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HomeMy WebLinkAbout2017-121 Contract - SOS Alarm Contract for GOODS AND SERVICES less than $25,000 CITY O F CONTRACTOR: SOS Alarm ASHLAND h Davies CONTACT. Garet 20 East Main Street Ashland, Oregon 97520 ADDRESS: 3273 Biddle Road i Pa(]vr'd r I Telephone: 541 /488-6002 Fax: 5411488-5311 TELEPHONE: (541) 773-3900 DATE AGREEMENT PREPARED: 3117117 FAX: gareth@sosasap.com BEGINNING DATE: 4/1/2017 COMPLETION DATE: 3/3112020 COMPENSATION: NTE $5000 GOODS AND SERVICES TO BE PROVIDED: Contractor to install camera and appurtenant devices, and configure camera for public viewing on the Internet, as per Exhibit C (Proposal). Cost of contract also includes a county electrical permit and a monthly services fee of $59/month for 36 months, consistent with the terms of Exhibit D (SOS Alarm Contract). ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 2798.230, 2796,235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,283.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. . , I 1 I 1 1 1 1 I ~ 1 , 1 I f 1 7 ~s~ s ~5 A la~~►S ~5~ 9. Termination: end Swbsct~lyv a~`~; z~;~~ 1• Ki~cl by ~ ~S 3n.26o -30.300 (orcya~~o~~`C.t~;~q~}~ ~ Or C~►~i' Mutual Consent. This con~ract~ma be terminated at an time b mutual consent of both parties. ~G~(9), a. y y y b. Cit 's Convenience. This contract ma be terminated at an time b Cit upon 30 da s' notice in writin Contract for Goods and Services Less than $25,000, 0613012016, Page 1 of 5 and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City underany ofthe following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to beheld by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d)are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. ObligationlLiability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility forthe performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts oromissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1000',000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Dama e. Contract for Goods and Services Less than $25,000, 06/30/2016, Page 2 of 5 c. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1 000 000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional InsuredlCertificates of Insurance. > As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. .Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles; e'. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suitor proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland - =---A gy BY Signature Department Print Name Print Name 1 Title Date W-9 One copy of a W-9 is to be submitted with the si ned contract. Purchase Order No. V~~ g Contract for Goods and Services Less than $25,000, 06/3012016, Page 3 of 5 DBt~~ EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d} Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: pC.. (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ,1. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. rl.. (3) Telephone listing is used forthe business separate from the personal residence listing. ~ (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~~J~ ~ Contractor (Date) Contract for Goods and Services Less than $25,000, 0613012016, Page 4 of 5 ~ 1 ~ ~ ~ ~ EXHIBIT B ~ o s an , , , per hour effective June 30, 2016 (Increases annually every June 30 by the ~r Consumer Price Index) - ~ - ~ , ~ portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten ormore employees, and childcare benefits to the has received financial amount of wages received by assistance forthe projector the employee, ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashlandincluding the Parks month period, For more ➢ For all hours worked in a and Recreation Department, details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland,or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. C[TY OF SHLAND Contract for Goods and Services Less than $25,000, 0613012016, Page 5 of 5 EXHIBIT C Proposal Kaylea Kathol From: Gareth Davies <gareth@sosasap.com> Sent: Friday, February 17, 2017 9:47 AM To: Kaylea Kathol Cc: bob@skinneraviation.com Subject: Revised camera bid from SOS Alarm. Hi Kaylea, Please find enclosed our revised bid for the "weather cameras" to be located at the Ashland airport. We had originally planned to locate the cameras on the main office building, but we then thought that the trees at the front of the building could block the view from the cameras in the Spring and Summer time. So our plan now would be to mount the cameras on the light pole that is situated on the fence line between the office building and the runwayltaxiway. Equipment 1 x Mobotix D15 dual lens camera with 2 90 degree lenses. 1 x Mobotix D15 pole mount kit 2 x Ubiquity wireless network tranceivers 2 x 4 port POE switches Sub Total : $2821.00 installation charge / $59.00 monthly service fee. Permit : $55.00 (Jackson County electrical fee) Total : $2876.00 installed / $59.00 per month. (3 year agreement) When adding cameras to a pole where power is available, and we are using wireless tranceivers to send the video signal back to another location, we would need your electrician to specifically use the following plastic boxes : Cantex 12 x 12 x 6. models 5133710 or 5133713 The electrician should mount the box at 10 or 12 feet off the ground with 110 VAC electrical receptacle placed inside the box for us to use. I have included a couple of pictures, showing what we require. I hope this helps. Please don't hesitate to contact me with any questions. Gareth SOS Alarm. 1 ~ ~ ~ ~ x , ~a~._ H'f PA . 3273 BtDDLE RD., MEDt=0R0, OREGON 97504 515 N.E. 8TH, GRANTS PASS, OREGON 97526 f: , ~ Alarm No. Accounting-No. ~ Contract No. THIS AGREEMENT made this~day of 1'~ ~ ~ , 20 ~ ~ _,r v I ~ between MEDF~ORD ALARM & SIGNAL CO., an Onegon C~cHpo~rOn, hereafter called "S.O.S. Alarm and - r ~ hereinafter called "Subscxiber." WIT'NESSFIH: 1. • S.O.S. Alarm a reel to install and maintain or cause to be installed and maintained without liabili and not as an ~ 9 ~ tY insurer, during the term of this agreement, its electric protective service more fully described below, and where applicable, to connect its electric protective equipment by individual circuit or circuits with a central monitoring station, provided by S.O,S. Alarm, on the premises of the Subscriber or under control of the Subscriber ~„t:,;~ ~ ; ~ y. ~ ~ , ~ E _ ~ , (C~ty) ~ ; , ~y~y,, ~ ~ ~ , ~a State ~ .a. Fax N0. .r f ) - CAP) ) ( ) 2 TIC THIS CONTRACT SHALL 8E MI FULL FOR( AND EFFECT FOR A TERM OF THREE (3~ YEARS FROM THE DATE SAID ELECTRIC PROTECTNE EQUIPMENT IS INSTALLED, UNLESS HEREINAFTER PROVIDED OTHERWISE, AND SHALL AUTOMATICALLY RENEW ITSELF FROM YEAR TO YEAR THEREAFTER UPON THE SAME TERMS AND CONDITIONS UNLESS EITHER PARTY SHALL GIVE THE OTHER NOTICE OF TERMINATION NOT LESS THAN 30 DAYS PRIOR TO THE E~RATDOW OF THE ORIGINAL TERM OR ANY SUBSEQUENT RENEWAL TERM. 3. Subscriber a reel to a S.O.S. Alarm as follows: 9 P Y f A. $ _ ~ ~ for the cost of said protecfive equipment. Said amount to be payable as fapaws: (i) $ _ / , f~~ t the time of the signing of the Agreement. a ° F Y C ! u on the cam letion of the installation of said electric rotective a ui ment. f)~ ~ ~ P P P q P . s B. In addition as a service char. a for o eratin said a ui ment, the sum of $ month) in advance on the first da : J P 9 q P Y ~ Y of each month, during the term of this Agreement. C. in the event of an a ment due hereunder is more than ten da s delin uent, S.O.S. Alarm ma im ose and collect a delin- YPY Y q Y P uenc char a of~1 1/2% er month 18°ro er annum or $5.00 whichever is rester. Subscriber to receive na credit a ainst the service A Y g P ( P } g 9 charge if the system is temporarily cut off or aut of service for any reason. 4. QPTiON: bscriber rryay purchase the electric protective equipment at any time during the term of this contract for the additional a ment of ~ ~ ' PY ~ 5. E F R T :The fbllowin rotes#ion shall tae installed: SP ❑BURGLQRY FIAE []HOLDUP ❑PANIC ❑AMBUSH ❑SUPERVISORY ❑SUPERVISED [OPEN/CLOSE []MONTHLY ORTS SILENT ~ AUDIBLE COMB - TESTS AND INSPECTIONS YARD S1GNS DECALS # OF PARTITIONS CCTV D ❑ ❑ ❑ ❑ C~ R ~ RR TO AE DE NA RA ❑MOVE ❑ ❑ ❑ ❑ ❑ ❑ RATING EST LUS 'TOTAL LUS DATE TECH AMOUNT QTY. MODEL DESCRIPTION LOCATION r ~ o~ l 2. S S . r'1 J ~ 1 - ; r. ~ . ~ GJC~ fit- ~ r Gv~.C~~ r " ! ~ !»i.{ .1 r .t 3 y ''L: . Y" ~ ~ ELECTRICAL PERMIT ~ ~ C1~ ALARM PERMIT 1 SUBSCRIBER DESIRES NO FURTHER PROTECTION AT THIS TIME OTHER THAN THAT LISTED ABOVE. ~ ~ 6. S,O.S. ALARM'S LIABILITY SUBSCRIBER ACKNOWLEDGES THAT S.O,S. ALARM'S OBLIGATION WEREUNDER RELATES SOLELY TO THE MAIN TAINANCE OF THE SPECIFIED ELECTRICAL PROTECTIVE SYSTEM, AND TFIAT S.O.S. ALARM IS DN NO WAY OBLIGATED TQ INSURE THE OPERATION OF THE SYSTEM OR ANY DEVICE OF THE SUBSCRIBER OR OTHERS TO WHICH SA.S. ALARM'S SYSTEM IS CONNECTED. S.O,S, ALARM DQES NOT REPRE- SENT OR WARRANT THE FOLLOWING: THAT THE SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE OR OTHERWISE; OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH iT WAS INSTALLED OR INTENDED). SUBSCRIBER ACKNOWLEDGES THAT S.O.S. ALARM IS NOT AN INSURER; THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS nr~ na~a~l+e fl~Pl 1~~"►IOII► AGIV {PIA~SA\ITICC /1[ 6~[DP~IJA\IT AG11 ITV AD [ITpI[CC CYDDCCC llD IIIDI IC11 CY/'~GDT AC CCT CAD761 NCDCIAI AAllt CFID_  wn LPmra,MtiG 1nvL vLmv%x mn I vv P% nP%17 1 IV-%; Vr RIGrIVr7M17I P%LAIL.1 I I %J" f 1117s.~7tit, I.nr" ..Nti7 W" 111'1r 1,.11.41, ti nti.t.r 1 P,V v1- I 1 v91111 11L.11L.117, n4VbW tirtirv SCRIBER SPECIFICALLY ACKNOWLEDGES THAT SUBSCRIBER HAS READ, UNDERSTANDS AND ACCEPTS PARAGRAPHS 14 AND 15 RELATING TO THE LIABILITY OF S.O.S. ALARM HEREUNDER, IN CASE OF LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE, AND PROVIDING THAT S.O.S. ALARM IS NOT AN INSURER. 7. OWNERSHIP AND PROTECTION OF EQUIPMENT Subscriber acknowledges that the entire system, including all equipment, devices, foil, wiring, con- duits, appliances and other associated materials, is and shall at all times remain the sole property of S.O.S. Alarm. The Subscriber expressly convenants and agrees not to tamper with, disturb, injure or remove or otherwise interfere with said electric protective equipment or permit the same to be done. Subscriber agrees that only authorized agents of S.O.S. Alarm will be permitted to alter, remove, adjust, service, repair, add devices, equipment or wiring and agrees to reimburse S.O.S. Alarm for loss of, or damage to, installed devices, wiring and equipment. It is further agreed that the electric protective equipment shall remain in the same location as installed, and any removal or disturbance thereof resulting from painting, altering or remodeling the fixtures or any changes whatsoever necessitating any work what- soever by any work by way of repairs, relocation or otherwise on said electric protective equipment, or made necessary by Subscribers act, or which may be required by insurance interests or inspection and rating bureaus having jurisdiction, shall be paid for by the Subscriber in accordance with standard charges of S.O.S. Alarm in addition to all other charges mentioned herein. All costs of repairs to be borne by Subscriber, except repairs or replacements due to depreciation from normal use. 8. THREE DAY NOTICE OF CANCELLATION: THE SUBSCRIBER MAY CANCEL THIS CONTRACT BY SENDING NOTICE OF SUCH CANCELLATION BY CERTI- FIED MAIL RETURN RECEIPT REQUESTED TO S.O.S. ALARM WHICH NOTICE SHALL BE POSTED NOT LATER THAN MIDNIGHT THE THIRD DAY (EXCLUDING SUNDAYS AND HOLIDAYS) FOLLOWING SUBSCIBER'S SIGNING OF THIS CONTRACT. 9. ADDITIQNAL PROVISIONS: i IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized representatives all as of the day and the year first hereinabove written. MEDFORD ALARM SIGNAL C0, INC. SUBSCRIBER i, BY BY'k Agent r, TITLE ; Z. APPROVED Authorized Officer ❑CORPORAT10N ❑ SOLE PROPRIETOR ❑ PARTNERSHIP ❑ OTHER THIS AGREEMENT SHALL NOT BE BINDING UPON S.O.S. ALARM UNLESS APPROVED IN WRITING BY AN OFFICER OF S.O.S. ALARM. IN THE EVENT THE TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE OF THIS AGREE- OF NON-APPROVAL THE SOLE LIABILITY OF S.O.S. ALARM SHALL BE TO MENT ARE INCORPORATED HEREIN AND BY REFERENCE MADE A PART HEREOF REFUND TO SUBSCRIBER THE AMOUNT THAT HAS BEEN PAID TO S.O.S. INTEROFFICE INFORMATION 6 tQ. ~f , . r Sut~scriber acknowledges receipt of a copy of this contract. , f. ~~.t ~~"I~~~ ; ~a) All char es set forth herein are based upon existing Ffera#, and State tapes and util'~y chargesp inc lad- ing but not limited to telephone r.~mpny line charges, if an . S.O.S. Alarm shall have t e right, at any time, to increase the charges provided for herein to reflect any additional taxes, fees, lmcenses, utility charges which may imposed upon Alarm by any governments! agency Qr utility for any additional costs it~tcurr~f as a result f reguirernertts imposed by law Qr by Suscri~r's insurance carrier. relating #o tl~e sere°ice{s~ provltfed for herein, and Subscnber agrees to pay the earns, from and after recent of notice threo#. In addition to ad~ustrents made and charges specifically provided for in t1 {a) eve, ar~d which ui~SCrier l~erehy agrees to pay, lart~ r~~ay, at are time err t~rnes dr tl?e s~ira~ibn of one }year from tl~e cotplotln Qf the installation cf the electric protective etg~tipment; propose other Increases in the service char es u o ivirt the Sub- g p g scriber nottwe to wr€t~rtg. in the event the Susortber is unwtlltng to pay such ether proposed increas~i service charges, the Subscriber may terminate this agreement upon riving notice in writing to Alarm by registered or certified mail, return recei t requested, within isn {10) days from tt;e receipt of S.(~.5. Alert's not3t~, provided Subscriber is not default of any of the terms and ronditlons of this greernen#. Failure to notify S.t~.. Alarm within ten {1 ~f days will ~;or~s#itute uscr~ber's cor~senf #r~ tEte increase and all of the other terms antl cQr~~~ eons of this agreement shall rerrtatn to full force and effect. t f l ° Subscr`tr acknowledges the Alarm has the right to assign and sublet this contract and tc sub•contract any of its work or services it may perform. All of the terms and condtttons of thrs contract shell applicable to all work acrd ser~rtces sub-contracted to or erforred b parties ether than Alarm. This a~qreerrtent is not asst na 7 °.1 = able by Subscrik~erY voluntarily or involuntarily, by operation of law or otherwise, v~ifhorrt written consent of Alarm, and any attempt to do so, fithout consent shah void. °l S, I ~..t At l "Ti T; ~a}ibis agreement rr~ay ba s~a~per~€~e €ar cancelled v~itlt r~otlce and ~vlthout liability or peraaity, at the option of S.O.S. Alarms in the event Alarm's or Subscriber's premises or equipment are des#royed by fire, other catastrophe or y offer means are sa substantlall ° dan~a ed that y g it is irepractical to continue service; in the event that any of the services rfr~rrned by Alarm are prohibited or restricted by law, or in tl~te event that S.Q.S. Aiarrr$ is unable to secure Qr retetn the connections ar privileges necessary for tft transmission Q signals be+een Subscribers premises and S.Q.S. Alarm's Central ~±ation or other monttortt~tg facility or beaen that facility and the ublic circa or Erne department for any reasQrt v~hatsoever. ~b~ ubscrtber acknowledges that S.Q,S Alarm may, at its option< without notice and +~ithout liability, disntinue their services provided if any payment hereunder is more then ten ~t ~ days delintiuent. if services are discontinued because c~f Subscrser s past due balance, Subscriber agrees to page a service rewconnect cftarge as deterrr~trt~i y S.Q.S. Alarm if he desires to have the system reconnected. {c~ i SSf lS S.~PP A.L>At lfl~fE 1'H~ ALI ~t~ltol'~I 1f"'r~!! Y OACfAf fC THE DSO fL ~ 5L "O t~T ~~.P ~LI~F~I~ ~flR THE TL POFS IlfO SI~O~ f A ~g qy~y "a ° ^..:~me~±.. ,;..~..t.....n tll~~~ttE'' ~?e.~'fiT,ATI~^ I~, ~t°'~,~,~~, E`"~ l~ 5°"f""i~ A .An°f`tA1" S..S.^A~..AI~° 'IS t3'T` l9"l~~"6i~tg 88 Bl~eJa~6f`~00~ ~1$°I11; a3$~.5~ ~,J~6ll@`fW i #f~F SF~de7iae'~i~~7y 1$7~f E i'T~tl#19$e# P°g'i93~,d $`i,A1f'R A°$ P~~74~ a'~if~.ei ~,+°7°~ #f~~ 6b' d k 9 Y RAAm X i@+'bw Aad A Mi A 0`d Y d %&wr# tlMaMR R Y`WAW' Y"qC BRm. 0J! Wi RHwi'kFx WY 6 ly° f 9 RR.~e iR Pon !p'1 R ! ~ aN~d6V~AYW And B'66 F A&YFA fm W ##'R N A R AAw P Y d°kdS 0W%Y • ! kb0 WF & i 94w6 # Y°YY AwdY i~Mw U6'@a/b~~ ~.Y9J8 Sl&n8 8~@0! t 8 PNa $Lo~RwAFf F"88 @ r0.e.~6 A @ d 9 0Pnh6 8 e+d ~9e@@+'l . de MF Y i'fl 3'M16 8F &g 1,\IwM AVM ®s f ~R P¢n 589 8P R8'9 C '^✓S E 88W4#R F9 3p"°~8~4'AANNYav.2 A 4 4aR A i e.R Eb✓F~f 8 %aE B&w idipT O SIDS tppLlO ~ILt. AT Q T 00€:t>~Af~CE$ f3 I~OSOCS 0 ifO SySi O SI IS OSIOf TO CCi O : SSCIS CO'LOOS IT iT IS l~lFRACTICL AtO i Ip`tCLi TO Fly Tt AOiblAl~ IA~AO, i t, qtilCf°i A ptOf~gTL q~SI~~~.aT FO FAtLy~ i0g F~OE f~ Q~F i~ {~BLIGATfflN 1, QR T ~AtL O~ Tt°f ST;~ TO O~~Y OFiA°y ~tl~ St~t.,,Tlt~O I~.S.f A,ff w~SJa3b.®6'1€ G34dlda,"3 i.JE'~ 06~ Oj 81~fB5L7~: {A~ T~f ~fl`~O;TAI AIOLgiT Ql Lt3 OF SifSSCES'S pFfO~i~~~TsY O~ THE OPRTY OF OT~aS Olaf TES pISS 1ICl ~ t L9 Olt ~ € aJi~sU[YM~tr~~ l~~Cl~ ~ a'fi[:4t°v t 1~ ~ ~i Tt t~OSF~~tT' ~ `~Lt ~ FIRS ~ m o~SO~,It» ~ F°'gLiO l'd 1 Ot~TT Ie:Fa~TOf ~`T.S.3!lo8 wl•L'31F. A~~L'd ~°!~n'b>&;FS~I~ ~d3 F'kBIE 8,A 8,.d1~3 &+°~Ae ~iJ a~5,/k@L,dit7g . ICJ THE iAiL i0 ASCiA~ A3 pOil01~. IF A~ OF f~Y LOSS NIOItL~ 9E Pf~OIl7~,L OSO Y S.O.< A%'S FIL i0 FO O ~ ~ Tf INFO Si«fSSCiS #fOSAItS A10 OS 'ITT IF S.O.S. L~ Sf°I4Lt? BE FOB LIASL FOB (ROSS O ~.A lL FQ FAILIS OF S.OnS, Atnl~ iQ ~ Any` O Tl~ C3LtOATtOf f~lr3lt, tCL~llOff~ ~t~T NOT LIF~iiD i0 INSTAr.LA`pfQy ~id~14~~fAC,10i~°°O~IIfC O S~I~~tC, O 'l~l~ SAIL ti OF iyi SSi~ O ~OIp"~ l ~'C I ~'~tAiSO~, S.O.S. ALA'S t.IA~ILi7y S~tAbL Llfil`pCi~ iQ ht fiiAL OF Sly ' tQtLy pAA~"S O ~C ~3t~~t3 FfFT' ~~~apt OLLAS, 't~ICl~t~t? I Tl~ l,.;wSS S L~Q~11A°f'~G AfAr~FS A ~10~' S A I?Atniy A~3 ~t"it E~IAI~i"~Y ~At.l., SL ~t<~E~ St`~3 At~C ~tytA~l iS p~OtStOS OF iIIS S~iIQ SI°fAL AIL !F LOSS O t3A~,~G~, If~f3~Si!~~CTt~ Of° OAt.fS S t3tltd StfLTS CII~Tt., O It~3lCTLY a 'FSa~f~S O O`~~; FOB t~FOAt~O O C~F~FOAO flF TI`tE fJSLi~ZA~'I~htS IfOSI~ Sit °'~ilS O ~ i~:% 0~2 FOB OLIfi,~C< ACitF. Q~'fCIS OF S.O.S. ,fr.f, t?'S ACiSe ASSIOS Q t~O~S, i' SiSOtI~ `~~~I.~~~tS ~,O;S At~A i0 ASSti A Lltt~`t LII~.tTY Ifs LIEU O~ Tt~ LIOt~IO.TFO A~A~S AS i~€It~ ASO~ SLR FOit~. StJSCISf~ I~1`y O ~ Ate FiOt S,O: x. Atm~ A E.,19#~` IwAIfi pAy'It~O Aft ACOIiIOt~AL ~Of~TFfLY S~U'IC C~IAOL i O S.O.S ALA. tl` SLir®f~ISFt ~L~: i S ~"O F~~SI ~ItS Oil A 10 SMALL : A~AOO O `~~fIS AO S~il~~ FO~€Tl~ TI~IC TES, COtI`I°`IOIS Aft i~tF AfQ~° t,t~nf~ IwtA~tt.~"~ A f~ AOt- TIt~.AL ° I"~t..Y OttAOf=. SC E A AOi7lOA~. OILIi~iO~t SI~ALI. IN f~0 SAY I!°fiRl~~" TO I~QL S.Q.S4 ALAf~ :S EfSp. 1~3~~~r~§~ f 1~~ l ~`~I ~i At~~' I~SO~d, O~ A P±~Ff~"Y t"t~ t Hf AO~S~fAt..l. iI~F A~. OLtI Qty f°~L Any t~A~SIi A1S°t" S.O.S. E~ AS LATIO O S.QnS. ALAf~'S ~a'!S Afl~ QLtATIrJS P~lS~IT TO ~"l~llS AOlgf~" tOt~tll't0 f3`l Q LIfIT' . O I^IL OStCSt a`" ,~..A`tOl, Alt`Cf~A~~~~, F*?i~`01~~ Ol~'I~IAiIOt O IvQAt~~RATIC°t~ OI"TI°i ALI~~ SYST StiSC~tIS 4~1 $~I y p~ 9 9 ~ g iJ 3 a1 p $~~3~ IDOL , ~tALSS FO Af~~ Af~O AL.L OLI~a ~!O LA~al~ll~'S l~lCLII~INO t~T Llf~" ~e~ ~"S A~~i ..F ~~~t„ A ~ ~ ~ ~ Ali °~?'Of~~~"S FSd `~'TI"E~ ~"t~5 OLAI~S S SAS I~Of~ t~LOD 1r~TiOf~l,. C3~E00°, ~`l~' Ott pSSI~f fF~~LIOFf~O, O S~°l O pr~OL~~~` LfAStt.IT~` T A`~ O S.O.S. Al,~tl~! tiS AOiS S#~f~' O A~LQYEES. y t 16 ~°lWl~l~l~~~.W,~~~~~ ISISI~ A~:£3~1.~€~S ~°i f3!°~IO.A. pi~~~'EOf~ O 5~~'IF: A'y S~: AS~EI~ S.O,S, ALA~~ OV ADO Off' TIC' QIC l~f't AT AICITIO~AL COST. fF StlI~SCAfS ISIS S,OaS. LA TO A~FO ~fiTlQl~fL SSIrICS tgTll~l iA p0'IO FOR if~IS CO°pC`~ Itl~ StAI..L A°~"ACI~I TtitS t'Of~IT~4Ci SIFtCLLY S~'110 SLtCt 5'ICCS. AS TO A S~11C l31i10- Ai~ SFVIC~S SS 14' S.O.S. AA~~ li tS SFSSSt~Y TT'S.OaS, ALR~S IS Oi i' ILtF At•~ I Qi lF~ Af ~A Qt.,fO.r~i tQ It~StiF 3y pf~OpT ~F StiSSt O pOpFi O OiI~S Oft I"l FFtISS ~3F SUSSCRIS O I COf~`OL O Si~tSSFtISn t d I3L'y 1, . ~ ! S ~ S Alarrn assumes nQ liabii~t =for dela~~ in instaliatian of ti?e system, or interru Lion of service d:.t~~ t~~ rske~, cr other work in~ter~r!;ptton, Yi,~ts, fldrads ~tres, storms. ear#f~~ akesa €nsurrect~rar, inability to prc~ure equipment or supplies; or a derv in the shi~m~~nt tlrercof, interruratlor~ in teleol~~one sert~ic€s acts ~~f Q cr Qiher cause reasonably be.~crt~ its cc°~trol, wP~ether or prat such cil~er ~:~ause is ~n ti3e earns class as those enumerate', anti S.Q.S. Atat'n~ shall not oe regr~~~red to sr~opl ` Seretoes to Subscr#her while any sL"h Ct~li;ie5 Qr oondttlon ~..;E„~t;~, ~ _ t ~ t ~ ~7~~~. S~~bscriber shah notify S.Q.S. AEarrn i~ ~vrt#tn 4{4~it~~n free ~5) days from cort~ipletiori dfinstalla#~cn cf any errors or orission~ in the ins~llation of fife proteot~or~ or devt~~r~s. ;~niess sut;li written n~ti~i is furr~is~eti wit'°+in skid ~-drry p~rtgd, Sur.~scriir sf~all be deemed to have accepted the inst:~liatiQr~ as made. ~ _~'._.~IL!°: SSOlS iS SOSISL'y T{~ OBTAIN AMY CSSY ~tTS Ot S LAS ADO TO A~ A~ FALSE ALARM FIBS IOi~f A B fIOS A~ OO~I~T~tI~TAL O pt~BC,iC BODY AS A BES#3LT OF TAI ISTLLTIOf~ O S''fC p0`ICO I Opy' TSI #~1~ ~~ltl°Y 1~ 5 SSSll~ Sl°~ALL t~t~~~ R'A" AE. 5` ABC SLR CF~It..y' A ROpRL~ SST BROLAI QR i`i°'ESIO# ALARM AC~t IOI~ ~3R SC Tl~~ AS SIJBSCRIRI"R SMALL CLASS O Ai pRFfIS>~S. SEBSBIBR Sf~LL ARFLtLL z RQI~RFtty TSi Sc~L O 3I~~IStO :4t~ Y~"EM, IC~.€3C10 '°l~ t. S°~IO O Lt. SAO 0`t:TIO ~IIC tAy F IS~"LLC, RREt~R T~ AC LOSSO RR00 Al SMALL. OfA~`RL ROR TO S.O.Sn ALARM y OLAtO If~AROAC Ili OR FAILR OR ° S'yS, l AOIiIO~ Al BtR~LAR ALARM OR SI~RISOR At.Atl fl IS OORCTE€~ TO S.O,S. LARlS CI~TRL S°A°f0 O iI~IFR OtTQRf£~ FAOII,I~° IlOff tS Oi St~~RISO {FAIL ORIO ADO CLOSif~( SIOALS~ SI~IALL B t~Op#.TELY TSi By ilk SLIRSORIRR iRO RRIOR ARRAt~~ SETS Ai 'L.ASi OR°RL P3QtFil~, SnO4Sr F# SkIALL FAIRS AS SMALL SS f~~GSSAf~Y AS SOOf~ F'BR TtiS RBOIRT OF CHIC S IS RASQABLy RRAC TICt_. #BCRIBR SILL f~0"I"IF SOS ALARM fg OAFS pftQt `O AIY CkfAOF OF OWfdRStiI OF SAID pRISR ffRB SAID RL tC R3`C°#'fV OtI~ lBT I IISTALLRn ~ L~~AL. S.Q.S. Alarm cr Its deslgr~ee; except where the systerr~ terrnln,ates of a police or fire departrnen#, shall withcuf warrar~ty~, made every reasonable effort tra ria the followlrtg° fit; Upon receipt of a burglar ai~~rr?~t slg 3~1, transrrtit the alarm to had~'yuarfers of the T~ublic y~oliQe de arimertt unless there Is ~ust cause to assurr~r; that an eater enc con- dt.~on does not exts~, tf deemed r~ecessary< by S.Q.S. Alarm ndtif~~ the Subscriber or his designated represen#ative by calling the telephone number supplied to S.Q,S. Alarm in writing by the Subscriber. Llpt~n receipt of a held-u alarm signal, tr~ri~mi# the alarm to the public police department. ~1pon receipt of a sprinkler water~flow signal, manual or automatic fire alarm signal, trnsrit the alarm to the public fire department unless there is dust cause to assume that an emergency condition does not exist; if deemed necessary by S.C~,S. Alarm notify Subscriber or hip desinateo representative by call the tale hone number su lied to S.t~.S. p pt~ Alarm in writing by tt~e Subriber. {4 ~ lrlpor~ receipt of a monitor or supervisory signal, notify Subscriber or his designated representative by calling the telephone number supplied to S.Q.S. Alarm in writing by Subscriber, unless instructed otherwise. I~FfRC Af' TSO ALi~.° Subscriber acknowledges that the signals transmitted from Subscriber's premises will be monitored In munic- #pal police andi'or fire departterats or other lo~3attons, and that the persQnrtei of such rnuntcRpal and,EOr Erne department or other location are not the agents ref S.Q.S. Alarm, r~or does S,Q.S. Alarm assure any responsibility for tt?e manner in which such signals are monitored or the response; if any, to such signals. c ~`L3~iC il~tSh Subscriber ckrtowle es that i Weis which are trnsrrritted over tale bone com an si nal channel lines ''i'dle Over I g g p p Y g s nterr~et protocol {OIP~, Cellular et~+ory ad~or any other type of transaaisslon network are wholly beyond the control and {urisdir9tion of SnOnSF Alarm and are tnair~tained and serviced by the applicable telep~tone cornparry,utility, ad~or provider of said service. 21. ~ ALAS .......e Ire the event ar, excessive number of 9alse alarms are caused by Subscriber's carelessness, rr~aliciQ€~s action, or ~cr,idental use of the alarm system, or to the event Subscr7ber ~n any r~tanner rn~sta~es or abuses the system, 5.4.5. Alarm may in its sole d~scret~on deem same to be a rnatertal breach of contract ran the art of Subscriber and, as its option, to addtt~on to all other legal .ernedte.. set fr~rlh below, be excused from further perat~rmance upon giving the tern (tQ~ days v~r~tten nox~~e to Susorilr S.O.S. Alarm's excuse from ,oe~rforrnar~oe steal! not aec# its right tc recover damages from Subscriber. In the event a fine, penalty or fee ~s assessed against ,Q.S. Alarm die etches an a ant tQ res and rtn P rm ~ ~ ~ ~ ~ p g p t~ ~ a a o. ~ttrtattng Prom Subsortber s ~rern,ses, where Sul~Pso, tber inters#tona~ly. acctdenta:~y o~ neglt~ently has activated the alarm signal, and nc alarm cortiriition exists, or it S.C~,~, A#ar-salsas any rna~ntenance call caused t~v irtradvertence ~~r negligence of SutZscrlber. Subscriber shad pay S.O.S. Alarr~ the stun I=oriy Fwe dollars for €~at~h such call, Subscrsber reraresents lie fully ;arp~ersfc~nd that tt~s: €~gtasps~nent, because of its sensitivity and rsature, is sub'eot to the influence Qf external events wf~ich are not within the cart- f j s = ~ ~ trot of S.Q,S. Alarm and wh,oh may cause the alarm to actsvate. Any rat all of such a~arrns shall not excuse any Q3 the oblmgattons of ~uds~:rtb+~r as set forth to this greernertt. Subserir agrees to make any changes necessary to prevent the occurrence 4f terse alarms, will not take or permit any action that effects the proper c~peratiort of the system antl sagree~: tc turn rah ar re~;cve ~~Il things ani,r~ato; Qr in~Yr~imate, including but not lirr~ited to ail fQrc:ed a.ir heater:, asr conds#,oners. anrmals, bells; horns and any other thing vYrhloh may snterfere ?=~vtth tl~e effect:ver~ess of the syste~t durtnq closed IaertQds while the aSarn~ system iS Qn. l ~ Subscriber agrees to furnish 5.4.5. Alarm forthwith with a written iis~t of names, residences, resiaen~ phone numbers, all persons uthc.. rued try enter the prernlses or be notified in the event ref an aiar~s. Ail changes. revtstorts acrd modtficattons to the above shall be suppliant to 5.4.5. Alarm in v~riting. 5.f.S. Alarm is ttere~ by outl~ors~etf to enter upon the prerntses at any tsrr~e or t~rnes deemed necessary by S.t~.S. Alarm to perftsrrs~ sts serusces to tnarntarn the system and iF [the event. of an alarm si rtal. Sub- ; scriber hereby authorizes 5.~?,S, .Alarm .o temporarily discorsneot the system for nuisance or electrical reasons if 5.3.5. Alarm is unable to notify Subscriber at emergency numbers list- ed, if Subscriber declines or fails to arrive at the prerr~tses within thirty ~~D~ minutes, Qr tf reques#ed tQ do so by any governmers#aE or municipal officer having ~~irlsdiCtlors, A~' Subscriber authorizes S.Q.S_ Alarr~ to cause the arrest of any person or persons on or around the premises unauthtarized by Subscriber and to hold such per oi°,ri nr n.t~ranr~n ~.rga~i~ rn$~Q,-s:~rprd ~x9 i#rr. rars~e~r bsir. i~es~s.rrt rn.~r,r,nnavi.~.tYeon n. ~,..B~n.P, ri,~~i..e..6+.,  7i.?33 t£4 r.dG9i~Ydl ie7 ulfoi 7ti3[~ &JF,;4,d S.)f ~4ltle'?L,i tAdg+#S Bli_t 718EY "3 s IC'}d7 ~i 1t$Sb6JYSi U{ vi,3§iL t;'Muo1umy. 24. REFA LT 1 l ` I N: I THE EVENT SUBSCRIBER DEFAULTS IN THE PERFORMANCE OF ANY O THE TERMS O CONDITION O THIS AGREE- MENT, INCLUDING THE FAILURE TO SAKE ANY PAYMENTS AS AGREED HEREIN OR IN THE EVENT THAT VOLUNTARY OR INVOLUNTARY BANKRUPTCY OR RECEIVER- SKIP PROCEEDINGS ARE INITIATED BY OR AGAINST SUBSCRIBER OR SUBSCRIBER MAKES AN ASSIGNMENT FOR THE BENEFIT OF SUBSCRIBER'S CREDITORS OR ,9N THE EVENT ANY GOVERNMENTAL OR MUNICIPAL AGENCY REQUESTS TERMINATION OF THE SYSTEM, R SHOULD THE HOLE OR ANY PART OF THE PREMISES BY ACQUIRED OR CONDEMNED FOR ANY PUBLIC AGENCY OR PRIVATE USE OR PURPOSE, OR SHOULD SUBSCRIBER VACATE THE PREMISES FOR ANY REASON THEN AND IN ANY SUCH EVENT THE ENTIRE BALANCE OF THE MONIES OWING FOR THE UNEXPIRED TERM OF THIS AGREEMENT, TOGETHERWITH ALL PAST DUE BALANCES SMALL BECOME IMMEDIATELY DUE AND PAYABLE AT THE OPTION OF S.O.S. ALARM, FARTHER, IN THE EVENT OF A DEFAULT BY SUBSCRIBER, OR UPON THE EXPI- RATION OF THIS AGREEMENT O ANY RENEWAL TERM THEREOF, SUBSCRIBER HEREBY CONSENTS TO S.O.S. ALARM`S ENTERING THE AFORESAID PREMISES OR ANY OTHER PREMISES WHERE THE PROPERTY OF S.O. , ALARM MAY BE LOCATED FOR THE PURPOSE OF REMOVING ALL OR PART OF ANY EQUIPMENT BELONGING TO S.S.S. ALARM. REMOVAL OF SAID-SYSTEM SHALL BE WITHOUT PREJUDICE TO THE COLLECTION OF ANY AND ALL. SLIMS DUE UNDER THE ENTIRE CONTRACT OR EXTENSIONS THEREOF. THE REMEDIES HEREIN PROVIDED SHALL NOT BE DEEMED EXCLUSIVE, BUT SHALL B IN ADDITION TO SUCH OTHER REMEDIES AS S.O.S, ALARM MAY HAVE AT LAW OR IN EQUITY TO ENFORCE FOR THE BREACH THEREOF. 25. ATTORNEY'S FEEin the event it shall become necessary for S.Q.S. Alarm to institute legal proceedings to collect any charges set forth or provided herein, then and in such proceeding the unsuccessful party shall pay to the successful party such sum as attorney's fees as the court may adjudge reasonable, in addition to the costs and disbursements provided by law. 25. ENTIRE E ED QRE ME : NO FI ATION: ALTERATIONS. WAIVER. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, and in particular paragraphs 14, 15, and 15 which set forth S.O.S. Alarm's maximum liability in the event of loss or darnage to Subscriber or others. This agreement supersedes all prior presentations, understandings or agreements of the parties, and the parties rely only upon the contents of this Agreement in executing it. This Agreement can only be modified by a writing signed by the parties or their duly authorized agent. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. 27, INVALID PROVISIONS- In the event of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all of the remaining terms and provision shall remain in full force and effect, 25. PRIt R QTR Sm'The parties hereby agree that the eXeCL)tiran of this contract by both parties automatically cancels all former contracts between S.O.S. Alarm and the above named Subscriber for the same location or locations as contained in this contract when the protection provided for herein in intended to replace the existing protection present- ly ly installed. Any such cancellation, however, does not t relieve the Subscriber from and past ; due balances owed to S.O.S. Alarm under the previous contract or any other liability that accrued under the terms thereof. 29. PURCHASE ORDERS: It is understood and agreed by and between the parties hereto, that if there is any conflict between this contract and Subscriber's purchase order or any other document, this contract will govern, whether such purchase order or ether document is prior or subsequent to this agreement. 30. It STALLATI N. &O.S. Alarm is hereby authorized to make an re arations such holes, drilling driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the electric protective system and shall not be responsible for any condition created thereby during the installation, mainte- nance, removal or abandonment thereof of the electric protective equipment, and further, S.O.S. Alarm shall not be responsible for any condition of premises upon the removal of the elec- tric protective equipment, and further, S.O.S. Alarm shall not be responsible for any condition of premises upon the removal of the electric protective equipment and Subscriber warrants that is has full authority from the owner and/or any other person in control of the premises to permit the installation under all conditions herein above mentioned. Subscriber agrees that F , a the installation work is to be done dr,r~nc S.O. a. Alarm's regular ins6~al,ation working hours. Subscriber hereby authorizes z es use of electric-a! outlets required and will furnish all necessary additional conduit or electrical wiring required, 24-hour circuits, and the necessary current through his rnetei at his expense. DATE (MMIDDIYYYYI ~.J~OL! CERTIFICATE ~F LIABILI~`Y l1~iS~ RA~VCE 4/6!2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: I# the certificate holder is an ADDITIONAL [NSURED, the policy(ies) must be endorsed. 1f SUBROGATION !S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cer#il•icate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER NAME: Alarm Insurance Agency PH°NE Ext .g 4_ ~ No : 0-2413, 4975 Lacross Road EMAIL Suite 313 ADDRESS:InfO~Q aI,_ armins~com ~ _ I North Charleston SC 29406 INSURERS AFFORDING COVERAGE NAIC h INSURER A : CC e 1 49 - 3 INSURED M~DFO-1 INSURER B : _ _ _ _ Medford Alarm And Signal Company INSURER C Ray Claborn 1NSURERD: i 3273 Biddle Rd Medford OR 97504 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1205025663 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ! ADOL SUBR ; POLICY EFF ~ POLICY EXP ' ~ LIMITS LTR i TYPE OF INSURANCE INSR WVD POLICY NUMBER I MI4UDDlYYYY ! h1MIDDlYYYY A ~ GENERAL LIABILnY j j CL00960192 i 4/1 X2017 ~ 4/11201$ EACH OCCURRENCE ; 51,000,400 i__ IX ~ ' DAMAGE TO RENTED i _ COIJIMERCIAL GENE (RAIL LIABILITY ~ ~ I PRElAISES (Ea occurrence) I S100,000 ~ I ^ !OCCUR ~ ~ ~ { ~ ~ MED EXP (Any one person' { S5,000 I I. CLAIMS-MADE lX ~ ErrOrS~Omissions ~ ~ ! { i PERSONALBADVINJURY~ ; S1,000,000 { ; ~ f ~ GENERAL AGGREGATE ~ S2.000.000 ' PRODUCTS -COMP/OP AGG 52,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: ~ _ 1 POLICY j PRO- i LOC ,AUTOMOBILE LIABlLnY j I ~ ~ ~ _ Ea accident) ' ~ _ _ ANY AUTO 1 ~ I ? BODILY INJURY (Per person) ~ _ ALL OWNED ~ SCHEDULED { { ~ ~ ~ BODILY INJURY (Per axident) ~ 5 AUTOS AUTOS I j I PROPERTY DAMAGE ~ ~ NON-0WNED ~ I i i Peraccident) ~ $ r.IRED AUTOS AUTOS ; - i {{UMBRELLA LIAB i '~I { { I I 1____I.000UR i ~ ' I EACH OCCURRENCE 5 j I ~ i i~ EXCESS LIAB ; ~ CLAI}dS-MADE i ~ AGGREGATE 5 I I DED ~ I RETENTION S ' S WORKERS COMPENSATION ~ ' i i WC STATUS ; OTH• I i ;TORY t,Iti11T _ _ '_ER_____. {AND EMPLOYERS' LIABILITY Y 1 N ! I- ANY PROPRIETORIPARTNERIEXECUTIVE ~ ~ I E.L. EACH ACCIDENT S ~ Or'FICER(MEMBER EXCLUDED? ~ N 1 A _ _ (Mandatory in NH) ~ E.L. DISEASE - EA EMPLOYEES _ _ _ if yes, describe under DESCRIPTION OF OPERATIONS below j ~ E.L. DISEASE -POLICY LIMIT S J ~ ' ~ ~ ~ ' I I ~ i ~ ` DESCR1PTlON OF OPERATIONS 1 LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 51 Wlnburn way ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATNE ,r I ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD Z5 {2010105) The ACORD name and logo are registered marks of ACORD Policy Number: Date Entered: 10/05/2016 A~ORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDJYYYY) 4/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: HO11 S~tZ _ Spitz Insurance Agency PHONE ~ f FAX 111 E. Main Street Fes: (541) 582-3123 ; {uc, Nc): 1541) 582-2239 A aalss: holly@ spitzins . com Rogue River, OR 97537 t NAIC>* INSURER S AFFORDING COVERAGE _ INSURERA:Truck Insurance Exchange INSURED Medford Alarm & Signal Company, Inc . dba : SOS ~i rs~o Ray Claborn INSURER C : __W 3273 Biddle Ad INSURER D : ` ' Medford, OR 97504 INSURER E : INSURER F : ~ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ; ADDL SUBRi POLICY EFF POLICY EXP j LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY D t + COMMERCIAL GENERAL W1BILnY EACH OCCURRENCE ? S i " i ( AMA EN D CLAIMS-MADE i ;OCCUR i j PREMISES (Ea occurence► S MED EXP (Any one Pe~so~} S PERSONAL d ADV INJURY ~ S ~ _ ' ' GENT AGGREGATE LIMIT APPLIES PER: ~ GENERAL AGGREGATE S _ 1 POLY ~ jECa ~ LOC ~i ~ PRODUCTS • COMP~OP AGG S _ a i ` S ;OTHER: AUTOMOBILE LIABILITY ~ ~ i ~ C M81NED IN LE LIMIT S 1, 0~0, 000 {Ea accident) ANY AUTO ~ ~ 03488-93-93 11/2/2016 111/2/2017 'BODILY INJURY (Perpenson) ~ S OV'dNED `SCHEDULED + ~ 'BODILY INJURY {Per accent) ' S A ~ AUTOS ONLY i AUTOS ~ ~ _ PROPERTY DAMAGE HIRED + !NON-0wNED ~ ~ S AUTOS ONLY j ~ AUTOS ONLY ~ i ' {Per accidentl j t i ; S I 1 j UMBRELLA LIAR E OCCUR ( ~ } ;EACH OCCURRENCE S i i EXCESS LIAB ~ I CLAIMS-Mr10E { ~ 1 i AGGREGATE i 5 ~ i ~ - ~ _ ~ S DED ' + RETENTION S i WORKERS COMPENSATION !PER ~ i OTN- AND EMPLOYERS' LUIBILITY ~ STATUTE i ~ ER ~ Y! N ~ ~ E L. EACH ACCIDENT F S ANY PROPRIETORrPARTNERIEXECUTIVE ~ _ OFFICERtMEMBER EXCIUDED? j ~ N f A i ~ _ (Mandatory in NH) i , ! ~ i E.L. DISEASE - EA EMPLOYEE; S _ iliyes.descriDeunder ~ i i DESCRIPTION OF OPERATIONS bebw ? I ~ E.L. DISEASE -POLICY LIMIT S + ~ ; i I f DESCRIPTION OF OPERATIONS f LOGATIONS 1 VEHICLES (ACORD 101, Addilfanal Remarks Schedule, may be attached 'rf more space is required) CERTIFICATE HOLDER CANCELLATION SAMPLE CERTIFICATE COPY FOR NAMED INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTkORItED REPRESENTATIVE 01988-2015 ACORD CORPORATfON. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com: Impressive Publishino 800-208-1977 www.saif.com ■ Oregon Workers' Compensation Certificate of Insurance /corporation Certificate holder; CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated, The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Medford Alarm and Signal Co SAIF Corporation S 0 S Alarm Co Sharon A Joy 3273 Biddle Rd 541.857.4209 shajoy@saif.com Medford, Or 97504-4122 _ . Issued 0411012017 Limits of liability Policy 738352 Bodily Injury by Accident X500,000 each accident Period 10/0112016 to 1010112017 Bodily Injury by Disease X500,000 each employee Body Injury by Disease X500,000 policy limit Description of operationsllocationslspecial items Important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. Authorized representative Kerry Barnett President and CEO 400 Hig'~ Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Palicy_OLCA_Ce ~ tificate0{I nsu~a nce r . .ti. - ~ Fiscal Year 2017 Page: 1 of:1 B City of Ashland _ _ _ _ _ L ATTN: Accounts Payable 20 E. Main Purchase 673 L Ashland, OR 97520 Order # T Phone: 5411552-2010 O Email: payable@ashland.or.us ~ S CIO Public Works Department E SOS ALARM H 51 Winburn Way p 3273 BIDDLE RD P Ashland, OR 97520 O MEDFORD, OR 97504 Phone: 5411488-5347 T Fax: 541/488-6006 R ~ O Ka lea Kathol _ - _ - r~ ~ ~~t~Q~~e~~= v-:gin, s~I~r~b~ - _ - _ _ - _ - - _ - - 0411~212017 330 FOB ASHLAND OR Cit Accounts Pa able J - - WebcamAshland Airport 1 Install camera and appurtenant equipment, configure for public 1 $5,000.0000 $5,000.00 web viewing, monthly servicelrental fee of $591mo for 36 months. Contract for Goods and Services Beginning date: 04101!2017 Completion date: 0313012020 Project Account: GL SUMMARY 085700 - 704100 $5,000 00 ~ ~ ~ ~ 8~ .n ~ Date: By; . ~ ~ a AuthorizedS na ure - _ - - $5 000.00 r t Sj 3 ~r CITY ®F H~~~~ REQI~ISITION Date of request; 4/3/17 Required date for delivery; 4 / 10 / 17 Vendor Name SOS Alarm Address, City, State, Zlp 3273 Biddle Road, Medford, OR, 97504 Contact Name & Telephone Number Gareth Davies 541 773 3900 Fax Number gareth@ sosasap . com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emer enc ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2,50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached -Attach cop of council communication _ If council approval required, attach cop of CC ❑ Small Procurement Cooperative Procurement Less than 5 000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: Contract # ❑ Direct Award -(Attach copy of council communication) ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington O Sole Source Contract # Intermediate Procurement SSE - M ❑ ❑ Other government agency contract GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) Agency $5,000 to $100,000 ❑ Written quote or proposal attached Contract # ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K IntergovernmentalRgreement PERSONAL SERVICES ❑ Special Procurement ❑ Agency 5 000 to 75 000 ❑ Form #9, Request for Approval Date original contract approved by Council: Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date) ❑ (3) Written proposalslwritten solicitation Date approved by Council: - (Attach copy of council communication), ❑ Form t#4, personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Install camera and appurtenant equipment; configure for public web $5000 viewing; monthly service/rental fee of $59/mo for 36 months. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal Project Number Account Number 085700-704100 Account Number Account Number Expenditure must be charged to fhe appropriate account numbers for fhe financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve ali hardware and softwrare purchases: _ IT Director Date Support-Yes / No R By signing this requisitipn form, I ce ify that e y's public confra~~~requirements have been satisfied, ~ 4 , Em to ee: ~ ~ C~ Department Head: , ~ I ~ ~ ~ 3 ~a~ p Y t . , ~~ooo~ - ~ ~ (Eq~-to-0r-~ er Chart , Department ManagerlSupervisor; City Administrator: (Equal to or greater than $~`2'S,000~ Funds appropriated for current fiscal year. YES / NO T q.-~~. ~ ~ , , ~y F F FlnanCe Director- Equal fo or greater than ~5; 000) Date Co,~ments: Form #3 - Reauisition ' CITY OF SHLAND T0: File FROM: Kaylea Kathol DATE: 3/29/17 RE: Airport Webcam Solicitation The City seeks to install a webcam at the Ashland Municipal Airport, viewable on the public web. Kathol and Skinner (FBO) solicited quotes from six local IT, networking, and/or security companies, including Dr. Networking, SOS Alarm, Upper Case Computer Solutions and Connecting Point, for installation and/or network configuration. With the exception of SOS Alarm, all the companies declined to provide a proposal. As such, this intermediate procurement project for $5000 does not include multiple quotes /r