HomeMy WebLinkAboutC11-308 Vail Electronics VAIL ELECTRONICS
PO BOX 3940
AVON, CO 81620 3 I Li- 1
(970) 827 -9120
STANDARD FIRE ALARM SALES, MONITORING, INSPECTION AND SERVICE CONTRACT
Subscriber's Name E tG l � t )L(QQJ 1O td HQl2O d ou: Sf
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Address: S15 1 A C r Q6 , ^ ico 0 S' (055 Telephone: `t - 3.D - .%� ,*
VAIL ELECTRONICS (hereinafter referred to as "VAIL ELECTRONICS ") agrees to sell, instruct Subscriber in the proper use of the Fire Alarm Equipment
or System, and install, at Subscriber's premises, and Subscriber agrees to buy, such system, consisting of the following equipment: Equipment limited to the
following. See Attached Schedule of Equipment.
Fire Alarm System to Code: Initial here if fire alarm system is to be installed pursuant to filed plans and specification per AHJ .,/------/
Fire Alarm System to be installed pursuant to plans and specifications files by filed with and approved by Authority Having
Jurisdiction (AHJ).
If AHJ requires a technician to be sent to Subscriber's premises after a fire alarm is dispatched Subscriber agrees to pay for such service $
per call.
Subscriber agrees to have its credit card automatically charged for all
Proposal # charges under this contract.
Total Purchase Price $ Credit Card #
Down Payment $ Expiration Date:
Stored Materials $ MasterCard Visa
Balance Due per Propos. Cardholder's Nam- it appears on credit card)
Approximate date . c to begin:
Estimated da : • ork to be completed: Billi r • • ddress:
NOTICE: Unless a Fire Alarm System to Code is selected to be installed, VAIL ELECTRONICS makes no representation that the fire alarm detection
equipment meets local code, fire department or any Authority Having Jurisdiction (AHJ) requirements, and it is not VAIL ELECTRONICS' responsibility to
apply for any permits or fees in connection with such equipment. The law requires and VAIL ELECTRONICS recommends that Subscriber install a Fire
Alarm System to code with plans and specifications by an architect or professional engineer, properly permitted, inspected and approved by AHJ. Subscriber
represents that existing fire alarm system is approved by AHJ and that any repairs or replacement parts installed by VAVELEC ONICS are not additional
equipment which would require AHJ approval. (>l'
1. MONITORING CHARGES. (Cross out if not applicable)
Subscriber agrees to pay VAIL ELECTRONICS the sum of $ 0 , plus t x, erttk� ble
monthly /quarterly /annually in advance for the monitoring of the FIRE ALARM system for the term of this agreement commencing on the first day of the
month next succeeding the date hereof, all payments being due on the first of the month.
2. SERVICE CHARGES: (Strike out a or b)
(a) Subscriber agrees to pay VAIL ELECTRONICS on a per call basis. If this contract provides for service on a per call basis, Subscriber
agrees to pay Contractor for all parts and labor at time of service.
(b) Subscriber agrees to pay the sum of $ , . . s tax, per month, payable monthly /quarterlv /annually in advance for
the term of this agreement for labor and material to service the fir- . -. ystem for damage caused by ordinary wear and tear commencing the first day of
the month next succeeding the date hereof, all pa :. -tng due on the first of the month. Batteries, electrical surges and lightening damage and obsolete
components are not included in this con . s will be repaired or replaced at Subscriber's expense.
3. INSPECTIONS: (Cro s out if not applicable)
Subscriber agrees to pay VAIL ELECTRONICS $ per month, payable, monthly /quarterly /annuallv in advance,
for inspection service. If this option is selected Contractor will make an annual ' • en of the fire alarm system. Inspection service includes testing of all
components to insure proper working order. VAIL ELECTRONIC otify subscriber 30 days in advance of inspection date, and it is Subscriber's
responsibility to reschedule or permit access. Only on- . - • u ed inspection is included. Testing at inspection insures only that components are in proper
working order at time of inspection unless o • - ' tse reported to Subscriber at time of inspection.
4. TERM OF AGREEMENT: ' NEWALS: The term of this agreement shall be for a period of ten years. This agreement shall renew, month to
month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their
intention not to renew the contract at least 30 days prior to the expiration of any term.
5. INCREASES OF MONTHLY CHARGE: After the expiration of one year from the date hereof VAIL ELECTRONICS shall be permitted from
time to time to increase the monthly charges by an amount not to exceed nine percent each year and Subscriber agrees to pay such increase as invoiced.
6. MONITORING SERVICES PROVIDED: Upon receipt of a signal from Subscriber's fire alarm system, VAIL ELECTRONICS or its designee
communication center, hereinafter referred to as the Monitoring Company, shall make every reasonable effort to notify Subscriber and the appropriate
municipal fire department and comply with NFPA or AHJ dispatch procedures. Monitoring Company may use its discretion not to notify the fire department
or subscriber of fire alarm signals that it believes to be a false alarm and that no fire condition is believed to exist at the premises. Subscriber acknowledges
that signals transmitted from Subscriber's premises directly to fire departments are not monitored by personnel if VAIL ELECTRONICS or its designee
communication center and VAIL ELECTRONICS does not assume any responsibility for the manner in which such signals are monitored or the response, if
any to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, intemet, VOIP, or other modes of
communication pass through communication networks wholly beyond the control of VAIL ELECTRONICS and are not maintained by VAIL
ELECTRONICS and therefore, VAIL ELECTRONICS shall not be responsible for any failure which prevents transmission signals or data from reaching the
central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to subscriber's computer if connected to the alarm
communication equipment. Subscriber agrees to furnish VAIL ELECTRONICS with a written list of names and telephone numbers of those persons
Subscriber wishes to receive notification of fire alarm, signals. All changes and revisions shall be supplied to VAIL ELECTRONICS in writing. Subscriber
authorizes VAIL ELECTRONICS to access the control panel to input or delete data and programming. If Subscriber requests VAIL ELECTRONICS to
remotely activate or deactivate the fire alarm system, change combinations, or reprogram system functions, Subscriber shall pay VAIL ELECTRONICS
$90.00 for each such service. VAIL ELECTRONICS may, without prior notice, suspend or terminate its services, in monitoring center's sole discretion, in
event of Subscriber's default in performance of this agreement or in event monitoring center's facility or communication network is nonoperational or
subscriber's alarm system is sending excessive false alarms. MONITORING COMPANY, is authorized to record and maintain all data and alarm
communications, and shall be the exclusive owner of such property.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS OF THIS SALE WHICH ARE PART OF THIS CONTRACT.
READ THEM BEFORE YOU SIGN THIS CONTRACT.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS CONTRACT AT TIME OF EXECUTION.
VAIL ALARM The undersigned personally guarantees Subscrib> - pe : ce of thi . greement
DBA VAIL ELECTRONICS
Subscriber: r_ , �� .1 !!
1
Subscriber: , Signature
! : ' ' Lh I ' - ITL. Iv tn.�o-
By. ..
e, Print Name 4 Tax ID SS# or EIN
Dated: / /is /o7
Address
White — Original Yellow - Customer
EXHIBIT A
TO STANDARD FIRE ALARM SALES, MONITORING, INSPECTION AND SERVICE
CONTRACT BETWEEN VAIL ELECTRONICS, INC. AND EAGLE COUNTY, COLORADO
Vail Alarm d/b /a Vail Electronics, Inc. ( "Vail Electronics" or "Contractor ") and Eagle County,
Colorado ( "County" or "Subscriber ") agree that this Exhibit A shall be incorporated into and
made a part of the Standard Fire Alarm Sales, Monitoring, Inspection and Service Contract
Between Vail Electronics, Inc. and Eagle County, Colorado for the Eagle County Household
Hazardous Waste Facility dated August , 2011.
Notwithstanding anything to the contrary in the Agreement the parties agree as follows:
1. The Agreement is for ongoing monitoring and service to the fire alarm system located at
the Eagle County Household Hazardous Waste Facility.
2. Paragraph 1 of the Agreement is deleted and is replaced with the following:
MONITORING CHARGES. Subscriber agrees to pay Vail Electronics the sum of three
hundred sixty dollars ($360) annually for the monitoring of the fire alarm system located
at the Eagle County Household Hazardous Waste Facility, 815 Ute Creek Road, Wolcott,
Colorado for the term of this Agreement. Such annual sum shall be paid each year on the
anniversary date hereof. All invoices to County shall be tax exempt.
3. Paragraph 5 of the Agreement is deleted and is replaced with the following:
INCREASES OF MONTHLY CHARGE: After the expiration of one year from the date
hereof Vail Electronics shall be permitted at each annual renewal to increase the monthly
charge for the coming year by an amount not to exceed two percent each year.
4. The Agreement is hereby amended to include the addition of the following language:
Either party may terminate the Agreement upon thirty (30) days advance written notice to
the other for any reason, with or without cause.
5. The second to last sentence of paragraph 6 of the Agreement shall be deleted and
replaced with the following:
Vail Electronics, shall not, without prior written notice, suspend or terminate its services
in the event of a default by Subscriber in the performance of this Agreement or in the
event monitoring center's facility or communication network is nonoperational or
Subscriber's alarm system is sending excessive false alarms.
6. Paragraph 8 of the Agreement is deleted and is replaced with the following:
DELAY IN INSTALLATION: Vail Electronics shall not be liable for any damage or loss
sustained by Subscriber as a result of delay in installation of equipment, equipment
failure, or for interruption of service due to electric failure, strikes, walk -outs, war, acts of
God. The estimated date work is to be substantially completed is not a definite
completion date and time is not of the essence.
7. The final sentence of Paragraph 9 of the Agreement is hereby deleted.
8. Paragraph 12 of the Agreement is deleted and replaced with the following:
SUBSCRIBER RESPONSIBLE FOR FALSE ALARM/PERMIT FEES: Subscriber is
responsible for all alarm permits and permit fees, agrees to file for and maintain any
permits required by applicable laws. Vail Electronics shall have no liability for permit
fees, false alarm fines, any damage to personal or real property or personal injury caused
by fire department response to the alarm, whether false alarm or otherwise, or the refusal
of the fire department to respond.
9. Paragraph 13 of the Agreement is deleted and replaced with the following:
INDEMNITY /ASSIGNMENT: Each party, to the extent permitted by law shall
indemnify and hold the other harmless from all losses, costs, claims, damages and
liabilities including reasonable attorney's fees and expense for which either party may
become subject to, insofar as any such losses, claims, damages or liabilities arise out of
negligent performance or non - performance under the Agreement. Neither party shall
assign this Agreement without the prior written consent of the other party. Further, the
parties agree that there are not third party beneficiaries to the Agreement.
10. Paragraph 14 of the Agreement is deleted and replaced with the following:
EXCULPATORY CLAUSE: Vail Electronics and Subscriber agree that the equipment,
once installed, becomes the personal property of the Subscriber; that the equipment is not
permanently attached to the realty and shall not be deemed a fixture(s). Vail Electronics
agrees to carry liability insurance with limits of not less than $1,000,000 per occurrence
and $1,000,000 in the aggregate.
11. Paragraph 15, 17, 18 and 20 of the Agreement are hereby deleted.
12. Paragraph 16 of the Agreement is deleted and replaced with the following:
Subscriber agrees that should there arise any liability of that part of Vail Electronics as a
result of Vail Electronics' obligations, equipment failure or strict products liability, that
Vail Electronics liability shall be limited to $1,000,000 the the limits of the liability
insurance policy carried by Vail Electronics.
13. Any indemnification required of Subscriber under the Agreement or any attachment
thereto shall be qualified by the following language "to the extent permitted by law ".
14. The Agreement shall be amended by the addition of the following language:
Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to the County nor shall any payment be made to the Contractor in excess of the
amount for any work done in respect of any period after December 31st of the calendar
year of the Term of this Agreement, without the written approval in accordance with a
budget adopted by the Board of County Commissioners in compliance with the
provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
15. The Agreement shall be amended by the addition of the following language:
It is expressly acknowledged and understood by the parties hereto that nothing contained
in this Agreement shall result in, or be construed as establishing an employment
relationship. Contractor shall be, and shall perform as, an independent contractor. No
technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be
deemed to be, the employee, agent or servant of County. Contractor shall be solely and
entirely responsible for its acts and for the acts of its subcontractors, technicians, agents,
employees, and servants during the performance of this agreement. Contractor shall not
represent, act, purport to act or be deemed the agent, representative, employee or servant
of County.
16. The Agreement shall be amended by the addition of the following language:
Vail Electronics shall comply with the following provisions mandated by C.R.S. § 8-
17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. §
8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this
Contract. By execution of this Contract, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor will participate in the Basic Pilot Verification Program in order to confirm the
eligibility of all employees who are newly hired for employment to perform work under
this Contract.
Contractor shall not:
i
Knowingly employ or
O contract with an illegal g Y P al alien to perform work under
Y
g P
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
P Y
with an illegal alien to perform work under the public contract for
services.
Contractor has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract through participation in the
Basic Pilot Verification program, as administered by the United States Department of
Homeland Security. If the Contractor is not accepted into the Basic Pilot Verification
Program prior to entering into a public contract for services, the Contractor shall apply to
participate in the Program every three months until the Contractor is accepted or the
public contract for services has been completed, whichever is earlier. Information on
applying for the Basic Pilot Verification Program can be found at:
https://www.vis-dhs.com\ employerregistration
The Contractor shall not use either the Basic Pilot Verification Program procedures to
undertake pre - employment screening of job applicants while the public contract for
services is being performed.
If the Contractor obtains actual knowledge that a subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) Terminate the subcontract
O with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) the
subcontractor does not stop employing or contracting with the illegal
alien; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an al alien. illegal g
The Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the department is undertaking
p g
pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5).
If a Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated specifically for a breach of
this provision of this Contract, the Contractor shall be liable for actual and consequential
damages to the County as required by law.
The County will notify the office of the Colorado Secretary of State if Contractor violates
this provision of this Contract and the County terminates the Contract for such breach.
17. The second to last sentence of paragraph 21 of the Agreement shall be replaced with the
following:
Should there arise any conflict between the Agreement and any purchase order or other
document, this Exhibit A will govern.
Acknowledged and agreed to as part of the Extended Service Agreement first identified above.
Eagle County, Colorado Vail Al. .! ./a Va. //- tonics.
B By: i, _`
eith Montag, County M. ager fie _
