Resolution 172-1980
RESOLUTION NO .172. 1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND CERTIFIED BURGLAR ALARM
SYSTEMS FOR A DIRECT WIRE ALARM SYSTEM
FOR THE MONROE COUNTY PUBLIC LIBRARY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute an
Agreement by and between the Board of County Commissioners
and Certified Burglar Alarm Systems, for the purpose of
transferring to a direct wire alarm system for the Monroe County
Public Library, copy of same being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
15th day of July, 1980.
By
BOARD OF COUNTY
Of MONROE CO
(Seal)
Attest:
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,/ er
APPROV,D .4s1'O FORM
AND U~ $4R1CII!NC'f.
'p, ~?
BY <t'~ ," ;~s 1 "".
. A .. 0tIIM
I~
*
NATIONAL
BURGLAR &
FIRE ALARM
UNDERWRITERS'
LABORATORIES APPROVED
" "'''' 0.... "".
Mr..-,
CERTIFIED
BURGLAR
ALARM SYSTEMS
TELEPHONE (BIG PINE) 872-2532 (KEY WEST) 294-8200
P.O. BOX 526 BIG PINE KEY l FLORIDA 33043
Oldest Alarm Company in the Florida Keys. Serving Only the Florida Keys
Established 1962
...
Date of Agreement: April 12 ,19--llQ
BETWEEN: CERTIFIED BURGLAR ALARM SYSTEMS, hereinafter called "Company" and
BOARD OF COUNTY COMMI SS lONERS OF MONROE CO. hereinafter called "Subscriber."
Subscriber's Address: POST OFFICE ..E0'x Ih~/\, KEY WEST, FLORIDA, 33040
E QUI PM E NT TO BEl N 1\ TAL LED: Transfer exi sting alarm system monitoring from
Key West Police Station to 24 hour answering service by:
digital communicator @ $150
.;X
direct \-lire
no charge
2. Subscriber shall pay Company:
A. The sum of $ for the cost of connecting said system and of installing equipment.
8, And shall pay in a.ddition for operating said apparatus, the sum of $ 50.00 per month, pIIy_
able $ 151) 00 quarterly' - .', during the tenn of this Agreement, Subscriber will pay
all telephone Tine charges to telephone compllny.
3, Company shall without liability and not as an insurer, maintain the same in good working order during the tenn of this
Agreement. Subscriber agrees not to permit, in connection therewith, the attachment or use of any apparatus whkh is not fum-
ished by Company,
***
4. Except as ot r . e here;
from said sys em i
written cancellatlo
sequent to the initial t
first payment was d
may be i pon
vIsions hereof.
enc
ect for a period of three (3 rs
. . con alOe 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
, yof
5. The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise interf,re
with !laid apparatus nor to pennit 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 pIIinting, altering, or remodelling the fixturea or any chan-
ges whatsoever necessitating any work by way of repairs, relocation or otherwise on sat~ apparatus, or if the underwriters 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 ss drilling holes, driving nails, making attachmenta or
doing any other tiring or things necessary or pertinent to the installation and maintenance of the electrical p"ot.cti.... 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 apparatus
and Subscriber warrants that it has full authority from the owner and/or any other person in control of the premises to pennit
the installation of the apparatus under all conditions hereinabove mentioned.
6, Should any part of the a tarm system be damaged by fire, riot, act of God, water or extraneous cause, repairs 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 at:-
casioned by malfeasance or misfeasance in the perfonnance 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 dama 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 ~reement setting forth the addition-
al liability o"'Compariy ;4\td'additi"aria4. charge, That the rider and additional obligation shall in no way be interpreted to hold
Company as iln-insuret.lo..c_ ,lI.:-,' ..
.19/1....."...1"'......,... "",.,..,~~ \.~\~
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 agenc'yi.'of. burea,u, having jurisdiction, or Subscriber by his or its own act i;hall 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 Depllrtment or Answering Service for such things
as leased lines used in connection with the services rendered under this Agreement, shall be bome 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 strikes,
riots, floods, fire or act of ~od 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 sucb 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 Compllny,
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 tenns.
13, Company shall have the right to assign this Agreement to any other person, finn or corporation without notice to the
Subscriber, and shall have the further right to sub-contract any services which it may perf.onn.
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 maintsin, repllir, ser9'ice, replace, operate or assure the oper-
ation of the property system or sny device or devices of the Subscriber or of othera 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 station, con-
necting wires or equipment within the Subscriber's premises are destroyed by fire or other catastrophe, or so substantially
damaged that it is impracticable to continu,e service, and may likewise be cancelled at the option of the Subscriber, in the
event that Subscriber's plant is so destroyed or damapd.
77
16. Thl. Ape_ent ia not usignable by thr: ~..ab.crlbe, except upon the writtfln consent ol Company rir.t beinl obt.ined.
TIle lubecdha' may not .aalp .ny rlints inurine und.r thi. cont...c.t or under the relationship created hereby eith.r volunt.rl-
ly or by operation of l.w without h.vlna; !lr.t obtaifted the written conaent of the Comp,ny, The Subscrlb.r doe. hereby lor
itaelf ud all partie. cialmine under it reiee.e .nd ellach.rp the Company from end .a;.In.t .11 haz.rd. cov.red by inaur.nc.,
it hainl .xpr...iy underatood .nd .pe.d th.t no in.uranc. company or in.urer sh.ll h.ve .ny ria;hts ol subropUon .I.in.t
eM COIDpany.
17. Subscriber hereby .grees th.t the Company sball Mve the ria;ht to incre..e or decrease the m.intenance provided for
herein .t .ny tim. or times .fter the expiration of one (1) year from the date hereof upon a;lving the Subscriber notice and if
the Subecriber I. unwUUna; to p.y .uch incre.sed chara;e, Sub.criber may c.ncel the then unexpired term of this Aireement by
notifyi... the Compeny in wrlUni by registered mail, return receipt requeated, within 5 dey. ol the notice of auch increue,
18. The Subacriber h.reby .greea to indemnify the Company .nd hold it h.nnle.. from .nd Bialnat any claims or demanda
wtUcb mey be ....rted .pin.t the Comp.ny, includinl re.sonable ..ttomey's feea nece...ry to defsnd such claims or de-
_ad., .ri.Lna; out of the mainten.nce .nd/or inat.ll.tion of the .l.rm ayatem or any of lts,componenta.
19. It ia expre.sly understood .nd agreed that in enterina; into thla Agreement snd in irantinl the servicea and In leulnl
the equipment herein deacribed. lhe Company m.kes no w.lT.ntles which extend beyond th. de.crlption contained In this Airee-
...at. The COIIIpany expre..ly dlaclaitDa any warranty for merch.ntability or litnea. lor U88.
by:
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Firm Name
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Subscriber
Title
BOARD OF COUNTY COMMISSIONERS
OF MONR O_uCO TY, FLORIDA
By _~ c..~
C aIrman
(Seal)
Attest:
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. / 1erk
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***. 4. This contract shall be for a period from April 12, 1980,
untIl September.3~, 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 UGM SUHaNCr.
/P4dd
\Attorney'. Offit>>
8Y
13