATIBLE, THEN ADT REQUIRES TliAT CUSTOMER USE AN ALTERNATE METHOD OF COIIMUNICATIlN ACCEPTABLE lO ADT AS TIlE PRI!.IARY METHOD TO
CONNECT CUSTOMER'S AlARM SYSlfM TO ADT'S CftlC. ADTWLL NOT PROVIDE FIRE OR SMOKE ALARM llONITORINO FOR CUSTOMER BY MEANS OTHER TllAN A
TRADITIONAL TE1.EPIlONE LINE AND CUSTOMER UNDERSTANDS TIlAT IT IS SOLELY RESPONSELE FOR ASSURING THAT IT USES TRADITIONAL TELEPHONE
SERVICE FOR ANY SUCH MONITORING AND TIlAT IT COMPLIES WITll NATIONAL FIRE AlARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO
UNDERSTANDS THAT IF CUSTOMER'S ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF TIlE NON-TRADmoNAL TELEPHONE
SERVICE LINE IS CUT OR IHTERRUPTEO, AND THAT ACT MAY NOT BE ABLE lO DOWNlOAD SYSTEM CHANGES OR PAOYlDE CERTAIN AUXlUARY MONITORING
SERVICES TIlROUGH A NON-TlWlmoNAl TELEPHONE UNE OR SERVICE. CUSTOMER ACKNOWLEDGES TllAT ANY DECISION TO USE NON-TRADITIONAL
TaEPHONE SERVICE AS TIlE METHOD FOR TRANSMITTING ALARM SIGNALS IS BASED ON CUSTOr.ER'S OWN INDEPENDENT BUSINESS JUDGMENT ANO TllAT
ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTAlCE, INVOLVEMENT, INPUT, RECOMMENDAlION, OR ENDORSEMENT ON TIlE PART OF ADT. CUSTOIIER
ASSUMES SOLE AND COMPLETE RESPONSlBIUTY FOR ESTABLISHING AND MAINTAINING ACCESS TO A/Il USE OF THE NON-TRADITIONAL TELEPHONE SERVICE
FOR CONNECTION TO TIlE ALARM MONITORING EQUIPMENT. CUSTOMER FURTIIER UNDERSTANDS TllAT TIlE ALARM SYSlfM MAY lIE UNABLE TO SEIZE TIlE
PHONE UNE TO TRANSMIT AN AlARM SIGNAL IF ANOTHER CONNECTION IS OFF TIlE HOOK DUE TO IMPROPER CONNECTION OR OTllERWISE.
S. Wlrranty: ~ lhe transaction type Is e '~cl Sale', atPf part of the sys1cm, ilcIudirlg the wlltng, Instaled I.Wlder lhIs Aweement which proves to be dofuclil'll n male rial Of
~ wl1hIn ninety (90) days III 1he elate III comple1lon of instalalbn wW be repUed or replaced al ADTs option wllh a new or Mcionat( cpefaUvs part. Labor and material
..qlAred to repa~ or replace such de1Bcllve componem win be free of d1aJ]le for a period of I1i1ety (90) days fo~ I1e COllllIetlon cl the orlglnallnslallaliln, 'llIls Wenanty does
not apply to the "CorxIi~ Not eovel9Cl by Warrarty' iSled bebw (the 'Conditions, aoo . Customer calls AnT for service under'" Wan1/lty and t.,on Inspedlon by AnT's
..presenlll.ve h b found I1al one 0/ IIlese Conditions has led to the Inoperabiity or epparm lnoperabiity or the sysmrn, a charge wi be made lor 1110 service cal 0/ ADT's
..p.....nlatiYe wllethet Of not he ac1ua1lf WOIb On Ihe sys1l!m. SI1oo\d ft actuel!f be necessaJy 10 rnalal repan 10 the system due to one of the Condlions, a charge will be made lor
sud1 work at ACTs II'M applicabe rales lot labor aro maleml. SeMce will be fumlshed by AnT liIrirg AnTs normal wor1drlJ hJ\Jra of B:OO AM. to 4:30 P.M. Monday ttlroI.gh
Fl1day, except holidays. Condltfons; (a) Damagl or am ulYlce tlme resulting fItJrn accldonts. acts 0/ God, 19htni1g, D1k8s, rIols.lIoods, telrollsm. acts o'War, elteration, misuse.
tempelfng or ebus<l.I<l!~S1m8nts, repairs or maintenance not done by AnT, Of from palls, accessories. anaclrnel1lS or oilier devices not lmlshed by ADT; (bl Customefs knpIoper
opeJatlon per lns\vctkJns; (e) Ad'~nlS necessitated by Video camera mlsalgl1118nl, k11>1llp81 monIor bltghlnoss and conlr.lst wng Olills, or Ina~le ighling on YIewIng I..a;
(d) TI'OlbIe due to InlemJpdon of commercial power to the pltlne servfce or use of Non- Trmtional Telephone SeJYlce; (a) BallBry fanlJle; (Q Oevlce. de8gned to fal In PI01eCting the
5yslem such as, but not limited 10, fuse and cIrw.lJrl!lRIa; (g) Syslem changes requested by Customer.
TIlE FOREGOING WARRANTY IS IN LIEU OF ALL OTIIER WARRAlffiES, EXPRESS OR IIIPUED, INCLUDING BUT NOT LlIUTED lO, Am NPUED WARIIAHIlES OF
MERCHANTABILITY OR FITNESS FOR A PART1CUlAR PIJlPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITII REsPIOCT lO AAY AND ALL LOSSES OR DAIlIAGES
RESUl. TlNG FIlOM ANY CAUSE WHATSOEVER, INCLUDING ADTS NEGLIGENCE, SIlALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. ACT SKALL III NO
EVENT BE LIABLE FOR ANY CONSEOUENTlAL OR INCIDENTAL DAIIAGES OF ANY NATURE, IlCLUDING WlTllOIST LlMITAlION, DAMAGES FOR PERSOIUL INJURY
OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER AlLEGED AS RESULl1NG FIlOM BREACH OF WARRAHTY OR CONTRACT BY ADT OR
NEGLIGENCE OF ACT OR OTIIERWlSE.
C. Malnlenm - ~ CUstomer has purchased malnlenan<e serv1c9 on any 01 the Eqlipmel1, AOT wit, lo\lOIl Cua1omef's ~st, Jl<OVIde 0IlWty malnlllnance ;nd repair 01 t1e
awered equ~ment dull 10 Illrmal wear arole., and bear llle ellp8nse Iheleof. The axpense III an tllraordilary maintenance and repair lUl to aJ1enltlons In lI1e Customels
premises. alterallOns 0/ the system made at the request of the OJslomer, or made necessary by cIIanges In lhe CuSlllmet'. prerrises, damage to lhe preml18. or 10 the llann system,
or to any cause beyond iIle conllnl 01 AOT. shall be borne by !he CUstomer. The CuslDmer agrees to!tnllsh any necessary elect1c ~nllhn:K.gh lI1e Customofs metor and alllle
Cuslomefsown e>pense wllhanoultetwlllin 10 feet of llle ACT Control Panel. Ills mWJallyagrned lhatlhe wor1<of Inslallallon wADT's repairs oIlhe system &hal be pertormed
beMeen ACTs nonnal worldng t>curs offl:OOA.M. \0 4:30 P.M., Monday Uvough Friday,el<:ej:t hoidays.
EXCLUSIONS: Mall1ll!nance on iIle follow:rg devices wm b8 pmvkled only on a time aoo malenal basis: (1) winclo-<< foil, (2) sean1ty screens. (3) exterior mounted dovfces. (4)
PROM IProvranmable Read Only Memory). (51 EcMlmenl subjscllo !he CondiUons Not Covered by Warranty listed In Paragraph B. aboYt, (6) COIf'IlUler Iwetware, software. 0(
co~r nelWorb.
It Is U1darstood and agreed that AnTs cbligation ralales ~ the maillenance solely allhe spear.: ~ CilMl..d U1der the Maln1llnance seMoe Contract, and flat AnT Is In
III w~ obllgalBd III maintain, repair, seMee.raplace, operate or aSSlJ'81he opelalion of any devU or devlces of lie Cuslomer or d otherJ not ~ by AnT. ~ not contracted lor
belere the explrallon of 1I1e Wmartj, ADT wiD enlllr inln a Main18nance SeIYice Conlrad only after Inspecli1g !he sys'olm &lid maldng ilIlr necessary repan or replacemenb to the
system at a charge 10 Ihe Customer lor labor arnVor malarial at ADTs \lien prevarnng rales.
INSPECTIONS. ADT wi plO'lide the IllIllller 0/ Inlpedions of lhe System only as specified In IhIs AgIOemenl and 6<lch Inspections shal be pertormed elJrIng AnTs nofIl1al
wOltdng hotn of 8:00 A.M. 10 4:30 P.M. Monday lIuough Friday, excepl hoIdays and IlbjacllD 'EXQ.USIONS' ul forllI ~ PaAgIaph C, allol'e for malnlenance.
D. lNVESTIOATOR RESPONSE SERVICE. U CUstomer has ",rchased Irwestgm Response SeMoe, aUl:h seM:es III&D be pIO't'lded accord'''lllD lI1e level seiecllld as fclIQYlS:
L.....II - ExlIrlor InftetIga1lon: Upon ....Ipt oIa burglar alann signal from the Cuslomefs premises, AOT, il adlflion to no~ the PoIce DepaltnenllS lndicaled above, wm
emea'/lll' to notify the Customefs desqlaled H!pI'esentalille 8J1d also andea'/lll' to di~td1 a rBjnS8n1a1ive to II1e CUs1Dmefl premise.. The ",presemalve win maRl an
lnvestIgaUon of IIIe exterior of the premises flom lis vsl11de. N.1I1e conclusion oflhe ~la\lve's Inve.-gatlon, AnT wW ooli1y the Cuslomefs deslgnaled reprlIS8n1allve of the
,eSl;IIs of Ihe I-westlgadon. .
TERMS AND CONDmoNS ARE CONTlNUED ON TIlE NEXT PAGE
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Page 3 of 5
TERMS ANO CONDITIONS CONTlHlJED FRON PREVIOUS PAGE
Level II . IImnor InYell1lg11fon: Upon r/lOlllpt of a bu'Dlar ataon signal from the Cuslomofs premises, IDT, In adlfilion to noliylng the poI'lCIl depam.ent as 1ndical9d
abo'Ie, wil erdelvor 10 dispalch a representative. The representa1lve wll condu:I an ex1erior Investigation and !hen enlet the CusIomefs premises will1 Ny$ wI1Ich must be
provided by Il1e Customer and mab In inIerlor Invest!gallotl. However, Ilhere is evidence 01.. .Ita... tile IDT rep<eSClItaliYe w~ lennk-ale his Inves:igalion unlIlhe poIk:e
arrive. TIle Custome(s represeria1lYe W11111en be notIIed . theIV has been an altack. 0lherwIse a notice of the .tann v.lll be left at lhe controIlIli.
Fer eMher Iev1lI 0/ investigation, !he Customer aulhcllzes and directs ADT 10 cause the aITest of artj 1"''''''' or persons lI18uhlriled to a.fer his pe rMeund to hold him or
them unbl released by the Cuslomer or an at.thorizad known ,epm8'llaIlVe, and k1 such cases to Irdemnifr ADT againsl any ialJdity. cost or ellpellse In consequence 01 such
arrest. U tI1e Custcrner reqtJ8S1S lIlaltha AnT Represel1la1lve remain at lhe Pf9I11Ises penOOlg OJstomet's arriYa~ and ADT agrees 10 COIIl>Iy,l!le Cuslaner wll be charged at
AOTs tenpl&Vallirg role for labor.
E. 1. ADT IS NOT AN INSURER. THE AMOUIffll ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SIICH CHARGES ARE BASED UPON THE
VALUE OF THE SERVI:ES, SVS1l:M AND EQUIPMENT AOT PROVIDES AIlD ARE UIflELATEO TO THE VAWE OF CUSTOMER'S PROPERTY, ANY PRoPERTY OF
OTliERS LOCATED IN CUSTOMER'S PREMISES, OR AIff RISK Of lOSS ON CUSTOMER'S PREMISES.
2. ADrS SEllVICES, SYSTEMSAJI) EQUIPMENT DO NOT CAUSE AND CANNOT EUMINATEOCCURENCES OFTHE EVENTSlHEY ARE INTENDED TO
DETECT OR AVERT, ADT MAKES NO GUARANTY OR WARRANTY, INCWDING AJr( IMPLIED WARRAHrY Of MERCKANTABUTY OR FlTNfSS FOR A
PARTlCUI..AR PURPOSE, THAT T1iE SERVICES, SYSTEM OR EQUIPMENT SUPPlIED WILL DETECT OR AVERT SUCK EVEKTS OR THE CONSEQUENCES
THEREFROM. ACCORDIIlGlY, ADT DOES NOT lIIDERTAKE AIff RISK THAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSOII OR PROPERTY OF
OTHERS, MAY BE SUBJECT TO INJURY OR lOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT ADT.
INSURANCE, IF ANY, COVERtlG SUCH RISK SHAll BE OBTAINED BY CUSTOMER. ADT SHAll HAVE NO UA8ILITY FOR lOSS, DAMAGE OR INJURY DU~
DIRECTLY OR INDIR1:CTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTBI OR SERVICES ARE MENDED TO DETECT OR AVERT.
CUSTOMER SHAll lOOK EXClUSIVELY 10 Jl'S INSURER AND NOT TO ADT TO PAY CUSTOMER IN THE EVENT OF AllY SUCH lOSS, DAMAGE OR INJURY.
CUS10MER RELEASES ANO WAIVES FOR lTSaF AND ITS INSURER ALL SUBROGATION AN) OTHER RIGHTS 10 RECOVER FROM ADT ARISIIlG AS A RESULT
OF PA YIHG AIff ClAIIII FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON.
3, IF NOTWITIlSTANDING THE PROVISIONS OF THIS SECTION E, ADT IS roUND lIABLE FOR LOSS, DAMAGE OR INJURY UNDER AIlf LEGAL
THEORY DUE TO A FAlWRE OF THE SERVIC~S, 8ymM OR EQUIPMEHT IN AllY RESPECT, ITS lIABIlITY SHAll BE UMITED TO A SUM EQUAL TO 10'1. OF
THE ANNUAL SERVICE CHARGE OR $1,000, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AS CUSTOMER'S SOLE
REMEDY. THIS Wll BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAL AND EXTREMELY DlFFlCULT TO DETERMINE THE ACTUAL DAMAGES, If ANY,
MilCH MAY RESUlT FROM AOTS FAILURE TO PERFORM AllY OF ITS OBLIGATIONS UNDEIlTHIS AGREEMEHT. IF CUSTOMER REQUESTS, ADT MAY ASSUME
GREATER lIABILITY BY ATTACHING A RIDER TO T1ilS AGREEMENT STATING THE EXTmT OF ADT'S ADDITIONAL LlABft..1TY AND THE ADDlTJOI(AL CHARGES
CUSTOMER WILL PAY roR ADT'S ASSUMPTION OF SUCH GREATER UABllITY. HOWEVER, SUCK ADDmoNAL. CHARGES ARE NOT INSURANCE PREMIUMS
AND ADT IS NOT AN INSURER EVEN IF IT ENTERS INTO SUCH A RIDER.
4. THE PROVISIONS OF THIS SECTION E SHALl APPLY NO MATTER HOW THE lOSS, DAIolAGE OR INJURY OR OTHER CONSEQUENCE OCCURS,
EVEN IF DUE TO ADT'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATlOHS UNDER THIS AGREEIoEHT OR FROM NEGLIGENCE, ACl1VE OR
OTHERWISE, STRIlT lIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF ADT, ITS
AGEKTS OR EMPLOYEES, IF ANY OTHER PERSON,INClUDING CUSTOMl:R'S SUBROGATING INSURER, MAKES AllY CLAIM OR FILES ANt LAWSUIT AGAINST
ACT IN ANY WAY RElATlHG TO THE SERVICES, SYS1l:M OR EOUlPMENT THAT ARE THE SUBJECTS OF THIS AGREEMENT, THEN CUSTOMER SHALl
INDEMNIFY ANO HOLD ADT HARMlESS FROM AJr( AND ALL SUCH CLAIMS AND LAWSUITS INClUDING THE PAYMEHT OF All DAMAGES, EXPENSES, COSlli
ANO ATTORNEYS' FEES.
5. NO SUIT OR ACTION SHAll BE BROUGHT AGAINST ADT OR ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFIUATES OR PARENTS (801H DIRECT
ANO INDIRECT) MORE THAN ONE YEAR AFTER THE INCIlENT THAT RESULTED IN THE LOSS,INJURY OR DAMAGE OCCURRED, OR THE SHORTEST DURATION
PERMITTED UNDER APPUCABLE LAW IF SUCH PERIOD IS GREATER THAN ONE YEAR.
I. THE PROVISIONS OF THIS SECTION E SHALL APPlY TO ANO BENEFIT Arrr AIlD Jl'S AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES,
AFFlLlATES, PARENTS (BOTH DIRECT AND INDIP.ECT) AND AFFlNTIY MARKETERS. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A
MUNICIPAL POLICE OR FIRE DEPAImIEHT OR OTtER ORGANIZATION, THEN THAT DEPAR'ThIEHT OR OTHER ORGANIZATION MAY ALSO INVOKE THE
PROVISIONS OF THIS SECTION E AGAINST ANY CLAIMS DUE TO AIff FAIl.URE Of SUCH DEPARTMENT OR ORGANIZATION.
F. If INTRUSION DETECTION SERVICE or WATCHMA/fS Ra'ORTlNG SERVICE is furnished under IhIs A~reement, the seMce will be provided in aaxndance
with a separa18 Rider whfell stag Ile attacl1ed lD and mad. a part oIlhls Agreement
G. Video EqulplllIIIl- CUslomerwi1l pnMde adequa18 nluminatlon lIlder all operational CXlllditiol1$ for the pIlljl8l operation 0/ the closed ciIcuiItele'lislon camera and
wiD provlde the 110 AC power stWI where required as we. a.s sufllclenlSpacelor monitors. .
H. A Direct COll1lctlon 10 tI1tl MIri:~ polico, FA Ilepartmenl Dr other AgertCf shown shaD be proviled I this Agreemenl provides for such di'ecl connecl service.
R Is mutually U1defSlood and agreed thai sllnals bansmltted h8fllunder wi be monkoced k1 Mll1Ieipal Po/ic:e aro'or Fn Deparbnenls or olher Agarq and that the pefSClll'llll 01
such Mtnclpal Police and/or Are Departmerts or oUter Agerq aIV nolthe agems 01 M1T nor does ADT aSSllTle any responslbiily lor the manner In ""1d1 such signals are
mooltMd orte IVspollS8,H a,,-, 10 such signals.
L Hazardous Matenals. In aD calleS eX!:epl when \tie project iIwolves new ccnstruc1ion. CUsllrner represents and warranls lhat to ... best 01 Customer'. knowte<l;le
tha work slIe is free of any hawdous materials. The term 'I1azanlous malerials' shalllnc:lude but nol be Rmited to asbestos, asbeslos-oontainlng materia~ po/jl:hlorinated
b1phef1jl rpcs,. Ionnaldehyde or oII1er polenliaJly lDxlc or otherwi3a hazardous malarial U artj such Slbstance Is discovered 011 the wuIl sileo ADT wm I1Dl be ~ kl
Itlstan or selVice the Equpnenl at such sIta Lrless and \11111 Customer certifies the 10010'/11 er sate cortainment of such hazaIdous malallals. Cuslaner shaD Indemnify,
de1end, and hold ADT,IIs oflIce.., dlmclDlS, and agenls harmless from any damages, c1a1ms,ln)urles,liabolities I8SUIlIng from lI1e expo$lJlll 01 ADT's e,"",o~'$, contractors, or
SIAlcoolrectors 10 hazardoo. malarlals atlhe wort< silB; plOYlded, however, lhaIthe foregoil~ prOYlslon w1111lDl apply when ~ has been delerrr/ned thaI such hazaldous
ma1erials were bC'Oughlto the wuIl s118 by M1T.
J. SAFETY ACT WANER. CERTAIN Of ADT'S SYSTEMS AND SERVICES HAVE RECENED CERTlRCATlON AND/OR DESlGNATlON AS QUALlFED ANTl-
TERRORISM TECHNOLOGIES rOATTj UNDER THE SUPPORT ANT~TERRORISM BY FOS1l:RING EFfECTIVE TECHNOLOGIES N:T OF 2002, & U.S,C. H 441444
(THE'SAFETY ACT1- AS REQUIRED UIIlER 6 C.FA 25.5(EJ, TO THE MAXINUM EXTENT PERMITTED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE
THEIR RIGHT 10 MAKE ANY CLAIMS AGAINSTlHE OTHER FOR ANY lOSSES,lIlCWDIIlG BUSlIESS INTERRUPTION lOSSES, SUSTAINED BY EITHER PARTY
OR THEIR RESPECTIVE EMPLOYEES, RESUlTKl FROM AN ACl1V1TY RESULTING FROM AN 'ACT OF TERRORISM' AS DEFINED IN S C.F.F1. 25.2, WHEN CATT
HAVE BEEN DEPLOYED Il DEFENSE AGAINST, RESPONSE TO, OR RECOVERY FROM SUCK ACT Of TERRORISM,
K. ADT ASSUMES NO lIABIlITY FOR DELAYS IlINSTALLATION OF THE EQUIPMENT OR FOR THE CONSEQUENCES THEIlEFROIol, HOWEVER CAUSED, OR
FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUEHCfS lllEREFROII DUE 10 STRIKES, RIOTS, FLOODS, ACTS OF GOD OR AllY CAUSES BEYOND
THE CONTROL Of ADT, AND WIll NOT BE REQUIRED TO SUPPLY SERVICE TO THE CUSTOMER WHILE IHlERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE
SHAll COHTINUE.
l. Aaslgnllll!nt; Enlolllllblllty. ThIs Agreemenlls not asslgnablll by the CUstomer except \.!lOll written consent oJ ADT Irsl bei'lg obtained. ADT shal haYa the rlgIlt to
llSslgn thIs Agreement or to Slbcontract any CIl Is cbIiga1lons !Mer flIs Agreement wiIhout I'oOIioe 10 CUsmmer, If artj 01 the provtslons of 1l1ls Agreement shan be determined
to be Invalid or lO1enfon:eablo,lle ",",aong prOYisIons shal """"In In lull torce and eHeel.
M. Syamn Sollware; NeIwofIl Connocllona. Nrf soI!wanl pllll'ided w~h the System /It In oonnecton wl1h lhe SeMceS Is pcoprielary to ADT andI<< ADrs ~el(s) and
Is Ucensed or iOOlicensed to CUstomer on a ~xx:1tBY8 basis. Customer ""y rot (a) disdo$e t.e SOftwaIs or SOlJICe code 10 llI1)' 1l1Inl parties, (b) dupllcale, repI1lduce, or
copy al or all)' part oJ the Softwam, or Ie) .... te Softwalll on equipment other 1han wI1l1lhe designaled Systsm wMh which . was fIJmIsl1ed. A separalB Sollwalll License
Agreement or EI'd User L.k:ense Agreemenl between ADT and/or IIIl oollware plbIisher may be required to use !he software and/or oblaln updales/l4Jgrades, . the installod
~\Jrnent Is to Ile amec:led to CUstornefs COlT'flUler netwoll< t'Network'}, ADT d fumI.!h and Instal the sollwal1l needed 10 M the ~I and wll connecl!he
~pnent 10 the NelwOlk aCODllling to I1e Network sellJngs supplied by CUslomer. InslallallOll shan rot Include mocflllcatJons 10 !he Networl<. seaJrity, or Iirewa. selllngs. ADT
shan not be /ll$ponsible lor (he ss\l4l. operallon, or maintenance of lhe Network<< Networ1c psrtormance or ~lIlftily Is$ues. ADT may assess adfl1ional cha'V"s, ff AnT Is
unable 10 oortnecllo the Network or W any adlhonaI Equpnenlls reqlJted 10 ladlilalo comectMly between lhe Ne\wol1( and the Eq~nL
N. THIS AGREEMENT CONSTlTIlTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND ADT. IN ElCECUTIlG THIS AGREEMEHT, CUSTOMER IS NOT
RaYING 011 ANY ADVICE OR ADVERTlSENENT OF AM. CUSTOMER AGREES THAT ANY REPRESENfATlON, PROMISE, CONDmON, INDUCEMENT OR
WARRAHrY, EXPRESS OR IMI'lED, NOT '"eLUDED Il WRI1NlIN THIS AGREEMENT SHALL NOT BE BINDlNG'UPON ANY PARTY, AND THAT THE TERMS ANO
COHDJl'IONS HEREOF APPLY AS PRlHTED WITHOUT ALTERATION OR QUALlFJCATION, EXCEPT AS SPEClFJCALLY MODIFIED IN WRITING. THE TERNS AND
CONDITIONS OF THIS AGREEMENT SHAll GOVERN NOTWlTllSTANDING Nff IIICONSlSTENf OR AOOITIOHAl TERMS AND CONDITIONS OR Nff PURCHASE
ORDER OR OTHER llOCUMENTSUBllITTED BY TIlE CUSTOMER.
O. EIeelronlc Media. ADT may scan. fax, smal, mage, or olherwlse c:orwert this AgreemenllnlD an eledronlc Ionnal of InJ type or form, now Icnown or devebped h the
lUlu... Nrf !mitered /It U'I3<lJker.lled copy of f1Is Agreement produced from such an eledloric formal will be legally bIr1ding upon the parties al'd equiYU!nt to the original for
aD putpC$8s, IncWng 6Ugallcn ACT may rei{ ~ CusIome(sassenllo the terrnsand cordilions ollhls Agreemenl H Customer has signed thIs Agreemenl or demons1laled
lis Ir~enllo be bw1d eIedronIca~ or otheIwlse.
P. P'....nallnlorlllatlon. CUstomer represents and warrants lIlalOlslomer has obtained aD requred consents and has lhe righl to la) disclose III AnT all pooonal
Informatlon disclo6ed heremr coooemIng inctMJalslerr4*Jyeaslrid\l:ll'V allnlormation COI1tainlld In CUs1omet's ECI., and (b) a~ M1T to IlS8 such per8Dna/
Inlonnalion 10 admlolslar the ralallonshlp belleen Customer and ADT. IneMflll!llhe administration 01 GIs A~re~l Customer acl<nowledg8s and agree. lIlal ACT may share
all such Irfonnatioo wl11lls parenls, Slbsldlarles. atlilat" and llMeir lUCC8ssor corporetion:s or arry subalnUa~ or a~g..., wllhin and oulside the country In whidllhe
Customer!s ~led and 1he1V~ InIonnadon IDthe iofsuch coonl'le..
CUslomerAcceplanceSlgnaUJ.... t(1Jtd-1(',~ ~
Page 4 of 5
5 /1--1109
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-
.
TOWN NO. :;USTOMER NO JOB NO. PO NO. ESTlMATE W
0149.MIAMI, A. 114942214 t4 1.75VNOZ
AnT AIwol'S ~
ADT Security Services. Inc.
COMMERCIAL SALES AGREEMENT
DATE 51WJ2009
ADT Security Services, Inc. (" ADT')
Cltyo'Sunnylsles
rJlb/a:
HereIn lltter called r'Cuslomcr")
18070 Collins Ave,
Miami, FL 33160
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
Tele. No. (786) 251.6171
Attn:
Tele. No. 305 947-()606
ADDITIONAL TERMS AND CONDITIONS
Notwithstanding anything in the Agreement to the contrary, ADT and Customer agree as follows:
All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in fuli force
and effect.
The foregoing modifications and/or additional terms and conditions are not binding unless approved in writing by an
authorized representative of ADT.
Accepted and Agreed:
1
ACT SECURITY SERVICES, INC.
...
(Sianaturel
By:
~t~ ned
ADT Authorized R
.
~
S/8
Page 5 of 5
...
.
TOWN NO. CUSTOMER NO JOB NO. PONO. ESTIMATE H
Q149-MIAMI, FL 114942214 1.lJU1XK
Al1f _ ThetO'
ADT Security Services, Inc.
COMMERC~SALESAGReEMENT
DATE 5(1212009
ACT Security Services, Inc. ("ACT")
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
City of Sunny Isles
d/b/a:
Herein after called ("Customer"
18070 Collins Ave,
M1am~ FL 33160
Attn:
Tele. No. (786) 251-6171 Tele. No. (305) 947-0606
AOT 10 IO$lal Equlpm.nt and lumlsh lha Soovtca(s) (collodlll.Iy,lhe "Sysl.m11ndt:at.d In !his Agroornant
ZO - Customer OWned
Direct Sale e uI menllo became
of the Customer u n
ent of Sel[ Price Indicated below In lull .
CUslomer .o..os to pay the Sum 01 $0.00 ("lnstallallon Che~.") wllh S pO)'abla upon lIO<9plance
ollJo/s Agreemantl'1nslalalJon Cho'lla Ooposn") plus al1l' applicable 'Fees- and soles I..... AOT
m.y lnoIolco CuSklmer lor progress b1llngs based upon Equlpmenl .nd/or Syst.m compononls
delverad or storad, .nd/or Se"'c.. pertormed balore compl.lon 01 the SystemlEqulpmGnt
1ns18I1aUon, acllvallon 01 the System. connection 10 !he CMC. Of al1l' oIho' Service Is). AI oulslanding
1ns18llatlon Chelll.S anellor Fa.. shell be duo and pa)'abJe upon completion ollha Inst.llalion of""
EqulpmentlSystecn and a. a precondition to ecllv.lon or System and, ~ eppicat>le, _Uon 10
Aors Cenllal Monlloring Cent..- r'CMC'1 or al1l' olha' SeNic.ls). For the Senrica(s) provldad as
lndica18d above, Custom.r agrees 10 pay s."'.. che/llOS In tha amolll\l 01 $9,975.00 pet lnoom
(111. "Amual Servlc. Charge"). payable In .dvanco Annual plu. Ippllcabl. slate anellor IocaJ
'a><(es) lor 1 yaat(s) ('he 'l'itIal Tenn1elledive '1Om the date such Service I. operative under 1111$
Agr.am.nt lkIli Custom.. has pakll>J:)T the Instillation Charge and Foes In full. CUstomlr grants
to AOT a ...curlly InlOre.,ln the Equlpmlnt and .1 proce.ds 1I10real to _ura such payment. Aftlr
the IniV,1 Tell1\ tJo/s A~emant shall aU10matically renew on alan Annual basis unIe,s ..rmlnaled
by llIher p.rty upon _.n notice alleast 30 days prlot to lhe anniv.rslry dala. AOT shan havell1a
rtghl to ~.... Annuat S.rvlce ChargoIs) aft., 1 year. For lemllnollon Pf10t to tho and o. lho Initial
Tann. CUslome' ogrea. 10 PlY. In addition '0 any outslanlling Fee. and charg.. lor Service(s)
randolld prior 10 t.rmlnatlon, 00% 01 the AMUal Service Challle(s) ..maiMing 10 be paid lot the
unuplted tann 01 the Agreement IS IlquIdaled d_es but nol as a penally. Addltlona'y.
Cuo"""el agrl" 10 pay al1l' ass...""'"Is. t..... f... or charge' imposed by 1111' govemrnenlal
body, telephone. communication. or signal transmission ecmpany such as false alann. pefmtulng or
connection fo.., 0' Ie.. relatad to nopmgrammlng alarm conlmls or oth... dtyJce, to comply wilh
arel code, signal 'raO$mlsslon, numbering or othe' Ch.nga. IIlaling 10 Iha Installed Equipment
ar>dlor Servtce(.) provided und.,thls Agrolmlnl (coIlect1Ye1y. "F.es").
There may be a service charge to customer lor eancelled InstaJlatlorVservlce appontmenls if
Customer cancer! less than 24.hOurs prIOr 10 dispatch. or Y ADrs r&pt'8sentIlUve Is sont to the
CUstomafs premlsl' In re.ponse to a servtce c." for 'al.o olarm Of System mal......llon cau.od by
CUstomof, oponltlon Conll1lry 10 InSlructions. faa",a 10 oIose or property sean a wlndow. door or
other pml8Cted point. or Improper adjuotmant 01 morIlors or accoO$OfY components.
F.lurl to pay atr<lUnl. ..non due shall give AOT. In IddiUon 10 any 0111., Ivanallla remedl.s. the
ngN 10 terminato Ihls ~greemenl and 10 charge Inter..' a' lhe hlghesllagll ral. on dellnquanl
amounls. CuskHner agrees to pay a1l com, elCPGf\SliIS and tees of AOTs ""OrolrNnt 0' ttws
Aoro.ment,lncludlng co.actlon oxpenses, court cosIO, and .namays'lees. I""talallon Cherge(.) Ire
bus.d on AOT ptrionnlng Ih. Inslallatlon wilh Ms own pttsOMOI. f for .ny reason Inslan.llon must
be perlonne~ by outside conlraclo~. InstallaUon Charge(.) may be I!bJed to revlslon.
In Idd/lon to al1l' othar remadi.. avlllable to AOT, AOT may lanrinate \his Agraom.nt and
discontinue any _(.) M (.) Aors CMC b oubslanttaly damagod by fIho or calas'JOpha or H AOT
Is unablato obtain any connections or ptlvllag.. roqulred 10 transmit signal< bo.....n the CUstomor,
preml...., Aora CMC or the Munlclpal FIrw or Poll.. Dapal1ment or olM' fitst responder, (b)
CU$lDmar faMs to lolow AOT's recommandaVons for Ih. repair Dt replac.ment 01 delcdlve pal\s 01 /
the Syo1om not cov.md und.r the Warrany or QSPlMalntenence SeMoe; (c) CUSlomof.f.l..... to Zod and Agrej,U
follow lha operating Inslructlons provldod by AOT ...uIls In In tn!uo numbe' 01 laIse alanns pr;' ~dt.
Sys\Im malLW1dJon; (d) In ADrs .... opinion, the premises I. >IillcIIlho Syslam Is Installed ~'f/;
unsafe. unsul1obll. or .0 modlllod or .Itemd aft., Instalallon as to rend.r conlnVltlon 01 50"'''(') .,. ':t?:Yt1t- ih ~ ~{~... III
Impractlcll or ImpossJbla: or (e) for ""'.ch. Including Customaf. 'o"un> 10 mag payments v.!lon omefa A~"alallve) ~ t...CU 11
duo; anllAOT will not be labl. lor any damegas or '\bJed to any penalty es. result or al1l"uch me Prlnlad: tolO\UV\-tb-J OJ' t.l"l;:; l'"
l.rmin.Uon. , / 11lIa~ o(Z.. s:ta:/ I Gt1
Sales Agent Reglstrallon Number (If appllc~ble):
THIS AGItl:EMEHT REQUIRES WIlITreN APPROVAL
BY AN ADT AU11lORIZEO MANAGER. WITHOllT SUCH
WRm1!N APPROVAl. ADT'S ONLY LIABIUlY WILL BE
TO REFUND ANY AMOUNT CUSTOMER PAID ADT
UPON SIGNING 11llS AGREEMENT.
IF A 5-DAY FAMilIARIZATION PERIOO IS REQUESTED,
CUSTOMER MUSTINmAL HERE _
IF MAINTENANCE SERVICE IS DECUNED, CUSTOMER
MUSTINlTlALNERE. _
CUSTOMER ACCEPTANCE
Customer ackno.Aodg,,'het (a) ADT has a""'alned tho
IuI rang. of "",tadion, aqulpmanL Ind seMe.. a.alable
to Cuslomer, (b) Idd/~onal "",taction ov... and a_
!hal provided herein Is avaiJable Ind....y b. obtained fmm
AOT II an Iddinonol cost 10 the CUstomer, and (c)
CUstome' deslras .nll ha. contraeled lor only the
Equlpmant andlor SeNIce(s) ltemlz.d In \his Ag..emont; (d)
W TYI'" 01 TransactIOn Is Rosele. 1ha Syslem is ADT -owned
10, N1r Instan.d equipment and/o' AOT comedlon to th.
pravlously Installed IJdstlng al.nn system; (0) such
.E<M>mantlServlC8(.) specttlod In this Agraom.nI all lor
Cus'omaf. own .... and nol for th. bonehl or any Ihlol
p8lty; (f) Cuotomor owns lhe promlses In ""Ich the
oqtjpment Is being Installed 0< has the aulhortly to ongaoo
N1r 10 cany out the Inslaltatlon In the pramlsos: and (g)
CUslomo< 1MI1 comply Vo1th all Ja...., code. and IIgulallons
partalnlng 10 the u.a 01 the Equ.,..enllServlce(s).
In slgntng IJo/s Agreement, Cuolomor "'l.... to lha lonn.
and concfllions conla'ned In an Ihe pego. 01 !he Ag,.amenl.
<< Is understood that tho leons Ind condillon. In tho
Agl'1lement shal prevaH oyer any Vlr\atkln In terms and
conditions on any purchase DRier or oth8r doct.r1'\ent that
the Custome, may Issue. Any changa. In tho Schedule 01
Protecllon ..qua.tad by !he Cuslomer ahar tho I..cullon 01
this Ag...m.nt may resu, In additional cosllo the Customer
and any such change.sladdiUons must be authorized In
WIlling by boll1lhe Cusloma' and ADT.
ATTl!NTlOH IS DIRECTED TO THE WARRANTY, UMIT
OF UABIlITY AND OllRlR CONDmONS CONTAINED IN
THE SEcnONS EN1Tl1.ED "TERMS AND CONomONS"
ANO "ADDmONAL TERMS AND CONDmONS".
~
(Sig"'lure)
P....nled By:'
Sales Agant: Anclle.MallJ~
App/llved Ily:
e-Fo,," 2881-E06 04
O1m-2D01 AtJT -ALL fUQHTS ReSeRRD
Ucense Infonnatlon: Ai. Alabama Eleclnlnlc Security Board of licensure, 7956 Vaughn Rd., Montgom6lY 36116 , (334) 264-9388: AK 256239,
5520 Lake Otis Pkwy., Anchorage. AK 99507: AR Eoo55, Regulated by Arkansas Bd. of Private Invesligators & Prlvale Security Agencies,'1
Slate porce PI>. Dr.. Unte Rock 722.09 (501)618.8600: AZ ROC109396-C12; ROC109402-l67: CAAC04227, PPOl2949. 707408; Alarm
company operators are licensed and regulated by the Bureau of Securily & Investlgallve Services, Dept of Consumer Affafrs, Sacramento. CA
95614.DC 39703010: Fl EFOOO1121, .0950. .01123. -0478, EF20000341 , -0413, EGOOOOI64: GAlVA205374. -205386. -002833, -001438.-
003379, -004452. -205572, LUOO1160: HI C27996: IL 127-D003114: MA 45-C: MN TS00021: NV 0040091: NM 05~126: NY 1200002S576.
Uoensed by NYS Depl. of Stale: NC A\ann Systems Ucenslng ed., 1631 Midtown Pl., Ste.104, Raleigh, 27609. (919)875-3811; 846-CSA: OH
16782, 5(}.18-105Z; 50-57.1034; 53.89-1329; 53-31-1582; 5Q.5O.1019; 50-4&1032; 5()'25-1050; 50-7&-1025: OK 00067 OR 59944: RI
AFC0126; 18004: TN ACC-216..241,-255,-m,-173,-937,-294.-748.-511,-934,-1227: 1)( 800536. Texas P/1Uale Security Bureau, 5805 N.
Lamar Blvd., Austin 78752: UT 297869-6501 : VA 11-1878; 11.1879; 11-3247; 11-3635; 11-3863; A\ann Security Contracting 270HX35918A
expo 01131: WA EC06 ADTSESI03205,l1824 N Creek Pkwy. '105, Bolhell, WA S8011: WV014142. Call1omla CUstomers Only; Upon
com pletfon of the Installallon of the alann aystem, Ihe alarm company shall1horough1y Instruct the purchasel In 1he proper use of 1he alann
syslMl. Failure by the licensee. wlIhout legal excuse. 10 substanllally commence wat1\ wl1hIn ZO daY3 lrom the appl'l:lldmate date specnled In t~
aglllement when the work wUI begin Is a violation of the Alarm Company Act. ;.
S/8
Page 1 of5
.
TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE'
0149-MfAMI, FL 114942214 1-1JlJT)(K
-
ACT Aiwa)Io """"'
ACT Security Services, Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/1212009
ADTSecurllyServlces, Inc.("A!IT')
Tele. No. (786) 251-6171
City of Sunny Isles
dIbIa:
Heretn after calle<! ("Customer")
18070 Collins Ave,
M'lllmi, Fl 33160
Attn:
Tele. No. (305) 947-0606
Andre Martinez
2801 Gateway Dr,
Pompano Beach, Fl 33069
L8.::i~l~::D~~E1IlU::;:1~~j({~~1&'":r3I-= ,~; _.:>.:~~. ,..~~_;~::':~~~:.~~.....~~,.:~~~~~~~ - ..-=':":~:~-:." ::.:~ ~:]
r--:----...:.---...--
! System - Access Control
rs~';~'~'-Access Control
r-- .
i Quality Service Plan (QSP) and Inspections - QSP Only
,.---------------....--------.--------.----
_._______._.__________..__.__.. I
_______.___..___J
~
I
; Product Name
ll;1~:~rl~~1(:J!.:r.t({~[:.~V.l:r:::~1;?ll:..ilr.;.l::.~:'"~~:.:.;:I.:~~~':'=:=~'-~-~.==:.::':"~
...__._.atY'IProduct Name ---..---.-.1 Location I
1 AS NOW INSTALLED: I I
L ~~.~~=~=-=C._--~---~-~--------I
. 30 Card Reader I I
t--......,--.a. Key Pad I --------. I
r--'-- 29 Electric Door Stri'ke------------.---------------r d'
.-------- ----. -, ---.----.--
4 Mag-Lock
j-----4 Egress Button .------.-----..1
i 4 Egress Passive Infrared Detector I" J
I 7:1:~3~I::~::~~ ~~~~:r-==-~-1
maintenance agreement.~_____ I
No escalation charges will be Imposed for the terms !
of the contract. t
Customer may cancel this agreement at any time I
after one year. after giving ADT thirty days written I
notice. .... . 1------
Th'erels not security Interest on the part of ADT In !
'~9W ~r::~2(4~ I
f--- .
SIIJ
Page 2 of 5
-
.
TOWN NO. CUSTOMER NO JOB NO. PO NO. ESTIMATE .
0149-MIAMI, Fl 114942214 l-IJUTI<K
N:1T~ TheM'
ADT Security Services, Inc.
TERMS AND CONDlTlONS
A. C.ntnl StlUon Signal Recelvlng and Nolllll:alon Se"lce . shal be provided by ADT U 1h1o ~eernent I-1cIudes a dlar,je for Service. ff an alann si;lnal reglslills at ADi's <:MC,
ADT shalendeavor 10 nolily the approptlalB PoICo or Fire Department and the deslgnaed ropleSetlla'Jve 0I1he CIlsIomer. II a buI1llar alann si!lnal or fire sIgIlel registers a\ ADi's
<:MC, ADT al its ~ discretion may erdeavor 10 coo1acl the CUstomeI's premises by Ieleptone 10 verily hl1he alarm Is not false. Failing 10 conlacl1he Cuslooler ~\ly 01
qlleSIIonlng the naw 01 tho response received l\Xll'l SIldI contacl ADT wi endeavor 10 notify 1ho appropriale porlCe DepaJtnent or Fire Department "a Supel'llsory signal 01
I'ot.lllo slgnal reglslors al ADi's CMC, AnT shall eroea\OOt 10 notify promptly the deslgooled represenlallve 01 the CUstomer. .
~ AlARM VERFlCATION SERVICE is being lunished, ~ Is mulually understood and aglllOd ht equilment is beng lns1aIed v.1llch, as 10 .."lain Iocallons In the premises, will
requlra the act'valion of t.Yo sensing devices, or a second activa1icn of a single alaJm sensor, or a ~ alarm evoollrom a single sensor, In onIer lor an aIaJm $Ignallo be
transmlIed.
Custaner shal assume ..,n responsibilily for the operalion 0/ any and all bypass or switch 1Il1ls provided for cisconnecII'g 01 recomee1lng 1ho afann llX/lldIng ancUor transmilting
eqUjrnent at CusIomefs pnmlses. The CUsIIlmer represents that alff vaU! to be prolecled by ADT hereurder by sound or vOOilion detector systems has tho IlWoom conslJuclion
characteristics prescrlbod by lhe Url1elWrielS' Laboralllfles, Inc. Tho Customer agees to lBstany ultra.lonic. rricrowave, capocitanco Of o1hor eleetonJc equipment designated prior
to selling the alarm system lor closed periOds, aCCOllfIfl\l to prooeduIes presailed by ADT, and \0 nolil'{ ADT promptly W such equipment fails 10 respond to the test. II Cuslomel has
requeSfl!d a !klay "Fammarlzaliln Period" loItowlng ccrrqll!l6on 01 insIalla.lIon, and ff reeded an l!llI!fIsIon period. lor Cuslomer to become farrullar will the sys1em operatoo. then
cItKI1llhle FamlRarlzalion Pel10d CUsIome1 agrees lllal n at'tf &lgnal r.,ciJdi1g IIfI alarm signaQ of any nature regls1ers el ADrs CMC, ADT shal not respond to any signala,
endeavor to noli!y the auhllitie$, CUs\llrller, or Customefs msJgnaled represenlalive, Of IA"lderlake 0I'f other actia1 wlh regarll to any S9nal, whether or not due to an ~I
emergency even.
Communication Faenllla.. (a) AuthoItDIlon. ADT may make requests for lnIormaJlon. service. or equipment in any ...peet 00 beha~ 0/ Cus10rner 10 . telephone company,
wireless carrier, or O\I'er enti\y providing lXll11lTlLrllcalon facill1iea or services lor nnsmlssIon of s~ (1ho "TeIeCo; under this Agreement (b) Digital CommunlcllDr.1f a Digital
Canmun~la Is used to comad to ADi's CMC, Cuslomer will provide a comeeion through 8 lelephone jack 10 a telephone selVic:e as may be required 10 operate the ADT System.
Equlpment or to provile 1ha Service, Sudl CXlM8Ction wi be eleWlcaly 1151 before any other telepl10ne or CUsIome1 equlpmen~ and wW be localed wllh1n 10 Ieel of tha ADT
elmm'conlrol panel ADT wW provide such COITlOction at CUsIome(s request and expense. (e) ADT'S m;CEI'T OF AlARM SIGNALS, ELEClllONIC DATA, VOICE DATA OF!
IMAGES (COlLECTlVElY, "ALlRM SIGNALS' FROM TIlE EQUIPMENT OR SYSTEM INSTAllED IN CUSTOMfR'S PREMISES IS DEPEllDENT UI'ON PROPER
TRANSMISSION OF SUCH AlARM SIGNAlS. ADrS CMC CANNOT RECEIVE AlARM SIGNALS WHEN THE 'lELEl'HOIE SERVICE OR OTllER lRAHSMlSSlOH MODE IS
NOT OPERA TlNG OR HAS BEEN CUT, INTERFERED WI1lf OR IS OTHERWISE DAMAGED OR IF TIlE ALlRM SystEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN
AN ALARM SIGNAL OVER CUSTOMER'S COMMUNICAmlN FACILITES OR TElEPHONE SERVICE FOR ANY REASON IHCLUDIIG NETWORK OUTAGE OR OTllER
NETWORK PROBLEMS SUCH AS CONGESTION OR DOWHTIIIE, ROUTING PROBLEMS, OR INSTABIlITY OF SIGNAL QUAlITY. CUSTOMER ~DERSTANDS THAT
OTIlER pOTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE SERVICES ONClUOlNG BUT NOT lIMITED TO SOME TYPES OF OSlo AO$lo VOIP,
DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE.TYPE SERVICE OR RADIO SERVICE, INCWD1NG CElLUlAR OR PRIVATE
RADIO, ETC, OR CUSTOMER'S OWN PROPRIETARY TELECOMMUNCATION NETWORK, INTRANET OR lP-PBx. OR OTHER PROPRlETAlIY laECOMMUNlCATION
NETWORK, OR OTHER lHIRIH'AlITY EQUIPMENT OR VOICEAlATA TRANSMISSION NETWORKS OR SYSTEIIS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR
THIRD PARTIES) ~'NO~TRADmONAL TELEPHONE SERVICE') INCLUDE BUT ARf: NOT LIMITED TO: (1) LOSS OF NORMAl. ELEClRlC POWER TO THE MONITORED
PREMISES (THE BATTERY BACK-UP FOR ADrs AlARM PANa DOES NOT POWER CUSTOMER'S COMMUNICATION FACIUI1ES OR TELEPHONE SERVICE): AND (21
ELECTRONlCS FAILURES SUCH AS A MODEM MAlFUNCTION. CUSTOMER UNDERSTANDS THAT ADT WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF THE
ALARM SYSTEM WI1lf CUSTOMER'S NON-TRADmoNAl. TELEPHONE SERVICE AT TIlE TINE OF lHlT1Al. INSTALLATION AfIj THAT CHANGES IN TIlE TELEPHONE
SERVICE'S DATA FORMAT AFTER ADT'S INITIAL REVIEW OF COMPAT181UTY COUlD MAKE THE TELEPHONE SERVICE UNABLE TO TRANSMIT AlARM SIGNALS TO
ADT'S CMC. IF ADT DETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, ADT WILL PERMIT CUSTOMER TO USE ITS NON-lRADIOONAL TElEPHONE
SERVICE AS THE PRIMAlIY METHOD OF TRANSMrTTtIG ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT ADT RECOMMENDS THAT CUSTOMER
AlSO USE AN ADDITIONAl. BACK.lJP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S AlARM SystEM TO AUT'S CMC REGAlIDLESS OF THE TYPE OF
TELEPHONE SERVICE USED. CUSTOMER ALSO UIIlERSTANDS THAT IF AUT DETERMINES IN ITS SOLE DISCflETION THAT CUSTOMER'S NON-TRADmONAl.
TElEPHONE SERVICE IS OR LATER BECOMES NO~MPATIBLE, OR IFCUSTOMER CtlANGES TO ANOTHER NOO-TRADlTlONAl TELEPHONE SERVICE THAT IS NOT
COMPA11BLE, TlO ADT REQUIRES THAT CUSTOMER use AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO NIT AS THE Pl\JIARY METHOD TO
CONNECT CUSTOMER'S AlARM SYSTEM TO ACT'S CMC. ADT WILL NOT PROVIDE RRE OR SMOKE AlARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN A
TRADITIONAL TElEPHONE UNE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES lRADlTlONAL TELEPHONE
SERVICE FOR ANY SUCH MONITORING AND TIlAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDAlIDS AND LOCAL ARE CODES. CUSTOMER ALSO
UNDERSTANOS THAT IF CUSTOMER'S AlARM SYSTEM HAS A LINE cur FEATURE, IT MAY NOT BE ABlE TO DETECT IF THE NON-TRADITIONAL TELEPHONE
SERVICE LINE IS CUT OR INTERRUPTED, AND THAT ADT MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES OR PROVIDE CERTAIN AUXILIAlIY MONITORING
SERVICES THROUGH A NO~TRADmONAl. TELEPHONE UNE OR SERVICE. CUSTOlolER ACKNOWLEDGES THAT ANY DECISION TO USE NON-TRAOmONAL
TElEPHONE SERVICE AS THE METHOD FOR TRANSMITTING Al.AlIM SIGNALS IS BASED ON CUSTOMER'S OWN rlDEPEHDENT BUSINESS JUDGMENT AlII THAT
ANY SUCH DECISION IS MADE WlTHOur ANY ASSISTANCe, INVOlVEMENT, lllPUT, RECOMMEIIDA11DN, OR ENDORSEMENT ON THE PART OF ADT. CUSTOMER
ASSUMES SOLE AND COMPLETE RESpONStBIUTY FOR ESTABUSIClNG Alii MAINTAINING ACCESS TO AND USE OF TIlE NON-TRAUmONAL TElEPHONE SERVICE
FOR CONfECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTIlER UNDERSTA/IlS THAT THE ALARM SystEM MAY BE UNABLE TO SEIZE THE
PHOfE LINE TO TRANSMIT AN ALlRM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONfECTION OR OTllERWlSE.
B. W'lI'anty: U the transactlon type is a 'DIrecl Sale', any part 01 hl system, Inchlfng the wir\'9, Instaned under lhIs Agl\!emenl whl::h proves 10 be defel:llve .. malerlal Of
w~ wlllin nhe\y (90) days 01 the dale ot COIIllIe~on ofhstalatial wit be repaRd Of replaced at ADi'e option Wi#1 a new or luncItlnally operafve pan. lJIbor and malerial
requ~sd 10 repak or replace sudl defective """,,,,",,"is wll be Re 01 cllarge lor a pel10d of ninety (90) days foDowIng the CXlCfIllotiono/ fle origklallnstalallon. 11'is Wanantf does
not apply to the 'Cordtions Not Covered by WalTlnly' IisIed tNllow (the 'Condlions; and n ~ calls ADT lor service LIlder the Warnlnly and upon r.spection by AOi's
representative ~ is Iolnd \hal one 01 thesa CordiIIons h.u led 10 the Il10perabllity Of appallll1t lnopenIllllIy 01 the system, a charge wi! be mad. lor the servtce caI of ADrs
representativ1l whether or rot he actually WOIb on the system. SholM tt aclualy be neceSS31Y 10 maka repairs 10 the system dill to one of the C<lndOOns, a challle wm be malle lor
such work at ADfs then 8flIlIIcalJIe rates lor labor and ma\llrlaf. Service wID be fl.misI1ed by ADT <t.mg ADfs normal worl<ing hoIn of 8:00 MI, to 4:30 P.M. Monday lIIoIlg/l
Friday. eloopl hoidays. Condltlona: (a) Damage or elllraoervlce time resuJling ~om a<Cilenls, ac:ls of God, ighWng, sbikes, rto1s, ftoods, terrorism. acts of Wa,. alleration, misuse,
tl"l"'flr9 or abuse, ~ustments, repairs 01 mar.1enance not llcne by ADT, or tom parls. acceS$Olles, altachmerds or other devices not lInished by ADT; (b) Cus10mefs Improper
operalon per InstUdIons; (~) M~ necesslla1ed byVl<!eo camera misalignment, ~oper monitor brlghtless and coolrast U1ing d'oals, or h1dequale lighting on YIewi1g erea;
(d) TroLllIe due to Inlentflllon 01 commercial power to the phcna servlce or use of Non- Trad'llionaI Telephone Service: (e) Ba1le'Y lalltn; (q Devices designed 10 laD In prolecling hl
System eucl1 as, but not timllecllo, fuse and cIrM brnal'.ers; (g) Sys1em changes requesled by Cuslomer.
THE FOREGOING WAlIRANTY IS IN LIEU OF ALL OTHER WAlIRANTlES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPUED WARRAHTlES OF
MERCHANTABILITY OR Fl11ESS FOR A PAIlTICUlAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECTTO ANY AND AlL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER,INClUDlNG ADT'S NEGUGENCE, SHAlL BE REPAIR OR REPLlCEMENT AS SPECIFIED ABOVE. AUT SHAI.lIN NO
EVENT BE lIABlE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITIlOUT LIMITATION, DAMAGES FOR PERSONAL INJURY
OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTNl FROM BREACH OF WARRANTY OR COHl1lACT BY ADT OR
NEGLIGENCE OF ADT OR OTHERWISE.
C, Uall\1ena~ .11 Customer has purchased maintenance service on aff{ 01 the Equipment, ADT wW.l\Xll'l Customefs request. pIO'o'ide ordinary malnJenance and Iepa~ 01 the
covered equjlment due to normal wear and tear and bear the expense 1he1llOf. Tho 0llpe1lSe of al eltraOlllilary malnlena!1l:ll and repa~ due 10 allerallons In the Custotrefs
premlses. aIIeratioM of the system made at !he request oIlhe ClIitomer, Of made necessalY by changes In the CUstomefs pr8mlsas, damage 10 the premloes 01 to the alann ayslom.
or to any cause beyond !he control of ADT, shan be borne by the CUstomer. TIIa Customer agrees to tJmIsh any necessaty elecllic current tIvough the OI&totrefS melet and althe
Custome(s own e"llense with an ou1let wftlll110 feel of the AM ContJOI Panel. ~ Is mUluaIly agreed that the work 0/ I1stallaoon and AOT'$ repair$ 0/ the sys1em shaI be per10rmed
belwll.n ADr. normaJ wOl1dng i'<lurs of 8:00 MI. 10 4::lO P.M., Monday lIlough Frtlay, eJA:Opt holidays.
EXClUSIONS: Maintenance on the IoIlowlng dev'l:es wiI be provl:lod aNt on a lInlland ma1eRll basis: (11 wl1ll:M foR, (2) sec:urity saeens. (3) elllellor IOOIJ1ted davlces, (4)
PROM (ProgralMlable Read Orly Memory), (5) Eqv~nt subject to the Concftions Not Covered by Wananly isted In Paragraph B. above, (61 ~ hardware, software, or
computer netwolks.
llis underSlOO<l and egreed 1hal AOT's lil5gation relates to the maintenance solelt of Iho specific Equjlmenl coyallld II1der the Manlenance Servlc:o Contract. and flat ADT Is In
no way olJIigated to mal'llaln, repair, service, Alplace, operate or assul8lt'8 operation of any device or deYk:esol the CIIs10mer 0101 others not InsIaIad by ADT. ~ not contracted lor
before 1ho explralion of the Warranly, ADT wm enlerlnto. Maintenance Servlc:o Contradonly after inspeding the system and maI;!ng any Il9cessaJY repair$ Ofreplal:emenl!llo the
system al a charge to the CuslomOf fOf IalxJr and'Of malerlal atADr, then pIB'Iailng f1Ites.
IHSPEC110NS . AM wit provlde 1he number ollnspedlons of the Sl'lem Cll1tf as spec:itled In this Agreement and sucI11nspedms shal be perIonned du1ng ADr, normal
woddng hours of8llQ AM. to 4:30 P.M, Mondaythrou;jh Fr'day, excepl hofilays and Slbject to 'EXCLUSIONS' set IolIh In Pangmph C, alxMllor maintenance.
D. INVESTIGATOR RESPONSE SERVICE. II CUstomer h.u pwchased lnYestlgator Response Servlc:e,lIlIClllillMces shall be ptO'/lded acconjjng lo the levtl selected lIS follows:
levell- Extertot1ovas1lglllon: Upon rece~t 01 a bulglat alliin signal from the CusIomefs pnmlses, ADT,In a~lion 10 noli!ylng the PoIioe Oepartmonl as Indicated abow!. wit
endeavor \0 notlIy ihe Q!stome(s designated I1!pIIlSllntlliYe and also endeavor to dispath a represemaliYe to II1e CIIs1ClJ1efs ~ The represenlaliYe will ma1<e an
lnvestigaliln 0/ Iho extellar of fle premises from his vehicle. At !he conc/us1a1 oJ the repnlsenta1lve's investigation, ADT wil nolI)' the Cuslornefs dWJna1ed representalive of It'8
results or the Investigation.
TERMS AND CONDrrlONS ARE CONTINUED OHTHE NEXT PAGE
SIB
Page 3 df 5
level a . Interior IIlwottgalJon: Upon reeei'l of . bn1lIar alann signal from !he Cusfomefs Illemlses, AIlT, in .ddj&n to notifying 1he polIe8 depal1menl as indi:aled
above, waI endeavor kl dispab:h a representalive. The representative wll CXJnducl an exlerior fmoesllgallon end then enler the Custanefs plefIlises wi1h keys YIl1'ch must be
provided by the Cusbner and make an inleriot fmoestigatiort However, ill1ele is evidel1c:e of an aI1ack. the AIlT represenlalM! willenrinate his fmoeslJ,Jalion II1ti1 the poke
arrlYe. The Cus\ome(s repl8sentallve wiD then be nollfed U lIIere has been an a1tadc. Otherwise a ""lice olltle alann wm be leftat IlIe conlroIlIlit.
Forellher level of irMI&ligotiln, Itre CUstlmer aulhOl1llla and dilllds AIlT to cause tie anest of.ny person or persons unau1horized to en'.erhls plllmises and to hold him 01
tI1em unti rele.sed by \he CuslOmer or an auDlorlzed 1<ruwn rep<esentative, and II such cases 10 indemnify ACT .gainst any frablnty. cosI or expense in eonsequenco of svch
arres!. If Ihe Cus:omer requests that1he ACT RepresenlaliYe remain at the premises penOlI1\l Cus1omel's armal, and ADT .gllles to corrW, the Customer wm be dlarged at
AOT's U1enprevaltlng rale lor labor.
E, 1. ADT IS NOT AN ~SURER. THE MOUNTS ADT CHARGES CUSTOMER AIlE NOTlNSUIlANCE PREMIUMS. SUCK CKARGES ARE BASED UPON THE
VAlUE OF THE SERVICES, SYSTEIl AND EQUIPMENT ADT PROVIDES AND AIlE UNRElATED TO TKE VAlUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF
OTHERS lOCATEO II CUSTOMER'S PREMISES, OR ANY IUSK OF lOSS ON CUSTOMER'S PREMISES.
2. AD1'S SERVICES, SYSTEMS AND EQUIPMENT DO NOT CAUSE AND CANNOT EUIlINATE OCCURENCES OF THE EVENTS TlEY ARE INTENDED TO
DETECT OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INClUDING AllY IMPUeD WARRANTY OF IlERCIlANTAIIlUTY OR FITNESS FOR A
PARTlCULAR PURPOSE, THAT THE SERVICES, SYSTEII OR EQUIPMENT SUPPUEO WILl DETECT OR AVERT SUCH EVENTS OR TKE CONSEQUENCES
THERefROM. ACCORDINGLY, ADT DOES NOT UNDERTAKE ANY RISK TKAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF
OTHERS, MAY BE SUBJECT TO INJURY OR lOSS IF SUCH AN EVENT OCCURS. THE ALlOCATION OF SUCK RISK REUAIHS WITH CUSTOMER, NOT ADT.
INSURANCE, IF AllY, COVERING SUCH RISK SIlAll BE OBTAINED BY CllSTOIIal. ADT SHAll KAVE NO lIABilITY FOR LOSS, DAMAGE OR INJURY DUE
DIREC1lY OR INDIREC1lY TO EVENTS, OR THE CONSEQUENCES THEREFfIOM, WHICH THE SYSTEIl OR SERVICES ARE INTENDED TO DETECT OR AVERT.
CUSTOMER SllAlllOOK EXClUSIVElY TO IT'S IISURER AND NOTTO ADT TO PAY CUSTOMER IN TKE EVENT OF AllY SUCK LOSS, DAMAGE OR INJURY.
CUSTOMER REl.EASES AND WAIVES FOR ITSElf AND ITS INSURER All SUBROGAnO,. AND OTKER RIGHTS TO RECOVER FROM ADT ARISING AS A RESULT
OF PA YINO AN'f ClAIII FOR lOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON.
3. IF NOTWITHSTANOING THE PROVISIONS OF TKIS SECTION E, AOT 1$ FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAl
THEORY DUE TO A FAilURE OF THE SERVICES, SYSTEM OR EOUIPMENT IN AllY RESPECT.IT'B UABIlITY SHAll BE lIMITED TO A SlIM EQUAl TO 10'1\ Of
THE ANNUAl SERVICE CHARGE OR $1.000, WHICKEVER IS GREATER, AS AGREED UPON DAMAGES AND HOT AS A PENAlTY, AS CUSTOMER'S SOLE
REMEDY. THIS WU BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAl AND EXTREMELY DIFFICULT TO DETERMINE M ACTUAl DAMAGES, IF ANY,
WHICK MAY RESULT FRDM ADT'S FAIlURE TO PERFORM AllY OF ITS OBlIGATIONS UNDER THIS AGREEMENT. IF CUSTOMER REQUESTS, ADT UAY ASSUME
GREATER lIABilITY BY ATTACHING A RIDER TO THIS AGREEMENT STATIlG THE EXTEKT OF ADl'S ADDITIONAL UABILITY AND THE ADDITIONAL CIlARGES
CUSTOMER Wll PAY FOR ADT'S ASSUMPllON OF SUCII GREATER lIABIlITY. KOWEVEIl, SUCK ADDITIONAl CHARGES ARE NOT INSURANCE PREYlUMS
AND ADT IS NOT AN It$JRER EVEN F IT ENTERS INTO SUCK A RlDER.
4. THE PROVISIONS OF THIS BECnON E SHALl APPLY NO MATTER KOW M lOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS,
EVEN F DUE TO AD1'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THlS AGIlEEMEKT OR FROIlIlEGLIGENCE, ACTIVE OR
OTHERWISE, STRICT llAl!IUTY, VlOUnON OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER AlLEGED FAULT ON THE PART OF ADT, ITS
AGENTS OR EMPLOYEES. IF ANY OTllER PERSON, INCLUDING CUSTOMER'S SUBROGA'I1llG It$JRER, MAKES AllY CLAIM OR FllES ANY LAWSUIT AGAINST
ADT IN AllY WAY REUnNG TO TIlE SERVICES, SYSTEM OR EQUIPMENT THAT ARE THE SUBJECTS OF THIS AGREEMENT, THEN CUSTOMER SHALl
INDEMNIFY AND HOlD ADT IlAIlMLESS FROM ANY AND ALl SUCH ClAIMS AND LAWSUITS INCLUDING THE PAYMENT OF All DAMAGES, EXPBlSES, COSTS
AND ATTORNEYS' FEES.
6. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT OR ITS AGEHTS, EMPLOYEES, SUBSIDIARIES, AFFIUATES OR PARENTS (BOTH DIRECT
AND INDIRECT) MORE THAN ONE YEAR AFTER THE tlClDENT THAT RESUlTED IN THE lOSS, INJURY OR DAMAGE OCCURRED. OR THE SHORTEST DURAnON
PERlIlTIED UNDER APPLICABLE LAW F SUCH PERIOD IS GREATER THAN ONE YEAR.
6, THE PROVISIONS OF nos SECTION E SHAll. APPl.Y TO AND BEHEflT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES,
AFFIUATES, PARENTS (BOTll DIRECT AND INDIRECT) ANO AFFINT1Y MARKETERS. IF THIS AGREEMENT PROVIDES FOR A DIRECT COIl/ECTION TO A
MUNICIPAL POLICE OR AIlE DEPARTMENT OR OTHER ORGANlZAnON, THEN THAT DEPARTMENT OR OTHER ORGANIZATION MAY AlSO IIVOKE TKE
PROVISIONS OF THIS SECTION EAGAlNST ANY CLAIMS OOETOANY FAILURE OF SUCK DEPAR11lEHTOR ORGANlZAnON.
F. If INTRUSION DETECT10H SERVICE or WATCKMAN'S REPORTING SERVICE is IurnIshed under ll1ls Agreement !he service w~ be pnlYided II .CCO/dar(e
wiU1 a separate Rider wh'ch shad be attached to ard made e pa~ 0111115 Agreemert
G. VIdeo Equipment. C_er wnl pnl'iide adequate IUlnination U1der al operallon3l conditions for !he proper operalion of hi c:lased c1rM leIevlsIan camera and
win provide 1h. 110 An power WPP't wlun required as wen as sufflclenl space lor marUm;.
H. A Dnel Cllnnectlon to II1e Murk",,1 PoR"". Flre DepaJlrWll or Olher Agency shown shall be proWled 1ll1ls Agreemant proYides lor such direct oomeCl servlc8.
Il is ",""ally....ders1ood and agreed lhatsigll3ls transmllted hereU1der will be moni1Dred II Municipal Polce ancl'ar FlIIl Departments or oU1er Agency and tha: the persomal 01
such lo1\lnIelpal Pollee .ncl'or Fire Departrnef\ls or oII1er ~rcy are not the agarlS of ACT JlOI don ADT ........... any re!pOllSlliily for II1e manrer ... whIcII such signals alll
IIlOnllored or the respa..., R any, 10 such signals. .
I. KaDIIIous .....rfals. In aD casesextept when the pnlject Invoms new cms1nJction, o.aIDmer reptBsenls and warrants thai to 1he best of Custoolefs knowledge
1he m site Is !Jee of any hazanlous ma18rtals. The Ienn "hazanloos materials" shallrd\rJe bul not be limited ~ asbeSIos, asbestos-conlalring malllrlal, poIychI:lrIlaled
biphenyl rPCB1, formaldehyde or o1her pOtentially toxic or o1herwlse hazallI:>us material If any such Slbstanco Is cis<:oYered on the work sRe, ACT wi not be ~lred to
Install or servloe 1he E~ al such ale urless and until Customer certifies 1he rerraval or safe conIairmenl 01 such hazardous malerlals. Customer shallndemrify.
defend, and hold ADT,Its oI!i:ela, direclDfS. and agens hannllss !rom any damage., clams. Injuries, r..biitiea resulling trom the eljlOSUll of A01's ef11lloyees, conn<:foJs, or
sullcclm'.ctors to ha2llrdous malerials at the wor!< sne; plCMdod, however, thaI !he foregoing prOYlsIon 11I/1 not app/f when n has been delermiled thaI such hazardous
malarlalsMIIl blW4hllo \hewOllIlRe by ADT.
J. SAFETY ACT WAIVER. CERTAIN OF ADTS SYSTEMS AND SERVICES HAVE RECEIVED CERT1F1CATION ANO.'OR DESlGNAll0N AS QUAlIFIED AHTI-
TERRORISM TECKNOlOGES rQATT") UNDER THE SUPPORT AHTI-TERROR1SN BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, I U.S,C. if 441-444
(THE "SAFETY ACT"). AS REOUIRED UNDER 6 C.F A 25.5(El. TO lHE MAXIMUM EXTENT PERMITTED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE
THEIR RIGHT TO MAKE AllY ClAllIS AGAINST THE OTHER FOR AllY lOSSES, INCLUDING BUSINESS INTERRUPTION LosseS. SUSTAlItiJ BY EITHER PARTY
OR THEil RESPECTtVE EIIP1.0YEE5, RESUlllNG FROM AN ACTIVITY RESULTING FROM AN "ACT OF 'TERRORISM" AS DefINED IN I C.FA 25.2, MiEN QATT
KAVE BEEN DEPlOYED IN DEFENSE AGAIlST. RESPONSE TO, OR RECOVERY FROM SUCH ACT OF TERRORISM.
It AOT ASSIItlES NO UABD..ITY FOR DELAYS IN INSTALUTDN OF THE EQUIPMENT OItFOR THE CONSEQUENCES lllEREFROM, KOWEVER CAUSED, OR
FOR 1NTERRUPT10NS OF SERVICE OR FOR THE CONSEQUENC~S THEREFROM DUE TO STRIKES. RIOTS, FlOODS, ACTS OF GOD OR ANY CAUSES BEYOND
TIlE CONTROL OF ADT, AND WILl NOT BE REOUlRED TO SUPP1.Y SERVICE TO THE CUSTOMER MilLE INTERIlUPllON OF SERVICE DUE TO ANY SlJai CAUSE
SHALl CONTINUE.
L Asalgnmenl; EnI_blllly. TIlls Agreement Is not assignable by the CustomBI excelt \4lOn wtitlen c:cnsent of ADT fiI>I beirglllJfalned. AIlT ahal1 have the rIglrt to
asslgn"ls Aglllernent or 10 Slb:ontaot any of lis oI>IIgatlonall1der 1hIs Agrooment wl1hout rolk:e to Cus1ofrer. If any 0I1he prOYislans of ll1ls Agreement wi be delennlred
to be Ir.....rid or unenlotceable, the remaining plO'dslons shaIIlllll1aln in luIIlo!al.nd aned.
II. SyS\llm SollwI..; N.\w01Ie Connedlona. krt softw.re provlded with t!ul Syslem or In c:onnecllon wi:h "e s.rvJce. Is proprietary lD ACT .nd/or ADT's ;uppl1er(1) atid
Is lcensed or stbllcensed III Customer on. l1OIH!xcluslve ball's. Customer may no! (a) lI1sclooe the Softw8ll! or 3O\Jttll code 10 any lhIrd par1i8s. (b) dupbte, reproduce, or
top)' al or any part of 1he Software, or eel use fle SolMare on eq\Jpnenl other than wif1lhe deslgnaled SysIsm wi'tl which a was fumlshod. A sepmlll SoII<tare L.lceMe
Agreement 01 End u.... License Agreement between AIlT ancl'or the goftw.re ptJllisher may be requiled t> use tie sallware ancl'OI obtain updale'^4>grades. If !he irQalled
Equipment Is to be connected to Cuslome(s compu1er retwOlX rNe!wofl('). ADT will f1JmIsh .nd instal 1he software needed to RII lhe Equ'pment and will connect 1he
Equlpment to the NeIwookac:co<<li'9 kl the Networ1t settings slJlllllied by CU$!crner. Instailation shan rollnckJde mOOificatlons III the Network, secumy, or IirewaD sett"'9s. ADT
shal not be respll1Sible for the sehlp, oper.llan, or maintenance of the NelwOlX oc Networ1t performance or corrpalibiflly issues. ADT may assess add'dionaI charges. . AOT is
unable III connect lD 1he NeIWllr1< or..., adWlIonaJ Eq\.lplT'tent Is mqutlld lD fadlllale comectiviy belw1len !he Nelwort and !he Eq~nl.
N. llllS AGREEIIEHT CONSlI'tVreS THE ENTIRE AGREEMENT BETWEEN THE CUSTOIIER AND ADT. IN EXECUTING THIS AGREEIlENT, CUSTOMER IS NOT
RElYING ON AllY ADVICE OR ADVER11SEMENT OF ACT. CUSTOMER AGREES THAT AI('( REPRESENTAMN, PROMISE, CONDmON, INDUCEMENT OR
WARRANTY, EXPRESS OR IMPlIED, NOT INClUDED IN WRmNG IN THIS AGREEMENT SHAll NOT BE BINDING UPON ANY PARTY, All) THATlHE TallIS AND
CONDITIONS HEREOF APPLY AS PRINTED WITHOUT AlTERATION OR QUALIFICATION, EXCEPT AS SPECIFICALlY MODIFIED t,. WRIT1NG. THE TERMS AND
CONDITIONS OF THIS AGREEMENT SHAlL GOVERN NOTW1TKSTANDIlG ANY INCONSISTENT OR ADDITIONAl TERIIS AND CONDITIONS OR AllY PURCHASE
ORDER OR OTHER DOCUMENTSUBMlTTED BYTIlE C\JSTOMER.
O. Electronle 1led1a. ACT may scan, lax. emal,lmage, or 0\he1W1se cooya~ II1lI Agreement inb an electronic fonToat d any type or Ionn, oowla1own or dewloped...lha
Mute.!vrf undered 01 unadultellted copy of II1Is Agreement produ:ed from Sllch an electronic format wID be legally bIncilg upot'l1he pad1les and equivalent to II1e original br
81 purposes, IncIudiI19 &1Iga1ion. ACT may rely upot'l CUstomefs assentla the terms and CXJndRions oIl1lis Agreemerl ~ customer has signed !his Agreemerl or clemonmlled
Is Ir1blnt to be bOlJ1d e Iectroolcally or otherwlso.
P. Pe!1O/l8llnlorma1lon. CUsIoo1er /epnlsenta snd wananls 1hat Customer has oblalne<l an mqutred consenls and has 1he rlght to (al d'1SCIose 10 ACT al per1Orl&l
Infoonation d:sdosed hereU1der concemlf9 IrdMduaI*rnployees &1cWing an ...formation contained ... Custnmel's ECL, and (bl au1horIzB ACT 10 use such personal
Infom\allon to admi1ltlar 1he relationship between CUsIoo1er and ADT.lncludirlg the admi'l/Sllation oflllls Agreernert Custaner .clar:Jwbdges and afl80l !hat ADT IMY share
al such lnfonnallon wl1h Ils parent>, subsldiaros, atliliales and Jt:;Me~ successor <:oIpOIOIion$ or a'lt sLtlconlractor or aosigMe, will'" and autside !he OOIIltry In whIdllhe
......''''''..- '..............w /p; v-:: s Jut ()ij
I
TERMS AND CONDITIONS CONT1NUEO FRO" PREVIOUS PAGE
SIB
Pag~ 4 of 5
~ _.
.
TOWN NO. PUSTOMER NO JOB NO. PO NO. ESTIMATE'
0149-MIAMI, FL 114942214 l-lJUTXK
Am _ 1JJ<t'o'
AOT Security Services, Inc.
COMMERCIAl. SAl.ES AGREEMENT
DAm 5/12/2009
Andre Martinez
2601 Gateway Dr.
Pompano Beach, FL 33069
City of Sunny Isles
d/b/a:
Herein after called ("Customel"')
18070 Collins Ave,
Miami, FL 33160
Attn:
Tele. No. (305) 947-0606
ADT SecurIty ServIces, Inc. ("ADT")
Tele, No. (786)251-6171
ADDITIONAL TERMS AND CONDITIONS
Notwithstanding anything In the Agreement to the contrary, ADT and Customer agree as follows:
All other terms and conditions of the Agreement, except those expressly modified herein, shall remain In fuD force
and effect.
The foregoing modifications and/or additional terms and conditions are not binding unless approved in writing by an
authorized representative of ADT.
Accepted and Agreed:
ADT SECURITY SERVICE
~.
By:
I:~fned
ADT Authorized R
.
<
{
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Page 5 of 5
.
TOWN NO. USTOMER NO. JOB NO. PO NO. ESTIMATE #
0149-MIAMI, FL 114950876 1-77LS8H
=r AIwBys Thom'
AOT Securtty Services, Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/1412009
City of Sunny Isles
d/b/a: Pelican Park
HereIn after called ("Customer")
18115 North Bay Road,
Sunny Isles Beach, FL 33160
Attn: Edel Fonseca
Tele. No. (786) 251-6171 Tele. No. 305 947-0606
ADT to inslall Equipment and fumish \he Service(s) (collectively. \he 'System") indicated In \hIs Agreement:
ADT Security Services, Inc. ("ADT")
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
i :a
20 . Customer Owned
ment to become ro e of the Customer u on a ment of Sellin prtce Indicated below In full .
Customer agrees to pay the Sum of $0.00 {"Installation Charge-) with $ payable upon acceptance
of this Agreement ('Inslallation Charge Deposn") plus any applicable "Fees' and sales laxes. ADT
may invoice Customer for progress billings based upon Equipment andlor System components
delivered or stored, andlor Services performed belore completion of \he SystamlEquipmont
Inslallation. activation of \he System, connection to the C!AC, or any other Servlce(s). All outslandlng
Installation Charges and/or Fees shsll be due and payable upon completion of the Installation of the
EquipmenUSystem and as a precondition to activation of System and, ij applicable, connection to
ADT's Centrel !Aonnortng Center ('CMC') or any othar Servlce(s). For the Service(s) provided as
Indicated above, Customer agrees to pay service charges in the amount of $4,350.00 per annum
(the "Annual Service Charge'). payable In advance plu. applicable slate andlor local tax(es) tor 1
year(s) (\he 'Inlti.1 Term') affective from the date such Service Is operative under this Agreemanl
Until Customer has paid ADT \he Installation Charge and Fees In full, Customer grants to ADT a
security Interest In the Equipment and all proceeds thereof to secure such paymenl After the Initial
Term this Agreement shall automatically renew on alan Annual b.sls unle.. terminated by either
party upon wrillen notice et least 30 days prior to the anniversary dale. ADT shall have \he rtght to
increase Annual Service Charge(s) after 1 year. For termination prior to the end of the Initial Tenn,
Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered
prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unellpjred
term of the Agreement as liquidated damages but not 95 a penalty, Additionally, Cus10mer agrees to
pay any assessments, taxes, fees or charges Imposed by any governmental body, telephone,
communication, or sIgnal transmissKm company such 8S false alarm. permitting or connection fees,
or fe85 related 10 reprogramming alarm controls or other devices to comply with area code, signal
trallSmission, number1ng or other changes relating to the Installed Equipment and/or Service(s)
provided under this Agreement (collectively, "Fees'~
There may be a service charge to Customer for cancelled Installation/service appointments if
Customer cancels less than 24-hours prior to dispatch, or if AOT's representative Is s8nt to the
Customer's premises in response to a service call for false alarm or System malfunction caused by
Customer's operation contrary to instructions, failure to dose or properly secure a window. door or
other protected point. or Improper adjustment of monitors or accessory components.
Failure to pay amounts when due shall give ADT, in addition to eny other available remedies. the
right to terminate this Agreement and to charge interest at the highest legal rate on delinquent
amounts. Customer agrees to pay all costs, expenses and fees of AOTs enforcement of this
Agreement, Including collection expenses. court costs. and attorneys' fees. InstallatIon Charge{s) are
based on ADT performing the installation with Its own personnel. tf for any reason InstallatIon must
be performed by outside contractors, Installation Charge(s) may be subject to revision.
In addition to any other remedies available to ADT. AOT may terminate this Agreement and
discontinue any Service(s) if (a) ADTs CMC Is substantially damaged by fire or catastrophe or ~ ADT
is unable to obtaIn any connections or privileges required to transmit signals between the Customer's
premises, ADT's CMC or the Municipal Are or Police Department or other first responder, (b)
Customer falls to follow AOT's recommendations for the repair or replacement of defective parts of
the System not covered under \he Warranty or QSPIM.lntenance Service; (c) Customer's failure to
follow the operating instructions provided by ADT results In an undue number of false alarms or:
Syslem malfunction; (d) in ADT's sole oplnlon, the premises in which \he System is installed a
unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s)
impractical or impossible; or (0) for breach. Including Customer's failure to make payments when
due; and ADT will not be liable for any damages or subject to any penalty as a resurt of any such
termination.
Sales Agant Registration Number (if applicable):
. i
,__" ~;r
Sales Agent Andre N1l1ffrr:e;/ ,
Approved By:
e-Form 2881-E06 0412009
(Signature)
IF A 5-0 A Y FAMILIARIZATION PERIOD IS REQUESTED,
CUSTOMER MUST INITIAL HERE
IF MAINTENANCE SERVtCE IS DECLINED, CUSTOMER
MUST INITIAL HERE.
CUSTOMER ACCEPTANCE
Customer acknowledges that: (aJ ADT has explained the
full range of protection, equipment. and services available
to Customer. (b) additional protection over and above
\hat provided herein Is aveilable and may be oblalned from
ADT at an additional cost to the CUstomer; and (c)
Customer desires and has contracted for only the
Equipment and/or Servlce(.) Itemized in this Agreement; (d)
ij Type oITransaction Is Resale, the System Is ADT -owned
for ADT in.talled equipment and/or ADT connection to \ha
previously Inslalled exlsbng alarm system; (e) such
.EqulpmanUServlce(s) spoclfled In this Agreement are for
Customer's own use and not for the benefit of any third
party; (f) Customer owns the premises In which the
equipment is being installed or has the authorlty to engage
ADT to carry out the Installation in the premise.: end (g)
Customer will comply with all laws. codes and regulations
pertaining to the use of the EqulpmenUService(s).
In signing this Agreement. Customer agrees to the terms
and conditions contained in all the pages of the Agreement
n is understood \hat \he terms and conditions In the
Agreement shall prevail over any variation in terms and
conditions on any purchase order or other document that
the Customer may Issue. Any changes In the Schedule of
Protecllon requested by the Customer after the execution of
this Agreement may result In additional cost to the Customer
and any such changes/additions must be authorized In
writing by both the Cu.tomer and ADT.
ATTENTION IS DIRECTED TO THE WARRANTY, liMIT
OF LIABILITY AND OTHER CONDITIONS CONTAINED IN
THE SECTIONS ENTITLED "TERMS AND CONDITIONS.
AND "ADDITIONAL TERMS AND CONDITIONS".
THIS AGREEMENT REQUIRES WRITTEN APPROVAL
BY AN ACT AUTHORIZED MANAGER. WITHOUT SUCH
WRITTEN APPROVAl., ADrs ONLY LIABtUTYWILL BE
TO REFUND ANY AMOUNT CUSTOMER PAlO ADT
UPON SIGNING THIS AGREEMENT.
01997-2008 ADT - ALL RIGHTS RESERVED
License Information: AL Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116 , (334) 264.9388: AK 256239,
5520 Lake Otis Pkwy.. Anchorage, AK 99507: AR E0055, Regulated by Arkansas Bd. of Private Investigators & Prtvate Securtty Agencies, #1
State Police Plz. Or.. Uttle Rock 72209 (501)618-8600: AZ ROC109396-G12; ROC109402-L67: CA AC04227, PP012949, 707408; Alarm
company opemtors are licensed and regulated by the Bureau of Securtty & Investigative Services, Oepl. of Consumer Affairs, Sacramento, CA
95814.DC 39703010; FL EFOool121, ,0950, ,01123, -0478, EF2oo00341, -0413, EGOOool64: GA LVA205374, -205386, -002833, -001438, -
003379, -004452, -205572, LU001160: HI C27996: IL 127-000364: MA 45-C: MN TS00021: NV 0040091: NM 056126: NY 12000025576,
Licensed by NYS Depl. of State: NC Alarm Systems Licensing Bd" 1631 Midtown PI., Ste,l 04, Raleigh, 27609, (919)875-3611; 846-CSA: OH
16782,50-18-1052; 50-57.1034; 53-89-1329: 53-31-1582: 50-50-1019: 50-48-1032; 50-25-1050: 50-76-1025: OK 00067 OR 59944: RI
AFC0126: 18004: TN ACC-216,-241 ,-255,-773,-173,-937.-294,-748,-511 ,-934,,1227: TX B00536, Texas Private Securtty Bureau, 5805 N.
Lamar Blvd., Austin 78752: UT 297869-6501 : VA 11-1878; 11-1879; 11.3247; 11-3635; 11-3863; Alarm Securtty Contracting 2701-035978A
exp. 01/31: WA EC06 AOTSES103205.11824 N Creek Pkwy. #105, Bothell, WA 98011: WV 014142. Cal~omla Customers Onlv; Upon
completion of Ihe Installation of the alarm system, the alarm company shallthorou9hly Inslrue! the purchaser in the proper use of the alarm
system, Failure by the licensee, without le9al excuse, to substantially commence work within 20 days from the approximate date specified in the
agreement whan the work will begin Is a violation of the Alarm Company Act.
Page 1 of 5
(~_~"'____'__C'
. .
..---...----... ....-..-----.
.0
TOWN NO. USTOMER NO. JOB NO. PO NO. ESTIMATE #
014S-MIAMI. FL 114950876 1-nLS8H
ACT AIW9yll n-,,'
ACT Securlty Services, Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/1412009
ADT Security Services, Inc. ("ADr')
I
i
I'
Tele. No. (786) 251-6171
City of Sunny Isles
d/b/a: Pelican Park
Herein after called ("Customer")
18115 North Bay Road,
Sunny Isles Beach, FL 33160
Attn: Edel Fonseca
Tele. No. 305 947-0606
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
~r~ol~;2iu;.m..~m€tfl':lJ:~h;L ..,,~:"'...,"._~L.'~""-=-_", .,.... . ..,. ,.'.... :.\
Product Name
System - Access Control
Service - Access Control
Quality Service Plan (aSP) and Inspections - asp Only
u!~ro:a(lJlt:i:rbmllllltlilf~ll~f~e.lil:irj5jjJ8om)~~
--"~-,-
.---<
aty Product Name Location
1 AS NOW INSTAllED:
6 Access Control Panel
I 1 Interface Units
12 Card Reader .
8 Electric Door Strike
4 Mag-lock
11 Egress Button
11 Egress Passive Infrared Detector
1 All parts mentioned aboved will be covered under
the maintenance agreement.
1 No escalation charges will be Imposed for the terms
of the contract.
1 Customer may cancel this agreement at any time
after one year, after giving ADT thirty days written
1 notice.
1 There is no security interest on the part of ADT in
city owned equipment. /
, , "
rn ,g4d/Y
cU'lomerAccePtancesignalurfl//~ l ~
Page 2 of 5
-
. .
'i--.---------.. -.....--.--..----
.
TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE 1/
0149-MIAMI, FL 114950876 1-77LS8H
Mrr Always T/18ro"
ADT Security Services, Inc.
TERMS AND CONDITIONS
A. Central Station Signal. Receiving and No~atlon Sorvlce - shaU be provided by ADT K this Agreement Itcludes a charge for SelVice. hn alarm signal registers atADrs CMC,
ADT shall endeavor 10 n.otify tha appropnate Polite or Fire Depar1rnent and the daslgnated represenlBtive 01 the Customer. K a burglar alarm signal or fire signal regislers at ADrs
CMC, ADT at lis sole dlScnltion may endeavor to contact lt1e Custome~s premises by Ielephone to verify thatlhe alarm Is not false. Failirg to contact the Customer Pf'OIllltly or
questionlrg the nature of the response receiVed upon such contact, ADT shall endeavor to notify the appropriate Police Department or Fire Departmenl If a supeIVisory signal or
trouble signal registers atADrs CMC, ADT shall endeavor to notify promptly the designated representaUve of the Customer.
W ALARM ~ERIFICATION SERVICE is beirg fumished, n is nMually understood and agreed that equipment is beirg installed which, as to cerlain locations In the premises, will
require the activa~on of two sensing deVIces, or a second activation of a slrgle alarm sansor, or a continuous alann event from a single sensor, In order for an alarm signal to be
transmitted.
Customer shall assume full responsibility for the operation of any and ell bypass or switch uni1s provided for disconnectirg or reconnectirg lt1e alarm soundirg and/or transmittlrg
aqUlpment at Custome~s premises. The Customer represenls thai any vaull to be protected by ADT hereunder by sound or vibration detector sys1ems has lt1e minimum construction
characteristics prescn'bed by the Underwriters' Laboratories, Inc. The Customer agrees to test any ultrasonic, microwave, capacitance or olt1er electronic equipment designated prior
to setting the alarm system for closed periods, accordilg to procedures prescribed by ADT, and 10 notify ADT promptly ff such equipment fails to respond to the tesllf Customer has
requested a 5-day 'Familiarization Period' following completion of installation, and ff needed an extension period, for Customer to become familiar wfth the system operation, then
durirg this Familiarization Period Customer agr811s that if any signal (including an alarm signal) of any nature registers at ADrs CMC, ADT shall not respond to any signals.
endeavor to notify the authorities, Customer, or Custome~s designated representative, or undertake any other action with regard to any signal, whelt1er or not due to an actual
emergency evenl
Communication Facilities. (a) Authorization. ADT may make requesls for Information, service, or equipment In any respect on behaK of Customer to a telephone company,
wireless carrler, or other entity providing communication faclli1ies or seIVices for transmission of signals (the 'TeieCo1 under this Agreemenl (b) Digital Communicator. ij a Digital
Communicator is used to connect to ADT's CMC, Customer wiil provide a connection through a telephone jack to a telephone S8IVIce as may be required to operate tha ADT System,
Equipment or to provide the SaIVice. Such connection will be electrically first bafore any other telephone or Customer equipment and wiil be located within 10 feet of the ADT
alannlcontrol panel. ADT will provida such connection at Custome~s request and expense. (c) ADT'S RECEIPT OF ALARM SIGNALS, ELECTRONIC DATA, VOICE DATA OR
IMAGES (COLLECTIVELY, "ALARM SIGNALS') FROM THE EQUIPMENT OR SYSTEM INSTALLED IN CUSTOMER'S PREMISES IS DEPENDENT UPON PROPER
TRANSMISSION OF SUCH ALARM SIGNALS. ADT'S CMC CANNOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE SERVICE OR OTHER TRANSMISSiON MODE IS
NOT OPERATING OR HAS BEENCUT,INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN
AN ALARM SIGNAL OVER CUSTOMER'S COMMUNICATION FACilITIES OR TELEPHONE SERVICE FOR ANY REASON INCLUDING NElWORK OUTAGE OR OTHER
NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT
OTHER POTENTIAL CAUSES OF SUCH A FAilURE OVER CERTAIN TELEPHONE SERVICES QNCLUDlNG BUT NOT LIMITED TO SOME TYPES OF OSlo ACSL, VOIP,
DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE.TYPE SERVICE OR RADIO SERVICE, INCLUDING CEU.ULAR OR PRNATE
RADIO, ETC., OR CUSTOMER'S OWN PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR IP.PBX, OR OTHER PROPRIETARY TELECOMMUNICATION
NETWORK, OR OTHER THIRD-PARTY EQUIPMENT OR VOICElDATA TRANSMISSKlN NElWORKS OR SYSTEMS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR
THIRD PARTIES) I('NON.TRADITIONAL TELEPHONE SERVICE') INCLUDE BUT ARE NOT LIMITED TO: (1) LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED
PREMISES (THE BATTERY BACK.UP FOR ADT'S ALARM PANEL DOES NOT POWER CUSTOMER'S COMMUNICATiON FACILITIES OR TELEPHONE SERVICE); AND (2)
ELECTRONICS FAilURES SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT ACT WilL ONLY REVIEW THE INITIAL COMPATIBilITY OF THE
ALARM SYSTEM WITH CUSTOMER'S NON-TRADITIONAL TELEPHONE SERVICE AT THE TIME OF INITIAL INSTALLATION AND THAT CHANGES IN THE TELEPHONE
SERVICE'S DATA FORMAT AFTER ADT'S INITIAL REVIEW OF COMPATIBilITY COULD MAKE THE TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO
ADT'S CMC. IF ADT DETERMINES IN ITS SOLE DISCRETiON THAT IT IS COMPATIBLE, ADT WIU. PERMIT CUSTOMER TO USE ITS NON-TRADITIONAL TELEPHONE
SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT ACT RECOMMENDS THAT CUSTOMER
ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC REGARDLESS OF THE TYPE OF
TELEPHONE SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF ADT DETERMINES IN ITS SOLE DISCRETiON THAT CUSTOMER'S NON-TRADITIONAL
TELEPHONE SERVICE IS OR LATER BECOMES NON.cOMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON.TRADlTiONAL TELEPHONE SERVICE THAT IS NOT
COMPATIBLE, THEN ACT REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO ACT AS THE PRIMARY METHOD TO
CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC. ADT WILL NOT PROVIDE FIRE OR SMOKE AlARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN A
TRADITIONAL TELEPHONE LINE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES TRADITiONAL TELEPHONE
SERVICE FOR ANY SUCH MONITORING AND THAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO
UNDERSTANDS THAT IF CUSTOMER'S AlARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF THE NON.TRADITIONAL TELEPHONE
SERVICE LINE IS CUT OR INTERRUPTED, AND THAT ADT MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES OR PROVIDE CERTAIN AUXilIARY MONITORING
SERVICES THROUGH A NON.TRADITIONAl TELEPHONE LINE OR SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DECISION TO USE NON.TRADITIONAL
TELEPHONE SERVICE AS THE METHOD FOR TRANSMITTING ALARM SIGNALS IS BASED ON CUSTOMER'S OWN INDEPENDENT BUSINESS JUDGMENT AND THAT
ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTANCE, INVOLVEMENT, INPUT, RECOMMENDATION, OR ENDORSEMENT ON THE PART OF ADT. CUSTOMER
ASSUMES SOLE AND COMPLETE RESPONSIBILITY FOR ESTABLISHING AND MAINTAINING ACCESS TO AND USE OF THE NON.TRADITIONAl TELEPHONE SERVICE
FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UNABLE TO SEIZE THE
PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONNECTION OR OTHERWISE.
B, Warranty: If the transaction type is a 'Direct Sale', any part of the system, including the wiring, Installed under this Agreement which proves to be defective in material or
workmanship within ninety (90) days of the date of completion of installation wiil be repaired or replaced at ADT's option with a new or functionally operative palt Labor and material
required to repair or replaca such defective componenls will be free of charge for a period of ninety (90) days foIlowlrg the completion of the originallnstallalion. this Warranty does
not apply to the 'Conditions Not Covered by Warranty" listed below (the 'Conditions1 and if Customer calls ADT for service under the Warranty and upo~ Inspection by ADrs
representative ~ is found that one of these Conditions has led to the inoperabilty or apparent Inoperabllity of the system, a cI1arge will be made for the seIVlee call of ADrs
reprasentative whether or not he actualiy works on the system. Should ~ actually be necessary to make repairs to the system due to one of the Conditions, a charge will be made for
sucl1 war'< at ADrs then applicable rates for labor and material. SaIVice will be fumlshed by ADT durirg ADT's normal wlllking hours 01 8:00 A.M. to 4:30 P.M. Monday through
Friday, except holidays. Conditions: (a) Damage or extra service time resuiling from accidenls, acts of God, lightning, strikes, rla1s, floods, terrorism, acts of War, alteration, misuse,
tampering or abuse, adjustrnenls, repairs or maintenanca not done by ADT, or from parts, accessories, attachmenls or olt1er devices not fumished by ADT; (b) Custome~s improper
operation per instructions; (c) Adjustrnen1s necessitated by Video camera misalignment, improper monilor brightness and contrast tuning dials, or Inadequate flQhUrg on viewing area;
(d) Trouble due to interruption of commercial power to the phone service or use of Non-Traditional Teklphone Service; (e) Battery failure: (Q Devices designed to fail In protecting the
System such as , but not limited to, fuse and circuit breakers; (g) System changes requested by Customer.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,lNClUDlNG BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICUlAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING ADT'S NEGLIGENCE, SHAU. BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. ADT SHALL IN NO
EVENT BE lIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY
OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER AllEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY ACT OR
NEGLIGENCE OF ADT OR OTHERWISE.
C. Maintenance - If Customer has purchased maintenance seIVice on any 01 the Equipment ADT will, upon Customer's reques~ provide Ofllinary maln1enance and rapalr 01 the
covered equilment due to normal wear and tear and bear the expense thereof. The expense of all extraordilary maintenance and repair due to alterations in the Custome~s
premises, alterations of the system made at the request of 1ha Cuslomer, or made necessary by changes In the Custome~s premises, damage to the premises or to the alarm system,
or to any cause beyond the con~oI 01 ADT, shall be bome by the Customer. The Customer agr811S to furnish any necessary elactric tlJrrant through lt1e Custome~s meter and at the
Custome~s own expense wfth an outlet within 10 feet of lt1e ADT Control Panel. It is mutually agreed that the woril of Installation and ADT's repalr5 01 the systam shall be perfonned
betw811n ADrs normal woriling hours of 8:00 A.M. to 4:30 P.M.. Monday through Friday, except holidays.
EXCLUSIONS: Maintenanca on the following devices w1l1 be provided only on a time and malerial basis: (1) window foil, (2) security screens, (3) exterior moonted devices, (4)
PROM (Programmabkl Read Only Memory), (5) Equipment subject to the Cond~lons Not Covered by Warranty fISted in Paragreph B. above, (6) compuler hardware, software, or
compulllr networks.
It is understood and agreed that ADT's obligation relates to the maintenance solely of the specifIC Equipment covered under the Maintenance SaIVice Contract, and thaI ADT is In
no way obflQallld to maintain, repair, seIVice, replace, opera1e or assure the operation 01 any device or devices of the Customer or of others not Installed by ADT. If not contracted for
betore the expiration oltha Warranty, ADT wi'J enter 1010 a Maintenanca SaIVlee Contract onty aner inspecting the systam and makirg any necessary repairs or replacamenls to the
system at a charge to the Customer for labor and/or material at ADrs then prevallirg rates.
INSPECTIONS - AOT wlli provide lt1e number of Inspections of the System only as specified in this Agreement and such Inspections shall be performed durirg ADrs normal
wol1<lng hours of 8:00 A.M. to 4:30 P.M., Monday through Friday. except holidays and subject to 'EXCLUSIONS' set forth In Paragraph C, above for maintenanca.
D. INVESTIGATOR RESPONSE SERVICE. If Customer has purchased InvesUga10r Response Service, such services shall be provided alXXlldilg to the level selected as follows:
Levell. Ex1erior Investigation: Upon receipt of a burglar alann signal from the CustDme~s premises, ADT, in addition to notifying the Pollee Department as indicated above, will
endeavor to notify the Custome~s designated representative and also endeavor to dispatch a representative to lt1e Custome~s premises. The representative will ma'<e an
Investigation of the exterior of lt1e premises from his vehicle. At the conclusion of the representative's investigation, ADT will notify the Customers designated represenlative of lt1e
results at the investlgalion. .
TERMS AND CONDITIONS ARE CONTINUED ON THE NEXT PAGE
Page 3 of 5
Level.1I . Interior Investigation: Upon reoeipt of a burglar alarm signal from the Customer's premises, ADT, in addition 10 notifying the police department as indicated
above, WIll endeavor to dispatch a representative, The representative will conduct an exterior Inves1lgallon and then enter the Custome(s premises with keys which must be
provided by the Customer and make an Inlerlor investigation. However, ~ thare is evidence of an attacl\, the ADT representative willlemllnate his Investigallon until the police
arrive. The Custome(s representative will then be noUlIed ~ there has been an attack. Otherwise a notice oftlle alannwlll be left at the oontrol unit
For either level of investigaUon, tha Customer authorizes and directs ADT to cause the arrest of any person or pelSOl1S unauthOllzed 10 enter his premises and 10 hold .,un or
them unUI released by the Customer or an authorized krlC1HT1 representative, and in such cases to Indemnify ADT against any liability, cost or expense in conS8<luence of ~uch
arrest If the Customer reques1s that the ADT Representative remain alll1e premises pending Custome(s arrival, and ADT agrees to comPlY, the Cuslomer will be char.leci at
ADT's then prevailing rate for labor. '; .
E. 1, ADT tS NOT AN INSURER. THE AMOUNTS ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE
V~~uc,<lF THE SERVICES, SYSTEM AND EQUIPMENT ADT PROVIDES AND ARE UNRELATED TO THE VAlUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF
D. . . LOCATED IN CUSTOMER'S PREMISES, OR ANY RISK OF LOSS ON CUSTOMER'S PREMISES.
. : 2, ADT'S SERVICES, SYSTEMS AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURENCES OF THE EVENTS THEY ARE INTENDED TO
~. ;' OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
p'. . ICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES
TI .rtEFROM. ACCORDINGLY, ADT DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF
OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS, THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT ADT.
INSURANCE, IF MY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ADT SHALL HAVE NO LIABIUTY FOR LOSS, DAMAGE OR INJURY DUE
DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICES ARE INTENDED TO DETECT OR AVERT.
CUSTOMER SHAlL LOOK EXCLUSIVELY TO ITS INSURER MD NOT TO ADT TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY.
CUSTOMER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM ADT ARISING AS A RESULT
OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON.
3. IF NOTWITHSTANDING THE PROVISIONS OF THIS SECTION E, ADT IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAl
THEORY DUE TO A FAILURE OF THE SERVICES, SYSTEM OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAl TO 10% OF
THE ANNUAL SERVICE CHARGE OR $l,ODO, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AS CUSTOMER'S SOLE
REMEDY. THIS WILL BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY,
WHICH MAY RESULT FROM ADT'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. IF CUSTOMER REQUESTS, ADT MAY ASSUME
GREATER LIABILITY BY ATTACHING A RIDER TO THIS AGREEMENT STATING THE EXTENT OF ADT'S ADDITIONAl LlABtLITY AND THE ADDITIONAl CHARGES
CUSTOMER WILL PAY FOR AnT'S ASSUMPTION OF SUCH GREATER LIABILITY. HOWEVER, SUCH ADDITIONAL CHARGES ARE NOT INSURANCE PREMIUMS
AND AnT IS NOT AN INSURER EVEN IF IT ENTERS INTO SUCH A RIDER,
4. THE PROVISIONS OF THIS SECTION E SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS,
EVEN IF DUE TO ADT'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR
OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF ACT,ITS
AGENTS OR EMPLOYEES, IF ANY OTHER PERSON, INCLUDING CUSTOMER'S SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST
ADT IN ANY WAY RELATING TO THE SERVICES, SYSTEM OR EQUIPMENT THAT ARE THE SUBJECTS OF THIS AGREEMENT, THEN CUSTOMER SHALL
INDEMNIFY AND HOLD ADT HARMLESS FROM ANY AND All SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS
AND ATTORNEYS' FEES.
5, NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT OR ITS AGENTS, EMPlOYEES, SUBSIDIARIES, AFFILIATES OR PARENTS (BOTH DIRECT
AND INDIRECT) MORE THAN ONE YEAR AFTER THE INCIDENT THAT RESULTED IN THE LOSS,INJURY OR DAMAGE OCCURRED, OR THE SHORTEST DURATION
PERMmED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE YEAR.
5. THE PROVISIONS OF THIS SECTION E SHAll APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES,
AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT) AND AFFINTIY MARKETERS. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A
MUNICIPAL POLICE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THEN THAT DEPARTMENT OR OTHER ORGANIZATION MAY ALSO INVOKE THE
PROVISIONS OF THIS SECTION E AGAINST ANY CLAIMS DUE TO ANY FAILURE OF SUCH DEPARTMENT OR ORGANIZATION.
F. If INTRUSION DETECTION SERVICE or WATCHMAN'S REPORTING SERVICE is fumished under this Agreemeo~ the service will be provided in accordance
with a separate Rider which shall be attached 10 and made a part of this Agreement
G. VIdeo Equipment. Customer will provide adequate iIIumi1aUon under an operational conditions for the proper operation of the closed circuit television camera and
will provide the 110 AC power supply where required as well as sufllclent space for monitors.
H. A Direct Connection 10 the Mmicipal Police, FIre Department or other Agency shown shall be provided If this Agreement provides for such direct connect service.
It is mutually understood and agreed that signals transmitted hereunder will be monitored In Municipal Police andIor Fire Departments or other Agency and that the personnel of
such Municipal Police andlor Fire Departments or other Agency are not the agents or ADT nor does ADT assume any responsibility for the manner in which such signais are
monitored or the response, if any, to such signais.
I. Hazardous Materials. In all cases except when the project Involves new construction, Customer represents and warrants that to the besl of Custome(s knowledge
the work site Is free of any hazardous materials. 111e tenn "hazardous matenals' shall include but nol be limited 10 asbeslDs, asbeslos.contai1ing material, polychlorinated
biphenyl ("PCB"), fonnaldehyde or other potentially toxic or othelWise hazardous material. If any such substance is discovered on the work site, ADT will not be required to
install or service the Equipment at such site unless and unUI Customer certifies the removal or safe contailment of such hazardous matenals. Customer shall indemnity,
defend, and hold ADT, its offJCers, directors, and agents hannless from any damages, claims, InJunes, liabilities resulting frnm the exposure of ADrs employees, contractor.;, or
subcontractors to hazardous materials at the work s~e; provided, however, that the !oregoilO provision will not apply when it has been delenniled that such hazardous
materials were brought to lI1e work sile by ADT.
J. SAFETY ACT WAIVER. CERTAIN OF ADT'S SYSTEMS AND SERVICES HAVE RECEIVED CERTIFICATION AND/OR DESIGNATION AS QUALIFIED ANTI"
TERRORISM TECHNOLOGIES ("DATT") UNDER THE SUPPORT ANT~TERRORlSM BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, 5 U.S.C. M 441-444
[THE "SAFETY ACT"), AS REQUIRED UNDER 5 C.F,R. 25.5(E), TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE
THEIR RIGHT TO MAKE ANY CLAIMS AGAINST THE OTHER FOR ANY LOSSES, INCLUDING BUSINESS INTERRUPTION LOSSES, SUSTAINED BY EITHER PARTY
OR THEIR RESPECTIVE EMPLOYEES, RESULTING FROM AN ACTIVITY RESULTING FROM AN "ACT OF TERRORISM" AS DEFINED IN 5 C.F.R. 25.2, WHEN DATT
HAVE BEEN DEPLOYED IN DEFENSE AGAINST, RESPONSE TO, OR RECOVERY FROM SUCH ACT OF TERRORISM.
K. ADT ASSUMES NO LIABILITY FOR DELAYS IN INSTAlLATION OF THE EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR
FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, ACTS OF GOD OR ANY CAUSES BEYOND
THE CONTROL OF ADT, AND WILL NOT BE REQUIREO TO SUPPLY SERVICE TO THE CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE
SHALL CONTINUE.
L. Assignment; Enforcaability. This Agreement is not assignable by the Customer except upon wntten consent of ADT first being obtained. ADT shan have lI1e right to
assign this Agreement or to subcontract any of Its obligallons under this Agreement wilhout notice to Customer. If any of the provisions of this Agreement shall be determined
to be invalid or unenforceable, the remaililg provisions shall remain in full tOfte and elfect
M. System Software; Network Connections, Any software provided with the System or In connection with the Services is proprietary to ADT and/or AOrs supplia~s) and
Is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties. (b) duplicate, reproduce, or
copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was fumlshed. A separate Software License
Agreement or End User License Agreement between ADT andlor the software publisher may be required to use the software andlor obtain updates/upgrades. If the installed
Equipment is to be connected to Custome(s computer network ("Networ1l"). ADT will fumlsh and Install lI1e software needed to run the Equipment and will connect the
Equipmenllo the Network according 10 the Network settings supplied by Customer. InstallaUon shall not include modificaUons to the Nelwor1<, security, or firewall settings. ADT
shall not be responsible for the setup, operation, or maintenance of the Network or Networl< pertonnance or compatibility issues. ADT may assess addiUonal chal)les, ~ ADT is
unable \0 connect \0 the Nelwor1< or II any additlonai Equipmenlls required to facilitate connectivity between the Network and the equipment
N. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND ADT. IN EXECUTING THIS AGREEMENT, CUSTOMER IS NOT
RELYING ON ANY ADVICE OR ADVERTISEMENT OF ADT. CUSTOMER AGREES THAT ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR
WARRANTY, EXPRESS OR IMPLIED, NOT INCLUDED IN WRITING IN THIS AGREEMENT SHALL NOT BE BINDING UPON ANY PARTY, AND THAT THE TERMS AND
CONDITIONS HEREOF APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, EXCEPT AS SPECIFICALLY MODtFIED IN WRITING. THE TERMS AND
CONDITIONS OF THIS AGREEMENT SHALL GOVERN N01WlTHSTANDlNG ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS OR ANY PURCHASE
ORDER OR OTHER DOCUMENT SUBMmEO BY THE CUSTOMER.
O. Electronic Media. AOT may scan, fax, email, image, or otherwise convert this Agreement Into an electronic fonnal of any type or fonn, row krlC1HT1 or developed i1 the
future. Any una~ered or unadullerated copy of this Agreement produced from such an electronic foonet will be legaUy blndi1g upon the parities and equivalent to the original for
all purposes, Including litigation. ADT may rely upon Customers assent to the terms and condillons of this Agreement if Customer has s~ned this Agreement or demonstrated
its intent to be bound electronically or otherwise.
P. Pertonallnfonnation. Cus10mer represents and warrants thai Customer has obtained all required consents and has lI1e right to (a) disclose to ADT all personal
Information disclosed hereunder oonceming indivi:lualslempklyees Including all Information conlalned i1 Cuslome(s ECL, and (b) authonze ADT to use such personal
informaUon to admlnislerthe relationship between Customer and ADT, including the admlnlslraUon of this AgreemenL Customer acl<nowledges and agrees that ADT may share
all such infonnaoon with its parents, subsidiarkls, affiliates and itsItheir.successor corporations or any subcontractor or assignee, wilhi1 and ou1side the country In which the
--;............., .., ."...~~-
:.._ ~,.....___._.Ll.:
TERMS MD CONDITIONS CONTINUED FROM PREVIOUS PAGE
Page 4 of 5
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TOWN NO. CUSTOMER NO. JOB NO. PO NO. ESTIMATE #
0149-MIAMI, FL 114950676 1- 77LS8H
ACT Always TI>8re-
I\D~ Security Services. Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/1412009
AnT Security Services, Inc. ("ACT")
City of Sunny Isles
d/b/a: Pelican Park
Herein after called ("Customer")
18115 North Bay Road,
Sunny Isles Beach, FL 33160
"
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
Tele. No. (786) 251-6171
Attn: Edel Fonseca
Tele. No. 305 947-0606
ADDITIONAL TERMS AND CONDITIONS
Notwithstanding anything in the Agreement to the contrary, ADT and Customer agree as follows:
All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force
and effect.
The foregoing modifications and/or additional terms and conditions are not binding unless approved in writing by an
authorized representative of ADT.
Accepted and Agreed:
By:
An~rtlnez
Approved (Signature):
By:
S!~
Date 5i ned
Page 5 of 5
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TOWN NO. jCUSTOMER NO. JOB NO. PO NO. ESTIMAlE #
0149-MIAMI, FL 114950876 03 1-781S3V
ACT Always ~
ADT Securtty Services, Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/14/2009
ADT Security Services, Inc, ("ADT")
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
City of Sunny Isles
d/b/a: Pelican Park
Herein after called ("Customer")
18115 North Bay Road,
Sunny Isles Beach, FL 33160
Altn: Edel Fonseca
Tele. No. (786) 251-6171 Tele. No. 305 947-0606
ADT to Install Equipment and furnish the Service(s) (collectively, !he 'System') Indicated In this Agreement
20 - Customer Owned
Direct Sale e ul ment to become ro e of the Customer u on a ent of Sellin Price indicated below in full .
Customer agrees to pay the Sum or $0.00 ilnstallation Charge') with $ payable upon acceptance
of this Agreemant ('Installation Charge Deposit') plus any applicable 'Fees' and sales taxes. ACT
may InvoIce Customer for progress billings based upon Equipment and/or System components
delivered or stored, and/or Services performed belore completion 01 the System/equipment
InstallaUon, activation or the System, coMection to the CMC, or any other Service(s). All outstanding
Installation Charges and/or Fees shall be due and payable upon completion 01 the Installation of the
EqulpmenVSystem and as a precondition to activaUon or System and, n applicable, connection to
ADrs Central Monitcring Center iCMC') or any other Servlce(s). For the Servlce(s) provided as
indIcated above. Customer agrees to pay service charges in the amount of $4.350.00 per annum
(the 'Annual Service Charge'). payable in advance plus applicable state and/or local tax(es) for 1
year(s) (the 'Inlllal Term') effective lrom the date such Service Is operoUve under this Agreement.
Until Customer has paid ADT the Installation Charge and Fees in lull, Customer grants to ADT a
security Interest In the Equipment and all proceeds thereol to secure such payment Alter the Ini1ial
Term thIs Agrel!!lment shall automatically renew on alan Annual basis unless terminated by either
party upon written notice at least 30 days prior to the anniversary date. ADT shall have the right to
Increase Annual Service Charge(s) alter 1 yaar. For termination prior to the end 01 the Initial Term,
Customer agrees to pay, in addition to any outstanding Fees and charges for Servlce(s) Tendered
prior to tennina~on, 90% 01 the Annual Service Charge(s) remaining to be paid for the unexpired
term of the Agreement as liquidated damages but not as a penalty. Additionally, Customer agrees to
pay any assessments. taXBS, fees or charges imposed by any govemmental body. telephone.
communication, or slgllal transmission company such as false alarm, permitting or connection fees.
or fees related to reprogramming alarm controls or other devices to comply with area code, signal
transmission, numbering or other changes relating to the ins1alled Equipment andlor Service($)
provided under this Agreement (collectively, 'Fees').
There may be a s.ervtce charge to Customer for cancelled installation/service appointments If
Customer cancels less than 24-hours prior to dispatch, or If ADTs representative Is sent to lhe
Customer's premises'in response to a service call for false alarm or System malfunction caused by
Customer', operation contrary to InstruclloO$. failure to close or property secure a window, door or
other protected point, or Improper adjustment of monitors or accessory components.
Failure to pay amounts when due shall give ADT, in addition to any other available remedies. the
right to tenninate this Agreement and to charge Interest at the highest legal rate on delinquent
amounts. Customer agrees to pay all costs, expens.es and fees of ADT's enforcement of this
Agreement, Including collection expenses, court costs, and attorneys' fees. Installation Charge(s) are
based on ADT performing the Installation with its own personn.l. If for any reason installation must
be performed by outside contractors, Installation Charge(s) may be subject to revision.
In addition to any other remedies available to ADT, AOT may terminate thIs Agreement and
discontinue any Service(s) rt (al ADrs CMC Is substantially damaged byflre or catastrophe or if ADT
Is unable to obtain any connectlons or prtvileges required to transmit signals between the Customer's
premises, ADrs CMC or th. Municipal Fire or Police Department or other first responder, (b)
Customer fails to follow AOTs recommendations for lhe repair or replacement of defective parts of
the System not covered under the Warranty or aSP/Malntenance Service; (e) Custome~s lailure to
follow the operating instructlons provided by AOT results In an undue number of false alarms
System manunction; (d) In ADrs sole opinion, the premise. in which the System Is Installed re
unsafe. unsuitable, or so modified or altered after installation as to render continuation of Servlce(s)
Impractical or imposs.ible; or (e) for breach, IncltJdlng Customer's failure to make payments when
due; and ADT will not be ilable for any damages or subject to any penalty as a result of any such
terminallon.
Sales Agent Registration Number (If applicable);
I
I
,._~" -2
Sale. Ag.nt: An z
~
(Signature)
Approved By:
e-Form 2881 -E06 04l200g
IF A 5-OAY FAMIUARIZATION PERIOD IS REQUESTED,
CUSTOMER MUST INITIAL HERE
IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER
MUST INITIAL HERE.
CUSTOMER ACCEPTANCE
Cuslomer acknowledges that: (0) ADT hes explained the
full range of protection. equIpment, and services avallab1e
to Customer; (b) additional protection over and above
that provlded 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 andlor Service's) i1emized In !hIs Agreement (d)
If Type or Transaction is Resale. the System Is ADT -owned
lor ADT Installed equipment and/or ADT connection to the
previously installed existing alarm system; (e) such
.EquipmenVService(.) specified In this Agreement are for
Customer's own use and not for the benefit of any third
party. (f) Customer owns the premises in which the
equipment Is beIng Installed or has the authority to engage
ADT to carry out the Instailation in the premises; and (g)
Cuslomer wliI comply with ail taws, codes and regulations
pertaining to the use 01 !he EqulpmenVServicels).
In signing this Agreement, Customer agrees to the terms
and conditions contained In all the pages of the Agreement
It is understood that the terms and conditions in the
Agreement shall prevail over any variation In terms and
conditions on any purchase order or other document that
the Customer may issue. Any change. In th'e Schedule or
Protection requested by the Customer after the execution of
this Agreement may result In additional cost to the Customer
and any such changes/additions must be authorized in
writing by both the Customer and ADT.
ATTENTION tS DIRECTED TO THE WARRANTY, LIMIT
OF LIABILITY AND OTHER CONDITIONS CONTAINED IN
THE SECTIONS ENTITLED "TERMS AND CONDITIONS"
AND "ADDITIONAL TERMS AND CONDITIONS".
THIS AGREEMENT REQUIRES WRITTEN APPROVAL
BY AN ADT AUTHORIZED MANAGER. WITHOUT SUCH
WRITTEN APPROVAl., ADT'S ONLY UABILlTY WilL BE
TO REFUND ANY AMOUNT CUSTOMER PAID ACT
UPON SIGNING THIS AGREEMENT.
C19S7-2008 ADT - ALL RIGHTS RESERVED
License Informa~on; AL Alabama Electronic Security Board 01 Licensure, 7956 Vaughn Rd., Montgomery 36116 , (334) 264-9368: AK 256239,
5520 Lake Otis Pkwy.. Anchorage, AK 99507: AR E0055, Regulated by Arkansas Bd. of Private Investigators & Private Security Ag.ncies, #1
State Police Plz. Dr., Little Rock 72209 (501)618-8600; AZ ROC109396-C12; ROC109402-L67: CAAC04227, PP012949. 707408; Alarm
company operators are licensed and regulated by the Bureau of Security & Investigative Services, Depl of Consumer Affairs, Sacramento, CA
95814.DC 39703010: FL EFOOOl121, -0950, -01123, -0478, EF20oo0341, -0413, EGoo00164: GA LVA205374, -205386, -002833, -001438,-
003379, -004452, -205572, LU001160: HI C27996: IL 127-000364: MA45-C: MN TS00021: NY 0040091: NM 056126: NY 12000025576,
Licensed by NYS Depl of State; NC Alarm Systems licensing Bd., 1631 Midtown Pl., Ste.104, Raleigh, 27609, (919)875-3611; 846-CSA: OH
16782,50-18-1052; 50-57-1034; 53-89-1329; 53-31-1582; 50-50-1019; 50-48-1032; 50-25-1050; 50,76-1025; OK 00067 OR 59944: RI
AFC0126; 18004; TN ACC-216,-241 ,-255,-773,-173,-937,-294,-748,-511 ,-934,-1227: TX 800536, Texas Private Securtty Bureau, 5805 N.
Lamar Blvd., Austin 78752; UT 297869-6501: VA 11-1878: 11-1879; 11-3247; 11-3635: 11-3863: Alarm Security Contracting 2701-035978A
expo 01/31: WA EC06 ADTSES103205.11824 N Creek Pkwy. #105, Bothell, WA 98011: WV 014142. California Customers Onlv: Upon
completion oflhe installation of the alarm system, tho alarm company shall thoroughly instruct the purchaser In the proper use of the alarm
system. Failur. by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the
agreement when the work will begin Is a violation olthe Alarm Company Act.
Page 1 of 5
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TOWN NO. USTOMER NO JOB NO. PO NO. ESTIMATE #
0149-MIAMI, FL 114950876 03 1-781S3V
~ ~ There'
ADT Security Services, Inc.
COMMERCIAL SALES AGREEMENT
DATE 5/1412009
ACT Security Services, Inc. (" ADT")
Andre Martinez
2801 Gateway Dr,
Pompano Beach, FL 33069
City of Sunny Isles
d/b/a: Pelican Park
Herein after called ("Customer")
18115 North Bay Road,
Sunny Isles Beach, Fl 33160
..'
Tele. No. (786) 251-6171
Attn: Edel Fonseca
Tele. No. 305 947-0606
~~.rn.Yffif~!~Lllti~1jl~~1{t;.\tlli~~1i~I:;;f.'\~~~~~kllii~~...~~;iL,~li, >, ;:'_J.~l...., ~..-.. ~ ..,.-z.~,~1.':..;"1 , u..oJc.-;h A:. ~':~?:.~~O(~,~
Product Name
Service - Closed Circuit Television
Quality Service Plan (QSP) and Inspections - QSP Only
iIlPlp\lll<ltilma!!llQ'lsl1lomMe:iltIllWiili5~)--!.UIIJJiIl!Ril!ll--.--IIIL~_,_~1
Qty Product Name
1 AS NOW INSTALLED:
Location
2 Digital Video Recorder
10 Camera Exterior
12 Dome Camera
2 Monitor
2 Power Supply
All parts mentioned above will be covered under the
maintenance agreement.
No escalation charges will be imposed for the terms
of the contract.
Customer may cancel this agreement at any time
after one year after giving ADT thirty days written
notice.
There is no security interest on the part of ADT in
city owned equipment.
~
Page 2 of 5
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TOWN NO. CUSTOMER NO. JOB NO. PO NO. ESTIMATE #
0149-MIAMI. FL 114950876 03 1-781S3V
ADT Always 7l>anr
ADT Security Services. Inc.
TERMS AND CONDITIONS
A. Central Station Signal Receiving and Notification Service. shall be provided by ADT ij this Agreerrent includes a cha'lle for Service. if an alarm signal registelS at ADT's CMC.
ADT shall endeavor to notify the appropriate Police or Fire Department and the desil)nated representative of the Cus1omer. If a bUllllar alarm signal or fire signal registelS at ADT's
CMC. ADT at its sole discretion may endeavor to contact the Custom81's premises by telephone to venfy that the alarm is not false. Failing to contact the Customer proflllUy 01
Questioning the nature of the response received upon such conlact. ADT shall endeavor to notify the approptiate Police Departmeot or Fire Department If a supervisory signal or
trouble signal registers atADT's CMC. ADT shall eodeavor to nolify promptly the designated representative of the Customer.
K.ALARM VERIFICATION SERVICE is being furnished. tt Is mutually understood and agreed that equlpmenlls being Instaled which. as to certain locations in the premises. will
reqUire the activation of two sensing devices. or a second activation of a single alarm sensor. or a continuous alarm eveot from a single sensor. in order for an alarm signal to be
transmitted.
Customer shall assume full responsibiflty for the operaoon of any and all bypass or switch units provided for disconnecting 01 reconnecting the alarm sounding and/or transmitting
eqUlpmeot at Cusloma(s premises. The Customer represents that any vault to be protected by ADT hereunder by sound or vibration detector systems has the millmum coostructlon
characteristics prescr1bed by the Underwr1ters' LabOl3torles. Inc. The Customer agrees to test any ultrasonic, microwave, capacitance or other electronic equipment designated pr10r
to setiing the alarm system for closed periods. according to procedures prescribed by ADT. and to notify ADT promptly if such equipment fails to respond to the test If Customer has
requested a 5-<1ay 'Famiflarization Pancd' followi1g completion of installation, and W needed an extension period. for Customer to become familiar with the system operation. then
during this Familiarization Perm Customer agrees that W any signal (Including an alarm signal) of any nature registelS at ADT's CMC. ADT shall not respond to any signals.
endeavor to notify the authorities. Customer. or Custome(s deslgnaled representative. 01 undertake any other action with regard to any signal. whether or not due to an actual
emergency event
Communication Facilities. <a) Authorization. ADT may make requests for Information. service, 01 equipment In any respect on behall 01 Cuslomer to a telephone company,
wireless carrier, or other entity p/Ovlding commmication facilities or services for transmission of signals (the 'TeIeCo') under this Agreement (b) Digital Communicator. If a Digital
Communicator Is used to connect to ADT's CMC, Cus100ler will provide a connection through a telephone jack to a telephone service as may be required to operate the ADT System,
Equipment or to provide the Service. Such oonnecllon will be elecbically filSt before any other telephone or Customer equipment, and will be located within 10 feet of the ADT
alarm'control panel. ADT will provide such coonec1lon at Custome~s requesl and expense. (c) ADT'S RECEIPT OF ALARM SIGNAlS, ELECTRONIC DATA, VOICE DATA OR
IMAGES (COLLECTIVELY, "ALARM SIGNALS") FROM THE EQUIPMENT OR SYSTEM INSTALlED IN CUSTOMER'S PREMISES IS DEPENDENT UPON PROPER
TRANSMISSION OF SUCH ALARM SIGNALS. ADT'S CMt CANNOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE SERVICE OR OTHER TRANSMISSION MODE IS
NOT OPERATING OR HAS BEEN CUT,INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE. TRANSMIT OR MAINTAIN
AN ALARM SIGNAL OVER CUSTOMER'S COMMUNICATION FACILITIES OR TELEPHONE SERVICE FOR ANY REASON INCLUDING NETWDRK DUTAGE OR OTHER
NETWDRK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAl QUALITY. CUSTOMER UNDERSTANDS THAT
OTHER POTENTIAL CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE SERVICES (INCLUDING BUT NOT LIMITED TO SOME TYPES OF DSL, ADSL, VOIP,
DIGITAl PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE.TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE
RADIO. ETC., OR CUSTOMER'S OWN PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR IP.PBX, OR OTHER PROPRIETARY TELECOMMUNICATION
NETWORK, OR OTHER THIRD.PARTY EQUIPMENT OR VOICElDATA TRANSMISSION NETWORKS OR SYSTEMS OWNED, MAINTAINEO OR SERVICED BY CUSTOMER OR
THIRD PARTIES) I'"NON-TRADITIONAL TELEPHONE SERVICE") INCLUDE BUT ARE NOT L1MITEO TO: (1) LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED
PREMISES (THE BATTERY BACK.UP FOR ADT'S ALARM PANEL DOES NOT POWER CUSTOMER'S COMMUNICATION FACILITIES OR TELEPHONE SERVICE); AND (2)
ELECTRONICS FAILURES SUCH AS A MODEM MALFUNCTION. CUSTOMER UNDERSTANDS THAT ADT WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF THE
ALARM SYSTEM WITH CUSTOMER'S NON.TRADITIONAL TELEPHONE SERVICE AT THE TIME OF INITIAL INSTAlLATION AND THAT CHANGES IN THE TELEPHONE
SERVICE'S DATA FORMAT AFTER ADT'S INITIAL REVIEW OF COMPATIBIUTY COULD MAKE THE TELEPHONE SERVICE UNABLE TO TRANSMIT ALARM SIGNAlS TO
ADT'S CMC. IF ACT OETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, ADT WILL PERMIT CUSTOMER TO USE ITS NON.TRADITIONAL TELEPHONE
SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT ADT RECOMMENDS THAT CUSTOMER
ALSO USE AN ADDITIDNAL BACK-UP METHOD OF COMMUNICATIDN TO CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC REGARDLESS OF THE TYPE OF
TELEPHONE SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF ADT DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S NON-TRADITIONAL
TELEPHONE SERVICE IS OR LATER BECOMES NON-COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON.TRADITIONAL TELEPHONE SERVICE THAT IS NOT
COMPATIBLE. THEN ADT REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO ACT AS THE PRIMARY METHOD TO
CONNECT CUSTOMER'S ALARM SYSTEM TO ADT'S CMC. ADT WILL NOT PROVIDE FIRE OR SMOKE ALARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN A
TRADITIONAL TELEPHDNE LINE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES TRADITIONAL TELEPHONE
SERVICE FOR ANY SUCH MDNITORING AND THAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO
UNDERSTANDS THAT IF CUSTOMER'S ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE A8LE TO DETECT IF THE NON.TRADITIONAl TELEPHONE
SERVICE LINE IS CUT OR INTERRUPTED, AND THAT ADT MAY NOT BE ABLE TO DOWN tOAD SYSTEM CHANGES OR PROVIDE CERTAIN AUXILIARY MONITORING
SERVICES THROUGH A NON-TRADITIONAl TElEPHONE LINE OR SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DECISION TO USE NON.TRADITIONAl
TELEPHONE SERVICE AS THE METHOD FOR TRANSMITTING AlARM SIGNAlS IS BASED ON CUSTOMER'S OWN INDEPENDENT BUSINESS JUDGMENT AND THAT
ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTANCE, INVOLVEMENT. INPUT, RECOMMENDATION, OR ENDORSEMENT ON THE PART OF ADT. CUSTOMER
ASSUMES SOLE AND COMPLETE RESPONSIBIUTY FOR ESTABLISHING AND MAlNTAtNING ACCESS TO AND USE OF THE NON.TRADlTIONAL TELEPHONE SERVICE
FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UNABLE TO SEIZE THE
PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER CONNECTION OR OTHERWISE.
B. Warranty: If the transaction type Is a 'Direct Sale', any part of the system. including the wiling. installed under this Agreement which proves to be defective in material or
workmanship within ninety (90) days of the date of completion of Installation will be repaired or replaced at ACT's option with a new or functionally operative part. Labor and material
required to repair or replace such defective COlTllOnents will be free of cha'lle for a period of ninety (90) days foliowing the compleoon of the orglnal installation. This Warranty does
not epply to the 'Conditions Nol Covered by Warranty' listed below (the 'Conditions') and ff Customer calls ADT for wvice under the Warranty and upon InspecUon by ADT's
representative tt Is found that one of these Conditions has led 10 the inoperablity or apparent Inoperablllty of the system. a cha'lle will be made for the s8fVice caD of ADT's
representative whether or not he actually works on the system. Should ~ actually be necessary to make repailS to the system due to one of the Conditions. a charge will be made for
such work at ADT's then applicable rates for labor and material. Service will be tumlshed by ADT during ADT's normal worklng hours of 8:00 A.M. to 4:30 P.M. Monday through
Friday. except horidays. Conditions: (a) Damage or extra service time resul1lng from accidents. acts of God. lightning. strikes. riots, floods. terrorism. acts of War, akeration. misuse.
tamperirg or abuse. adjustments. repairs 01 maintenance not done by ADT, or from parts. accessories. altachments or other devices not fumished by ADT; (b) Custome~s Improper
operation per instructions; (c) AdiJstments necessitated by VIdeo camera mlsalil)nment, improper monitor brightness and contras1 tuning dials. or inadequate lighting on viewing area:
(d) Trouble due to Interruption of commercial power to the phone service or use of NOr>-Traditional Telephone Service; (e) Battery failure: (Q Devices designed to fallln protecting the
System such as . but not IIm~ed 10. fuse and circu~ breakets; (g) System changes requested by Customer.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLlED,INCLUDING BUT NOT liMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING ADT'S NEGLIGENCE, SHALL BE REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. ADT SHALL IN NO
EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY
OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRAliTY OR CONTRACT BY ADT OR
NEGLIGENCE OF ADT OR OTHERWISE,
C. Maintenance -If Customer has purchased maintenance service on any of the Equipment, ADT will. upon Custome~s request, provide ordlnery maintenance and repair of the
covered equipment due to normal wear and tear and bear the expense thereof. The expense of all extraordinary maintenance and repair due to aMeratlons In the Custome(s
premises. alterations 01 the system made at the raquesl of the Customer. or made necessary by changes In the Custome~s premises. damage to the premises or to the alarm system.
or to any cause beyond the control of ADT, shall be bome by the Customer. The Customer agrees to furnish any necessary electric current through the Custome~s meter and at the
Custome~s own expense with an ou@etwithin 10 feet of the ADT Control Panel. It is mutually agreed that the work of Installation and ADT's repairs of the system shall be periormed
between ADT's normal working haulS of 8:00 A.M. to 4:30 P.M.. Monday through Friday. except holidays.
EXCLUSIONS: Maintenance on the following devices will be provided only on a tine and material basis: (I) window foil, (2) security screens. (3) exterior mounted devices. (4)
PROM (Programmable Read Only MemOlY), (5) Equipment subject to the Conditions Not Covered by Warrenty lisled In Paragraph B. above, (6) computer hardware. software. or
computer networks. '
ltis understood and agreed that ADT's obligation relales to the maintenance solely of the specific Equipment covered. under the Maintenance Service Contract, and that ADT is i1
no way obligated to maintain, repair. service. replace. operate or assure the operation 01 any device or devices of the Customer 01 of others not installed by ADT. If not contracted for
before the expiration of the Warranty, ADT will enter into a Maintenance Service Contract only aMer Inspecting the system and making any necessary repallS or replacements to the
system at a cha'lle to the Customer for labor and/or material at ADT's then prevailing rates.
INSPECTIONS. ADT will provide the number of inspections of the System only as specilied In this Agreement and such Inspections shall be periormed during ADT's normal
working haulS of 8:00 A.M. to 4:30 P.M.. Monday through Friday. except hofidays and subject to 'EXCLUSIONS' set fOlth In Paragraph C. above for maintenance.
D. INVESTIGATOR RESPONSE SERVICE. If Customer has purchased Investigator Response Service, such services shall be provided acx:ordlng to the level selected all follows:
Levell, Exterior Investigation: Upon receipt of a bU'lllar alarm signal from the Customer's premises. ADT, In addition to notifying the Police Depaltnent as Indicated above, will
endeavor to notify the Cuslome(s designated representative and also endeavor to dispatch a representative to the Custome~s premises. The representative will make an
investigation of the exterior of the premises from his vel1icle. At the conclusion of the representative's investigation. ADT will notify the Cus1om8I's designated representative of the
results of the investigation.
TERMS AND CONDITIONS ARE CONTINUED ON THE NEXT PAGE
Page 3 of 5
r--=~'-"'~:~"~_":'~_':'_":'_-_u.._._---'------,~"-",,_,~_"",~_':"._---.
TERMS AND CONDITIONS CONTINUED FROM PREVIOUS PAGE
. . . .
. ...... _._---_._._.~:.. - ..-.-.:-'-.
Level II . Inlerior Investigation: Upon receipt of a oo'lllar alann signal from the Custome(s premises, ADT, in additioo to notifying the police department as Indicated
above, will endeavor 10 dispatch a represenlative. The representative will conduct an exterior investigation and !hen enter the Custome(s premises with keys which must be
provided by the Customer and make an interior investigation. However, if thl!le is evidence of an attack, the ADT representative wiI1tennina1e his Investiga60n until !he police
an"e. The Cuslome(s representative will then be notified Wthere has been an attack. OthelWise a notice of the alann will be left at Ihe cootrol unit
For either level of iwestigallon, the Customer authorize. and directs ADT 10 cause the arrest of any person or pelSonS unauthorizad to enter his premises and to hold him or
them until released by the Customer or an authorized known representative, and in such cases to indemnify ADT ageinst any liability, cost or expense In consequence of such
arrest lIthe Customer requests that the ADT Representative remain at the premises pending Customer's arrival, and ADT agrees to COf1"4lIy, the Customer will be cha'lled at
ADT's then prevailing rate for labor.
E. 1. ADT IS NOT AN INSURER, THE AMOUNTS ADT CHARGES CUSTOMER ARE NOT INSURANCE PREMIUMS. SUCH CHARGES ARE BASED UPON THE
VALUE OF THE SERVICES, SYSTEM AND EQUIPMENT ADT PROVIDES AND ARE UNRELATED TO THE VALUE OF CUSTOMER'S PROPERTY, ANY PROPERTY OF
OTHERS LOCATED IN CUSTOMER'S PREMISES, OR ANY RISK OF LOSS ON CUSTOMER'S PREMISES.
2. ADT'S SERVICES, SYSTEMS AND EQUIPMENT DO NOT CAUSE AND CANNOT ELIMINATE OCCURENCES OF THE EVENTS THEY ARE INTENDED TO
DETECT OR AVERT. ADT MAKES NO GUARANTY OR WARRANTY, INCLUDiNG ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES
THEREFROM, ACCORDINGLY, ADT DOES NOT UNDERTAKE ANY RISK THAT CUSTOMER'S PERSON OR PROPERTY, OR THE PERSON OR PROPERTY OF
OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH CUSTOMER, NOT ADT.
INSURANCE, IF ANY, COVERING SUCH RISK SHALL BE OBTAINED BY CUSTOMER. ADT SHALL HAVE NO LIABILITY FOR LOSS, DAMAGE OR INJURY DUE
DIRECTLY OR INDIRECTLY TO EVENTS, OR THE CONSEQUENCES THEREFROM, WHICH THE SYSTEM OR SERVICES ARE INTENDED TO DETECT OR AVERT.
CUSTOMER SHALL LOOK EXCLUSIVELY TO ITS INSURER AND NOT TO ADT TO PAY CUSTOMER IN THE EVENT OF ANY SUCH LOSS, DAMAGE OR INJURY.
CUSTOMER RELEASES AND WAIVES FOR ITSELF AND ITS INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER FROM ADT ARISING AS A RESULT
OF PAYING ANY CLAIM FOR LOSS, DAMAGE OR INJURY OF CUSTOMER OR ANOTHER PERSON.
3. IF NOTWITHSTANDING THE PROVISIONS OF THIS SECTION E, ADT IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL
THEORY DUE TO A FAILURE OF THE SERVICES, SYSTEM OR EQUIPMENT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO 10% OF
THE ANNUAL SERVICE CHARGE OR $l,ooD, WHICHEVER IS GREATER, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AS CUSTOMER'S SOLE
REMEDY. THIS WILL BE THE SOLE REMEDY BECAUSE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY,
WHICH MAY RESULT FROM ADT'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. IF CUSTOMER REQUESTS, ADT MAY ASSUME
GREATER LIABILITY BY ATTACHING A RIDER TO THIS AGREEMENT STATING THE EXTENT OF ADT'S ADDITIONAL LIABILITY AND THE ADDITIONAL CHARGES
CUSTOMER WILL PAY FOR ADT'S ASSUMPTION OF SUCH GREATER LIABILITY. HOWEVER, SUCH ADDITIONAL CHARGES ARE NOT INSURANCE PREMIUMS
AND ADT IS NOT AN INSURER EVEN IF IT ENTERS INTO SUCH A RIDER.
4. THE PROVISIONS OF THIS SECTION E SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE OR INJURY OR OTHER CONSEQUENCE OCCURS,
EVEN IF DUE TO ADT'S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR
OTHERWISE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER ALLEGED FAULT ON THE PART OF ADT, ITS
AGENTS OR EMPLOYEES. IF ANY OTHER PERSON, INCLUDING CUSTOMER'S SUBROGATING INSURER, MAKES ANY CLAIM OR FILES ANY LAWSUIT AGAINST
ADT IN ANY WAY RELATING TO THE SERVICES, SYSTEM OR EQUIPMENT THAT ARE THE SUBJECTS OF THIS AGREEMENT, THEN CUSTOMER SHALl
INDEMNIFY AND HOLD ADT HARMLESS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS
AND ATTORNEYS' FEES.
5. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST ADT OR ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENTS (BOTH DIRECT
AND INDIRECT) MORE THAN ONE YEAR AFTER THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE OCCURRED, OR THE SHORTEST DURATION
PERMmED UNDER APPLICABLE LAW IF SUCH PERIOD IS GREATER THAN ONE YEAR.
6, THE PROVISIONS OF THIS SECTION E SHALL APPLY TO AND BENEFIT ADT AND ITS AGENTS, EMPlOYEES, CONTRACTORS, SUBSIDIARIES,
AFFILIATES, PARENTS (BOTH DIRECT AND INDIRECT) AND AFFINTIY MARKETERS. IF THIS AGREEMENT PROVIDES FOR A DIRECT CONNECTION TO A
MUNICIPAL POUCE OR FIRE DEPARTMENT OR OTHER ORGANIZATION, THEN THAT DEPARTMENT OR OTHER ORGANIZATION MAY ALSO INVOKE THE
PROVISIONS OF THIS SECTION E AGAINST ANY CLAIMS DUE TO ANY FAILURE OF SUCH DEPARTMENT OR ORGANIZATION.
F. If INTRUSION DETECTION SERVICE or WATCHMAN'S REPORTING SERVICE Is fumlshed under this Agreement the SB/V1ce will be provided In accordance
with a separate Rider which shall be attached to and made a part of this Agreement
G. Video Equipment. Customer will provide adequate iDumlnatioo under all operational conditions for the proper operation of tile closed circuit television camera and
will provide the 110 AC power supply where required as well as suffICIent space for monitolS.
H. A Direct Connection to the Municipal Police, Fire Department or other Agency shown shall be provided W this Agreement provides for such direct connect se/Vlce.
It is mutually undelStood and agreed that .:gnals transmitted hereunder will be mon~ored in Municipal Police andlor Fire Departments or other Agency and that the personnel of
such Munldpal Police and/or Fire Departments or other Agency are not the agenls of ADT nor does ADT assume any responsibility for the manner In which such signals are
mon~ored or the response, W any, to such signals.
I. Hazardous Materials. In all cases except when the project Involves new coos1ruction, Customer represents and warrants that to the best of Custome(s knowledge
the work s~e is free of any hazardous materials. The tenn 'hazardous maferials' shall include but not be IImlted 10 esbestos, asbesfos-<:onlaining material, polychlorfnated
biphenyl ("PCB'), fcrmaidehyde or other potentially toxic or otherwise hamrdous malerial. If any such SlJbslance is discovered 00 the work site, ADT will not be required III
install or se/V1ce the Equipment at such site unless and until Cuslomer certifies the removal or safe coolainment of such hazardous materials. Customer shall indemnify,
defend, and hold ADT, its officers, directOlS, and agents hannless from any damages, daims, injurfes. liabilities resulting from the expoSlJre of AOT's employees, contractors, or
subcontractors to hazardous materials at the work s~e; provided, however, that the foregoing provision will not apply when it has been detennined !hat such hazardous
materials were brought to the work s~e by ADT.
J. SAFETY ACT WAIVER, CERTAIN OF ADT'S SYSTEMS AND SERVICES HAVE RECEIVED CERTIFICATION AND/OR DESIGNATION AS QUALIFIED ANTI.
TERRORISM TECHNOLOGIES ("QATT") UNDER THE SUPPORT ANTHERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES ACT OF 2002, 6 U.S.C. ~ 441-444
(THE "SAFETY ACT"). AS REQUIRED UNDER 6 C.F.R. 25.5(E}, TO THE MAXIMUM EXTENT PERMmED BY LAW, ADT AND CUSTOMER HEREBY AGREE TO WAIVE
THEIR RIGHT TO MAKE ANY CLAIMS AGAINST THE OTHER FOR ANY LOSSES, INCLUDING BUSINESS INTERRUPTION LOSSES, SUSTAINED BY EITHER PARTY
OR THEIR RESPECTIVE EMPLOYEES, RESULTING FROM AN ACTIVITY RESULTING FROM AN "ACT OF TERRORISM' AS DEFINED IN 6 C.F.R. 25.2, WHEN QATT
HAVE BEEN DEPLOYED IN DEFENSE AGAINST, RESPONSE TO, OR RECOVERY FROM SUCH ACT OF TERRORISM.
K. ADT ASSUMES NO LIABILITY FOR DELAYS IN INS1ALLATION OF THE EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR
FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, ACTS OF GOD OR ANY CAUSES BEYOND
THE CONTROL OF ADT, AND WILL NOT BE REQUIRED TO SUPPLY SERVICE TO THE CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE
SHALL CONTINUE.
1.. Assignment; ErrforCllabllity. This Agreement is not assignable by lhe Customer except upon written consent of ADT first being obtained. ADT shall have the right to
assign this Agreemenl or 10 subcootract any of its obrIQations under this Agreement without notice III Customer. If any of the provisions of this Agreement shall be detennined
to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
M, System Software; Network Connections. Any software provided with the System or in connection with the Se/Vices is proprietary to ADT andlor ADT's supplie~s) and
Is licensed or sublicensed to Customer 00 a noo-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicete, reproduce, or
copy all or any part of the Software, or (e) use the Software on equipment other tilan with the designaled System with which ~ was furnished. A separate Software Ucense
Agreement or End User Ucense Agreement between ADT and/or the software publisher may be required III use the software and/or obtain updates/upgrades. If the Installed
Equipment is to be connected to Custome~s computer network ('Networ1t'), ADT will furnish and Inslallthe software needed to run the Equipment and will connect the
Equipment to the Networf< according III the Networ1t sellings suppiied by Customer. Installation shall not include modlflca~oos to tile Network. security, or firewall settings. ADT
shall not be responsible for the setup, operation, or maintenance of the Network or Network performance or compabblity issues. ADT may assess additional charges, W ADT is
unable to coonect to the Network or W any additional Equipment Is required to facililate connectivity between 1he Network and the Equipment
N. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE CUSTOMER AND ADT. IN EXECUTING THIS AGREEMENT, CUSTOMER IS NOT
RELYING ON ANY ADVICE OR ADVERTISEMENT OF AD!. CUSTOMER AGREES THAT ANY REPRESENTATION, PROMISE, CONDITION, INDUCEMENT OR
WARRANTY, EXPRESS OR IMPLIED, NOT INCLUDED IN WRITING IN THIS AGREEMENT SHALL NOT BE BINDING UPON ANY PARTY, AND THAT THE TERMS AND
CONDITIONS HEREOF APPLY AS PRINTED WITHOUT ALTERATION OR QUALIFICATION, EXCEPT AS SPECIFICALLY MODIFIED IN WRITING. THE lERMS AND
CONDITIONS OF THIS AGREEMENT SHALL GOVERN NOlWITHSTANDING ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS OR ANY PURCHASE
ORDER OR OTHER DOCUMENT SUBMITTED BY THE CUSTOMER. .
O. Electronic Medi.. ADT may scan, fax, email, Image, or otherwise coovert this Agreemenl into an electronic fonnat of any type or fonn, now known or devek>ped in the
future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parities and equivalent to the original for
all purposes, Including litigatioo. ADT may rely upon Custorne(s assent to the terms and conditions of this Agreement n Customer has signed this Agreement or demonstrated
itlllntent to be bound electrooically or otherwise.
P. Personal Information. Customer represenls and warranls that Customer has obtained all required consents and has the right 10 (a) disclose to ADT all personal
information disdosed hereunder concemlng Individuals/employees Including all infocmation con1alned it Custome(s ECL. and (b) authorfze ADT to u.e such pelSonal
information to administer lhe relalionship between Customer and ADT, Including the administration of this Agreement Customer acknowledges and agrees that ADT may share
all such Informatioo with ils parents, subsidiaries, affiliates and itsIlheir successor corporatioos or any subcontractor or assignee, wilhil and ou1side the coontry In which the
Customer is located and thereby subject s Information to the laws of such countries.
Page 4 of 5
~s/ 2-lloq
f
TOWN NO. USTOMER NO. JOB NO. PO NO. ESTIMATE #
0149-MIAMI, FL 114950876 03 1-781S3V
AOT Always TI>ste'
ADT Security Services, Inc.
COMMERCIAL SALES AGREEMENT
. DATE 5/1412009
ADT Security Services, Inc. ("ADT")
City of Sunny Isles
d/b/a: Pelican Park
Herein after called ("Customer")
18115 North Bay Road.
Sunny Isles Beach, FL 33160
Andre Martinez
2801 Gateway Dr.
Pompano Beach. FL 33069
Tele. No. (786) 251-6171
Attn:EdelFonseca
Tele. No. 305 947-0606
ADDITIONAL TERMS AND CONDITIONS
Notwithstanding anything in the Agreement to the contrary. ADT and Customer agree as follows:
All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force
and effect.
The foregoing modifications and/or additional terms and conditions are not binding unless approved in writing by an
authorized representative of ADT.
Accepted and Agreed:
--
Approved (Signature):
ADT Authorized
resentative
rli
Date 5i ned
By: ~
Page 5 of 5
-
City of Sunny Isles Beach
City Commission Agenda
18070 Collins Avenue,
Sunny Isle Beach, FL 33160
(305) 947-0606 Phone (305) 949-3113 Fax
AGENDA BILL
REQUESTED ACTION
It is recommended that the City Commission adopt the attached resolution approving four
agreements with ADT Security Services for security system maintenance at the Government
Center and Pelican Community Park.
BACKGROUND
On October 14, 2004, the City Commission adopted Resolution No. 2004-723 which awarded Bid
No. 04-08-01 and entered into an agreement with ADT Security Systems, Inc. for security
equipment and services for the Sunny Isles Beach Government Center. Additionally, on
September 20, 2007, the City Commission adopted Resolution No. 2007-1153 which approved
security equipment and services for Pelican Community Park.
We have paid in full for the equipment (cameras, card access readers, etc.) that is currently
used. Since the installation of the aforementioned security equipment, ADT has effectively
maintained the security systems in all of our buildings.
ADDITIONAL INFORMATION
At this time, we ask that you waive the competitive bidding requirement pursuant to City Code
962-13 (Exemptions from Competitive Bidding), as another vendor will not maintain this
equipment because of sole proprietorship reasons.
Funding required for this action: I Yes Source of funds: 10-539-5463
10-573-5463
Transfer Required: I No Amount of Transfer: I N/A
Transfer from account number: I N/A To account number:
For the Commission Meeting of: May 21, 2009 Agenda Item
Submitted by: Bill Evans Initials: 10M W. Number
Title: Acting PW Director
Approved by Finance Director: Doug Haag Initials: iON
Approved by Acting City Manager: Rick Conner Initials: