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04/12/1980 * NATIONAL BURGLAR &. FIRE ALARM UNDERWRITERS' LABORATORIES APPROVED "'I (l<< D. 1 \1..... '" I Member CERTIFIED BURGLAR ALARM SYSTEMS TELEPHONE (BIG PINE) 872-2532 (KEY WEST) 294-8200 P.O. BOX 526 BIG PINE KEY, FLORIDA 33043 Oldest Alarm Company in the Florida Keys . Serving Only the Florida Keys Established 1962 Date of Agreement: Apri 1 12 , 19-.aQ BETWEEN: CERT1F1ED BURGLAR ALARM SYSTEMS, hereinafter called "Company" and BOARD OF COUNTY COMMI SS lONERS OF MONROE CO. hereinafter called "Subscriber. II Subscriber's Address: POST OFFICE,J~(\X lIi~~" KEY WEST, FLORIDA, 33040 EQUIPMENT TO BE IN~TALLED: Transfer existing alarm system monitoring from I(ey lIest Police Station to 2LJ. hOllr ans;Jering service by: digital communicator Q $150 ':x: dire ct \dre no charge 2. Subscriber shall pay Company: A. The sum of $ for the cost of connecting said system and of installing equipment. B. And shall pay in addition for operating said apparatus, the sum of S 50.00 per month, pay_ able $ 1 50 00 quarterly'.. ,4." during the tenn of this Agreement. Subscriber will pay all telephone fine charges to telephone company. 3. Company shall without liability and not as an insurer, maintain the same in good working order during the term of this Agreement. Subscriber agrees not to permit, in connection therewith, the attachment or use of any apparatus which i. not furn- ished by Company. *** ect for a period of three (3 rs . . con alne unti a act period or of any yearly period sub- ayment shall be due on the same date the_ cise, sales, tangible, or other taxes which y of s. The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise interf.re with said apparatus nor to permit the same to be done. It is further agreed that the apparatus shall remain in the same location as installed, and any removal or disturbance thereof resulting from painting, altering, or remodelling the fixtures or any chan- ges whatsoever necessitating any work by way of repairs, relocation or otherwise on said apparatus, or if the underwriter. or any inspection bureau having jurisdiction shall require any changes, ahall be paid for by the Subscriber in accordance with standard charges of Company in addition to all other charges mentioned herein. Company i. hereby authorized to make any preparations such as drilling holes, driving nails, makinK attachment. or doing any other thing or things necessary or pertinent to the installation and maintenance of the electrical protectaOft appara- tus and Company shall not be responsible for any condition created thereby during the installation, maintenance or removal of the equipment, and further Company shall not be responsible for the condition of premises upon the removal of the apparatu. and Subscriber warrants that it has full authority from the owner and/or any other person in control of the premi.ea to permit the installation of the apparatus under all conditions hereinabove mentioned. 6. Should any part of the alarm system be damaged by fire, riot, act of God, water or extraneous cause, repair. or re- placement thereof shall be paid for by Subscriber. 7. It is agreed that Company is not an insurer and that the payments hereinbefore named are based solely upon the value of the services herein described and it is not the intention of the parties that Company assume responsibility for any lo.s C~- casioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sus- tained through burglary, theft, robbery, fire or other cause or any liability on the part of Company by virtue of this Agreement or because of the relation hereby e,stablished. If there shall, notwithstanding the above provisions, at any time be or arise any liability on the part of Company by virtue of this Agreement or because of the relation hereby established, whether due to the negligence of Company or otherwise, such liability is and shall be limited to a sum equal in amount to the rental service charge hereunder for a period of service not to exceed six months, which sum shall be paid and received as liquidated damages. Such liability as herein set forth is fixed as liquidated dams ges and not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Company to assume greater liability for the performance of its services here- under, a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scale of rates proporti.?,p~d to the responsibility, and an additional rider shall be attached to this Agreement setting forth the addition- al liability ot" Company .:a\td'~diHana+' charge. That the rider and additional obligation shall in no way be interpreted to hold Company as an-io~uret.\.. L"~ '-...:--.... ., a · ~ W'J.... ,,4\ '~.. ...., ~ \.~"t,." 8. An additional charge shall be made for any repairs necessitated by other than ordinary wear and tear in accordance with standard charges of Company. 9. If any ag&n~jtb" bureCW"having jurisdiction, or Subscriber by his or its own act sha 11 require or make necessary any changes in the signalling system as originally installed, Subscriber agrees, on demand, to pay for the cost of such changes. Any increased eha rges made to Company by the Telephone Company, Police Department or Answering Service for auch thing. as leased lines used in connection with the services rendered under this Agreement, shall be borne by Subscriber and .hall be added to the service charges made to Subscriber. 10. This Agreement is subject to acceptance by Company. 11. Company assumes no liability for delay in installation of the equipment or for interruption of service due to strikes, riots, floods, fire or act of God or any other cause beyond the control of Company, and shall not be required to supply service to Subscriber while interruption of service due to any such cause shall continue, but will, in such event, give notice of the condition to Subscriber or Subscriber's designated representative. The mailing of a letter to Subscriber to such effect ahall conclusively establish that such advice has been given by Company. 12. Company shall not be liable for loss or damage caused by delay, interruption, stoppage in construction or mainten- ance caused by strikes, walk-outs, acts of God or other causes beyond its control and same shall not relieve payments on behalf of Subscriber for terms. 13. Company sba 11 ha ve the right to a ssign this Agreement to any other person, firm or corporation without notice to the Subscriber, and shall ha ve the further right to sub-contract any services which it may perform. 14. It is understood and agreed that Company's obligation relatea to the maintenance solely of the specified protective signalling system, and that Company is in no way obligated to maintain, repair, aert-ice, replace, operate or asaure the oper- ation of the property system or any device or devices of the Subacriber or of others to which Company's said system is attach- ed. 15. This Agreement may be cancelled, without previous notice, at the option of Company, in case its central atation. con- necting wires or equipment within the Subscriber's premise. are de.troyed by fire or other catastrophe, or so aubet.ntially damaged that it is impracticable to continue service, and may likewi.. be cancelled at the option of the Subscriber, in the event that Subscriber's plant is so destroyed or damaKed. 16. nu. Ape...nt Is not assignable by thf: ~\lb8Crlber except upon the written consent of Company first belnl obtained. TIle luMenber ..y Dot ...ip any rilhta inurinl under thie contract or under the relationship created bereby either yoluntari- I, or by openation of la. without havinl firat obtained the written conaent of the Company. The Subacriber doe. hereby for lta.lf ADd .11 parti.. cla1minl under it rele..e and di.char. the Company from and againat all hazard. cov.red by in.urance, it beiD8 expr...ly understood and spe.d that no in.urance company or in.urer ahall bave any rights of subroptlon alsinat the Compeny. 17. Subacriber hereby agrees that the Company ahall have the ri&ht to increa.e or decrease the maintenance provided for ......in at any time or timea after the expiration of one (1) year from the date hereof upon giving the Subscriber notice and if the Subecriber i. unwllllnl to pay auch increased char.e, Sub.criber may c.ncel the then unexpired term of this Aireement by notllylac the Compeny in writing; by registered mail, retum receipt requeated, within 5 days of tbe notice of such increase. 18. The Subacrlber hereby agree. to indemnify the Company and hold it harmless from and 81ainat any claims or demands which lDay be ....rted .pinat the Comp.ny, includinl re..onable attorney'. fees neces.ary to defend auch claims or de- ....d., arla1nc out of the maintenance and/or instaU.tion of the alarm aystem or any of it. componenta. 19. It ia expreaaly understood and asreed that in entering into this Agreem.nt and in &r&ntlna the service. and in leasing the equipment herein deacribed, tbe Company makea no warranties which 8-xtend beyond tb. description contained in this Agree- ment. The Company expre.aly disclaim. any warranty for mercbantability or {ltne.. for u... by: /~,':5 2- i~ .// ~ ~ X..,j I..... / ,"' /: ' :." L.t,A~. · ,"- F inn Name '~L ,':'/- 4-~ t'i , It .-r&t- /~ c/ ~..~~ne~~/~ Wi tn~s s Subscriber T it Ie BOARD OF COUNTY COMMISSIONERS OF MONROE C..~~TY, /Sl;9RIDA - , J."/ .d..; ./~. / ""-,,,,"-. ._!." (" J>-'/' (/<,,-. ~t tfi~1~;la1f':- 'CSear)- By ~ Attest: ~/ >'" ,,~. ~< ",ei ert<" (,. , J <- *** 4. This contract shall be for a period from April 12, 1980, until September 30, 1981. This agreement shall be automatically renewed for additional one (1) year periods beginning October 1, 1981, and upon the same terms and conditions as herein contained except either party may cancel this contract or any renewal thereof by giving of thirty (30) days written notice of its intention to so do. APPROVED AS TO FORM AND LfGM $UR1Q6N(;r. /; RY _$~dvL Aaornr{. Off- * NATIONAL BURGLAR &. FIRE ALARM UNDERWRITERS' LABORATORIES APPROVED (\ ,) ( ('J 1 ~) N N Member CERTIFIED BURGLAR ALARM SYSTEMS TELEPHONE (BIG PINE) 872-2532 (KEY WEST) 294-8200 P.O. BOX 526 BIG PINE KEY, FLORIDA 33043 Oldest Alarm Company in the Florida Keys . Serving Only the Florida Keys Established 1962 Date of Agreement: A:pr-;1 l' ,19-31l BETWEEN: CERT1FJED BURGLAR ALARM SYSTEMS, hereinafter. called "Company" and Board of County ComrnlSSloners at ~1onroe Co. h . ft II d "S b .b " e re I n a ere a e use r I e r . Subscriber's Address: Post Office Box ':'5;31), 'I(~e}" West, Florida, 33040. E QUI PM EN T TO 8 E I N ~ TAL LED: 'l'ransfer 6)d.Sting alarm systt.'1Il moni torirlg from 1<:'0;:; l.Test .?olice stat:.orl to 24 hour tltUlLler:tng o~rvice by: digit~al commutucatoI4 ~,~150 x dire ct ~Jira no cr.tllI"ge 2. Subscriber shall pay Company: A. The sum of $ for the cost of connecting said system and of installing equipment. B. And shall pay in addition for operating said apparatus, the sum of S '50.00 per month, pay- able $ 1 SO 00 quarterly during the tenn of this Agreement. Subscriber will pay all telephone line charges to tele[lhnne company. 3. Company shall without liability and not as an insurer, maintain the same in good working order during the term of this Agreement. Subscriber agrees not to permit, in connection therewith, the attachment or use of any apparatus which ia not furn- ished by Company. *** and effect for a period rms and . . ereln conta ined until a act period or of any yearly period sub- 11 be due on the same date the, y excise, sales, tang1 , ich . eement and/ or the carrying out of any of 5. The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise interf,re with said apparatus nor to permit the same to be done. It is further agreed that the apparatus shall remain in the same location as installed, and any removal or disturbance thereof resulting from painting, altering, or remodelling the fixtures or any chan- ges whatsoever necessitating any work by way of repairs, relocation or otherwise on said apparatus, or if the underwriter. or any inspection bureau having jurisdiction shall require any changes, shall be paid for by the Subscriher in accordance with standard charges of Company in addition to all other charges mentioned herein. Company is hereby authorized to make any preparations such as drilling holes, driving nails, makins attachment. or doing any other thing or things necessary or pertinent to the installation and maintenance of the electrical pl'otectiOft appara- tus and Company shall not be responsible for any condition created thereby during the installation, maintenance or removal of the equipment, and further Company shall not be responsible for the condition of premises upon the removal of the apparatu8 and Subscriber warrants that it has full authority from the owner and/or any other person in control of the premises to permit the installation of the apparatus under all conditions hereinabove mentioned. 6. Should any part of the alarm system be damaged by fire, riot, act of God, water or extraneous cause, repeirs or re- placement thereof shall be paid for by Subscriber. 7. It is agreed that Company is not an insurer and that the payments hereinbefore named are based solely upon the value of the services herein described and it is not the intention of the parties that Company assume responsibility for any loss ct:- casioned by malfeasance or misfeasance in the performance of the services under this contract or for any loss or damage sus- tained through burglary, theft, robbery, fire or other cause or any liability on the part of Company by virtue of this Agreement or because of the relation hereby e,stablished. If there shall, notwithstanding the above provisions, at any time be or arise any liability on the part of Company by virtue of this Agreement or because of the relation hereby established, whether due to the negligence of Company or otherwise, such liability is and shall be limited to a sum equal in amount to the rental service charge hereunder for a per~od of service not to exceed six months, which sum shall be paid and received as liquidated damages. Such liability as hetein set forth is fixed as liquidated dams ges and not as a penalty and this liability shall be complete and exclusive. That in the event Subscriber desires Company to assume greater liability for the performance of its services here- under, a choice is hereby given of obtaining full or limited liability by paying an additional amount under a graduated scale of rates proportioned to the responsibility, and an additional rider shall be attached to this Agreement setting forth the addition- al liability of Company and additional.charge. That the rider and additional obligation shall in no way be interpreted to hold Comp~t)Y as CUt insurer. ' 8. An additional charge shall be made for any repairs necessitated by other than ordinary wear and tear in accordance with standard charges of Company. 9. If any agency or bureau having jurisdiction, or Subscriber by his or its own act sha 11 require or make necessary any changes in the signalling system as originally installed, Subscriber agrees, on demand, to pay for the cost of such changes. Any increased charges made to Company by the Telephone Company, Police Department or Answering Service for such thinl. as leased lines used in connection wi th the services rendered under this Agreement, shall be borne by Subscriber and shall be added to the service charges made to Subscriber. 10. This Agreement is subject to acceptance by Company. 11. Company assumes no liability for delay in installation of the equipment or for interruption of service due to strike., riots, floods, fire or act of God or any other cause beyond the control of Company, and shall not be required to supply service to Subscriber while interruption of service due to any such cause shall continue, but will, in such event, give notice of the condition to Subscriber or Subscriber's designated representative. The mailing of a letter to Subscriber to such effect shall conclusively establish that such advice has been given by Company. 12. Company shall not be liable for loss or damage caused by delay, interruption, stoppage in construction or mainten- ance caused by strikes, walk-outs, acts of God or other causes beyond its control and same shall not relieve payments on behalf of Subscriber for terms. 13. Company shall have the right to assign this Agreement to any other person, firm or corporation without notice to the Subscriber, and shall ha ve the further right to sub-contract any services which it may perform. 14. It is understood and agreed that Company's obligation relates to the maintenance solely of the specified protective signalling system, and that Company is in no way obligated to maintain, repair, ser9ice, replace, operate or assure the oper- ation of the property system or any device or devices of the Subscriber or of others to which Company's said system is attach- ed. 15. This Agreement may be cancelled, without previous notice, at the option of Company, in case its central .tation, con- necting wires or equipment within the Subscriber's premises are de.troyed by fire or other catastrophe, or so sub8tantially damaged that it is impracticable to continue service, and may like.i.. be cancelled at the option of the Subscriber, in the event that Subscriber's plant is so destroyed or damased. 16. nu. Apeement 1. not assignable by thf: ~..abllCrlber except upon the written consent of Company fir.t beiDS obtained. TIle .ubllcrlber may Dot ...ip any riihta inurinl under thi. contract or under the relutionship cr.ated hereby either yoluntari- I, or b, operation of law witbout havina fir.t obtained the written con.ent of the Company. The Subscriber doe. bereby for lta.lf aad all perU.. cla1minl under it relea.. and di.char.. the Company from and againat all hazard. covered by in.uranee, it beiD8 expre..ly understood and apeed that no in.urance company or insurer ahall have any right. of .ubroptlon alainat tile Co_peny. 17. Subacriber hereby agrees that the Company .hall hav. the ri&ht to increa.e or decrease the maintenance provided for herein at any time or times after the expiration of on. (1) year from the date hereof upon giving the Subscriber notice and if the Sub.criber i. unwt11inl to pay .uch increa.ed chari., Sub.criber may cane. I the then unexpired term of this Aireement by notllyiaa the Cornpeny in wrlUnK by registered mail, retum receipt requ.sted, within 5 days of the notice of such increase. 18. The Sub.criber hereby agree. to indemnify the Company and hold it harmle.. from and al8inat any claims or demands which .a, be ....rted .pin.t the Company, includinl reaaonable attomey'. fees nec....ry to defend .uch claims or de- ....ct., arl.lnc out of the maintenance and/or instaUation of the alarm aystem or any of it. components. 19. It i. .xpre.sly understood and agreed that in enterinlinto this Agreement and in irantinl the aervice. and in leasing the equipm.nt herein described, the Company makes no warranties which extend beyond th. deacription contained in thia Agree- ment. The Company .xpre..ly disclaim. any ..rranty for merchantability or fitn... for u... /' by: l.!\-S ':.'- f~ '/'(]/J ~~)) / ,; I ,P/21 tt", F inn Name Witness Subscriber T it Ie Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY'7FLO~~' /./ /'./ ,I /' ,/ / ",'/ f ,j \.. .f ./ l' By '_~ ~ ~ C ~:;L :2~~~,.........:-~-:._:':": ~ ~::_:::...::::::---.:-'-- Cha i Y.I\an ..~ _+.. _... ..........,.....ol..~U,'. (Seal) Attest: .,/ /"" .' , / C.lerk . *** 4. This contract shall be for a period from April 12, ]980. until September 30, 1981. This agreement shall be automatically renewed for additional one (1) year periods beginning October 1, 1981, and upon the same terms and conditions as herein contained except either party may cancel this contract or any renewal thereof by giving of thirty (30) days written notice of its intention to so do~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY. d/L/UA AUorney's Office BY