Service Solicited - 2017 - M2 Automation - M2 Automation / Alarm MonitoringFor service call
AutomationIdaho's Specialty Electrical Contractor 208-853-3411
CAMERAS I CARD ACCESS I FIRE ALARM I MONITORING SECURITY
M2 Automation & Control Services, Inc. via lease or other telephone equipment and/or radio frequency transmission for
subscriber at designated premises for the duration of this agreement, subject to the following terms & Conditions:
1. This ALARM MONITORING AGREEMENT ("Agreement") is made, executed, and agreed to this date 11/15/17
by and between M2 Automation & Control Services, Inc., ("Company") and the Subscriber described below, ("Subscriber")
who represents himself/itself as the duly authorized agent of Subscriber with the authority to enter into binding Agreement on
behalf of the Subscriber, at the address shown below ("Premises").
Subscriber: City of Eagle Phone: 208-949-4390
Premises: 660 E. Civic Lane Account Number: 7512-1232
Eagle ID, 83616 Monitoring Charge: $35.00 per month
2. Monitoring Service Provided: Company, upon receipt of a signal from Subscriber's premises, shall make every reasonable
effort to notify police, fire or authorities and/or person or persons whose names and telephone numbers are set forth in the
notification instructions to be completed by Subscriber and submitted to Company, or as same may be changed on written
notification by Subscriber from time to time, unless there is a reasonable cause to assume that an emergency condition does not
exist. Company, may attempt to verify the nature of the emergency by telephoning Subscriber's premise prior to notifying
emergency personnel or anyone on Subscriber's notification instructions.
3. Terms of Agreement: This term of this Agreement shall be an initial period of one (1) year. This agreement shall thereafter
continue for successive periods of one year unless either party gives the other, at least thirty days prior to the end of the period,
written notice of change in the terms of the Agreement of notice of intention to terminate this Agreement. Monitoring charges
will be reviewed annually and adjustments made to reflect changes in operating cost, if any.
4. Receipt of Copy: Subscriber acknowledges receipt of a copy of this Agreement. Subscribe has read and understands all of this
Agreement. Particularly paragraph 5, 12, and 13 which set forth Company maximum liability in the event of any loss or damage
to the Subscriber of any other entity. Subscriber acknowledges he/she has discussed the limitation of liability set forth in
paragraph 13 with Company's agent, and understands that Subscriber may obtain a higher limitation of liability by paying an
additional periodic charge. The terms and conditions set forth on the reverse side are incorporated herein.
5. Disclaimer of Warranties: Company does not represent or warrant: That the monitoring will prevent any loss by burglary, fire,
hold-up or otherwise. Or that the monitoring services will in all cases provide the protection for which it is intended. Subscriber
acknowledges and agrees: That Company has made no representations or warranties, express or implied. As to any matter
whatsoever. Including without limitation the condition of monitoring equipment. Its merchantability or its fitness for any
particular purpose: nor has Subscriber relied on any representations or warranties, express or implied. Subscriber further
acknowledges and agrees: that any affirmation of fact or promise shall not be deemed to create an express warranty, and that
there are no warranties, which extend beyond the face of the Agreement hereof. If medical alert monitoring Services is
provided, Subscriber acknowledges that the Subscriber should obtain any life, medical or disability insurance for the protection
of Subscriber and others who may use the system. Subscriber understands that there are alternatives available to Subscriber such
as 911 emergency telephone Service and Subscriber has selected this Services with a full understanding of its limitations and
the response, and has no control over the response time or capability of any agency or person who may be notified as a result of
the system being used. Subscriber further understands that Company, in providing the monitoring service may fail to properly
respond to the receipt of the signal from the system, or that the system may fail to function properly. Subscriber further
acknowledges and agrees: That Company is not an insurer: that Subscriber assumes all risk of personal injury and loss or
damages to Subscriber's premises or the contents thereof.
6. Company's Obligation: Subscriber and Company agree that Company's sole and only obligation, under this agreement. Shall
be to monitor signals received from the alarm system and to respond thereto as set forth in Section 1. Company shall not be
obligated to provide monitoring Services until it has received: (I) a fully executed copy of this agreement. (II) The complete
notification instructions. (III) Valid test signals from the Subscriber's alarm system, And (IV) payment of monitoring charges
invoice terms.
5045 N Marsh Ave. Boise, ID 83714 (o) 208-853-3411 (0 208-853-1141 www.m2automation com
s M2 Automation & Control Services, Inc 2012
7. Subscriber's Duties: Subscriber shall carefully and properly test and set the alarm system immediately prior to the securing of
the premises and carefully test the system's signal no less than monthly during the term of the agreement, and notify Company
promptly if Services is required. Subscriber agrees to furnish Company forthwith a written list of names, addresses, telephone
numbers and signatures of all persons authorized to enter the premises or be notified in the event of an alarm, and for
commercial systems a daily and holiday opening and closing schedule. All changes, revisions and modifications to the above
shall be supplies to Company in writing. Subscriber shall secure and maintain all licenses or permits that may be necessary
from governmental or insurance authorities for the continued monitoring and use of alarm systems. Subscriber shall make
payment of monitoring charges invoiced, within invoice terms. Under this agreement.
8. Terms of Agreement; Disconnection: This agreement shall continue for as long as Subscriber contracts with Company for
performance of monitoring Service for Subscriber. In the event that Subscriber notifies Company of its termination of Services
for the Subscriber for any reason, or in the event the Subscriber fails or refuses to make payments for Services furnished or to
be furnished to Subscriber by Company, this Agreement and all of Company's responsibilities here under shall come to an end.
Subscriber will be responsible for the balance of funds remaining under this agreement. Upon termination of this agreement for
any reason. Subscriber agrees to permit Company to disconnect monitoring and further permit Company to enter upon
Subscriber's premises and disconnect Subscriber's system from Company's monitoring network.
9. Delinquent payment: In the event that Subscriber becomes delinquent and payment is not made on amounts owing under the
terms of this agreement, and the balance is placed with a licensed collection agency, Subscriber agrees to pay the fees of the
collection agency, which amount is theretofore agreed to be 50% of the outstanding balance at the time the account is placed for
collections. The 500/'o collection agency fee will be calculated and added at the time the account is placed into collections. In
the event of chapter 11 bankruptcy Company reserves the right to collect its equipment from premises and seek the balance due
form auctioned estate.
10. Interruption of Services: Company assumes no liability for interruption of monitoring Services due to strikes, riots, floods,
storms, earthquakes, fires, power failures, insurrection, interruption, or unavailability of telephone or radio signals transmission
service, or acts of God, or for any other cause beyond the control of Company and Company will not be required to supply
monitoring Services to Subscriber while any such cause may continue. This Agreement may be suspended at Company's option
should the alarm system. Subscriber's premise, or Company's monitoring facilities become so substantially damaged that
further Services is impractical.
11. Suspension of Cancellation of this Agreement: This Agreement may be suspended or cancelled, without notice at the option
of Company if Company or Subscriber's premise or equipment are destroyed by fire or other catastrophe, or so substantially
damaged that it is impractical to continue services, or in the event Company is unable to render Services as a result of any action
by any governmental authority or utility.
12. Transmission Lines: Subscriber acknowledges that the signals from Subscriber's alarm system are transmitted over
Subscriber's regular telephone Services to Company central station, and in the event Subscriber's telephone Services is out of
order, disconnected, placed on vacation, or otherwise interrupted, signals from Subscriber's alarm system will not be received in
Company's central station during such interruption in telephone Services and the interruption may not be known to Company.
Subscriber further acknowledges and agrees that telephone company lines are wholly beyond the control and jurisdiction of
Company and are maintained and serviced solely by the applicable telephone company. If radio signal transmission is utilized,
Subscriber acknowledges that radio signal transmission is subject to environmental factors, both natural and manmade that are
wholly beyond the control of Company. The Federal Communications Commissions (FCC) controls uses of radio frequencies
and changes in rules, regulations and policies may necessitate discontinuing or changing such transmission facilities.
13. M2 Automation & Control Services, Inc. is not an insurer; Limitation of Liability: Subscriber agrees that in consideration
of the operation of the monitoring facility by Company: That Company is not an insurer; that insurance, if any, shall be obtained
by Subscriber; that Company makes no guarantee or warranty, including any implied warranty of merchantability or fitness for
a particular purpose that the Service and equipment supplied will avert or prevent occurrences or the consequences there ----
from which the Services and equipment is designed to detect or avert. Subscriber acknowledges that it is impractical and
extremely difficult to fix the actual damages, if any, which may proximity result from Company's negligence, a failure of
Company to perform any of the obligations herein, including but not limited to, failure of the monitoring Services and/or
monitoring equipment to properly operate with a resulting loss to Subscriber because of, among other things: (a) The uncertain
amount of value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed,
damaged otherwise affected by occurrences which the system or Services is designed to detect or avert: (b) The uncertainty of
response time of the police department, fire department, paramedic unit, or others, should the police department, fire
department, paramedic unit, or others, be dispatched as a result of a signal being received: (c) The inability to ascertain what
portion, if any, of any loss would be proximity caused Company failure to perform or buy its equipment to operate: (d) The
uncertain nature of occurrences which might cause injury or death to Subscriber or any other person which the system is
designed to detect or avert: (e) The nature of the Services to be performed by Company. Company understands and agrees that
if Company should be found liable for loss or damage due to Company negligence, a failure of Company to perform any of the
obligations herein, or a failure of the monitoring Services or the monitoring equipment in any respect whatsoever, Company
shall be limited to the sum of Three Hundred Dollars ($300.00) and this liability shall be exclusive; that the provisions of this
5045 N Marsh Ave Boise, ID 83714 (o) 208-853-3411 (0 208-853-1141 www.m2automation com
i M2 Automation & Control Services, Inc 2012
Section shall apply if loss or damage, irrespective of cause or origin results directly or indirectly to persons or property, from
performance or non-performance of the obligation imposed by this Agreement, or from the negligence, or Company, its agent
assigns or employees. If Subscriber wishes, Subscriber may obtain from Company a higher limitation of liability by paying an
additional periodic Services charge to Company if Subscriber elects to exercise this option, a rider shall be attached to this
Agreement setting forth the terms, conditions and the amount of the higher limited liability and the additional periodic charge.
Such rider and additional obligation shall in no way be interpreted to hold Company as an insurer.
14. Third Party Indemnification: When Subscriber in the ordinary course has other persons on his premises of the property of
others in his custody, or the alarm system extends to protect the property of others, Subscriber agrees to and shall indemnify,
defend and hold harmless Company, its employees and agents, for and against all claims brought by parties other than the
parties of this Agreement. This provision shall apply to all claims, demands, or lawsuits, regardless of cause including Company
performance or failure to perform any negligence, express or implied warranty, contribution, indemnification, or strict or
product liability on the part of Company, it employees or agents.
15. Subrogation: So far as it is permitted by Subscriber's property insurance coverage, Subscriber hereby releases, discharges and
agrees to hold Company harmless from any and all claims, liabilities, damages, losses or expenses, arising from or caused by
any hazard covered by insurance in or on the Subscriber's premise whether said claims are made by Subscriber, his agents, or
insurance company or other parties claiming under or through Subscriber. Subscriber agrees to indemnify Company against,
defend and hold Company harmless from any action for subornation which may be brought against Company by any insurer or
insurance company or its agents or assigns including the payment of all damages, expenses, costs and attorney's fees.
Subscriber shall notify his insurance carrier of the terms of this provision.
16. Limitation on Action, Waiver of Jury Trial: Both parties hereby agree that no suit or action that relates in any way to this
Agreement (whether based upon contract, negligence or otherwise) shall be brought against the other more than one (1) year
after the accrual of the cause of action therefore. In addition, both parties hereby waive any rights a jury trial in any judicial
action brought by either party, which relates in any way to this Agreement (whether based upon this contract, negligence or
otherwise).
17. False Alarms: Permit Fees: In the event an excessive number of false alarms are caused by Subscriber's carelessness,
malicious action, accidental use of the alarm system, or equipment malfunction, or in the event Subscriber in any manner
misuses or abuses the system, Company may in its sole discretion deem same to be a material breach of this Agreement and at
its option in addition to all other legal remedies available to Company, be excused from further performance upon the giving of
five (5) days written notice to Subscriber, Subscriber agrees to pay any false alarm assessments, taxes, fees, or charges relating
to the monitoring services provided pursuant to this Agreement.
18. Entire Agreement: The parties intend this writing as a final expression of their agreement and as a complete and exclusive
statement of the terms thereof. Company duty and obligation to provide monitoring service to Subscriber arise solely from this
Agreement. This Agreement supersedes all prior representations, understanding or agreements of the parties and that parties rely
only upon the contents of this Agreement in executing it. Writing signed by the parties or their duly authorized agent can only
modify this Agreement. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of
any succeeding breach. The parties agree that Company obligations under this Agreement are to be performed in and shall be
governed by the laws of the State of Idaho.
19. Invalid Provisions: In the event any provisions of this agreement is declared to be invalid or inoperative, all the remaining
terms and provisions shall remain in full force and effect.
20. Assignment: This Agreement shall be fully assignable by Company only. Company shall provide Subscriber within fifteen
(15) days advance notification of any such assignment to another alarm center. Subscriber agrees that the provisions of this
Agreement shall bind the subscriber to any such assignee of Company.
21. Venue: Venue in the case of any dispute under this agreement shall be in Ada County, Idaho.
22. Attorney's Fees and Costs: In the case of any dispute here under which results in litigation or arbitration, the prevailing party,
shall be entitled to a reasonable attorney's fees and costs of suit.
Signature: tr Z__=>
Eric Ziegenfuss (Nov 15, 2017)
Email: eziegenfuss@cityofeagle.org
5045 N. Marsh Ave. Boise, ID 83714 (o) 208-853-3411 (0 208-853-1141 www.m2automation.com
0 M2 Automation & Control Services, Inc. 2012
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Monitoring Agreement
Adobe Sign Document History 11/15/2017
Created: 11/15/2017
By: Neal Timmerman (documents@m2automation.com)
Status: Signed
Transaction ID: CBJCHBCAABAAexBiOnYdcSVJcvijZAlmisuZ6Pcavhv i
"Monitoring Agreement" History
Document created by Neal Timmerman (documents@m2automation.com)
11/15/2017 - 11:13:27 AM MST- IP address: 168.103.47.29
Document emailed to Eric Ziegenfuss (eziegenfuss@cityofeagle.org) for signature
11/15/2017 - 11:14:31 AM MST
Document viewed by Eric Ziegenfuss (eziegenfuss@cityofeagle.org)
11/15/2017 - 11:50:33 AM MST- IP address: 174.208.12.229
be Document e -signed by Eric Ziegenfuss (eziegenfuss@cityofeagle.org)
Signature Date: 11/15/2017 - 11:51:36 AM MST - Time Source: server- IP address: 174.208.12.229
Signed document emailed to Neal Timmerman (documents@m2automation.com) and Eric Ziegenfuss
(eziegenfuss@cityofeagle.org)
11/15/2017 - 11:51:36 AM MST
N Adobe Sign