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Home My WebLink About2002 Maintenance Agreement CITY OF SEBASTIAN A3-1'ENTION: FINANCE DEPARTMENT 1225 Main Street Sebastian, Florida 32958 Tel: (561) 589-5330 Fax: (561) 589-5570 ORDERPURCHASE# '}~3 }O';~',:]i;_~-O '± =v ~" "~ / IMPORTANT PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING NOTICES, BILLS OF LADING, PACKAGES, PACKING LISTS, INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING THIS ORDER. TAX EXEMPT # 41-04-012831-54C City A t t n VENDOR: 'IF~RRICE~WHtC~ISAPP~AIR~BELOW ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION PENDING ADVICE.. A I RF'ORT AD~; I N i STRAT I ON Iden'bi'fica1~ion ~adge and Acc~-~ss Cop,'t~-oi Software and equii::)men'r~ to ir'ict~de insl. al]~atic~n and tr'a~r'~ing 1 . 0 i 0()67. ~+(}OI I0 EA PO 'Total 6'7 ,, i 0,~ 06?. ACCOUNTNUMBER AMOUNT PURCHASING COPY Protection Plus MAINTENANCE AGREEMENT This maintenance agreement (Hereinafter called the "Agreement") entered into by SECURITY ONE SYSTEMS, INC. (Hereinafter called "SECURITY ONE") and Customer Name: Customer Address: Customer Contact: Customer Phone: City of Sebastian 1225 Main St., Sebastian, Florida 32958 772-388-8208 (Hereinafter called the "Customer") is effective during a five year (5) year term starting on the first anniversary of the completed installation date of the Pro-Watch I. D. Badging System, and shall encompass the following: 1. SECURITY ONE agrees to maintain in operable condition, the system and all the components shown on the attached proposal to be installed at the Sebastian Airport in Sebastian~ Florida under the terms and conditions of our proposal dated _11-5-02 and at the fee set forth below. Security One Systems shall obtain and provide to the City of Sebastian all software upgrades during the life of said agreement. This proposal does not include consumables such as printer ribbon, and cleaning cartridges for the badging station. (a) SECURITY ONE Protection Plus Service as defined in this Agreement consists of ALL PARTS - ALL LABOR with all work performed during regular work hours (8:30 am to 4:30 p.m.) Monday through Friday except holidays. (b) SECURITY ONE Protection Plus Service includes Two (2) preventative maintenance inspections, all service calls, bench work not covered by manufacturers warranties, and cost of labor necessary for the operation of the equipment described on said attachment. (c) SECURITY ONE Technicians will provide PRIORITY SERVICE response for all Protection Plus clients within (8) business hours of SECURITY ONE receipt of service call. (d) SECURITY ONE will provide Guaranteed Service Resolution within (24) hours, to ensure minimum system downtime. Resolution includes service replacement "Loaners" or new Euipment based on availability and nature of service requirements. (e) SECURITY ONE will provide 24 hour Technical Support for all non emergency technical questions. Service requested by the Customer for work not covered by this Agreement or for work during hours not covered by this Agreement will be billed to the Customer at SECURITY ONE labor rates quoted in our proposal dated __11-5-02 , plus parts. 4. This Agreement shall be paid for a period of five (5) years with a monthly payment of $. 76.39 paid quarterly, in advance. SECURITY ONE will send an invoice to the Customer in accordance with the above payment schedule. The terms of all invoices will be net thirty (30) days. Invoices not paid within thirty (45) days after receipt shall result in the cessation of maintenance services until payment is received. Service shall resume the same day payment is received. No credit shall be given for days which no service was performed due to late payment. State Licensed EF0000120 Security One Systems, Inc. - Maintenance Agreement - 2 10. lt. Prices set forth above do not include any sales tax, use excise personal property or other similar taxes or any fees or assessments applicable to the maintenance or use of equipment or licensing of Software. Customer will either pay or reimburse for amounts paid by SECURITY ONE for any taxes, however designated hereinafter levied, imposed or based on the maintenance or use of equipment or Software, including federal, state and local privilege, excise or personal property taxes. Should any taxing authority change the tax rate percentages during this Agreement, the Customer will pay the new tax rate. This paragraph does not apply to tax exempt customers who provide a tax exempt certificate. This Agreement does not apply to expendable supplies, such as, but not limited to, video tapes, access control system cards, printer paper, and printer ribbons, nor does it apply to damage to equipment, damage to premises or other damage or injury resulting from misuse or abuse of the equipment or failure to follow operating instructions furnished by the manufacturer of the equipment. This Agreement does not include service calls or repairs caused by damage resulting from maladjustment, lightning, vandalism, settling of walls or foundations, malfunctions caused by work performed by other than a SECURITY ONE representative, failure of foreign interconnection equipment, riots, civil disorders, acts of God, fire, flood or other casualty. Further, this Agreement does not apply: To any malfunction or breakdown of equipment which is not installed to the manufacturer's specifications; To equipment which utilizes supplies or expendable items such as, but not limited to, video tapes, access control system cards, ribbons or journal paper which do not meet manufacturer's specifications; To any equipment not included on the attached equipment list; or to equipment which is attached to, wired or connected to the equipment listed on the attached equipment list. Customer agrees that the attachment wiring or connection of any such equipment which, as deemed by SECURITY ONE affects the tolerance or proper function of said equipment, may cause termination of this Agreement or an adjustment of the payment amount. Customer agrees not to modify equipment nor to use additional devices or attachments with the equipment without proper written consent of SECURITY ONE. This Agreement does not apply to repair or maintenance of 110V NC power or interconnecting cable, or service calls caused by power failures, SECURITY ONE is in no manner responsible for providing normal electric current and Standard electrical outlets convenient to the mounting place of any unit required to be serviced under this Agreement. SECURITY ONE shall make every reasonable effort to obtain replacement parts that are required for the operation of the equipment under this Agreement. However, SECURITY ONE is not responsible for any loss of use of the equipment maintained under this Agreement because of delays in obtaining parts beyond the control of SECURITY ONE and no adjustment in the rates charged or length of this Agreement will be made for such delays which are beyond the control of SECURITY ONE. In no event will SECURITY ONE be liable for any incidental or consequential damages arising out of the system problems or failure, including without limitations, but not limited to, loss of use, profit, or theft of property owned by and/or located at Customer's premises. Replaced parts necessary to repair of equipment owned by Customer and covered by this Agreement shall become the property of SECURITY ONE. In the event that it is no longer economically feasible to repair a piece of equipment (system component, i.e. lens, camera, VCR, monitor) due to age, environment, etc. SECURITY ONE will suggest that you purchase a new one from any source you choose. Security One Systems, Inc. - Maintenance Agreement - 3 12. SECURITY ONE, INC. COVENANTS AND AGREES TO RENDER THE SERVICE AND FURNISH THE PARTS ON THE DESCRIBED EQUIPMENT ONLY AND SECURITY ONE, INC. MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WHICH EXTENDS BEYOND THE DESCRIPTIONS CONTAINED HEREIN. SECURITY ONE, INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE VALUE, DESIGN, CONDITION, MERCHANT ABILITY OR FITNESS FOR USE OF ANY OF THE PROPERTY. SECURITY ONE, INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO ANY PERSON OR PROSPERITY WHICH THE SYSTEM MAY BE DESIGNED TO DETER, AVERT OR PROTECT AGAINST. 13. Customer agrees to indemnify SECURITY ONE and hold them harmless from any and all claims for the above and for claims by third parties, including attorney's fees, that arise out of Customer's possession and/or use of the equipment covered by this Agreement. In the event a court of competent jurisdiction rules that any limitation of SECURITY ONE liability under this Agreement is not enforceable as contrary to public policy or otherwise. Customer agrees that the maximum liability which may be claimed against SECURITY ONE SHALL BE LIMITED TO AN AMOUNT EQUAL TO TWO MONTHS PAYMENTS FOR THE MAINTENANCE SERVICES COVERED BY THIS AGREEMENT. CUSTOMER has read this Agreement and understands all paragraphs are part thereof. IIX[,_WlTNESS WHEREOF, the parties hereto have executed this Agreement this q~Z~day of-~..~O~ .2003 S~rity One'~¥st~s, Inc. Y " Title "' D~te