HomeMy WebLinkAboutSCF&S Annual Agreement for inspection services (exp. 12.21.22)Space Coast Fire and Safety, Inc.
420 Manor Drive Merritt Island, FL 32952
www.spacecoostsately.com or E-mail Darren@spacecoastfire.ccm.
Office -321-783-1040 ° Fox -321-783-1516 " Cell -321-403-8895
"Your Safety Is Our Business"
"FIRE SERVICE PROPOSAL"
CUSTOMER INFORMATION
11128/17
Customer Name
Account Contract
Number Name
Contract
Phone
Email
Cape Canaveral City Hall
Todd Morley
868-1220
T.Modey@cityofcapecanaveral.crg
Billing Address Premises Address
105 Polk Ave PO box 3262 100 Palk Ave
City
State
Zip Code City
State
Zip Code
Cape Canaveral
FL
32940 Cape
Canaveral
FL
32920
INSPECTION SERVICESWEES
ONLY THOSE SERVICES CHECKED WILL BE PROVIDED
Check Inspection Service
Here
Location
Frequency
Cost Per Total Annual Cost
Inspection
Annual Fire Alarm
100 Polk
1
200.00
Annual Fire Sprinkler
100 polk
1
125.00
Annual Fire Extinguisher
100 polk
1
4,00 per tag
Quarterly Fire Sprinkler
100 Polk
3
75.00
Quarterly Wireless
Monitoring
100 Polk
4
135.00
Fire Back Flow
100 Polk
I
65.00ea
Domestic Back Flow
1
45.00ea
Extinguisher service call
Per visit
45.00
Total Fees; $0.00
Payment Terms: Net 10
SCOPE OF INSPECTION SERVICES
DURING EACH INSPECTION SERVICE, COMPANY WILL PERFORM ONLY THE INSPECTION SERVICE IDENTIFIED ABOVE AND
INSPECT ONLY THAT EQUIPMENT SET FORTH ON THE ATTACHED EQUIPMENT LIST. ALL INSPECTION SERVICES WILL BE
PERFORMED IN ACCORDANCE WITH THE APPLICABLE NFPA STANDARDS, AND/OR THE STANDARD OF CARE WHICH
OTHERWISE APPLIES TO THE INSPECTION SERVICE. FOLLOWING EACH INSPECTION, COMPANY WILL PROVIDE CUSTOMER
WITH AN INSPECTION REPORT, AND SEND A COPY TO THE LOCAL AUTHORITY HAVING JURISDICTION, IF REQUIRED. FOR
INSPECTIONS OF FIRE SPRINKLER SYSTEMS AND KITCHEN FIRE SUPPRESSION SYSTEMS, CUSTOMER SHALL HAVE AVAILABLE
TO COMPANY DURING EACH INSPECTION SERVICE ALL DRAWINGS, PIANS AND SPECIFICATIONS RELATING TO THE
APPLICABLE SYTEM AND THE LOCATION OF ALL DEVICES AND COMPONENTS TO THAT SYSTEM.
TERM/AUTOMATIC RENEWALS
The Initial Term of this Agreement is o One Year o Two Years Five Years from die date of this Agreement. After the Initial Tenn, and if
permitted by applicable law, this Agreement will automatically renew for successive terms equal to the Initial Term, unless either party gives to the
other at least sixty (60) days written notice of intention to terminate this Agreement before the expiration ofthe then applicable term. If the automatic
renewal is not permitted by applicable law, the term will continue after the Initial Tenn for the greater of (i) month to month; or (ii) the maximum
period permitted by applicable law.BY SIGNING BELOW, THE CUSTOMER PROMISES THAT CUSTOMER UNDERSTANDS THIS
AGREEMENT, INCLUDING THE GENERAL TERM OF THE REVERSE SIDE.
CUSTOMER:
COMPANY
Authorized Signature Daterl2 207kuthorized Signature pate
GENERAL TERMS
1. LIMITATION OF COMPANY'S LIABILITY. IF COMPANY IS
FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF
CONTRACT, BREACH OF WARRANTY, ANY DEGREE OF
NEGLIGENCE, NEGLIGENT MISREPRESENTATION, STRICT
PRODUCT LIABILITY, INDEMNIFICATION OR CONTRIBUTION, OR
ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL AND/OR
INTENTIONAL MISCONDUCT) ARISING IN ANY WAY FROM THE
INSPECTION SERVICES CONTRACTED -FOR UNDER THIS
AGREEMENT COMPANY'S MAXIMUM LIA.BIi.1'FY WILL BE LIMITED
TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00),
COLLECTIVELY FOR COMPANY AND SUBCONTRACTORS, AND
THIS LIABILITY SHALL BE EXCLUSIVE. COMPANY WILL ASSUME
A GREATER LIABILITY, BUT ONLY FOR AN ADDITIONAL CHARGE
TO BE AGREED UPON BY CUSTOMER AND COMPANY. IF COMPANY
DOES SO, A RIDER SIGNED BY BOTH PARTIES WILL BE ATTACHED
TO THIS AGREEMENT.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY
FOR, AMONG OTHERS, LAST PROFITS; LOST OR DAMAGED
PROPERTY; LASS OF USE OF PROPERTY OR THE PREMISES;
BUSINESS INTERRUPTION, GOVERNMENT FINES AND CHARGES;
PERSONAL INJURY OR DEATH; ECONOMIC AND NON -ECONOMIC
DAMAGES; PAIN AND SUFFERING; LOSS WAGES AND EARNING
CAPACITY; CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY
AND CONTRIBUTION; AND THE CLAIMS OF THIRD PARTIES, ALSO
COVERED BY THIS LIMITATION ARE THE FOLLOWING TYPES OF
DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL., AND PUNITIVE.
2. INSURANCEAVAIVER OF SUBROGATION. Customer
understands that the COMPANY IS NOT AN INSURER. Customer is
responsible for obtaining all insurance Customer deems necessary, including
personal injury and property damage. The payments Customer makes under
this Agreement are not related to the value of the Premises, or possessions or
People on the Premises. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW AND CUSTOMER'S APPLICABLE POLICY OF
INSURANCE, CUSTOMER RELEASES COMPANY FROM ANY
LIABILITY FOR ANY EVENT OR CONDITION COVERED BY
CUSTOMER'S INSURANCE. THIS PROVISION IS A WAIVER OF
SUBROGATION.
3. INDEMNIFICATION. THIS AGREEMENT IS INTENDED
ONLY FOR CUSTOMER'S BENEFIT. THEREFORE, CUSTOMER
AGREES TO PROTECT, INDEMNIFY, DEFEND, RELEASE AND HOLD
HARMLESS COMPANY (INCLUDING PAYMENT OF REASONABLE
ATTORNEYS' FEES AND COURT COSTS), FROMLIABIUIY AGAINST
ALL THIRD PARTY CLAIMS OR LOSSES (THAT IS, ANY PERSON OR
ENTITY WHICH IS NOT A PARTY TO THIS AGREEMENT) BROUGHT
AGAINST COMPANY WHICH IN WAY ARISE FROM OR RELATE TO
THE INSPECTION SERVICES. This Indemnity covers claims against
Company arising under contract, warranty, subrogation, Company's own
negligence (of any degree), negligent misrepresentation, strict product liability,
cross-claims or other claims for indemnification or contribution, or any other
theory of liability (except willful andlor intentional misconduct).
4. CUSTOMER"S )DIrMSIRESPONSIBILIT'IES. Company shall
only provide the Inspection Services during the contracted -far intervals.
Company will not provide Inspection Services between those intervals, unless
separately contracted in writing to do so. Customer is, therefore, solely
responsible for testing, inspecting, maintaining, and repairing the Equipment
subject to this Agreement, and all other alarm or fine
detection/protection/suppressiom equipment at the Premises, during the
intervals between the Inspection Services. Company assumes no liability for,
and is in no way responsible for, any damage or loss or any kind or nature
whatsoever, which may occur in the intervals between the Inspection Services.
It is the sole responsibility of Customer to contact Company to schedule the
Inspection Services at the contracted -for intervals. It is Customer's
responsibility to make the Premises address available to Company during
normal business hours (9:00 a.m. to 5:00 p.m.), or as otherwise agreed, so that
Company may perform the Inspection Services. This includes notifying and
making arrmgaments with any tenants of Customer for access as may be
required by Company to perform the Inspection Services. If Customer fails to
make the Premises available, or otherwise cancels a scheduled Inspection
Service, then Company reserves the tight, to charge Customer a $125.00 no
access or cancellation fee.
Company may require the non-technical assistance of one or more staff
member(s) of Customer to perform the Inspection Services, and Customer
agrees to provide staff members) as so required.
5. NO REPAIR OR REPLACE/COMPANY LIMITf{TIONS. The
Inspection Services are limited to the Equipment (and related devices and
components) which are readily and safely accessible to Company, and can be
accessed without undue restrictions at the time scheduled for the Inspection
Service. By way of examples, Company will not remove or open drywall or
closed ceilings; dismantle any mechanical or structural or non-structural unit;
move furniture, inventory, equipment, computers, fixtures or other personal
property of Customer; enter or inspect any concealed or inaccessible areas or
spaces, or enter or inspect within any confined spaces as defined by OSHA. If
Company is unable to perform an Inspection Service due to issues relating to
access, the Company reserves the tight, to charge the Customer a $125.00 fee.
Company will not repair or replace any Equipment, or otherwise be responsible
for any failure, problem or non-compliance with the NFPA, local authority
having jurisdiction, or other applicable codes, laws, guidelines or standards
discovered during rhes Inspection Services, unless Customer separately
contracts in writing with Company to do so for R separate additional fee.
While Company is performing the Inspectian Services, equipment at the
Premises may fail or malfunction through no fault of Company and, among
other things; water, suppression agent or other material may lock or be
discharged, Company assumes no liability orrespunsibilitywbatsoeverfor any
such failure, or any related real or personal property damage, inventory damage,
economic damage,business interruption, or other damages which may
result. Company will only repair, replace or clean up any damage from any
such failure, if contracted separately in writing to do so for an additional Inc.
THE INSPECTION SERVICES ARE NOT AN ENGINEERING REVIEW
OR ANALYSIS OF THE EQUIPMENT AND RELATED SYSTEMS.
RATHER, THE INSPECTION SERVICES ARE SOLELY INTENDED TO
PROVIDE NOTICE TO CUSTOMER OF THE OPERATIONAL
CONDITION OF THE EQUIPMENT AT THE TIME OF THE INSPECTION
SERVICE ONLY. THE INSPECTION SERVICES WILL NOT INCLUDE
INSPECTION FOR ANY RECALLED PRODUCTS.
6. NO WARRANTY. COMPANY MAKES NO EXPRESS OR
IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ANY AND ALL SUCH WARRANTIES BEING EXPRESSLY WAIVED BY
THIS PROVISION,
7. THE CUSTOMER'S DjF'AULTIRPMEDIFS. Customer agrees to
pay the Fees and Charges under this Agreement as and when due. If Customer
fails to pay, as agreed, Company will give Customer written notice of default..
If Customer does not cure the default within 10 days of the date of the notice,
Company can terminate this Agreement. If Company terminates this
Agreement, Customer must pay Company (a) all amounts then due and seventy
five percent (75%) of all amounts to become due and owing for the unexpired
term of this Agreement; and (b) Company's reasonable collection costs,
including attomeye fees and costs. Upon termination, Comparry shall have no
obligation whatsoever to perform any of Inspection Services.
In addition to the foregoing remedy, Customer agrees to pay Company a finance
charge of one and one-half (1-1l2%) percent (eighteen (1810) percent per year)
on all obligations not paid within ten (10) days of the due date, or the maximum
amount permitted by applicable law. In the event this Agreement is terminated
for any mason, then the following provisions shall survive the termination and
continue with frill force and effect; Limitation of Company's Liability,
InsmartceJWaiver of Subrogation, Indemnification, and Limitation of
Lawsuits Jury Trial Waiver.
Any default by Customer under this Agreement is a cress -default under any and
all other agreements between Customer and Company, and Company has all of
the rights and remedies available to it under any ether such agreement.
8. TRANSFERSIA$51Qh MENTS, Customer cannot transfer or
assign this Agreement without Company's consent. Company can transfer or
assign this Agreement, or subcontract any of its obligations, without
Customer's consent. Anyone to whom Company transfers, assigns or
subcontracts this Agreement or any of its obligations shall have all of
Company's rights under this Agreement, and Company will continue to have
all of its rights underthis Agreement.
9. LIMITATION N LAW JURY TRIAL WAIVER
Customer must bring any lawsuit against Company within one (1) year afterthe
rel; omission or event occurred upon which the lawsuit is based. If customer
does not, Customer has no right to sue Company and Company has no liability
for that claim. The discovery rule shall not apply to toll this one (1) year
contracted -for limitation period. Time is of the essence. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND
CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL.
10. MISCELLANEOUS. AFTER THE INITIAL TERM OF THIS
AGREEMENT, COMPANY MAY INCREASE THE FEES FOR SERVICES
BY NO MORE THAN TEN PERCENT (10%) BY GIVING CUSTOMER
THIRTY (30) DAYS ADVANCE WRITTEN NOTICE AND CUSTOMER
AGREES TO PAY THE INCREASED CHARGES.
This Agreement is governed by lata of the State where the Premises is located.
Customer warrants and represents that that person signing this Agreement has
the authority to do so, and in doing so Customer will not violate any other
agreement.
The terms and conditions of this Agreement shall prevaii over any other terms
and conditions of any order form, proposal, purchase order, or other agreement
submitted by Customer. It is the intent of the pasties that this Agreement, and
only this Agreement, shall govern the terms and conditions relating to the
Inspection Services. If any provisiou of tbis Agreement is found to be invalid,
the remaining provisions are still effective. This Agreement cannot bemodified
without the written consent of both parties.
This Agreement contains the entire understanding between Customer and
Company with respect to the Inspection Services, and replaces and supersedes
any other documents or discussions Company previously had with Customer,
THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS
AGREEMENT.
Throughout this Agreement, the use of the term "Company" includes its
employees and subcontractors.
[+11311011r,14 T1170 _11T f.9
I HAVE READ AND AGREE TO THE GENERAL TERMS
EQUIPMENT LIST j
[INSERT EQUIPMENT TO BE INSPECTED]
SK Fire Alarm
I]SC GSM
Sprinkler
Extinguishers