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Simplex/Fire & Security Alarm 96Proposal No. 436 - T - Date Jul; 8, 1996 Customer No. 436- 935implex By and Between and La Uinta C�io meter 1834 Business Center Dr. 78-495 Calle Tampico Simplex San Bernardino, Ca. 92408 La Quinta, CA 92253 Attn: Roger Hidler (909) 381-1695 Phone: 619-777-7000 x7014 Services will be provided at the following location(s): Same address as above Simplex shall perform according to the terms and conditions on the pages that are attached and listed below: Type of Service: Life Safety Service Agreement - 2-50% Semiannual System Test and Inspections - Complete Documentation and Recommendations - Other Services Included in this Agreement (See "Special Provisions" pages for details) Price: All for the total annual sum of: One Thousand, Two Hundred, and Forty -Two Dollars ($1242.00 ) Special Instructions: The Customer agrees to purchase, and Simplex agrees to provide the services identified in this Agreement subject to management approval and continuance of credit approval by Simplex. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Simplex unless made in writing and signed by an officer or authorized manager of Simplex. The terms on the reverse side are part of this Agreement, and are hereby accepted by the undersigned. Simplex Time Recorder Co. By Title Apl By Tit, Customer P.O. Number Service Vat's Always A Step Ahead Terms and Conditions General Provisions All services under this Agreement will be performed during the normal working hours of Simplex's normal working days unless specifically outlined as a special provision to the Agreement. The Customer will promptly notify Simplex of any malfunction in the system(s) which comes to the Customer's attention. It is agreed that, in providing the system or services included in this Agreement, Simplex is not an insurer, and does not guarantee that no damage or injury to persons or property will occur. In the event that the system or any equipment or component thereof is altered, modified, changed, or moved, this Agreement may be immediately terminated at Simplex's option. 'Simplex' refers to Simplex Time Recorder Co., a Massachusetts Corporation with Headquarters in Gardner. Customer Responsibilities Customer agrees: to provide free access to the equipment; to provide necessary equipment to reach inaccessible equipment and peripheral devices; to supply suitable electrical service; and that in the event of an emergency or system failure, reasonable safety precautions will be taken to protect life and property during the period of time from when Simplex is first notified of the emergency or failure and until such time as Simplex notifies the Customer that the system is operational or the emergency has cleared. Simplex Responsibilities Simplex will maintain the System in good working order in accordance with the highest standards of workmanship. This includes, where applicable, the adjustment and replacement of serviceable parts in the control unit and panels. Payments Payment terms are net cash upon receipt of invoice. All payments for ongoing service will be made in advance of the period during which service is performed. Customer agrees to pay all taxes including state or local sales or excise taxes however designated, levied or based on the service charges pursuant to this Agreement. Term of Agreement The term of Agreement will begin on the date indicated for a term of one year and continue from year to year until terminated. Either party may terminate this Agreement by giving written notice thirty (30) days prior to the anniversary date. Warranty OTHER THAN THE OBLIGATION OF SIMPLEX EXPRESSLY SET FORTH HEREIN, SIMPLEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIMPLEX SHALL NOT BE RESPONSIBLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE SYSTEM OR LOSS OF USE OF THE SYSTEM. Force Majeure Simplex shall not be responsible for failure to render service due to causes beyond its control including, but not limited to work stoppages, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences. Other Simplex's responsibility for damage or injury to persons or property that may be caused by or arise through furnishing, installing, maintaining, servicing, monitoring, or performing or failing to do any of these things, or any other obligation under this Agreement will be limited to losses proximately caused by Simplex's negligence. IN NO EVENT WILL SIMPLEX BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, SPECULATIVE, OR REMOTE DAMAGES OF ANY KIND. The Customer's sole remedy in the event of a breach of this Agreement by Simplex, which breach Simplex has failed to remedy after reasonable written notice thereof by Customer, shall be the return of the purchase price for the services. 91simpilemAx Simplex Gardner, Massachusetts 01441-0001 U.S.A. All specifications and other information shown were current as of publication, and are subject to change without notice. Printed in U.S.A. (508) 632-2500 ® 1995 Simplex Time Recorder Co. Adv-1361-3 436-T B.Simplex Special Provisions THIS IS A LIFE SAFETY TESTING AGREEMENT WITH THE FOLLOWING PROVISIONS: 1. TEST AND INSPECTION SERVICES: Under this agreement, Simplex factory trained technicians will perform 2-50% Semiannual inspections and functional/ diagnostic tests of panel functions, auxiliary/ monitoring functions, and all accessible peripheral devices listed and currently on-line with the facility Life Safety system. Tests will be scheduled in advance, and at the convenience of customer's staff. Simplex technicians will need the assistance from customers staff for access to all areas of the facility in order to locate devices and ensure efficient transition between areas. (See "List of Equipment" page for equipment to be tested) Note: If equipment or devices are out of reasonable reach, customer will need to provide safe access (i.e. Scaffolding, mechanical lift, ladders, etc.). If requested in advance, Simplex can provide this equipment for an additional cost. FUNCTIONAL TESTING: In accordance with NFPA 72, all accessible peripheral devices will be functionally tested. Smoke detectors will be functionally tested using a smoke generator, punk stick, or other method acceptable to the manufacturer. "Canned Smoke" will not be used for this task, per manufacturer's recommendations. DETECTOR CLEANING: To help minimize false alarms, accessible smoke detection devices will be cleaned utilizing manufacturers recommended procedures. Devices may be dismantled to expose the smoke chamber (where applicable) and cleaned prior to sensitivity testing using soft cloth, lint brush, or non -electrostatic vacuum. Devices will be cleaned at a rate of: 50% Per Year (Note: Certain types of analog smoke sensors will be cleaned as needed per panel readings.) ® This service has been declined by customer. SENSITIVITY TESTING: To ensure accuracy, sensitivity testing will be performed on smoke detectors per NFPA. Testing will be performed using only UL approved sensitivity testing equipment. Devices performing outside the listed sensitivity range will be re -cleaned and re -tested, and if necessary, noted and recommended for replacement. Devices will be tested at a rate of: 50% Per Year (satisfies bi-annual requirement) (Note: Certain types of analog smoke sensors automatically satisfy this requirement electronically.) ® This service has been declined by customer. 2. DOCUMENTATION: All accessible components and devices will be logged for: • Exact location • Test results/applicable voltage readings • Any discrepancies noted, recommendations for correction, and any corrections made on site Documentation will be provided to the customer. Copies will be kept on file by the Simplex branch office for five years. 3. Certain services may be required by the respective Authorities Having Jurisdiction (ref. NFPA 72). It is recommended that the customer review applicable codes and references to ensure compliance. Customei Simplex: Date: All specifications and other information shown were current as of publication, and are subject to change without notice. Printed in U S.A. © 1995 Simplex Time Recorder Co. Service That's Always A Step Ahead. Adv-1355-1 436 - T 93,Simplex Special Provisions ADDITIONALLY, THIS AGREEMENT PROVIDES FOR THE FOLLOWING: 4. OTHER SERVICES INCLUDED IN THIS AGREEMENT: ® N/A ❑ AUTOMATIC SPRINKLER - ❑ Annual complete test of listed sprinkler system per NFPA ❑ Annual waterflow switch test ❑ Annual manual test only (no water will be flowed) ® N/A ❑ SECURITY SYSTEM - Annual test and inspection of listed security system equipment. ® N/A ❑ CLOSED CIRCUIT TELEVISION - Annual test and inspection of listed CCTV equipment. ® N/A ❑ EMERGENCY LIGHTING - Annual test of listed emergency egress lighting. 5. SERVICES NOT INCLUDED IN THIS AGREEMENT: ADDITIONAL LABOR: This agreement does not provide for any additional labor, including emergency service calls. Any additional labor needed (outside of regularly scheduled tests and inspections) will be invoiced separately at prevailing service rates. REPLACEMENT PARTS OR DEVICES: This agreement does not provide for any replacement parts or devices. Any replacement parts or devices needed to repair system can be provided at customer's request at additional cost. 6. OTHER SPECIFIC INSTRUCTIONS: ® N/A ❑ Quarterly Circuit (Zone) Test for compliance with the Joint Commission for Accredited Hospitals. (Each zone will be tested electronically, or by electronically testing peripheral devices in the field) ® N/A ❑ Semi-AnnualManual Pull Station Test (required by some Authorities Having Jurisdiction) Custome Simplex: Date: All specifications and other information shown were current as of publication, and are subject to change without notice. Printed in U.S.A. © 1995 Simplex Time Recorder Co. Service That's Always A Step Ahead. Adv-1355-1 436-T- i3.Simplex 436-T- Service 07-08-96 That's Always A Stephead List of Equipment QTY. EQUIPMENT SERIAL NO. MANUFACTURER DESCRIPTION/LOCATION COVERAGE CODE 1 2080-9020 NSN SIMPLEX COMMUNICATOR T 1 4100-8001 J03435 SIMPLEX CONTROL PANEL T 1 2601-8005 L03012 SIMPLEX ANNUNCIATOR T 13 2099-9101 NSN SIMPLEX PULL STATION T 56 2098-9201 NSN SIMPLEX SMOKE DETECTOR T 6 2098-9649 NSN SIMPLEX DUCT SMOKE DETECTOR T 1 AUDIBLE NSN SIMPLEX AUDIBLE DEVICE T B.Simplex Simplex Gardner, Massachusetts 01441-0001 U.S.A. All specifications and other information shown were current as of publication, and are subject to change without notice. Printed in U.S.A. (508) 632-2500 0 1995 Simplex Time Recorder Co. Adv-1356-1 436-T- £i.5implex Fire Alarm and Security Systems Testing and Inspection Simplex will test and inspect the Fire Alarm and/or Security System described in the attached list of equipment and/or on the following system drawings: (See list of equipment) Testing and Inspection Testing Intervals: 2-50% Semiannual Each inspection call will be scheduled by Simplex so that all tasks are performed using properly trained technicians and the special tools and instrumentation required to analyze the system to maintain its proper performance. Tasks include: System performance evaluation, adjustment, and calibration of control equipment components. Simplex will perform Pre -scheduled test(s) per year on equipment listed. Simplex will provide the Customer with a report that such tests have been completed. Predictive Maintenance Simplex will analyze equipment covered under this Agreement to detect potential failures. If corrective actions are found neces- sary, repair charges will be submitted for Customer's approval. Service That's Always A Step Ahead. j tf"i 1! Terms And Conditions General Provisions This Agreement assumes the system covered to be in maintainable condition. If repairs are found necessary upon initial inspec- tion, repair charges will be submitted for approval. Should these charges be declined, those non -maintainable items will be eliminated from the program and the Agreement price adjusted accordingly. It is understood that the repair, replacement, and emergency service are not covered by this Agreement. This Agreement includes and incorporates all of the terms and conditions found on the reverse of the coversheet to which this rider is attached. Customer -Assisted Tests And Inspections The Customer will assist the Simplex representative in performing the required tests and inspections. The Customer will be required to oversee the control panel or main frame and inform the Simplex representative of alarm conditions, as well as reset the panel and monitor the remaining tests. If a Customer selects this option and either fails to supply the required assistance or is not qualified to do so, the scheduled testing and inspection may be canceled, or at Simplex's option, the Customer will be billed for the additional time and materials expended. I I S i M P I lemmW Simplex Gardner, Massachusetts 01441-0001 U.S.A. All specifications and other information shown were current as of publication, and are subject to change without notice. Printed in U.S.A. (508) 632-2500 ® 1995 Simplex Time Recorder Co. Adv-1363-1