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Installation Addendum – City of Everett
<br />ADDENDUM TO SECURITY INSTALLATION, SERVICE AND PREVENTATIVE SERVICES AGREEMENT,
<br />AGREEMENT BETWEEN
<br />City of Everett AND RFI Communications and Security Systems
<br />FOR
<br />This amendment modifies the Security Installation, Service and Preventative Services Agreement (“Agreement”) which
<br />commences as of April 1, 2023 between City of Everett (“Subscriber”) and RFI Communications and Security Systems
<br />(“RFI”) as set forth below. Except as modified herein, the Agreement is in full force and effect as originally written.
<br />Update Entire Agreement whereas Preventative Services will be changed to Inspection and Testing.
<br />Remove Entire sections below:
<br />6.REPAIR SERVICE: Repair service pursuant to paragraph 4(b) (ii), includes all parts and labor, and RFI shallservice upon Subscriber's request the security system installed in Subscriber's premises between the hours of 7a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that serviceis required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration of thesecurity system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion,water, insects, vermin, lightning or electrical surge, or caused by any m eans other than normal usage, wear andtear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, softwareupgrades and repairs, communication devices no longer supported by communication pathways, obsoletecomponents and components exceeding manufacturer’s useful life are not included in service and will be repairedor replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to orconnected with the security system as originally installed without RFI's written consent.
<br />14.ALTERATION OF PREMISES FOR INSTALLATION: RFI is authorized to make preparations such as drillingholes, driving nails, making attachments or doing any other thing necessary in RFI's sole discretion for theinstallation and service of the security system, and RFI shall not be responsible for any condition created therebyas a result of such installation, service, or removal of the security system, and Subscriber represents that theowner of the premises, if other than Subscriber, authorizes the installation of the security system under the termsof this agreement.
<br />16.LIEN LAW: RFI or any subcontractor engaged by RFI to perform the work or furnish material who is not paidmay have a claim against purchaser or the owner of the premises if other than the purchaser which may beenforced against the property in accordance with the applicable lien laws.
<br />24.NON-SOLICITATION: To the extent not prohibited by California Business and Professions Code Section16600, Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in anycapacity, any employee of RFI assigned by RFI to perform and who performs any service for or on behalf ofSubscriber during the term of this agreement, any renewals thereof and for a period of two years thereafter. In theevent of Subscriber's violation of this provision, in addition to injunctive relief, RFI shall recover from Subscriberan amount equal to such employee's salary based on the average three months preceding employee'stermination of employment with RFI, times twelve, together with RFI's counsel and expert witness fees.
<br />Remove crossed out language in the sections below.
<br />5. Payment, Term of Agreement and Renewal:
<br />For 4(a) INSTALLATION: •Upon Contract execution, lump sum or fixed price contracts, RFI will require a deposit/down payment of30% of the contract value. Projects exceeding one calendar month will be billed for work completed during each month (progressive billing). Progressive Billing will include invoicing for engineering, labor, and/or programming prior to onsite installation and material stored at RFI. Payment is due 30 days from the date of invoice. Customer agrees to pay each invoice when due . In addition to all other rights and remedies available, RFI shall have the option to withhold any further shipments of material and/or the provision of any service, including but not limited to Technical Assistance, until Customer’s account is paid in fu ll. Further, in the event payment is not received according to terms, RFI may at its discretion, assess interest at the maximum rate allowed by law. Customer also agrees to pay reasonable attorney’s fees or agency commissions sustained by RFI in pursuit of payment. Any alteration or deviation from the above specifications involving extra cost will be made only upon written agreement and will become an extra charge over and above the estimate. If Extended Care Warranty is selected Subscriber will be invoiced for the entire contract amount upfront at the date of substantial completion. Additions to existing systems with Extended Care Plans will be pro -rated against the remaining duration of the current Extended Care Plan. All prices are valid for thirty (30) d ays. For 4(b) SERVICE AND REPAIR: Subscriber agrees to pay current published RFI rates on a per call basis. If this agreement provides for service on a per call basis,
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