HomeMy WebLinkAboutRES 09-102 RESOLUTION NO. 09-102
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Monitoring Service
Agreement with BSM Wireless,substantially in the form attached hereto as Exhibit"A,"and
all other documents necessary for the monitoring of the Southeast Texas Auto Theft Task
Force bait vehicle.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April,
2009.
i' it,
- Mayor Becky Ames -
i w
I
APR-07-2009 TUE 05:38 PM 4098422835 FAX N0, 4098422835 P. 02
BSM Wireless Response Center Monitoring Service Agreement T
SSM Wireless Ine. 13SM Wireless Inc.
88005 overseas Highway 5875
Highway 7,Suite
Islamorada,T] 33034-6000,Suite 10-130 Woodbidge,Uao L4IL
17`9
Voice(800)6469614 Voice:(905)265-1100
Fax: 42 Fax:(905) 88 Grail;j0n dncr(g bamwire1e .cm To ll Free!(866)-7694771
!?Maly ilindwralbstnwireless.com
The terms and conditions found on pages I through 7 are part of this agreement.
CUSTOMER INFORMATION
Customer Name
Billing Address
City
State/Province Country Zip/Fastal Code
Contact Name nalskllyOsition
Phone Number Vatail Address
Fax Number
Term of Agreement and Payment;{disregard this seCitpn 4-+rsonitwW fens already included in package price)
The term of this Agreement is one year from the pate of Acceptance.The Customer agrees to pay a one-tithe database set-up fee of
(applicable taxes extra)plus a total monitoring service fee of (applicable taxes extra)billed in
advance and comprised of the annual per vehicle monitoring service fee of tithes vehicles.This
Agreement shall hereafter renew automatically from year to year unless candled in writing by either parry upon 60 pays written notice.
The billing cycle will be annual in advance.The Customer agrees to pay for any special service cbarges referred to in this agt'rement
including,bait not limited to,monitoring,long distance for calls over 15 minutes per event where applicable,charges for repeated bsuory
low or event call in,applicable taxes and BSM Wireless Inc.(BSM)or BSM business pannier service calls not covered under warranty.
General MfatWw The custwner u4nowledges and ages=that the services to be provided*RSM to the customer are limited to providing the monitoriq services for the
input/output activations and service features as outlined in Schedule"B"and to conzong the responsible perscm aging the contact numbers also outlined in Schedule"B".
The Custonm acknowledges and agrees to abide with and be bound by the terms and conditions m this agreement including bath Schftk Wand Schedule B"and has
so signified by si8mg and initialing the appropriate locations of this agreement.The Customer scicnowk4p that 13SM has advised the Customer that certain of their rights
and romodics have been rdi'ected by the tew and condi#ons of their agreeuuxg with DSM and That there are certain time limitations within which to oommenm airy action
agahtat BSlvf,ib;empbyees or Tic Gustooaet lercby futtlter agrees That HSM is not an im�arer of the wstomor's property and that this agreement is not intended to
be to ireurAtice policy or a subsUtutm for any in6tuta►ce policy, lire Customer must Icok exclusively to the Customer's Treater for rescuers and releases BSM,iia employees
and agents iEom any and all liabi! y related to the goods and services provided by 9SM under this agreement and coy scheduiea reiatCd thereto. The Headings and any
noks eel out herein inrrA no part of ibis agr�mcr►t and era inserted£cx coatvcuiatt rafeacnce only.
Servim Provided:
a) 13SM will provide 24 hour a day,7 day a.week monitoring service for the customer's vehicles. Event reports will be sent to the
Mail kkb=specified in Schedule"B",Email to Receive Event lleports.Hard copy reports are available upon Customer
requegt by cantacdng the BSM Support line at 866-7684771 for$5.00 US for the first page and$2.00 US foT each additional
page.
b) BSM will provide noonitoratg for law eatf arement bait vehicle,loss prevention,hazardous material ti%nport,armored
tit eks/cars and other selected high security surveillance applications but reserves the right to pre-approve applications on c e by
case basis.
c) BSM will place phone calls to the contacts in Schedule"B",Event Contact List,beginning with the first name indicated therein
and trying each successive name provided until a contact has bean trade and/or all numbers provided have been attempted.BSM
bass no obligation to attempt any other number/s other than those b od in Schedule"B",Event Contact List,it is the Customer's
as
responsibility to sure that the contacts and phone numbers in Schedule"V' Event Contact List,are up to date.Should this
information change the Customer is to oorrtoct the BSM ev omor support line imrnediattly at(866)768-4771.
3/12/09 Response Center Monitoring Service Agreement V DmO6 I
EXHIBIT "A"
APR-07-2009 TUE 05:39 PM 4098422835 FAX N0. 4098422835 P, 03
d) 13SM reserves the right to charge the customer for repeated activations lasting longer am 15 minute where loss of
communications is not a factor at the a rate of$.0.25 US per minute.Repeated for the purposes of this clauso mean more than
five such activations per month,
e) Customer agrees to dispatch a representative from their offices or agency within five minutes after being notifiied by BSM of an
activation and if unable to do 34,Customer agrees to call the BSM Response Center back.at 866-611r-Qb39 and BSM will
provide updated real-time activation information from that point forward.
t) 13SM reserves the right to charge the Customer for repeated false alarms resulting from user error or misuse of the system.Two
>rxarrtples would inolude repeated low battery cull-ins after the Customer has 41m 4y been notified of the low battery condition
and repeated false panic Alarms.The normal obarge for false activations as described above will be$25 US per occurrence.
I bet m ad bre dio i i atama its agtnt to verify or attempt to verify activation signals(i.e door open,trunk opm,buttery tow,dome ligtt)womod them ftu the
prmniacs before diapaa:hing omergen4y services. �'
8SM and/or lu agent shall imur no liability for any(ass,danalge,or pasaW injury sualincd it 4 mutt of any such vorifiaaion or attempted verification.
Aotaptnow I accept tbia ap+etaeat and acimow ledge that Y ba"read and that I understand aD We twm and conditions contained on ttis and the attar pMpk
including Ilro do Pr a id liability.him ax ape d ed. jrthe cm
Otd1*0oa thstO xt,sad farther,that by Aping temsder,this beeames a bra ft contract You an
auttorireed to do provide the services epeeUied. jr the edakmw i4 a corporation,the undersigned bas flier autharity to bind the corporation. in approving this
eoatnct,BSM may perform a credit cbtct an the above purewaer.
Customer's Signature Sales Agent Signature Date of Acceptance
print Customer name
Prim Customer Address
3/12109 Response Center Monitoring Service Agreement W DooM 2
APR-07-2009 TUE 05;40 PM 4098422835 FAX N0. 4098422835 P. 04
Schedule "A"
I. THE CUSTOMER UNMpSTANDS THAT'DSM 1S NO'f AN INSURER OP'ME CUSTOMER'S VEMC1E.OR PROPERTY OR THE PERSONAL
SAFETY OF PERSONS iN OR ABOUT'THE vEHICLE OR PROPERTY AND THAT THIS AG1tFT3MENT IS NOT INTENDED TO 1311 AN 1NSURANCE
POLICY OR A SL43STrrtl ,,FOR ANy INSURANCE PQLICY. Insurance if p►1'will be obtained rind maintained by the ChnStanner an its vehicdc,property or
centW+ls thereof acrd any life,disability,hoelts�d AH�,a Pm'*ooveroge f«M"S in or about the vehicle whctber worYing uhf mmtb or aMerwne. The
charges that the Customer pays to BSM w based solely upoo the value of the monitoring rdrvico providod asul are not related to the value of the Customer's
velriole property or any twopert. of others that racy be in or hthout the vel ide. the t�tponae
teenage,injury or deter in the ovant of mm loss,i �r4os to look exclusively to the Custtmter's insurer to troover for
DSM rout Y RIm7+er death and hexcby rd and waives all rights ofreeovety agaiast DSM arising from any services that
P ft may provide of it obligated to provide under this Agreement indwing without limitation any claims that may arise by way of subrogation. The
aOMM Payable by the Csnslomcr are not in any way arditcictn to Werra nt SSM assuming any risk of c 0m gmtial,collateral,moida►tal or other dance to the
installation W use dc,it f anP93t the smd/«its personnel or any other persons lard their pMparty As applicable due to the BSM Stinger BSM Stinger Sys,its
provision ofany monitorin$servioos OF lack tercet eu pry deficiency,dcftxt or inadequacy Oftbe 13,YM StiaVr BW Stinger
System or 00MM provided or to be provided hereunder.or any mom that may&rise due to the nice of BSM or BSM's faam to
hereby acknowledges that the CuatOM does not desire this t to provide for the liability of BSM and Sac Castonrrr Tiro�
fbt lost or damage due directly or inditCWy to arty accurmam of Stmgcr BSM Stinger'+ that BSM rviou trot es liable
dttoct ar~, From the nahero of the BSM Stinger BSM 3 ins there from which the BSM WVra of service is designed W
ditfWt to fix the actual dampges,if any,which S> provided hrxaaader or the services to be pr'rlbrnned,h is impracticahl and eshtraniety
its Obligations herramdor,or the MUM of tho MM Stapl y h f m Ov a�o Pie n Hgon oc of,or a failure on the part of BSM to per&r mi any of
demagc doe to a fsnebac on fro part of BSM of the 8S!� M Softer System Or monitoring 1011VOI)rty operate. if SW should be found liable for loss or
to coy RECURRING SERVICE � $SM Stinger SytM or sa�nexs,to any respect,euoh hmbalAy shaA be Iimited solely wim awed
ass,or sold wHh 'to ffi amousrl efpt@ to fifty Pumn't of one years raacuaing service c horp or the amoral of si.000.00,whidww is
Y rosy to a[}1RECF SAi t3S tttansaetiou,to an atrtotnnt equal to the purotgh;nr price Of ft egnipmesrt with 1011W Io which the chicle is made
and regardless ofthe type of ire"Ution,this liability shall be exclusive. The provisions of this path shall m the wait loss or
irrfsiieetive of sauce or origin,rapulis threats a iadfratly person or property fhnm rte perforfnance or>ftletf once of the otrligationc&rt fp�rth by he
terms Of this Agruff4 t or from the active or passive neglipw of BSM,its alt ma«cmpioyuas. In rho eva g first the Customer desirfr BSM ro assume greater
liability under this Agreement,a ehoioe is hereby given to the Customer of ab*ijog Fester liability against BSM by poft so additiorrd amour to SW in
proportm to Hats=x m of liability 13SM will assume and Refs"cc must be made by wsfaen notice 4diverod m BSM prior rho due execution by 135M of this
Agreement and an WdWoonal rider,shall be 2ttache4 to this Ag'ement NWM fizh the anwana of the hmitatioa of liability of BSM and the additional a baatgc to be
paid by the Cuswmer.Ming which the CMUOrner shut be daerrwd to have woeMW the limitations of HSM's liabilities ere set cut in this Agreemprt.
2. Where atonicoring services are provided,g is rmrhrally urndasgood Asst agreed by and between the!carries berdo that the
102"recnivhd a t the eomract�ed or ownad se seater Only obligation of HSM,upon reacher oPa
designated on the Cnstim&r's mw efffed shalt be w try tp lelgabono the Customer's oR3oa to contact the fast person
gesney tapti6cation list(hrxaiaatlsx reftsned m as the"Responsible PWAM at the arrant telepbeno miniber in BSM We for the
Custoaaar to try to verify that an alarm signal has been rweived by BSM. When a signal i$received in the monitoring Statlon,wM notify the Customer as set out
above and will provide monitoring services on a re'b'el-alsyAwMty four-hour bssis. To avoid and reduce false signals,the CWMW M&wives BSM and ague
dart l3SM may(t)use a'=",restore,abet"ex other deMpumd codes,such that when My signal is nu'eivesd after such BSM aciioa tie bigrW(s)will be
deemed canceled and ate-----aatioo will be taken by the 0014trring station,(4100ify the Responsible Person if BSM Wieves fat any feasson that to aduoi
Y aunts;with reW4 to the vahide. l3SM may 4160011dmm any Pia►'fora:of respprsro if tognired to do so by an
interest csr Ear exoefoive false .wihout pecal�e, BSM shalt incur�liabr7r' far an los Y Vvernnmrd mahoriry of inshutancc
dw NoPriata on P�no01011tia>ra Or look Creme far disregarding signals follow by s�q,not notifying a rr t di of cb:isle
the monitoring service or BSMgs negligence Y or designated repro tstative to respnnst,failure of the BSM Stanger BSM Stang i�
3- The Customer m nthe isulallation of theBSlvl Saarger DSM Stanger System and ra Moues that rte BSM S� BSM Stir y rpqu
modifications mid and' W qit' Customer's pfrrtiwlar vehicle and ger System na im
sole discretiWi 311111 deem to be:necessary. 'fhe CusiomW shall at the Ceihicle M WT*by that such modification and adjusttrhems be m*W as 8SM at its
BSM fix the oper>r{W ofthe BSM Sting"BSM St c$MPIY telf:plwrte S avim and such other aquipmew whew specified by
urger Syade. and the monitoring service.The Cwto qer aclmowkdges That the installation of the BSM Stinger
System will necessitate drilling and other activities in the Customer's vehicle, It is die Customer's responsibility to ensure that such clritling and other activity is
We and ants a iy to 4ny li4 withean damage to the Customer's vehicle Or its Operation. The Cu.Ktuner agrees ro hold harmless BSM,its evMployees,contractors
and err agent:against any liability with respect any said all
BSM sugar �and claims involving without lirrtiIWM the installation,servioing,testing and operation of the
tamger System and all costs relative t MMO, BSM will not be obligalai to eomMenrx provision of monitoring err otter services,as applicable,:coil such
time say all tees and cgmses ft paid by the Customer and the L,oMmer has obtained all saoillary equtpmant and sserviees=0 h as wirele
Tortured to make the f3SM Stinger System and mOftWV&g frmetioaul. telephone linen,
4. The Cult ner and BSM hereby agree that dlxo slmn be a fine en(15)day last period
Systeat prig to tnonitoriog service being Provided by BSM: During the tam of this = an the oampkt on of the installation of the DSM Stipp
on"cast",the Customer understand Ab'neert=4 when the 8SM Stinger Syttasrrs or any pmt tlnareo(is placed
test Period A that ao action will be taken by BSM if aniy signals are received at the respornse charter manuring station during the
S- The CusrOftw atbMW1400 liner to BSM WW Systeaa described in this Agreement or any Schedule has been thortitrghly explained to the Gusmrner and
r warrant find the it's by the Customer alit is accepted by the CwWer as euiGticoi for ks needs and peuposcs at&k time. BSM does not
Pre VWW Pus"0 ft Agreement will SY�MY not be actt>promiseq r dMrW nteruad,that the BSM Stir Systm or nuon;Wrirra or fir.ac m�s
t may by S�'>fare or t►fisatwiso,or that the DSM Stinger System or monitadsag or otter sarvices provided
Wmuant to this AV"w'ont will is all cams provide tine servax for whicb it is installed or intended.Any estrus of omissions in the hUMUS ion of the BSM Stinger
Sy"emt err MMWMW or out aervW0 Provrried FMMM to this Affeeamt shall be bmug%to the MOM of BSM by the Customer in writ6ug wits seven(7)
days alkr eamntencerneat of sservvic L On the esstpiratim of doe said seven(7)411y period the irlaedlatton shat!be deemed W have been accepted ne 02su as&r The. � ges
>s tilt CuBWO W's responsibility to arm,disarm and use the DSM Stlegrx System properl sot � �by
ctesi ghat the BSM Stroller Systa®one"s#Wor response f M 11M rG6pentC tenter monitoring:ranter to
gte,T EREM tics raw be slow,ineffectual or from titre to time,ere such tau BSM Stinger SyStwo is a deterrent:and hoes not traits felt safe
service,Ti3EItEFt?RE MSURANCE iS MONOLY RECOMMMED. The Castemer agrees that tlnc sole sow ee of reimbuesfrrhe it in too event of a bas or
1 tajory err death,for Any reason whasumver shall be the C u tanner's own resources and ineu rc s.
6. The Costumer agrees to sign rcievaau oontrom that BSM daems neorssery*hm Mtiae 06a than BSM and the Customer are involved in the minrail Operations
of the DSM Stinger Sysstfu and the MOWWfng and educe smwrl ixovMcd pursuant to obis Agreaseat.
?. In mr�m*pi1 �,deices or tfie any lmwauit agptsst BSM ipr any meson wht�,aewer to the BSM Stingier System«BSM':duties;and
obli Ag*ement indudan&but rcpt limited to the
Surer Systems,the Cmswoar ar§roes to i»deffiR fy,defead and hold BSM installation,�r Wig'won.operation or noz.operaiiwu of the BSM
�A>oYsas and gents harmless 6om any and all chums,liabilities and lawsuits,
3/12!()9 Response Ce:ttLt?�Memitt>
Service Agrt:eutleat V Dec06
-APR-07-2009 TUE 05;41 PM 4098422835 FAX N0. 4098422835 P. 05
Schedule "A"
iricludirrg without limitation the payment of all damaM,expanse,cats and attorney's fives,whether these claims.liabilities and lawsuits are based an active or
passive nae*nc e'indemnification,contribution Or pct liability Of product liability on the part of BSM wWor its arsnployra and agents.
& If the Customer shall fail to maake arty payments horeunder within 10 days after S41ft 4 due,Nuch any of covenants and oblipitions on the Customer's party
contained herein or abuse the BSM Stinger System or cause xaccessive false alarms,or make any assigwArtt for the beaefit of arcattitors,or becom bankrupt,than
in each epee 311 Mounts payable beroundet until the expiratign of the lament term of the Agraemottt shall immediately become due and payable. All Past due
anhounb shalt bear interest at the rate Of 1.5%per month(18%per year)or the maximum rate permitted by law from the first ooann i ng Event of DoWt and 8SM
MAY l utule.Ono or more of the Ibtlowing remedies. l)rneelvp immediate possession of SSM owned BSM Stinger System,and for such purpose enter tic vehicle
and remove the BSM Stinger System. The Customer hereby waives any fbrthet rights to BSM owned BSM Stinger System or claims resulting front said
rvpossewt►on,including any claim for rowestloa of the vehicle to Its former condition; Z)Proceed at law or in equity to cnforee pearma toe by the Customer of
the provisions of this Agreement,of yo mat damages for the branch of this Agreement; 3)without furdur notice discontinue tine fmmishtng recurring services,
including without limitstiom,BSM being able to remotely disable any ommaunic9lon software and hardware located in the vehicle or the Customer's pmrises or
elsewhere as d main S the moa(tarhng of the BSM Stinger.System and any other service provided pueprant to this Apoona r,,and 5)recover all expanses,
Wuding court costa,catleotion expeuses,atlomey.bailiff and administrarian fuss. All costs of rr"rtaolval of BSM owned portion of the BSM Sanger System and
any otter costs paid or incurred by BSM in enforcing or armmgptn4 to anfarce the terms end conditions of this Agroemnoat arc and"be payable by the
Cusfonw m BSM. if for any team 9SM is unable to rm vq the i33M Stinger System,the obligation to remove the BSM Stinger System may he clan to
the Customer by BSM in writing and tear Custom shall have Aft=(1 S)days to Term"the BSM Stinger System and return it to RW in good condition, if the
BSM S* wr System,or any partt thaeot is not as r>wmcd to BSM within the spocffied ftfieen(15)days or my part thereof, the Customer will have deorat d to
have agreed to permit BSM to"hint such other agent as it drams fit to enter the Cra&tatacr's pacmisea to obtain the BSM Stings System and the Customer Shall
be bk and pay for any additional 0001%related to such BSM action, Fu thmoore if there are Hay other rgrocmmu fn effeat between 8SM and the
Custorer,then BSM,at i15 option,tmsy deem the CWtenrxr's default under any one such agreement to be a dafaarlt under any or all the agrmumts and BSM*,hale
be entitled to exercise any or all of its W10dies as set out barein,upon dutasdt,with realm to any or all of smelt q;umcnU. The above remedies are axnu}ativo
and ftme se of ono does not pteclude dw e>w4ft of amoeba. If monitoring sav**ate provided,and if the nwni to g service is remotely deaativatui baeat,se
of the Customer's past due balance,aM if the Customer desires to have the service reactivated,the tustmw agree to pay TO BSM in advance its prevailing
80aiva0m c1w g, The Customer agrees to pay BSM tse gteaaar of$so.oa trndlor tho colkrction fees for each NSF cheque that is processed by BSM.11ne
Cuumw 88mes to pay the full cat ofcollection charges,legal fes,removal costs,bailiff fees,oft'iee admmistra ion fns and any other agwtses inanred by
BSM as a result of say claim,demand or liability iacrured by BSM,its&Wbycea andlar agents berayse of the Customer failing to toast of fulfill any its
obligations amder this Apvowent
p- The C tO pay in addfdrah 10 the one time database ad to tae and annual monitoring service fees lisped bceoin,any telephone IOag distance
for calls made by response carter monitoring station Personnel to the Customer that in 14141.on a per activation basis,result in mare than 14 minutes of long
di"co,charges for mcphm support from the 9SM Technical Support office,if the customer is not covcrad by a valid BSM Mak eoanco Ap=Reot,any
rexluimd license or permit ties,all applicable taxes whelthcr Pasant,r etroactiva or future as applicable,technical expeewes tees,labor charges and any perralties,
fins,feos,or charges dispatch or response to Hlaum signftis irrpspoWvc of the muse.
10. The Customer seal'be solely responsible on a continuous on Doing basis to kvAn and/or arrange for,at its own cost and expense,whatever permission,permiu or
K00115013 that May be W=WW from the rrquitrd authorities(including utility companies)for emery tcaporme,installation,monitoring andlar repair Ofibe
Stinger System.
11. 9SM shall have the right to subcontract any of the setvicns which it may be obligated to perform oauter this Agtocment or otherwise. This Agrvancm and its
those ba w to are not assi8mbie by the Custom raxogt with the prior written consent of BSM The Custom ac nowledgm that this Agreenerant,and pafticalarly
parrugraphs relating w GSM's maximum liability,and third party indearrreifiawu n,enure to the benefit of and urn applicable to any assignees or
suboomractors of BSM and/or the monitoring facility,
12, The BSM Stinger System installed heaunder,including all devices,instruments,cables,conduits,foils,wires,and all other associated equipment with the
=cOen of the equiPment sPedfred as'supplied and installed on mat outright basis"in the this Asrcernett or any Schedule shall be and shall remain die solo
PrOPerty Of BSM. On Hit I)SM Stinger Sysiean$Mmilicd as st"lied and installed an out tight basis,ownership by 13SM is limited to the&Awwc and
Communications hardware. In all c"asee the BSM Stinger System shall be in the Customer's vehicle And premises as ftPplicabk at tuc Customer's sula risk and
resRotnsbr7ity Yuan the moment each Piece of equipment is delivered to or installed in tbevethide or Customer's prcmfses. his agreed that the installation of the
BSM Stinger System oy any Part thereof shall not constitute the BSM Stinger System as a fixture. Should the Customer be in default m pay any morsies due
hereunder,Or should this Agreement be uxmimatod by(apse Of time Or otherwise,BSM may at its o0an abandon or remove,in whole or in Pant the BSM Stinger
System without any obligation to re*r any portiort of tea vchW0 or tine Customer's promli=upon rmwal of the BSM Stinger System,and any such mnoval of
abaa(Ioronoot shaft not be held to constitute a waiver of the rights of 13 SM to collect any duugcs which have accrued or may score hereupder. The Customer
Eby t to BSM a security interest under Personal Property Socurity Act or equivuderst logislation,for the equipment and the BSM Stinger Systems installed
and agrees to sign any and all do=="and financial statements that may be required by BSM to be a cocutGd.The Installation and parts of the DSM Stinger
System hereunder are warranted Punsumu to the following. The BSM StUW System is warranted to be free from detects in workmanship or materinab for a
period of ahety(90)days fim die dale of the complexion of the installation. Repair of the BSM Stinger system and equipment,as applicable.is BSM's solo and
only responsibility under the LIMITED WARRANTY PMviskms Of ft Agrremexrt and any Sche"oL BSM warrants that the Soft=Product and BSM
Hardware Product will perform 6+ee of material reproducible 40lom or o rare for a period of are year from the dare ofshoneunt of the Software Prodtg*on
Worlcsmtion ofthe Lioxsusoo and due of shipna u of Mm Hardware Product or such!orison P&W as 4*oWxd by the orfg nd equipment n►amufact uer of third
t�h corbponunt OfBSM Hardware Produce,as the am may be,in Accordance with BSM instructions, If applicable,army m mi ntettaaance Iomces at products
o•
sole support services repelled shall be rtrarmried for a period of 30 days from the date of provision of service a produa BSM 4W rapJaoe err repair oduc s at its
pay all a iota such defective 13SM 5ti�pf 9ystan or part fbarsof that BSM duxarrgnes is defective rgron receipt of same front rho Customer. The Cuustomar absli
thence£ 9MA Insurance� incurred b����to the repair or replacement of nay defectivo&W Stinger System or parr
Warranty does not include batteries in any devieta. This Warranty is void in ease of abuse,mbuse,abnormal use,repair by urmil orized persium,or
far any other reason AS determined by BSM other oft poor wa kmanship or dud'octivo material. Service pr uw*to this Warranty will be furnished only during
BSM normal business hours of9:00 AM.to 4:00 P.M tJ'.SI),Monday k Friday,gxceptisg holidays, Service rnrnda ed outside 85M Hamel beraiireag flours wr71
be dmrgad to the Staniar on the basis Qf BSM's standard rugs for after hour Seuvim and to Customer hereby agrees to pay BSM amen additional rAfGa for both
labor and materials. THE AFORESAID WARRANTIES ARE F-X I3SSLY MADE IN LIE OF AN`Y OTHBtt WARRANTIES.EXPRESS OR IMpLmD. Cr
BEING UNDERSTOOD THAT ALL SUCH OTHER WARRA nES,$XPRFB4 OR IMPLIED,INCLUDING THE WAR.R.ANTIPS OF
hMCHANTABU TTY 09 FITNESS FOR A PARTICULAR PURPMV ARE HEREBY EXPR con Y E,XCLIi!?EU. THE EXCLUSIVE REMEDY OF Tl#1r
CUSTOMER HEREUNDER MALL BB REPAIR OR 1LEpI.gCBMENT AS S?ATED ASOYB. UNDER NO CIRCUMSTANCES SHALL BSM BE LIABLE
TO THE CUSTOMER OR ANY OTHER POL"IFR.O INCIDENTAL.OR CONSEQUENTIAL riAtyAG65 OF ANY NATURE INCLUDING,WT1740UT
LIMITATION,DAMAGES FOR ihERSONAL INJURY;DEATH OR DAMAGi3S 1r'J PROPERTY,I40WIR V89 OCCASIONED,WHE171ER ALLEGED TO
RESULT FROM BREACH OF WARRANTY BY BSM,THE N8GLKlENCE OF BSM OR ANY OTHER CAUSE WI4A't'S0EVER. THE CON"y'S
3112/09 ItOSponse Center Monitoring Savim Agreement V Dec06 4
APP-07-2009 TUE 05:42 PM 4098422835 FAX N0, 4098422835 P. 06
Schedule "A"
13. LIABILITY WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE BSM STINGER SYSTEM. ALL IMPLIPA)WARRANTY~^ARE LIMITED
IN DURATION TO TK NINETY AAy 7%RMS OF T141S PXPRESS WARRANTY AND BSM ANp ITS EMPtAYEF,S AND/OR AGENTS HAVE GIVEN
T146 CUS7 OMER NU OTZ{6tt WARRAN t"Y,1'lfE CUS'I'OLiE"P MAY HAVE,CERTAIN RiGHTS AND REMEUIFS DEPENDENT ON THE SPILCIFIC
LAWS OF ITS PROVINCE OR STATE.ANY ACTION AGAINST BSM,ITS B014YEES OR AGENTS MUS BE L70IvAdl=NGEU BY THE CIJSTOMTR
taR ANY T1IIRD PARTY,WITHIN ONE(1)YEAR AFTER THE CAUSE OF ACTION AROSE,FAILING WN1CH ANY SUCH CUSTOMER CLAIM
SHAf.L LAPSE AND BE NULL ANT)VOID,AND BSM AWAY PL
CUSTOMER OR ANY OTHER nfl)W PARTY. 1+AD SUtrli TIIv>E LiMTTATION IN DEFENCE OF ANY ACTION BROUGHT BY THE
14. This Agaecment may be terminated at any time by BSM if for,any SCUM its rights and ytivgcges mcm$ ry to install and meim4m the signal rcoeivinng egaipmaa
in the monitoring facility are terminated; the monitoring faoilfty or other authorities having jurisdiction direct that such SSM Stinger System.conuntutieati;on
tithes or sigr:al receiving equiptttant be remerved or replaced; or ttte connection is denied o BSM ce the by by any other poly,SSM Shall hevc rise tight to
wovese the recurring service ehargt provided herein at any low r�thirty(.30)�prkg written notice to the Customer.
15. Tho Customer agrtes, a)o furnish to BSM in writing and off a carltinuing basis a list of the kcsponsible Person or Person if more than one,including their
telephone numbers as the person or petsotts to be notified RW MOCIPt of a signal;b)that the BSLI Stf 4W System is designed to fiatction based upon the Layout
in the vehiclt at ltle time of installation and any altwAtlotts,or nth similar d may acct the operation of Han BSM Stimmt;9er SyStera;e)not to tamper
with,
of
damage or mist"the aw WW 13SM ovreQ System and b indemnify BSM for tha cost of repair or mplaaxmmt ae a Mull of any such 4aatage to,or the loss of,or misuse
CtmMtnet,ar ot'ofhas,to the B the BSM Sys:d)to fir,scMcc attdfor to Mile the operation of arty odta properly,BSM Stinger.System,or device of the
BSM at the Cuslo ntr's otcpeaae;f)to set t �Y attached or mnae elexl;e)to�ovide onc�a,3' �!mom tl�vt�nick as required by
station at%W enoe per week ad to notify 8SM htu Wely %TWng�of� during suchglean Stifter Cu t> �that ft$vgnit vit,monitoring
and the area of coverage of space Projection devices may,chgM and that Q is tenable to den t such dtmges tentage Strbscrt'be notifies BSM and
apptopriade tests are t.onducted by the Cuattxnor to ittstua that adequate BSM Stingex System signal mpaWlity is maintained'g)to turn offor neutralise no thiW
which mW'wAf&e with the elbetivemoss of the BSM Stith System's dcla tioan mopments;h)to retiairt from CareSin false
BS'M pronFty�di"Nay of a treed for service to the BSM g s " std w
cxpenae W ensrtro rhea the Ct+swatxx's ansunuttac cmrriar is Stinger System;and j)dw all 104wf meats arc provided and maintained at the Customer's
16. All parts required tix s W and the Crrslorner's fttsurahce policy is not voided or cancelled.
Customer where a ice or a and ad w*ncft to the BSM Stinger System afar the WzmkRty period Snap be provided by BSM without charge to the
pans mplaarm ut plan has been subseribied for by the Cadomer, All labor charges am meta, 'Pte Customer agr CeS to atereiae
care in using,handling and maintaining the BSM Stinger system. In the event BSM's representative is scant i4 the Customer's premises ie response m a stavjce
call and it is dctcanaiahed that the Cry or its employees or agents have b with the SSM Stinger System,itgproporly followed operating instmctinat
caused false signals,ihiltd to supply electrical power,tailed to provide proper telephone signals,impropcd used the BSM
protect the BSM Stinea System,the Customer erg m to Pay to BSM ,or foiled to property
17. IiSM aattyp�a5 no liability ar intern MY and all its Fated with the such service;call at BSM's then prevailing rate.
tY uRpiioa of monitoring,repair andlor any otlutr recurring service dare to strike,riot,goods,lightning.carthgwdros,power failang,
n bare or msevailaNity of aelopltone Serv'*k tit.for ate+odw ft0on whatsoever eW$SM will not be mbtluir od to supply services to the Customer while srsdt
pboa may w0 ReAh mwA ofthc lid Stingtar Syatam necessitated by airy such e v art will be m die Cum's
IS' I n the epept the CC'S ems.
trfephwne service is diaxuurnectod, OF�vd at
IN response cutter m station and BSM will
Lam. The Cttstom�er monitoring be nmaw>ge of the
furflner actrmwladgav that radio tram ,
fregtwtK:y smissian maybe
arm �P�d, ,itttturu a v
i e pled by variety of conditions ipc ea
mspottsibility�c� events tmctudi •�R of��equipment lure and other conditions and Quarts beyond BSM's control and BSM sh>,i{bear no
or ccnnsequ0mal t° twit oforder or not working,aignaka firoos the BSM Sting r System will eat be any dined,indirect,incidental
19. Neither this resetting tlncro from.
erg emcnt nor BSMvf s monitoring service arc traosfemble without BSM's written consent to sarna.Shauld rte Castanet assign or attempt hh w anso t
or assigp its tights Oder this agreement or BSM's
n�omaant,without firing yorvice then 8SM tray at its sole option snSpdtd monitoring service without m6ce or terminate this
' pre�odiee o its rights l4 collect all amounts owing hereunder and in addition to any other remedy it may stave. HSM shall have the right o
aereemert at any tune without consent of the Caatotner.In Such avant,the Custottuer shall deal:with,look for the pat nrance of this agreement and
have any remedies fbr breach ofthis agreement against the assignee only and Company SLa11,upon such assignment,be released from any obligation to the
Castomcr hereunder.
20, if BSM's alarm response craner monitoring stsdon is destmyef or damaged or ceases operation for
(including failure to follow the Compattys teeommendalicats for use and temtin 'muse or il;due to the Customers ac#s ru omissions,
impracticable in BSM s sole opinion to madam service then the &IVais°r uplaconvot of the B$M Stingor System or any pan t it is
as a ratan of terms �panY�`tar►acl monitoring service witlxU nodcc and it shall not be liable far cony dartnsges
terminating servitca t for a r0lbnd of any fees paid for any period altar dw date of c000 that The Cuatogr er specs to continue the
mcaritoring=arsine and tp pay 1br same K�gM's puev&Am$ratan for a Peremd iadicaNd on the item and h> from yrar to Yew until coottliod by the
Cetstoana;n wtitisg Ice the evvat the pttceB p ypr to fie and of the owmact WA the Customer agrees to pay,in addition to any dwxwx for setviow
rcadered prior to ottncelledoa,the halana owing an the agreement,ae liquidated and tut m peaatify. The Cjmmor shall pay far sty false alarm
�,mom:,firs or charges that era by cry gpveranhont anthorgy,and arty ma d n is
required for trumnission of signals.This thgfncr mt e�ntes on cntiro agreiquyht btmveett the ogre to tin Company for Wlephont�� fact
by both paMes.The parties agree that dtete are no other eatditaaos parties and no chanhges oaa be made,unless in ate sgped
t or m Ifie pods or services provided by Company t�made or warranties given in connection with the mdit of this
AUTHORIZES SWIG'NING OFNM tom' THE t 'ANY AND IIY PARTLCULAR NO ENTATIV pgLNCIONStn,TAN1 HAS ANY
OR TO MAKE AN ASPRESENTATION.CONDITION [7R WARRANTY NC1�T PROVW }IE3REBH�T1 �p CONDITIONS
IikREW PRIWIBD SfIA►(,I,PdiEVAII OVER ANY OR
OR ADDITIONAL TERM&OR CONDITIONS IN ANY PURpWE ORDER OR
O'Pt1ER LETTER OR DOCIJMEN3'OR SC1tBDULE SIJI~fMl1"i'ELt BY TI;P CUS7'OMgt}IE'RLINI'I'EL Persorhal
aiagubsr,panel,maacanllne,lheminaue and tranrtar as doe etnntnaet rm+4s�each l shall be deemed to itreletide the
aeveraily.if nay prgvisian ot'Ihia °�'�wFKm applied��plural,shall apply so gRrdr pardtx jointly�
deerrred ehtnxment or any erchedulo is by spy court of coanpetant jurisdhation urvalW a
severed hexe finhro and alt other pW� shall retnaip in fall force sad yffect.The agreetrreut shall be governed by�theanf la�of�,tlte Pnoce of t�rtt�
�Partin setbentit and attain bo�,ptri�licdio�lhe courts of that province.
x
Custome Isr�rttnats
7/12(09 ROIPOAse Center M01iWring Service Agm mmt V DecO6 S
APR-07-2009 TUE 05:42 PM 4098422835 FAX N0. 4098422835 P. 07
Schedule "B"
EVENT CONTACT LIST
1. Name
Person to aslc fbr Police]J h,t?nit Office,lnvesti' r/rxte4w swwiL mmyff
Phone# Alternate Phone#.
2.Name
POTM to ask for.:Police Dis atop,Unit Office,bve4 /Detective,Soe Man
Phone# Alternate Phone#.
3.Name
Perscttt to ask for Police Dispatch.Unit Office,Invoinigato r/Detectiva secwity mamw
Phone# Alternate Phone,#.
A.Name
Person to usl:fur [>rdic lh'sFa#ch,Unit(?fficc,Invest tor/Dctcctive Sccurity Manager
Phone# Alternate Phone A
EMAIL TO RECEIVE EVENT REPORTS
Email Address:
3/12/09 Response Centex Mopitoring Service Agreement V Dec06 6
APR-07-2009 TUE 05:43 PM 4098422835 FAX N0, 4098422835 P. 08
Schedule"B"
Sections 1 through 4 below must be completed for each 89M Stinger unit and vehiele.This information will form an
integral part of the Agreement.If additional copies are made these copied will form an integral part of this agreement.
COMMUNICATIONS SETTINGS AND BOX ID INFORMATION(1)
GP17S Provider(N applicable)
i.e.Qn ulaf,Rogers)
CDMA Provider(il applicable)
i,e, Verizon,Alltel,Talus,Bel
13OX ID Number
BOX StaltiC IP (if applicable)
VEMCEE INFORMATION(2)
Year Make
i.e.Ford GadiUac)
Model Color
i.e. S'T'S
License Plate State/Province
VEHICLE UNIT-SETTINGS (3)
Inputs Enabled(check for yes) Outputs Enabled (check for yes)
L7 Door Sense/Dome light/The#):Alarm ❑ Disable ignition
❑ LAnition Sense ❑ Lock and Unlock Door
❑ Tinny Sense ❑ Horn Monk
❑ Battery l Low Sense
❑ Battery 2 LOW Sense
❑ User Defined 1 or Panic Alarm ..... ❑ User Dofincd 1 (if so,what function)
❑ User Defined 2(Motion,other)) ❑ User Defined 3 (if so,what!unction)
Notification addresses for teat Messaging capable pagers/cell phones(4)
(G.g.612SSSSSS@nextel.�get) .
Address 1: Address 3--
Address 2:
Office use onI
Date tested with Res once Center: Dis cher Id:
Date Ile nse Canter service began, ei td:
3/1W09 Respanse Center Mottitaring Service Ap umem'V DwQ6 7