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ORDINANCE NO. 826 .(1979 Series)
AN ORDINANCE OF THE..CITY.OF SAN LUIS OBISPO GRANTING
A FRANCHISE.FOR A CONSOLIDATED ALARM FORWARDING
SYSTEM WITHIN THE CITY TO SYLVESTER'S SECURITY
ALARM SYSTEMS FOR A PERIOD OF FOUR (4) YEARS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. A franchise for a consolidated alarm forwarding system
(hereinafter, "CAFS ") within the City hereby is granted to Sylvester's Security
Alarm Systems for a period of four (4) years, commencing on December 6, 1979.
The terms and conditions of said franchise are as contained in Ordinance No. 809
(1979 Series), incorporated herein by this reference, and as set out below.
SECTION 2. In addition to those terms and conditions set out in
Ordinance No. 809 (1979 Series), the following terms and conditions shall
apply to the operations of Sylvester's Security Alarm Systems (hereinafter,
"Grantee ") under the franchise granted hereby:
a. Grantee shall provide to City, at no cost, the following
equipment to be installed at Grantee's expense in City's central dispatch
center in the basement of City's police station:
Varitech V -410, Receiver
Varitech V -502, Printer
Location and method of installation of the equipment shall be subject to the
approval of the City.
b. Grantee shall maintain the above - described equipment at no cost to
City. Should a malfunction of said equipment occur, Grantee agrees to respond to
City's request to repair at any time of the day or night.
c. The CAFS system shall operate and function as described in Grantee's
application for franchise, attached hereto, marked Exhibit "A ", and incorporated
herein by this reference.
d. Grantee's equipment shall, by July 1, 1980, provide a method of linkage
to City's dispatch c%--nter_ which allows the subscribers full insurance credit for
that linkage. 0 826
e. A method of transmitting "tamper" and /or "hold up" signals separate
from the trouble signals must be provided.
f. No alarm system tests shall be received at the dispatch center. A
manual override allowing a one minute delay in the forwarding of alarms shall
be used. The manual override must be located at a location separate from the
dispatch center, but such that it allows adequate testing of the equipment.
g. Grantee may make arrangements with another individual (i.e., the
equipment installing company, property owner, etc".) to reset any activated
alarm. However, the resetting of any alarm connected to the joint police /fire
dispatch center is ultimately the responsibility of Grantee. The system must
be reset as soon as possible. However, under no circumstances shall the time
required for a service person to arrive at the premises exceed one hour.
Should no other company provide repairing and resetting service
to the property, Grantee must so provide, for which Grantee may charge a fee
for the service in accordance with its normal hourly rate. Police and fire
personnel will not attempt to reset any alarm equipment. Failure of any company
to meet its contracted resetting agreement shall be grounds for disconnection
of the equipment and automatic notification of their insurance company.
h. The fee structure for connection to the CAFS shall be as follows:
(1.) Connecting directly to the dispatch cenner through the Grantee:
$42.50 connection fee; $12.00 per month thereafter.
(2) For another alarm company to connect through the Grantee,
a one -time fee of $375.00 (for a sattelite transmitter) and $3.00 per
month per subscriber connecting to the dispatch center. An additional
one -time cost of $10.00 shall be paid to the Grantee for the set -up and
maintenance of a "Reference Card" as described in subsection i, immediately
below.
i. Grantee shall provide at the dispatch center a "Reference Card File"
on each alarm system terminating at the dispatch center. The reference card
shall accord with the following:
(1) Be on a form approved by the Police and Fire Departments.
(2) Be provided and approved prior to the connection of the system
to the joint dispatch center.
(3) Provide brief directions to the annunciator panel.
(4) Provide brief directions as to the silencing procedures at
the alarm site.
(5) Describe briefly the type of detection equipment and its
areas of coverage.
(6) Provide standby person(s) who will be available 24 hours a
day, seven days a week, with authority over the premises.
(7) Provide the address of the property.
(8).Provide the alarm reference number.
(9) Provide the last date all the above information was verified.
(10) Provide the local office of the company providing fire insurance
to the property.
(11) The Grantee shall connect existing and subsequent "unit of
government" alarms not to exceed 25 separate alarms into the system
without transfer or monthly charges to City. This service shall be
the prescribed compensation as required in Section 5 of Ordinance No. 809
(1979 Series)
J'.'. The faithful performance bond required in'Section 13 of Ordinance No. 809
(1979 Series) shall be in the amount of $25,000.00.
SECTION 3. The CAFS system herein franchised shall be used and operated solely
and exclusively for the purposes authorized by ordinance of the City of San Luis
Obispo, and for no other purposes whatsoever.
SECTION 4. This ordinance, together with the ayes and noes, shall be published
once in full, at least three days before its final passage, in the Telegram - Tribune,
Ordinance No. 826 (1979 Series)
a newspaper published and circulated in said City, and the same shall go
into effect at the expiration of thirty .(30).days after its final passage.
INTRODUCED AND PASSED TO PRINT this 6th day of November , 1979,
on motion of Councilman Jorgensen , seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
ATTEST:
CITY RK J.H. FITZPATRICK
APPROVED:
City Ad ni rative Officer
City Attorney
Fire Ch
Polic9a ief
k
SANTA MARIA YLVESTER'S SAN LUIS OBISPO
WA 5 -9457 543 -6300
SSECURITY ALARM SYSTEMS
P.O. BOX 706, SANTA MARIA, CALIF. 93454
• State License No. 299834 • Bonded • Listed by Underwriters Laboratories, Inc.
THIS AGREEMENT is made this day of 19 , by and between SYLVESTER'S SECURITY ALARM
,.SYSTEMS, hereinafter called " Sylvester's" and hereinafter called "Subscriber"
(1) INSTALLATION. Sylvester's agrees to install or cause to be installed and service, without liability and not as an insurer, during the term of this
agreement, the protection, hereinafter sometimes referred to as the "system ", set forth below, on the premises of Subscriber at
(address) (city) (zip) (phone)
( ) Silent Burglar Alarm ( ) Local Bell Burglar Alarm
( ) Silent Hold -up Alarm ( ) Remote Station Local Bell Alarm
( ) Central Station Automatic Fire Alarm ( ) Local Bell Fire Alarm
( ) Central Station Sprinkler Waterflow Alarm ( )
M
NO. PTS. ITEM AND TYPE LOCATION TYPE OF PROTECTION
7'
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LOCK KEYS N0. COMPLOETION INSTALLERS
(2) TERM AND PAYMENT
Subscriber hereby agrees to pay to Sylvester's, its agents or assigns, the sum of
Dollars ($ _ ) herewith, the sum of
Dollars ($ ) upon completion of installation, and the sum of _
Dollars ($ ) monthly, in advance, for a period of five (5) years from the date such installation is completed.
This agreement shall automatically renew itself for an additional five (5) year period at the same monthly payment unless either party shall notify the other, in
writing, of its intention to terminate, not less than thirty (30) days prior to the expiration of the original term. Thereafter, this agreement shall renew itself an-
nually at the same monthly payment unless either party shall notify the other, in writing, of its intention to terminate not less than thirty (30) days prior to the
expiration of each subsequent renewal period.
(3) RECEIPT OF COPY. Subscriber acknowledges receipt of copy of this agreement.
(4) SYLVESTER'S LIABILITY. Sylvester's does not represent or warrant that the alarm system may not be compromised or circumvented; that the system
will prevent any loss by burglary, hold -up, fire or otherwise; or that the system will in all cases provide the protection for which it is installed or intended. Sub-
scriber acknowledges that Sylvester's is not an insurer, that Subscriber assumes all risk for loss or damage to Subscriber's premises or to its contents; that
Sylvesters has made no representation or warranties, nor has Subscriber relied on any representations or warranties, express or implied, except as set forth herein
and Subscriber acknowledges that he has read and understands, particularly paragraphs 15 and 16 of this agreement which sets forth Sylvester's obligation and
maximum liability in the event of any loss or damage to Subscriber.
SYLVESTER'S Security Alarm Systems
AUTHORIZED OFFICER
SUBSCRIBER
TITLE
THIS AGREEMENT SHALL NOT BE BINDING UPON THE TERMS AND CONDITIONS CONTAINED ON THE
SYLVESTER'S UNLESS APPROVED IN WRITING REVERSE SIDE OF THIS AGREEMENT ARE INCORPORATED
BY AN OFFICER OF SYLVESTER'S. q) ����i HEREIN AND BY REFERENCE MADE A PART HEREOF.
SYLVESTER'S Security Alarm Systems
THE PARTIES HEREBY AGREE AS FOLLOWS:
(5) INCREASE IN TAXES, UTILITY CHARGES OR MONTHLY SERVICE. (a) All charges set forth herein are based upon existing Federal, state
and local taxes and utility charges, including, but not limited to telephone company line charges. Sylvester's shall have the right, at any time, to in-
crease the monthly charges provided herein, to reflect any additional taxes, fees or charges which may hereafter be imposed by any utility or governmen-
tal agency relating to the installation or service provided under the terms of this agreement and Subscriber agrees to pay the same.
(b) Notwithstanding the terms and conditions set forth herein, after the expiration of one (1)_year from the date of completion of installation, Sylvester's
may, at any time, increase the monthly service charge upon giving the Subscriber notice in writing. In the event Subscriber shall be unwilling to pay the
increased monthly charge, the Subscriber may terminate this agreement upon giving notice in writing to Sylvester's within (30) days from receipt of Syl-
vester's notice, provided Subscriber shall not be in default of any of the terms and conditions of this agreement. Failure to notify Sylvester's within said
thirty (30) days will constitute Subscriber's consent to the increase and all of the other terms and conditions of this agreement shall remain in full force
and effect.
(6) INSTALLATION OF SYSTEM. Subscriber authorizes Sylvester's to install or cause to be installed the protective system as specified on the
reverse side hereof including connections necessary to transmit the necessary signals from the premises of Subscriber. All signals are transmitted over
telephone company leased lines which are wholly beyond the control and jurisdiction of Sylvester's and which are maintained and serviced by the appli
cable telephone company or utility.
(7) PROTECTION OF EQUIPMENT. The entire system, including all devices, instruments, appliances and all connections, wires, conduits and
other materials associated therewith except telephone company leased lines, is and shall at all times remain the sole property of Sylvesters. The Sub-
scriber does hereby agree to protect the said equipment and to indemnify and pay to Sylvester's the cost of repair or replacement for any loss or damage
to Sylvester's equipment, including but not limited to loss by fire, earthquake, riot, flood or other damage or destruction.
(8) ERRORS IN INSTALLATION OR SERVICE. Errors or omissions in installation or service of said system, including but not limited to failure
to wire points of protection, shall be called to the attention of Sylvester's by Sul--criber in writing within five (5) days of completion of the installation.
dpon the expiration of the said five (5) day period, the installation a6d the �` .ection provided shall be deemed accepter by Subscriber. Subscriber oc-
tnowledges that additional protection may be obtained over and above that provided herein at an additional cost.
(9) SERVICE AND INSPECTIONS.. Subscriber hereby authorizes and empowers Sylvester's, its agents or assigns to service the aforesaid system
and to make any necessary inspections, tests, and repairs as required. In the case of fire alarm protection, Subscriber will notify Sylvester's, in writing,
of any change in its fire rating bureau or agency. Subscriber shall pay for all charges including increase in monthly service charge which may result from
any alteration, remodeling, repair or other change to the Subscriber's premises. Additions to, changes in or rearrangement of the space protection com-
ponents, necessitated by stock, fixture or structural changes, which shall be necessary to retain the original protection provided shall be at Subscriber's
expense. Repairs necessitated by ordinary wear and tear shall be at Sylvester's expense. All other repairs shall be at Subscriber's expense. All installa-
tions, necessary inspections and tests which may be required on the part of Sylvester's shall be performed between the hours of 9:00 a.m. and 5:00 p.m.
on normal business days.
(10) AUTHORIZED PERSONNEL. (a) Subscriber agrees to furnish to Sylvester's forthwith a list of the names, titles, residence addresses, resi-
dence phone numbers of all persons authorized to enter the premises of Subscriber during the regularly scheduled closed periods. (b) In the event Sub-
scriber cannot be reached or does not appear at the above described premises within thirty (30) minutes from the time Sylvester's received information
that the alarm was sounding, in the event Sylvester's shall be called on to turn off any ringing alarm at the address at any time by any public officer
or official, Subscriber hereby consents, agrees and appoints Sylvester's as its agent to turn off said system and further agrees to indemnify Sylvester's
and hold Sylvester's harmless from any damage or liability which may result thereby.
(11) SUBSCRIBER'S RESPONSIBILITY. Subscriber shall carefully and properly set the burglar alarm system upon closing of premises and to
carefully test the system daily during the term of this Agreement. In the event any defect in the operation of the system develops, Subscriber shall no-
tify Sylvester's and Sylvester's will repair such defective condition as soon as possible after the receipt of notice from the Subscriber.
- (12) FALSE ALARMS. In the event Subscriber shall cause an excessive number of false alarms through the carelessness of Subscriber or the
nalicious or accidental use of the alarm system or in the event Subscriber shall in any manner misuse or abuse the alarm system, it shall constitute a
ioterial breach of contract on the part of Subscriber and Sylvester's may, at its option, in addition to all other legal remedies, be excused from further
performance upon the giving of ten (10) days notice to Subscriber. Sylvester's excuse from performance will not affect Sylvester's right to recover dam-
ages from Subscriber. In the event a fine, penalty or fee shall be assessed against Sylvester's by any governmental or municipal agency as a result of
any false alarm originating from Subscriber's premises, Subscriber agrees to forthwith reimburse Sylvester's for payment of the said false alarm fine,
penalty or fee. In the event Sylvester's shall dispatch an agent to respond to a false alarm originating from Subscriber's premises, where Subscriber in-
tentionally or negligently activates the alarm system and no alarm condition exists, then and in that event, Subscriber agrees to pay to Sylvester's the
sum of $10.00 for each such false alarm.
(13) DEFAULT OR TERMINATION. In the event Subscriber defaults in the performance of any of the terms or conditions of this agreement,
including the failure to make any payment as agreed herein, the balance of the monies due for the unexpired term of this agreement shall become
immediately due and payable at the option of Sylvester's. Sylvester's also reserves the right to add monthly delinquency charges of five per cent (5 %)
to any account delinquent over thirty (30) days; and Subscriber hereby agrees to pay any such added charges. Further, in the event of any default by
Subscriber, or upon the expiration of this agreement or any renewal term thereof, Subscriber hereby consents to Sylvesters' entering the aforesaid prem-
ises or any other premises where the property of Sylvester's may be located for the purpose of removing all or part of the equipment belonging to Syl-
vester's. In addition, Subscriber agrees to pay to Sylvester's all sums to which Sylvester's may be entitled under the low by virtue of said default. Re-
moval of the equipment and other items by Sylvester's shall not be considered to constitute a breach by Sylvester's of this agreement or waiver of Syl-
vester's rights to such damages to which it may be entitled under the law; nor shall Sylvester's be liable for any damage caused to the premises by the
installation or removal of its equipment or the abandonment thereof.
(14) SUSPENSION OR CANCELLATION OF THIS AGREEMENT. (a) This agreement may be suspended or cancelled by the Subscriber if
Subscriber ceases to remain in business, and does not sell said business, and does not lease -out said business and does not relocate said business.
(b) In the event Subscriber should sell or lease -out the premises at the above address; this agreement may be cancelled should the new owner or pro-
prietor sign a new service agreement. (c) It is further agreed that if Subscriber should relocate within Sylvester's serviceable area, this agreement
shall remain in effect with amendments applicable to the new location.
(15) SYLVESTER'S OBLIGATION. Sylvester's obligation hereunder relates solely to the servicing of the specified protective signaling system
and Sylvester's is no way obligated to maintain, repair, service, or to assure the operation of the property, system or any device or devices of the Sub-
scriber or of others to which Sylvester's system may be attached or connected nor to repair or redecorate any portion of the. Subscriber's premises upon
removal of all or part of Sylvester's system.
(16) SYLVESTER'S NOT AN INSURER AND LIQUIDATED DAMAGES. It is understood and agreed by and between the parties hereto that
Sylvester's is not an insurer. Insurance, if any, will be obtained by the Subscriber. Charges are based solely upon the value of the service provided for,
and are unrelated to the value of the Subscriber's premises. The amounts payable by the Subscriber are not sufficient to warrant Sylvester's assuming
any risk of consequential or other damages to the Subscriber. The Subscriber does not desire this contract to provide for the liability of Sylvester's
and Subscriber agrees that Sylvester's shall not be liable for loss or damage due directly or indirectly to any occurence or consequences therefrom,
which the service' is designed to detect or avert. From the nature of the services to be performed, it is impractical and extremely difficult to fix the
actual damages, if any, which may proximately result from the failure on part of Sylvester's to perform any of its obligations hereunder, or the fail-
ure of the system to properly operate with the resulting loss to the Subscriber. If Sylvester's should be found liable for loss or damage due to a fail-
ure on the part -of Sylvester's or its system, in any respect, its liability shall be limited to the refund to. Subscriber of an amount equal to the aggre-
gate of three (3) monthly payments, or to the sum of Fifty ($50.00) Dollars, whichever sum shall be less, as liquidated damages and not as a penalty,
and this liability shall be exclusive. The provisions of this paragraph shall apply in the event loss or damage, irrespective of cause or origin, results
directly or indirectly to person or property from the performance or non - performance of the obligations set forth by the terms of this contract, or
from negligence, active or otherwise, of Sylvester's, its agent or employees.
(17) SUBROGATION. Subscriber does hereby for himself and any parties claiming under him, release and discharge Sylvester's from and against
all hazards covered by Subscriber's insurance, it being expressly understood and agreed that no insurance company or insurer will have any right of sub-
rogation against Sylvester's.
(18) DELAY IN INSTALLATION. Sylvester's assumes no liability for delay in installation of the equipment or for interruption of service due to
strikes, riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption of or unavailability of telephone service, acts of God or any
other cause beyond the control of Sylvester's and will not be required to supply service to the Subscriber while interruption of service due to any such
cause shall continue therein.
(19) ATTORNEY'S FEES. In the event it shall become necessary for Sylvester's to•institute legal proceedings to collect the cost of installation
or the monthly service charge as set forth herein, then and in such proceeding the unsuccessful party shall pay to the successful party reasonable at-
torney's fees where permitted by law.
(THIS AGREEMENT CONTINUES ON REVERSE SIDE) KEN vERTRCCR, PRINTERB- LITNOORAPNCRB_- BANTA MARIA
ORDINANCE NO. 826
(1979 Series)
FINALLY PASSED this 20th day'of November ,
1979., on motion of Councilman Jorgensen , seconded by
Councilman Dunin and on the following roll call
vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
ty Clerk J.H. Fitzpatrick