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HomeMy WebLinkAboutContract 2332 "A. Rep 2332� 4` Fire:et S stems 9 6224 Lakeland Avenue North, Suite 100 Brooklyn Park, MN 55428 Phone: (763) 536 -3950 ext 19 Fax: (763) 536 -3978 email: mchatterton@firenetsys.com September 15 2010 Service Contract Address: Columbia Heights — Public Works Service and Monitoring 637 38 Ave NE Columbia Heights, MN 55421 Site Contact: Steve Synowczynski @ 763 - 706 -3715 Firenet Systems Inc, agrees to perform the following services at this location for a period of 3 years from the date of this letter. Please review and sign page 2 of this agreement. It is also agreed that along with the individual site contacts, Fire Chief Gary Gorman will receive a copy of all reports, discrepancies, test results, and scheduled work. • Reprogram Current Panel for Monitoring $90.00 0 Assuming the ADEMCO 5140XM is tied in for the communicator to central station • Annual Alarm System Testing To begin in $200.00 • Annual Alarm System Monitoring 2010 $240.00 • Emergency Light Annual Testing $10.50 /ea DOES NOT INCLUDE THE FOLLOWING: o Telephone Lines for Monitoring O Poor or inferior existing equipment or cable O Repairs for deficiencies found during inspection's O 120v power for panel installation * Re- programming price is based on work being performed during the 1 annual NFPA 72 testing * Price's will not increase more than 5% annually * Price's are based on being awarded all work proposed 1 of 3 SERVICE TERMS FOR FIRE DETECTION SYSTEMS 1. This contract between Firenet Systems, Inc. hereinafter designated as the CONTRACTOR, and the City of Columbia Heights hereinafter designated as the owner, covers the servicing, maintenance and monitoring by the CONTRACTOR of the property of the areas defined in September 15, 2010 letter. All to be serviced according to National fire Protection Standards and manufactures recommendations. 2. It is agreed that the CONTRACTOR shall provide the following services during the period of this contact. Refer to the letter dated September 15, 2010. 3. The CONTRACTOR shall inspect the equipment and installation 1 time during each calendar year at approximately intervals of 12 months with initial inspection to be performed within 2 months of due date for first inspection. A report (in duplicate) of each inspection shall be forwarded to the person specified by the OWNER. 4. The term of the contract shall be good for a period of 3 years beginning September 15 2010 and ending December 15 2013 unless sooner terminated by either party as provided herein. 5. Payment to be paid by OWNER Net 15 days upon completion of services described in this agreement. A monthly service charge of 1 Y2% will be added to all delinquent accounts. Owner agrees to pay CONTRACTOR 100% at the end of each annual service 2 of 3 SERVICE CONDITIONS FOR FIRE DETECTION SYSTEMS 1. It is hereby agreed that work performed will be done during the seller's normal working time. If work is to be done during other than the seller's normal working hours, the buyer agrees to pay the additional overtime expense unless specifically stated otherwise in this proposal. 2. The CONTRACTOR shall replace equipment found defective due to improper design or faulty manufacturer within terms of the installation purchase agreement. If the defectiveness is the result of the condition not disclosed to the CONTRACTOR at the time of the system design, or improper handling by the OWNER, or a change of plant conditions, the charges incurred to bring the system up to proper standard of protection shall be borne by the OWNER. 3. Each inspection shall normally include tests of circuitry for continuity and adequate insulation, and of component proper functioning condition, unless noted in the proposal. If such tests are not possible due to plant operation, this shall be noted on the inspection report. 4. The CONTRACTOR, in event of an actuation of the protection system, shall provide service personnel to inspect the installation and recommend the reconditioning and /or replacement of equipment necessary to return the protection system to its normal state. Costs for reconditioning and /or replacement to be borne by the OWNER. The system shall not be placed in operation until final inspection by the CONTRACTOR'S service personnel has been performed. A report (in duplicate) shall be forwarded as stated in Paragraph 2 outlining the work performed. 5. OWNER agrees to indemnify and hold harmless CONTRACTOR against claims, actions or demands against him, and against any damages, liabilities, for personal injury or death, or loss of damage to property arising out of OWNER'S use of the systems. It is further agreed that CONTRACTOR is not liable for repairs, alterations or installations made by OWNER or other vendors. 6. The OWNER shall advise the CONTRACTOR of any changes made in the equipment, operation procedures, installation or plant, prior to the incorporation of such changes. This contract shall not cover the charges for any work performed by the CONTRACTOR necessary to render the system satisfactory for the changed condition. 7. It is understood and agreed between the parties hereto that the CONTRACTOR is not an insurer, that the payments herein before are based solely on the value of the service in the maintenance of the systems described, and that the CONTRACTOR assumes no liability whatsoever for the failure of the equipment to perform the service for which it is intended or for any losses of whatever nature which may result from any malfunction or alleged malfunction of the system. Due to the agent cost the CONTRACTOR shall not be held liable for the cost of any accidental actuation of any fire suppression system while service is being performed or otherwise. 8. This contract shall remain in force from the date of execution by the CONTRACTOR and may be terminated by either party upon Thirty Days (30) written notice. 9. In the event the settlement of the controversy or claim arising out of or relating to this agreement as to breach thereof, cannot be concluded by the parties of this Service Contract, they shall resort to arbitration upon written request one to the other. Such arbitration shall be in accordance with commercial arbitration rules then in effect of the American Arbitration Association and both parties agree to abide by a decision resulting from such arbitration. If necessary, the decision of the American Arbitration Association may be enforced by the courts having jurisdiction over this contract. 10. In the event arbitration or legal action is brought by either party to this Contract, the prevailing party shall be entitled to costs and attorney's fee, which will be made a part of the award judgment. 11. The laws of the State of Minnesota shall apply and bind the parties in any and all questions arising hereunder, regardless of the jurisdiction in which any action or proceeding may be initiated or maintained. It is understood, however, that this a general form of agreement and if any of it's provisions are contrary to the laws of the State of Territory, such provisions shall be deemed not to be a part of the agreement, and the remainder of this agreement shall remain in full force and effect. Firenet Systems, Inc. ;; // , Quote Acceptance d to By: Mike Chattert/��i /0 I Authorized Signature G,�