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Original Agreement

City Council/Public Finance and Economic Development Authority/Parking Authority
April 2, 2024

Document
Original Agreement
Meeting
April 2, 2024
Body
City Council/Public Finance and Economic Development Authority/Parking Authority
Pages
4
Original file
799 KB
Text extracted from the city's file for reading and search. Open the original on cityofmerced.legistar1.com. That file is the official record.

Fresno Area: Merced Area:
90 E. Escalon Ave. #120 2301 Aviation Dr.

Fresno, CA 93710 Atwater, CA 95301
(559) 292-7871 (209) 384-3305
ACO #4638 security tor Home & Business (800) 972-0003
Burglary, Fire, Access, Cameras (209) 722-1107-Fax
Con. Lic. 484100
Who's Watching Your Home or Business? HoffmanElectronics.com SALE AND/OR INSTALLATION AND SERVICES AGREEMENT - Retail Installment Contract THIS AGREEMENT is made this 1st day of June, 2020 by and between Hoffman Electronic Systems, a Callfornia corporation ("Hoffman"), and Subscriber named below.

SUBSCRIBER DESCRIPTION OF JOB
City of Merced Security Monitoring - Various locations
1776 Grogan Ave, Merced, CA 95341 See Below

1. SALE AND/OR INSTALLATION AND SERVICES. We will (check one box as applicable):
/Sell and install, and provide varranty and aficer-warranty repair service, and provide the other scrvices for, the secarity systems described below (individully or collectively the rus and conditions of our Agreement executed by Subscriber igns aud decals to remain tire property of Hoffman under any circunsisnce System and Services Description
Hoffman to bring online and monitor the following alarm locations listed on attached spreadsheet Approximate Installation Starting Datc: _ Approxinate installation Completion Date:
2 PRICE: PAYMENT: TERM: FINANCIAL DISCLOSURES
SALES/INSTALLATION MONITORING SERVICE S1,632.00 - 1,751.00/MONTH PRICE
(Sales Tax Included in Installation Price) Includes:
• Cell • Total Control App • Wave Control • Entro
• Open/Close Reports • UL Cartification Camera Control • Instant Eye Witness • Camera Maintenance • Videofied Clips • Extended warranty • Fire inspections

INITIAL TERM OF MONITORING SERVICE
DEPOSIT DUE NOW MAID: Annually 1 - YEARS (12 Mo/4 qi/l yrs)

BALANCE WHEN THE SYSTEM TOTAL MONITORING SUM

IS COMPLETED FOR INITIAL TERM
$19,584.00 - 21,012.00
There is no financing charge or cost of credit associated with this Agreement (0% APR). 'The total sum set forth above as total monitoring siun for initiol term is the total cash price and total cost of credit for monitoring service. WE MAY ELECT NOT TO START TO MONITOR THE SYSTEM OR PROVIDE OTHER SERVICES UNTIL THE SALES/INSTALLATION PRICE IS PAID IN FULL. You agree and understnod that if you authorize any payments pursuant to any electronic means provided in the "Easy Payment Enrollment" form, and if such authorization is discontinued or terminaled by you or any paynent is dishonored by the financial institution or is not paid othenise paid for any reason, your payment obligations under this Agreement remain in full force and effect and you agree to pay the same to Hoffman. If you fail to make any such payments, ive may terminate providing any further services and all collection rights and remedies of Hoffman are expressly reserved.

For services, the initial term of this agrecmont is two (2) years commencing on the day service begins, and will aulomatically continue for successive one (1) Month terms unless canceled by either of us in writing at least thirty (30) days before the end of the original term or renewal term.

3. MONITORING SERVICE YEES ARE BILLED IN ADVANCE AND IS DUE UPON YOUR RECEIPT OF OUR INVOICE. YOU WILL PAY THE PRORATED SERVICES FEE FOR THE MONTH IN WHICH SERVICES BEGIN. THE FIRST PAYMENT FOR SERVICES IS DUE WHEN WE SUBSTANTLALLY COMPLETE THE INSTALLATION OF THE SYSTEM. Monitoring service will not begin until you have executed and delivered our Agrcement. Wc may elect not to start to monitor the alarm system, nctivate other systems, or provide other services until the installation price is paid in full. If you fail to make any payment when due ure may discontinue installation, monitoring and service, terminate this Agreement and recover all damages to which we are entitled, including the value of the work performed and loss of profits. In addition the may impose a late charge on all payments for the installation of thc Sysiem that more than ten (10) days past due in the maximum amount pernitted by California law. You understand that the monitoring service fee does not include and text messaging or other cell phone usage charges by your wircless carrier that you may incur as a result of our notification and monitoring services. You acknowledge that the services foe is based upon existing federal, state and local taxes and charges. We shall have the right, at any time, to increase the 1 OF 5 Pages
Hoffman MH Subscriber
services fee to reflect any additional or increased taxes, licenses, permits, or fees which may be charged to us by any utility or governental agency relating to lise services we provide and you agree to pay the same. In addition, we may periodically increase the services fee as set forth in Section 19.

4. RECEIPT OF COPY YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COMPLETED COPY OF THIS AGREEMENT.ALL OE THE TERMS ON THE

AGREEMENT AND ON ALL ATTACHMENTS ARE PART OF THIS AGREEMENT, READ THEM BEFORE YOU SIGN BELOW S. DISCLAIMER OF LIABILITY. WE DO NOT WARRANT THAT THE SYSTEM WILL. ALWAYS DETECT OR IIELP PREVENT, ANY BURGLARY, FIRE, HOLD-UP OR OTHER SUCH EVENT. WE DO NOT WARRANT THAT THE SYSTEM CANNOT BE DEFEATED OR BY-PASSED OR THAT IT WILL. ALWAYS OPERATE, YOU

ACKNOWLEDGE AND AGREE THAT WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER,

INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, NOR HAVE YOU RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. SECTIONS 16 AND 17 ON THE AGREEMENT LIMIT OUR LIABILITY TO $1,000.00 OR SIX (6) TIMES THE MONTHLY SERVICES FEE IF YOU OR ANYONE ELSE SUFFERS ANY HARM (DAMAGE OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH BECAUSE THE SYSTEM FAILED TO OPERATE PROPERLY OR WE WERE CARELESS OR ACTED IMPROPERLY. YOU HAVE

HAD THE OPPORTUNITY TO TALK TO OUR SECURITY CONSULTANT ABOUT THIS LIMITATION AND YOU KNOW THAT YOU MAY OBTAIN A HIGHER LIMITATION OF OUR LIABILITY BY PAYING AN ADDITIONAL SERVICES FEE TO US.

6. INSTALLAIION OF THE SYSTEM. You will permit us to install the System during our normal business hours and you will give us uninterrupted access to your premises.

You warrant that you have full authority from the owner and/or other person in control of the premises to permit the installation and operalion of the System under all conditions set forth hercin. You have approved the locations of where the control panel, audible devices, cameras, monitors, and all devices will be installed. If the alarm systen includes an exterior audible bell, born or siren, it is designed to shut off ofler sounding for not more than five (5) minutes. You will provide 24 hour - 110-voit electrical servicc, including non- switched electrical outlets for the System's transformers and other clectrical needs, and will make repairs to the prentises (such as fixing loose doors, broken windows, sprinkier shut- off valves, etc.) that ne deem reasonably necossary to facilitate the installation and opcration of the System. You will provide adequatc lighting for any CCTV syslem, and othenvise provide the proper enviroment for the Systems as ive may reasonably request. If telephone utility services or cables are necessary for the installation and aperation of the System, you will provide them at your expense. We are not responsible if the installation is delayed because of bad weather, labor disputes, acts of God or other reasons beyond our control.

You have the affirmative duty to inform us, prior to beginning of installation, of every location at the premises where we should not (because of concealed obstructions or hazards such as pipes, wires or asbestos) cnic or drill holes. Unless so notified, we will determine where to drill holes and place equipment. We vill take reasonablo precautions to avoid concoaded obstructions, but have no incans of determining with certainty if they exist. Any costs incurred to repeir pipes, mires or other obstructions, and any resulting damaged ralls, ceiling, floors or furishings shall be your sote expense and responsibility. If asbestos or other health bazardous malcrial is encountered during installation, ive will cease worl ntil you have, at your sole expensc, oblained clearance from a licensed asbestos removal or hazardous material contractor that continuation of work will not pose any danger to ou ersound. in no case shall st be liable for discovery of exposure of hidden asbestos or other hazardous material. After we complete the System, you and our representative vill spect it If something is missing or not properly installed, you will tell us writhin ten (10) days, othenvise the System will have boon accepted by you. If the System is being stalled as part of nery construction or a remodeling of an existing structure and ive pre-vire any portion of the Syster, and such wiring and/or related System conponents (o.Bdoor switches) are damaged by you or others working on the premises, you agroe to pay our standard labor and material charges to repair such damage. IF ADDITIONAL TRIPS ARE

REQUIRED TO COMPLETE THE JOB DUE TO CUSTOMER OR CONTRACTOR NOT PROYIDING REQUIRED EQUIPMENT OR CONNECTIONS BY SCHEDULED INSTALLATION DATE, (I,E DOORS, WINDOTYS, TELEPHONE, POWER... ETC), THOSE TRIPS WILL BE BILLED AT STANDARD LABOR RATES. MOTION DETECTORS AND GLASS BREAK DETECTORS ARE FOR SPOT PROTECTION ONLY. SUBSCRIBER DESIRES NO ADDITIONAL PROTECTION AT THIS TIME.

SUBSCRIBER UNDERSTANDS THAT SUCH ADDITIONAL PROTECTION MAY BE AVAILABLE AND CAN BE PROVIDED BY HOFFMAN FOR A FEE HOFFMAN

DOES NOT WARRANTY ANY EQUIPMENT INSTALLED BY ANY OTHER COMPANY, HOFFMAN TO PROVIDE ONE HOUR FREE LABOR TO BRING SYSTEM ONLINE. ANY OTHER TORK REQURED TO MAKE SYSTEM OPERATIONAL IVILL BE CHARGED ON A TIME PLUS MATERIALS BASIS. IF ANY WIRES HAVE

BEEN CUT SINCE THE PRE-WIRE AND IT IS NECESSARY TO ADD ADDITIONAL EQUIPMENT TO COMPLETE SYSTEM, IT IS THE SUBSCRIBER'S

RESPONSIBILITY TO PAY FOR THIS EQUIPMENT ON A TIME PLUS MATERIALS BASIS USE OF WIRELESS EQUIPMENT IS AFFECTED BY UNSEEN VARIABLES ADDITIONAL EQUIPMENT AND LABOR MAY BE REQUIRED IF CONDITIONS DICTATE THESE COSTS ARE BILLED TO THE CUSTOMER. IF

HOFFHANIS INSTALLING A SISTEM IN A PRE-IPTRED HOUSE, HOFFMAN MAKES NO WARRANTY ON CONDITION OF EXISTING IVIRE AND ADDITIONAL COSTS MAY ARISE IF WIRE IS UNUSABLE OR LOST. SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS ARE FOR AREA PROTECTION ONLY. ALL

COSTS ATTRIBUTABLE TO MAKING THE FIRE ALARM SYSTEM OPERABLE FOR THE RESIDENCE IDENTIFIED BY THIS DOCUMENT, INCLUDING SALE AND INSTALLATION COSTS, DO NOT EXCEED FIVE HUNDRED DOLLARS (S500).

FIRE PERMIT FEES ARE NOT INCLUDED AS THEY VARY BY JURISDICTION AND ARE THE SURSCRIBER'S RESPONSIBILITY, ANY ADDITIONAL

EQUIPMENT THAT MAY BE REQUIRED BY THE AUTHORITY HAVING JURISDICTION IS THE RESPONSIBILITY OF THE COSTOMER AND MAY RESULT IN

ADDITIONAL CHARGES, FIRE SYSTEMS REQUIRE DEDICATED POWER PROVIDED BY THE SUBSCRIBER

IF SUBSCRIBER WISHES TO PROGRAM VIDEO RECORDER TO RECORD ON DETECTION OF MOTION ONLY, SUBSCRIBER UNDERSTANDS THAT UNDER

SOME CIRCUMSTANCES MOYEMENT IN THE CAMERA IMAGE MAY NOT TRIGGER RECORDING CAUSING ALL OR PART OF AN EVENT TO NOT BE RECORDED. SUBSCRIBER SHALL PROVIDE INTERNET CONNECTION FOR ANY SERVICES AS REQUIRED FOR FUNCTION OF REMOTE MONITORING.

HOFFMAN IS NOT RESPONSIBLE FOR FAILURES OF THAT INTERNET SERVICE OR LOST VIDEO DUE TO INTERNET RELATED ISSUES NOTIFICATION ON VIDEO LOSS SIGNALS MAY BE INTERRUPTED DUE TO BROADBAND ISSUES BEYOND OUR CONTROL. SUBSCRIBER GIVES HOFFMAN THE RIGHT TO LOG INTO CAMERA SYSTEM FOR MONITORING AND TROUBLESHOOTING AS NECESSARY. . LIMITED/EXTENDED WARRANTY. For purchased Systems only, the following limited repair/replacement warranty applies L WHAT IS COVERED: LIMITED WARRANTY - FOR ONE YEAR AFTER WE COMPLETE THE INSTALLATION, WE WILL PROVIDE THE FOLLOWING WARRANTY SERVICE: (1) FOR THE FIRST NINETY (90) DAYS OF THIS WARRANTY WE WILL REPAIR OR REPLACE ANY DEFECTIVE PART OF THE SYSTEM WITHOUT CHARGE TO YOU: (2) AFTER THE FIRST NINETY (90) DAYS OF THIS WARRANTY WE WILL PROVIDE A REPLACEMENT FOR ANY DEFECTIVE PART WITHOUT CHARGE, BUT YOU WILL PAY FOR ALL LABOR AT OUR PREVAILING RATES WHICH WILL INCLUDE A MINIMUM VISIT CHARGE. WEMAY USE NEW OR USED PARTS OF EQUAL QUALITY. IF EXTENDED WARRANTY IS INCLUDED, THE POLICIES IN SECTION 6 (ABOVE & BELOW) WILL BE EXTENDED AS LONG AS YOUR ACCOUNT IS IN GOOD STANDING AND EXTENDED WARRANTY PAYMENTS ARE BEING MADE. b. HOW TO GET SERVICE: CALL OR WRITE US AT THE ADDRESS AND TELEPHONE NUMBER AT THE TOP OF THIS AGREEMENT AND TELL US WHAT IS WRONG WITH THE SYSTEM. WE WILL PROVIDE SERVICE AS SOON AS POSSIBLE DURING OUR NORMAL BUSINESS HOURS WHICH ARE 8:00 A.M. TO 4:00 P.M., MONDAY THROUGH FRIDAY, EXCLUDING HOLIDAYS WE OBSERVE. EMERGENCY REPAIR SERVICE IS AVAILABLE AT OTHER TIMES FOR AN ADDITIONAL CHARGE WHICH INCLUDES A MINIMUM ONE-HOUR VISIT CHARGE. c. WHAT IS NOT INCLUDED: REPAIR OF THE SYSTEM IS OUR ONLY DUTY. THIS WARRANTY DOES NOT INCLUDE DISPOSABLE ITEMS SUCH AS ACCESS CONTROL CARDS, VIDEO HARDDRIVES AND BATTERIES WHICH WE WILL PROVIDE TO YOU AND YOU AGREE TO PAY FOR AT OUR PREVATLING RATES.

ANY REQUIRED OR REQUESTED FIRE ALARM TESTS AND/OR INSPECTIONS ARE NOT PART OF WARRANTY SERVICE AND SHALL BE SEPARATELY BILLED TO YOU AT OUR PREVATLING RATES FOR SUCH SERVICES AND YOU AGREE TO PAY FOR THE SAME. WEMAKE NO OTHER EXPRESS WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY OF THE SYSTEM OR ITS FITNESS FOR ANY SPECIAL PURPOSE. WE DO NOT WARRANT THAT THE SYSTEM WILL ALWAYS DETECT, OR HELP PREVENT, ANY BURGLARY, INTRUSION, FIRE, HOLD-UP OR OTHER SUCH EVENT. WE DO NOT WARRANT THAT THE SYSTEM CANNOT BE DEFEATED, BYPASSED OR COMPROMISED OR THAT IT WILL ALWAYS OPERATE. THIS WARRANTY DOES NOT COVER REPAIRS

THAT ARE NEEDED BECAUSE OF AN ACCIDENT, ACTS OF GOD, YOUR FATLURE TO PROPERLY USE THE SYSTEM, OR IF SOMEONE OTHER THAN US ATTEMPTS TO REPAIR OR CHANGE THE SYSTEM, OR ANY OTHER REASON EXCEPT A DEFECT IN THE EQUIPMENT OR OUR INSTALLATION. ALL IMPLIED 2 OF5 Pages
Hoffman MH
Subscriber
WARRANTIES ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOUNO OTHER WARRANTY FOR THE SYSTEM. d. STATE LAW: SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL. DAMAGES, OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

8. CAMERA MAINTENANCE. Camera Maintenance includes daily health alerts to be sent to Company if one of the cameras loses their picture or if the hard drive on the recorder fails. Subscriber is responsible for maintaining high speed internel connection. Once per month, if remote access is made avnilable by client and conditions penit, Hoffman will remotely attempl to determine camera system is functioning as intended by using any combination of methods such as checking: system is accessible, recorded video, live video, camera views, vicırs obscured, or other procosses to attain general systein healtlı. Camera maintenance also includes an annual camera cleaning to be scheduled by the client Finally, it covers all normal wear and tear on the equipment so if any camera or the recorder fails, we will replace it at no cost to sabscriber. Any repair work necessary will be done during normal business hours

9. ALARM SYSTEM MONITORING SERVICE. If you have subscribed to monitoring servicc, we shall connect the alam systems) to our monitoring facility (tire "Center") and monitoring will be provided in accordance with our Agreement. We will charge you directly for monitoring which will be billed to you by us pursuant to this Agreement. When a Emergency Notification List, and then try to (clephone the proper police or fire department and the other persons designated on Subscriber's Emergency Notification List. burginry, fire, duress, medical or other alarm signal from the System is received in the Center, we will call your promises first, followed by the first person designated on Subscriber's HOFFMAN AND THE CENTER DO NOT PROVIDE MEDICAL SERVICES OR MEDICAL, ADVICE. When a non-emergency signal is received (eg. temperature or pump water flow sensors), we will attempt to contact the premises and then the first available person on your Subscriber information form but will not potify emcrgency nuthorities. We roscrve the right to verify all alarm signals by using tine two-way voice or visual devices, if one has been installed, calling the premises or othenvise before notifying the goremment Ispatches a Grand Compary, subscriber is responsible to pay a response fee will each time Guard Company is dispatched We may charge an additional fee for such service tha mergency condition before responding lo a request for assistance, you agree to subscribe to such service if provided by us, or otherwise comply with sudi roguirements. I/ HoFina saftware, computer codes sad monitoring infonnation remain our sole and exclusive property. You consent to the tape recording of all telephonic communications with our office or mill be acted to the then current mouthly foc. Subscriber is responsible for any city of coanly alarm perml fees. You acknowledge and agrce that all monitoring firmare and the Cenicr. If Hoffmacar is providing Video Yerificalion, standard dispatching procedures shall apply on all accounts with Fidea. Wo will charge you directly for monitoring which will be billed to you by us persuant to this Agreement. False alarm charges shall be your responsibility.

10. TRANSNUSSION LINES, The alam system may include a conumunicator that sends signals to the Contor over your regular Iclephone service, or Internet, cellular service or long-range radio. If telephone service is used, you will pay for all telephone charges including any installation fee for a special jaci to connect the alarm system to your telephone servica. We recommend fue asc of an RJIX or equivalent teleplone jack to girc the alan systan priority over other telephones in your premises, hourever, when the alarm system is activated, you srill be unable to use your telcphone to make oliter calls (such as calls to the 91l emergency operator), and therefore, you may wish to have ll System cormected to a second telephone linc. If your telephone is out of order, placed on vacation status or othenvise not working, signals cannot be transmitted and 1v2 will not know of the telephone controlled by the California Public Utilities Commission and Federsi Communications Commission and changes in rules, regulations and policics may necessitate our discontinum ervice problem, if me laternet, cellular or radio syslem is used for transmitting alanm signals frora your premises to the Couler, you ackmomledge that the use of such system may bi or changing such transmission facilitics at our option. Communications systerns may be impaired or isterrupted by atmospheric condilions, including interruptions caused by an Intemet provider, electrical storms, power failures or other outages, conditions and events beyond our control. You may be required to crecute an additional ogrement for Intemet, cellular or radio transmission servica. You agree to reimburse us for any costs we may incur to reprograin the communications device of the alam system because of area code changes or offer dialing pattem changes. The use of DSL, YolP, BPI, or other brosdband telephone service may prevent the System from transmiting alarm signals to the monitoring facility and/or interfere with the telephone line-scizure feature of the alarm system, afler it is installed or anytime in the futura. Such services should be installcd on a telephone number that is not used for alarm sigual transmission. You agree to notify us if you have installed or intend to install DSL, VolP, BPL or other broadband servioc.

IMMEDIATELY AFTER THE INSTALLATION OF DSL, VoIP, BPL OR OTHER BROADBAND SERVICE YOU MUST TEST THE SYSTEM'S SIGNAL TRANSMISSION

WITH THE CENTER

11. EAT SE ALARMS. You agree that you and others using the System will use it carefully so as to avoid causing false alarms. Severe weather or other forces beyond our control can cause false alans. If me roccives too many false alarms, that will constitute a breach of contract by you, and we may cancel monitoring and service and sock to recover damages. You will pay any false alarm fine, penalty or Ice that is charged against you, and if a false alarm fine, penalty or fee is charged to us by any governmental agency, you will pay for the charge.

12. AFTER WARRANTY REPAIR SERVICE, At the end of our onc (1) year limited warranty we will continue to repair the Syslem and provide equipment on a timc and material basis. You mill pay our standard parts and labor charges for all repair calls and supplies. There will bc a one (1) bour minimum visit charge for cach repair call. Sec Section 7(b) of our Linited Warranty on how to get repair service. (B) For Systeins provided to you by FlofTman, except as limited below, the shall provide repair service for ticSystem including all parts and labor. All repairs shall be performed of notice from yout. Emergency service is available at other times at our prevailing service rates. You agrec to pay for all parts and labor necessary to repair the System as a result of during normal business hours, which are 8:00 am to 4:00 pm, Monday through Friday, except holidays ure observe, and will be performed ns soon as reasonably possible afler reccipt damage to the System caused by accident, your misuse or nodification of the Sysim, acts of God, or altemptad repair service perfanned by anyone other than Company or our designet and charges for such repairs will be based on our then existing inbor and material rates and will include a minimum: one (1) hour visit charge and will be due and payable upon completion of the work. YOU AGREE TO PAY FOR ANY DISPOSABLE ITEMS SUCH AS ACCESS CONTROI, CARDS, VIDEO FARDDRIVES AND BATTERIES WHICH WE WILL PROVIDE TO YOU AND YOU AGREE TO PAY FOR AT OUR PREYAILING RATES. If you fail to pay for such charges upon compiction of the work, we may terinate this Agreement. For fire alarm or sprinkler supervisory syslems we will provide inspoction and testing service as set forth on the equipment description. Inspections and tests will be porfomied only during our normal business hours described above. We have no obligation to repair equipment to which the System is attached (e.g., a sprinkler system or access control system).

13. SUBSCRIBER'S DUTIES, You will instruct all other persons who may use the System on its proper testing and use. You will fest the alarm system's protective devices and detectors) you will tarn off, control, rclocate or renove all things such as air conditioning systems, inventory, fumiturc, leaters, and other such devices that might interfere with such send test signals to the Center in accordance with our instructions at least monthly. If the security alarm system includes space protection (c.g, infrared, pholo beams or other such devices when they are turmed on. If a problem in the System occurs yon will notify us. You vill complete and give us an emergency information forn which will include the name, telephone number and relationship of cach person ive may call in the event we believe there is an emergency at your premises, and other information we may require. In the case of & fire alann or sprinkler systern, you will nolify us in writing of any change in your fire rating bureau or agency. You will notify Hoffman in writing of any changes in the information set forth on the Emergency Notification List. You agree that ife may disclose the informalion regarding your syslem and on the Emergency Notification List to any govermental agency having jurisdiction over the use and operation of the System, without notice to you. You are solely responsible for (i) issuing and controlling access control cards and (it) providing and maintaining video for CCTV systents und we do not provide film developing or video editing services.

14. SUSPENSION OR CANCELLATION OF TITS AGREEMENT. You understand that we niny stop or suspend monitoring and other services if: (i) strikes, severe weather, earthquakes or other such events beyond our control offect the operation of Hoffman or so severely damage your premises that continuing service would be impractical; (il) there is an interruption or unavailability of the telephone service belicen the alarm system and our monitoring fncilities; (lii) you do not pay the sorvice charge duc to us, after ive have given you ten days notice that we are cancling service because of non-payment; (iv) ive are unable to provide service bocause of some action or ruling by any goremmental authority; 3 OF 5 Pages
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the alarm system communicator from our facility and/or enter your premises to disconnect the alarm system from our monitoring quipment and remove our signs, decals and and/or (v) you become a debtor in a bankruptcy proceeding. If service is canceled or this Agreement expires or is terminated for any reason, you authorize us to remotely disconnect communications sollware from your System aad premises. If service is suspended because you have failed to pay the charges set forth herein, and you ask us to reactivate the System, you will pay, in advance, our Unen prevailing re-connection fee. YOU UNDERSTAND TIAT THE ALARM SYSTEM MAY NOT WORK WITH EQUTPMENT USED BY OTHER ALARM COMPANIES OR MONITORING CENTERS.

15. IERMINATION, DEFAULT: TITLE TO SYSTEM In the event you are not the ouner of the premiscs, you warraut that you have obtained the wrillen consent of the owner for the installation and removal of the System. You authorize us to investigale your credit record, and to report your payment perfonnance under this Agrcement to credit agencios to shich we are entitted including, without limitation, the value of the work performed and the amount due to us for the unexpired tent of the Agrement, including loss of profits. and credit reporting services. If you fail to make any payment when due we may discontinue installation, monitoring and servicc, terminate this Agrement and recover all damages In addition we may impose a late charge on all payments for services that are more than ten (10) days past due, in the amount qual to ten dollars ($10,00) or the maximum amoun! permitted by California law whichever is less. In no event shail Hoffman's failure to enforce this provision at any time be doomed to be a waiver by Hoffman to assert its rights created hereunder or to assess the late charge in the future. Unless you purchased the System from us (and the first bar under Section 1 is checked), you acknowledge and agree to the following: (A) This Agreement is a service agrement only ad THE ENTIRE SYSTEM SHALL AT ALL TIMES REMAIN THE SOLE PROPERTY OF HOFFMAN. (B) You will not damagc, encumber or dispose of the System or permit the System to be damaged, encumbered, talien from the premises, tampered with or repaired by any but our service be. At the expiration of this Agreement or in the event of your default, you authorize us to enter your premises and to remove all or any portion of the System. (D) Wo may elect to personnel. (C) In the event of loss or damage to the Systom or any part thereof, you agree to pay us the System's reasonble replacement value or the cost of repair as the case may abandon all or any portion of the System. (E) Removal of the System shall be withor prejudice to the collection of any and all sums due under the entire contract or estensions or renewals thereof, including, but not limited to, recovery of our loss of profit for any uncxpired term of this Agreement. (F) You will retum the System to us in good condition, reasonable wear and tear excepted. (G) You agree that installation of the Syslem does not create a fixture to your premises. In tre eveat you are not the orner of the premises, you warrant that you have obtained the written consent of the owner for the installation and removal of the System.

16. ASSIGNEES AND SUBCONTRACTORS. We may transfer or assign this Agreement to any other security company, financial institution or other entity. Upon an nssignment o another security company, Hofman will be reliered of any further obligations bereunder. You may not transfer this Agrecrant to someone elsc (including somcone nor Agreement, and particularty sections 16 aad I7, shai apply to the work and services they provide, and shall apply to them and profect or assignees and subcontractors is the samc prchases or reats your promises) unless ric approve toe transfer it writing. We may use subcontractors to provide installation, repair, monitoring and other services. This manner as it applies to and protects us.

I7. CHANGES TO THE SYSTEM. If you or any governmental agency or insurance intercst wants us to change the Sysical described hercin, or clange it after it is installed, you agrec to pay our standard parts and labor charges for such changes.

ADDITONAL OR DIFFERENT PROTECTION IS AVAILABLE FOR A HIGHER PRICE. YOU AGREE THAT YOU HAVE CHOSEN THE SYSTEM AND YOU UNDERSTAND THAT

18. HOREMAN IS NOT AN INSURER: LIQUIDATED DAMAGES: LIMITATION OFLIABILITY, You understand that (a) we are not an insurer of your property or te personal safety of persons in your premises, (b) you should provide any insurance on your promises and its contents, (C) the amount you pay lo us is based only on the valuc of tbe System and services we provide and aol on the valac of your premises or its contents, (d) alan systems and our monitoring and repair service may not always operaic properly for various reasons, (e) it is difficult to determine in advance the value of the your property that might be last, stolen or destroyed if the Systen or our service fails to operate properly; (1) & CCTV or acoess control systen may not detect or prevent an unauthorized intrusion onto the premises or unsuthorized activities (inciding criminal conduct) by persons on the premises; (g) it is dillicult to determine in adrance hoer fest the police or fire department or others vould respond to an alarm signal; and (b) it is difficult to determine in adrance what portion, if any, of any property loss, personal injury or death would be proximatety caused by our failure to perform, our negligence, or a failure of the Sysion. Therefore you agree that, even if a court decides that Hoffman's breach of this Agreement, a failure of the System, or our negligence, or a failare of the Systen, installation, monitoring, repair service, or other services caused or allowed any harm or damage (whether property damage, personal injury or deaths) to you or anyone in your promises, you agroc that our liability shall be limited to the lesser of $250.00 or six (6) times the quarterly services fee, as liquidated damages and not as a penelty, and this shall be your only remedy regardless of what Icgal theory (including without limitation, negligacc, breach of contract, breach of warranty or product liability) is used to dotenmine that ive ivore liable for the injury of loss.

YOU MAY OBTAIN A LIMITATION OF LIABILITY. If you mish, you may obtain from us a limitation of liability for an additional periodic charge. If you clect this option, we will alech a rider to this Agreement irbich will set forth the assocint of the limitation of liability and the amount of the additional charge. Agrecing to the higher limitation of liability docs not mean that ne are an insurer.

19. THIRD PARTY INDEMNIFICATION AND SUBROGATION. If anyone other than you, asts us to pay for any horm or darnages (including property damags, personal injury or death) connected with or resulting from (i) Hoffman's breach of this Agreement or a failure of the System or services, (il) our negligence, (ill) alry other improper or careless activity of ours in providing the Systern or services or (ir) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and b) the amount of our reasonable attomcys' fees and any other losses or costs that ie may pay in connection with the ham or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages lappens while one of our employees or subcontractors is in or about your premises, and that employce or subcontractor solety causes such harm or damages. Unless prohibited by your property insurance policy, you agree to reicase us from any ciaims of any parties suing tbrough your authority or in your nam, such as your insurance compary, and you agree to defend us against any such claim. You will notify your insurance company of this seicase.

20. LIMITATION ON LAWSUITS: REFERENCE. Both Holman and Subscriber agree that no law suit or any other logal proceeding connecied with thus Agreement shall be brought or filed more than two (2) years after the incident giving rise to the cinin occurred. Any controversy, dispute, or cinim between the parties arising out of or relating to this Agreement, (other than actions brought by Hoffman in small claims court to collect amounts due under this Agreement) will be settled by a reference proceeding in Merced, California, in accordance with the provisions of Section 638, et seq. of the California Code of Civil Procedure, or their successor section, which shall constitute the exclusive remedy referee shall be appointed to sit as a temporary judge with all of the powers of a temporary Judge authorized by law. In the event that the chabling Legislation, which provides for the for the resolution of any controversy, dispulc, or claim concerning this Agreement, including whether such controversy, dispule, or claim is subject to the reference proceeding. The appointment of a referee is repcaled and no successor statute is enacted, any dispute betveen the parties that would otherwise be detennined by a reference procedure herein, will be resolved and determined by binding arbitration. That arbitration will be conducted by a retired Judge of the Superior Court in accordance with Section 1280 to (294.2 of thc California Code of Civil Procedure, as amended from tinie to time. The arbitmtor shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. The nrbitrator shall allocate all the costs of the arbitration, including fees of the arbitrator and reasonable attorney's fees of the prevailing party against the party wilo did not prevail. Judgincht on the award may be entered in ay court having jurisdiction.

21. INCREASE IN SERVICES FER. Notwitstanding any other tenn or condition set forth herein, after the expiration of one (1) year from the date of completion of installation, we may at any time and from time to time, but not more than once in any tirelva (12) montiı period, increase the monthly services fet by a percentage not to exceed ten percent (10%) of the montidy services fee in effect immediately prior to the effcclive date of the increaso, by giving you thirty (30) days prior written notice of the amount of the increase and you agree lo pay the same.
record, store and, if necessary, disclose to third parties video and audio related lo nonitored activily at your location, as well as conversations with you, energency services 22. INFORMATION AND PRIVACY, You understand and agree that in conjunction with employee training, quality control and the provision of services, ire may monitor, guardian. You further agree and represent titat you have or will have obtained consent to such recording, storage, and disclosure from any other individuals who live or work at, or providers, and law enforcement personnel. You consent to such recording, storage, and disclosure on behalf of yourself and any minor children for whom you nre the parent or legal othenvise frequent, your promises, including consent on behalf of any minor children for whom such individuals are the parents or legal guardians. Further, you understand that privacy experienced. You consent to us (i) using information about you and your location (collectivety, "information"') to administer services, offer you new products or services, privacy cannot be gunranteed on telephone, cable and computer systems, and we shall not be liable to you for any claims, loss, damages or costs which may result from a lack of enforce the terms of this agrement, prevent fraud and respond to regulatory and legal requirements, (il) provide information, including information contained on your emergency 4 OF 5 Pages
Hoffman MHt
Subscriber
information to law enforcement or fire service personnel for the purpose of providing services crunder or in responsc to a subpoena or other such legal process, and (ii) using and sharing oggregate customer information and statistics that do not include infonnation tirat identifics you personally. Except as required to provide tie services that you have selected, promises may be compromised, intercepted and/or used by third parties in a way that would compromise the security of your information, your safety and or privacy, and the privacy we will not monitor your location. You further acknowicoge and assume risks related to data security breaches and cybercrime, as a result of which information about you and your and safety of persons and property on your premises.

23. ENTIRE AGREEMENT. The entire and only agreement chen you and Hoffinan is written in this Agreement. They replace any carlicr oral or iritten understandings or agreements.

SALES AGENT. If you have given or ever give us a purchase order for the System or service which provides for different terms than this Agreement, this Agreenient will gover They may only be changed by a wrillen agrecent signed by you and us. THEY MAY NOT BE CHANGED BY ANY ORAL STATEMENTS MADE BY OUR and be controlling. If any provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall romain in force. You agree that this Agreement is perforned in the state of California and shall be governed by the laws of California.

24. OUR LICENSES. ALARM COMPANY OPERATORS ARE LICENSED AND REGULATED BY THE BUREAU OF SECURITY AND INVESTIGATIVE SERVICES, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CALIFORNIA 95814. CONTRACTORS

JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, SYSTEMS ONLY] YOU, THE SUBSCRIBER, MAY CANCEL THUS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE CONTRACTORS' STATE LICENSE BOARD P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. CANCELLATION, [RESIDENTIAL FOR AN EXPLANATION OF THIS RIGHT. THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM

IOFFMAN ELECTRONIC SYSTEMS STEUR CARRIGAN
Subscriber's Nane)
By _
(Sales Agent & Agent Rog F) By
Must
Management Approval Date. 5/22/20
4/ Type of Entity:

Date. - 2020
[] Sole Proprictorsbip [] Partnership
1 ComorationAL C [] Other
THIS AGREEMENT WILL NOT BE BINDING UPON HOFFMAN UNTIL EITHER (i) APPROVED BY ONE OF OUR MANAGERS OR (il) WE START THE INSTALLATION. IN THE EVENT OF NON-APPROVAL, OUR ONLY LIABILITY SHALL BE TO REFUND TO YOU THE AMOUNT THAT YOU PAID TO US UPON APPROVED BY HOFFMAN'S MANAGER, AND SUCH LACK OF RECEIPT SHALL NOT, IN ANYWAY, INVALIDATE OR OTHERWISE AFPECT THIS AGREEMENT. THE SIGNING OF THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SUBSCRIBER MAY NOT RECEIVE A COPY OF THIS AGREEMENT SYSTEM. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS OR LICENSES FOR USE OF THE SYSTEM HAVE BEEN THE CITY OR COUNTY IN WHICH YOUR BUSINESS IS LOCATED MAY REQUIRE THAT YOU OBTAIN A PERMIT FOR THE USE AND MONITORING OF THE

OBTAINED, AND THEREFORE COMPANY MAY NOT BEGIN MONITORING UNTIL SUBSCRIBER HAS OBTAINED AT SUBSCRIBER'S EXPENSES ALL AND ELECTRONIC TRANSMISSION OF DOCUMENTATION IS LEGALLY BINDING AND JUST THE SAME AS ORIGINAL WET PEN-AND-PAPER SIGNATURES. NECESSARY PERMITS OR LICENSES, AND PROVIDED COMPANY WITH THE LICENSE OR PERMIT NUMBER.SUBSCRIBER AGREES DIGITAL SIGNATURES ATTEST:

CITY CLERK
APPROVED AS TO FORM:
1/13/20
Prisan Depart cir 088 SCHUYLER A. CAMPBELI
Date
Deputy City Attorney
MERCED
APRIL

17. !!! INCORPORATED
1{15
5 OF 5 Pages
Hoffman MH
Subscriber
ATTACHMENT 1

CITY LOCATIONS & ALARM TYPES
Exlsting Equipment and General Ledger
Description and Location. Alarm Type Special Reguiremente. Cellular Card Monthly Annual Cost Account Number Shared Cost CIVIC CENTER - INTRUSION & FIRE 18(h ST Intrusion & Fire 1 Alarm, 3 Keypads, Fire Riser $12 $144 671-1119-532.21-00 RALPH SHANNON PARCADE = 18th ST Fire Alarm Fire Pump & Riser $12 $144 671-1119-532.21-00 ADAM GRAY'S OFFICE 690 18th ST. Intrusion 1 Alarm, 2 Keypads $12 $144 671-1119-532.21-00 PARKING CENTER GARAGE FIRE 1801 Fire Standard Fire Alarm $12 $144 671-1119-532.21-00 TRANSPORTATION CENTER. 18th ST Intrusion 1 Alarm, 2 Keypads $12 $144 671-1119-532.21-00 subtotal: $720
2 Alarms, 2 keypads, Main
Room, 1 Alarm and Keyped in
FINANCE-CIVIC CENTER Main Office 678 18th ST. Intrusion Vault Room 001-0701-512.21-00 subtotal: 312 $144
1 Alarm, 2 Keypads, 1 motion
sensor. The equipment must
have a NO/NG contact or "Key
Intrusion & bypass" option. Allows use of
Temperature badges to arm/disarm the
CIVIC CENTER-IT DEPT 678 18th ST Alarm system $204 672-0403-512.21-00 subtotal: $204
CIVIC CENTER 3RD FLOOR 678 18th ST Panic Alarm 1 Keypad, 1 Alarm $12 001-0201-512.17-00 subtotal: | $12 3144.

BELL, STATION 415 18th ST Intrusion 1 Alarm, 1 Keypad $12. $144 063-2005-572.17-00 subtotal: $12 $144
1 Alarm, 1 Keypad & B light
beams, 2 motion, 6 glass crash
PURCHASING DEPT. 2525 O st Intrusion sensors, 5 door sensore $204 001-0702-512.21-00 subtotal:

ROSSOTTI BLOG/APPLEGATE/ED-ZOO-CATION 1045 25th ST Intrusion 1 Alarm, 1 Keypad $12 $144 024-1204-542.21-00 PARCADE-PARKS COMM SERV DEPT 626 & 632 W 18th ST Intrusion 1 Alarm, 2 Keypads, 1 Motion Sensor $17 $204 024-1204-542.21-00
PARKS COMMUNITY SERVICE STORAGE ROOM 27th S: Intrusion Alarm Equipment $17. 024-1204-542.21-00 14 MERCED Z0O - 200 KEEPER'S OFC 1045 25th ST Intrusion 1 Alarm, 1 Keypad $12. $144 024-1205-542.17-00 MCNAMARA RECREATION CENTER 1040 CANAL STREET Intrusion 1 Alarm, 1 Keypad x! $17 $204 024-1218-542.21-00 STEPHEN LEONARD-REC CENTER 640 T STREET Intrusion 1 Alarm, 1 Keypad, 1 motion sensor 1 door contact $12 $144 024-1218-542.21-00
MERCED SENIOR COMMUNITY CENTER 755 25th ST intrusion 1 Alarm, 2 Keypads $12 $144 024-1216-542.21-00 subtotal: $99 $1,188
1 Alarm, 1 Keypad, 3 motion
Intrusion &
CENTRAL. MERCED POLICE EVIDENCE ROOM 611 22nd ST Camera sensors, 2 door contacts, 1 camera $12 $144 001-1001-522.17-00
611 22nd ST 1 Alarm, 1 Keypad, 2 motion
POLICE RECORDS STORAGE SHED Intrusion
sensors, 1 door contact $12 $144 001-1001-522.17-00
P.D. EVIDENCE RM-DOWNTOWN-BURG 11th ST Intrusion 1 Alarm, 2 Keypads, 6 motion 470 $12 $144 001-1001-522.17-00
sensors
1 Alarm, 1 Keypad, 2 motion
MERCED POLICE DEPT WHSE-1 460 GROGAN AVE Intrusion sensors, 1 door contact, 1 glassbreak _$12.. $144 001-1001-522-17-00
1 Alarm, 10 doors, 3 motion
MERCED POLICE DEPT. WHSE-2 460 GROGAN AVE. Intrusion
sensors 1 skylight beam $12 $144 001-1001-522.17-00

Page 1 of 4 ends

ATTACHMENT 1

CITY LOCATIONS & ALARM TYPES
Existing Equipment and General Ledger
Description and Location Alarm Type Special Regurements Collular Card Monthly Annual Cost Account Number Shared Cost MERCED POLICE DEPT-BOMB SQAD GROGAN AVE. Intrusion 1 alarm, 1 keypad, 2 doors, 2 motions $12. $144 001-1001-522.17-00
MERCED POLICE DEPT. WHSE-4. GROGAN AVE Intrusion 1 alarm 2 doors 1 motion $12. $144 001-1001-522.17-00 1 Alarm, 1 Keypad, 1 pull
station, 5 smoka detectors, 1
MERCED PD EVIDENCE RM-DOWNTOWN-FIRE 11TH ST Intrusion waterflow, 1 tamper, 1 phone line, 1 A/C loss/restore, 2
trouble/restore $12 $144 001-1001-52217-00
MERCED POLICE DEPT YARD • GROGAN AVENUE intrusion 1 alarm, 1 keypad, 5 beams $17 $204 001-1001-522-17-00 MERCED POLICE DEPT DART 415 18TH STREET Intrusion 1 alarm, 1 keypad, motion, 1 door contact and waterflow $17 001-1001-522.17-00
CITY OF MERCED POLICE DEPARTMENT "G" STREET 1 alarm, 1 keyfob, 11 doors, 1 3033 Intrusion
repeater, 5 motion sensors $17 001-1001-52217-00.
subtotal: $147 $1,764
MERCED AIRPORT HANGERS-FIRE Merced Airport Hangers-Fire Fire Alarm Fire Riser & Alarm $12. $144 MERCED AIRPORT TERMINAL BLDG Merced Airport Terminal Bidg Panic Button TSA Emergency Alarm $12 $144 501-3030217-00 subtotal: $288
PUBLIC WORKS ADMIN BLDG 1 1776 GROGAN AVE Intrusion 2 Keypads, 2 motion Sensors $12 $144 029-1102-532.21-00 al PUBLIC WORKS CONFERENCE ROOM BLDG 3B 1776 GROGAN AVE Intrusion 1 Keypad. 1 Door Switch $12. $144 029-1102-532.21-00 subtotal: $288
PUBLIC WORKS AUTO SHOP MAIN SHOP 1776 GROGAN AVE BLOG 2 intrusion 1 Keypad, 10 Door Switches $17 $204 670-1103-53221-00 PUBLIC WORKS AUTO TIRE LUBE BLDG 11 1776 GROGAN AVE intrusion 5 Door Switches 1$12. $144 670-1103-532.21-00 subtotal:

PUBLIC WORKS SIGN SHOP BLDG 3A 1776* GROGAN AVE Intrusion 1 Keypad, 2 Motion Sensors $17 022-1104-532,21-00 TRAFFIC LIGHT/SIGNAL WAREHOUSE 1720... 18th ST Intrusion 1 Keypad, 2 Door Switches $12 $144 022-1104-532.21-00 subtotal: $29
TREE TRIMMING/STORAGE ROOM 1776 GROGAN AVE Intrusion 1 Keypad, 1 Door Switch $12 $144 558-1122-532.21-00 subtotal: $12 $144
Low/High
Water Level,
Wet Well,
Alarm Equipment
Panic, Dry
Well, Hatch,
SEWER LIFT STATION 2 ALLEY @ EST & MAIN ST Power Failure $12 $144 553-1108-532.21-00 SEWER LIFT STATION 3 1931 GROGAN AVE $12 $144 553-1108-532.21-00 SEWER LIFT STATION 6 HAWK DR $12 $144 553-1108-532.21-00 E SEWER LIFT STATION 7 2215 COOPER AVE N/S $12 $144 553-1108-532.21-00 SEWER LIFT STATION 8 m HWY 140 & KIBBY RD $12 $144 553-1108-532.21-00 SEWER LIFT STATION 9 3304 COLUMBIA AVE $12 $144 553-1108-532.21-00 SEWER LIFT STATION 10 1842 VALLEY FORGE $12 $144 553-1108-532.21-00 SEWER LIFT STATION 11 3254 CHILDS AVE $12 $144 553-1108-532.21-00 SEWER LIFT STATION 12 UNILEVER-N. HWY 59 $12 $144 553-1115-532.21-00 SEWER LIFT STATION 16 3400 SAN FRANCISO & BUENA DRIVE $12 $144 553-1108-532.21-00 SEWER LIFT STATION 17 3156 iz HWY 59 $12 $144 553-1108-532.21-00 SEWER LIFT STATION 18 3125 MERCED AVE $17 $204 553-1108-532.21-00 SEWER LIFT STATION 19 504 ALFARATA & PARSONS $12 $144 553-1108-532.21-00 SEWER LIFT STATION 20 305 CARDELLA & BANCROFT $12 $144 553-1108-532.21-00 SEWER LIFT STATION 21 2309 MALASPINA & WHITEWATER $12 $144 553-1108-532.21-00 SEWER LIFT STATION 22 481 WINDER AVE $12 $144 553-1108-532.21-00

Page 2 of 4 ends

ATTACHMENT 1

CITY LOCATIONS & ALARM TYPES
Existing Equipment and General Ledger
Description and Location Alam TYPe. Speclal Requrements Cellular Card Monthly Annual Cost Account Number Shared Cost SEWER LIFT STATION 23 203 RANCHO CAMINO DR $12 $144 553-1108-532.21-00 SEWER LIFT STATION 13 3381 R ST/FAHRENS PARK $12 $144 553-1108-532.21-00 SEWER LIFT STATION 14 HWY 140 & SIDNEY LANE $12. $144 553-1108-532.21-00 SEWER LIFT STATION 15 ALEXANDER AVE $12 $144 553-1108-532.21-00 WWTP SOLIDS BLDG FIRE PNL 10260 GOVE RD Fire Alarm Fire Riser & Alarm $12 $144 553-1108-532.21-00 Intrusion & Wireless: Doors: 5, Motion 5;
WWTP LAB FIRE PNL 10260 GOVE RD. Motion Keypad: 1. $12 $144 553-1108-532.21-00 Intrusion & [Wireless: Doors: 57, Motion 11;
Motion Wired: Door:1, Motion: 1;
WWTF-MULTI BLDGS 10260- GOVE RD. Keypads: 2. $12 $144 553-1108-532.21-00 subtotal: $281 $3,372
Intrusion Wired Doora: 3, Keypad: 1, coll
WWTP - LAND APPLICATION 10260 GOVE RD communicator $17. I$204 553-1115-532.21-00 *High/Low Wel
Well Water
¡Level, Power
Failure, & Alarm Equipment
Cabinet Door
intrusion
STORM PUMP STATION 1B AIRPORT, SOUTH OF 1A Alarms.. $17 $204 553-1114-532.21-00 STORM PUMP STATION 2 3315 CAMPUS DRIVE X: $17. $204 125-1165-532.21-00 STORM PUMP STATION 3 2761 COOPER AVE N/S $17 $204 553-1114-532.21-00 STORM PUMP STATION 4 1317 W.N. BEAR CREEK $11 $128. 124-1165-532.21-00 62.50% STORM PUMP STATION 4 1317* W.N. BEAR CREEK $66 148-1165-532.21-00 32.50% STORM PUMP STATION 4 1317 W.N. BEAR CREEK $1 $10 193-1166-532.21-00 5% STORM PUMP STATION 5 3343 BISMARK $17 $204 553-1114-532.21-00 STORM PUMP STATION 6 1150 PASEO VERDE $17 $204 122-1165-532.21-00 STORM PUMP STATION 7 200 S.E. PARSONS $204 553-1114-532.21-00 STORM PUMP STATION 9 CAMERON LN BEAR CREEK $204 553-1114-532.21-00 STORM PUMP STATION 10 YOSEMITE & "G" STREET $164 126-1165-532,21-00 80.4% STORM PUMP STATION 10 YOSEMITE & "G" STREET $40 194-1166-532.21-00 19.6% STORM PUMP STATION 11 100 PARSONS AVENUE $139 121-1165-532.21-00 68% STORM PUMP STATION 11 PARSONS AVENUE $29 144-1165-532.21-00 14% STORM PUMP STATION 11 100 PARSONS AVENUE 173-1166-532.21-00 18% STORM PUMP STATION 12 1567 RONNIE COURT $204 140-1165-532.21-00 STORM PUMP STATION 16 1417 WN. BEAR CREEK $17 $204 108-1165-532.21-00 STORM PUMP STATION 18 1813 LOPES AVENUE $204 1165-532.21-00 STORM PUMP STATION 19 GILBERT MACIAS PARK $53 109-1165-532.21-00 26.1% STORM PUMP STATION 19 GILBERT MACIAS PARK $13 $151 136-1165-532.21-00 STORM PUMP STATION 20 1384 HANSEN AVENUE $12 $144 127-1165-532.21-00 STORM PUMP STATION 22 3495 SAN PABLO AVENUE $17 $204 113-1165-532.21-00 STORM PUMP STATION 23 "N" STREET BEHIND JOHN $17 $204 132-1165-532.21-00 STORM PUMP STATION 24 2090 LOPES AVENUE $99 111-1165-532.21-00 48.3% STORM PUMP STATION 24 2090 LOPES AVENUE $105 145-1165-532.21-00 51.7% 80 STORM PUMP STATION 26 GERARD AVENUE $17 $204 142-1165-532.21-00 STORM PUMP STATION 29 1105 CORMORANT DRIVE $204 143-1165-532.21-00 STORM PUMP STATION 30 :1002 DEERFIELD CT $131 116-1165-532.21-00 64.2% STORM PUMP STATION 30 1002 DEERFIELD CT $73 139-1165-532.21-00 35.8% 83 STORM PUMP STATION 31 1945 SANDOZ CT $204 101-1165-532.21-00 STORM PUMP STATION 35 3088 QUEENS CIRCLE $144 107-1165-532.21-00 STORM PUMP STATION 38 4040 TANAGER $190 118-1165-532.21-00 93% STORM PUMP STATION 38 4040 TANAGER $14 169-1166-532.21-00 STORM PUMP STATION 40 1304 EL PORTAL DRIVE 102-1165-532.21-00 45.9% STORM PUMP STATION 40 1304 EL PORTAL DRIVE $110 114-1165-532.21-00 54.1% STORM PUMP STATION 42 BUENA VISTA SARASOTA $105 141-1165-532.21-00 51% STORM PUMP STATION 42 BUENA VISTA SARASOTA 151-1165-532.21-00 STORM PUMP STATION 42 BUENA VISTA SARASOTA 178-1166-532.21-00

Page 3 of 4 ends

ATTACHMENT 1

CITY LOCATIONS & ALARM TYPES
Existing Equipment and General Ledger
Description and Location Alarm Type Speclal Regulrements Collular Card Monthly Annual Cost Account Number Shared Cost STORM PUMP STATION 42 BUENA VISTA SARASOTA $59 165-1166-532.21-00 29% STORM PUMP STATION 42 BUENA VISTA SARASOTA 195-1166-532.21-00 3% STORM PUMP 1A AIRPORT 285 RiGGS AVE $17 $204 553-1114-532.21-00 STORM PUMP STATION 8 2980 ¡WAINWRIGHT $17 $204 553-1114-532.21-00 STORM PUMP STATION 17 HORIZON & AVIGNON DRIVE $10 $114 174-1166-532.21-00 56% STORM PUMP STATION 17 HORIZON & AVIGNON DRIVE $90 190-1166-532.21-00 44% STORM PUMP STATION 21 "R" STREET FAHRENS CREEK $17 $204 110-1165-532.21-00 STORM PUMP STATION 27 AUTO CENTER DRIVE $17 $204 117-1165-532-21-00 STORM PUMP STATION 37 HALLEY AVE & ANTARES $17 $204 121-1165-532.21-00 STORM PUMP STATION 41 4355 BIXBY WAY $17 $204 164-1166-532.21-00 STORM PUMP STATION 43 CREEKVIEW & SILVERSTONE xxxxxx
$67 167-1166-532.21-00 33%
STORM PUMP STATION 43 CREEKVIEW & SILVERSTONE $11 $137 185-1166-532.21-00 67% STORM PUMP STATION 44 _CARDELLA & FREEMARK $17 $204 170-1166-532.21-00 STORM PUMP STATION 45 SAN JOSE & ROUNDHILL $17 $204 170-1166-532.21-00 STORM PUMP STATION 46 BLIX AVENUE x.xx $92 166-1166-532.21-00 45% STORM PUMP STATION 46 3375 BLIX AVENUE $112 181-1166-532.21-00 55% STORM PUMP STATION 52 JOE HERB SOCCER FIELD $17. $204 553-1114-532.21-00 STORM PUMP STATION 54 3255 GERARD CAMPUS PARKWAY $204 553-1114-532.21-00 STORM PUMP STATION 59 "G* & SANTA FE UNDERCROSSINO xxxxx× $204 553-1114-532.21-00 STORM PUMP STATION 48 SAN AUGUSTINE AVENUE $69 172-1166-532.21-00 34% STORM PUMP STATION 48 SAN AUGUSTINE AVENUE $11 $135 184-1166-532.21-00 66% STORM PUMP STATION 47 MERCED AVE & DYLAN COURT $90 168-1166-532.21-00 44% STORM PUMP STATION 47 MERCED AVE & DYLAN COURT $10 $114 177-1166-532.21-00 56% STORM PUMP STATION 50 S.W. CORNER WAVERLY DRIVE $102 188-1166-532.21-00 50% STORM PUMP STATION 50 SW. CORNER WAVERLY DRIVE $88 189-1166-532.21-00 43% STORM PUMP STATION 50 S.W. CORNER WAVERLY DRIVE **xxxxx $14 191-1166-532.21-00 7% 105 STORM PUMP STATION 49 CORNER OF "M" STREET $17. $204 153-1165-532.21-00 STORM PUMP STATION 25 1801. WARBROBE AVENUE $17 $204 553-1114-532.21-00 STORM PUMP STATION 60 CANAL & MCNAMARA $17 $204 553-1114-532.21-00 subtotal: 59,264
WELL. SITE #1 477 ST LAWRENCE AVE Tank Intrusion. Alarm Equipment $17 557-1106-532.21-00 WELL SITE #2. 1201 co PARSONS AVE Tank intrusion Alarm Equipment $17 $204 557-1106-532,21-00 110_ WELL SITE #7 3362 MCKEE ROAD Tank Intrusion Alarm Eguipment $17 $204 557-1106-532.21-00 subtotal:

SOLID WASTE TRANSFER SITE NORTH HIGHWAY 59 & YOSEMITE. Intrusion 1 Alarm, 1 Keypad $204 671-1119-532.21-00 subtotal: $204
BID TOTAL: $1,632 319,584
7-ANTICIPATED NEW CITY FACILITIES (Well 7-NEW CITY FACILITIES (Well 112. Sites/Sewer Lift, Pump Stations/City Buildings). Sites/Pump Stations/City Buildings). Intrusion/Fire Miscellaneous Equipment $119 $1.428 TO BE DETERMINED GRAND TOTAL: $1,751 521,012

Page 4 of 4 ends

ATTACHMENT 2
Scope of Services
Scope of Services - The successful proposer shall furnish the following services:
1) The Contractor shall provide electronic monitoring of sensors installed at locations as identified. Locations requiring cellular telephone communication cards are identified on attachment.
2) The City shall provide the Contractor with a monthly call list for notification purposes. In the event of an alarm condition generated by any sensor, the Contractor shall immediately notify the City of the situation within 2-minutes. Successful proposer will receive contact information and procedures to follow.
3) The Contractor shall be responsible for the operation and maintenance of communicators at the identified locations, but shall not be responsible for the maintenance of City telephone lines or cellular connections.
4) If existing alarm equipment require reprogramming to accommodate system monitoring. all costs shall be borne by the Contractor.
5) Alarm equipment which cannot be reprogrammed due to age, incompatible equipment, or not solely owned by the city shall be replaced at contractor's expense unless arrangements are made with the City of Merced.

Note 1: It shall be the responsibility of the Contractor to evaluate all existing monitoring equipment or circuits prior to submittals to determine if it is compatible with their monitoring services. Failure to comply shall be considered a breach of contract and the City of Merced shall have the right to declare the service agreement null and void.

Note 2: All equipment replaced or installed by the Contractor shall become property of the City of Merced upon completion of installation.
6) No additional services or work shall be performed by the Contractor, unless approved in advance by the City, stating the dollar value of the services and method of payment. 7) If the City authorizes additional services or work to be performed by the Contractor, a separate purchase order will be issued specifically for the single job requested; and all alarm equipment installed shall meet applicable building code requirements, UL specifications for alarms, to include State and Federal requirements for commercial business alarm applications. NOTE: No services or work shall proceed prior to the issuance of the separate "= r
purchase order. Any work undertaken without a valid separate purchase order shall be a gift to the City of Merced.
8) The Contractor will bill the City on a separate invoice for other authorized work performed and shall include the purchase order number on the invoice.

All such services are to be coordinated with the City and results of the work shall be monitored by the City. The means by which the work is accomplished shall be the sole responsibility of the Contractor.

HOFFMAN ELECTRONIC SYSTEMS
Account Number: Multiple Acount Lner
Amount: # 21,02.00 per year

VERIFIED
BY: Winch
Finance Officer.

FINANCE ENTRY
Contract No: 301223
Vendor Number: 1749
P.O. Number: 138170
Funds Available:
budget. 1005/20121
04/29/20
FL 5/20120

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