HomeMy WebLinkAbout5.778 Original Contract
~ (1/W2008) BeCky Upton- Fwd:***CancellatiorlNotice*""
.5. 77~
PageJ]
From:
To:
Date:
Subject:
Steve Romberg
Becky Upton
1/24/2008 1:56 PM
Fwd:
Here you go. Thanks!
>>> Steve Snediker <Steve.snediker@nice.com> 1/24/20081:06 PM >>>
Steve,
This email is to inform you that your service with NICE systems has been deactivated. Usually we require a notice before
you switch to another provider. I had reached out to you prior to the end of your maintenance term, and you had informed
me that you had switched providers. I then in turn entered this information in our system and you next term's agreement
was set to be declined. Please make contact with me if, indeed, coverage from NICE Systems becomes necessary in the
future.
Thanks,
Steve Snediker
Business Services Administrator
NICE Systems Inc, United States
(T) (720) 889-8662
(F) (415) 962-5960
steve .snediker@nice.com
5.772
Maintenance Services A~reement
This agreement ("Agreement") made this Jst_ day of _March 2006 (the "EffectIve Date"), by and between NICE
Systems Inc , a Delaware corporation, havmg its principal offices at 301 Route 17 North, 1 el' floor, Rutherford, NJ 07070
("NICE") and Port Angeles City , a _ Washmgton corporation, having its principal offices at321 E. 5th St.
Port Angeles, W A _98362 ("Customer")
WHEREAS, Customer has purchased from NICE certain ct}Ulpment ("EqUipment"), lIcenses to certain NICE
proprietary software ("NICE Software") and lIcenses to third party software ("ThIrd Party Software") (collectively, the
"Products" and individually, each an "IndIVIdual Product"); and
WHEREAS, NICE and Cuslomer wish to enter into an agreement for the provision of maintenance and additIOnal
servIces by NICE to Customer for the Products all as descnbed m this Agreement;
NOW, THEREFORE, in conSideration ofthe mutual covenants and agreements contained hereimnd intending to be
legally bound hereby, the partIes hereby agree as follows:
1. Scope of Services
1.1 Customer shall purchase from NICE, and NICE shall provide to Customer, directly or through its agents or
subcontractors, at the Customer installation site ('Site"), the maintenance services ("Maintenance Services") and the additional
services ("AdditIOnal Services") set forth and attached hereto as Exhibit AlA ("Service Level Agreement"), subject to the
terms and conditions set forth in thIS Agreement. The Maintenance Services and the Additional ServIces are referred to herein
collectively as the "Services"
1.2 The followmg services shall be deemed to be outside the scope ofthis Agreement and NCE shall not provIde
Mamtenance Services for any of the following:
(a) Electrical work external to and not connected with any Products covered hereunder;
(b) Repairs that NICE cannot perform due to the connection of any relevant Individual Products[NICE note:
defined above m the first recital.] by mechanical or electrical means to another machine or device and/or the physical
maccesslbility of such IndIvidual Products
(c) Maintenance of any server, hardware, equipment, alterations, attachments and/or other devices not furnished
by NICE ("Non-NICE Hardware") excluding maintenance of ThIrd Party Software performed in accordance with the terms of
the license agreement for such Third Party Software; and
(d) upport for other devices connected to, or support for the connectivity of such devices to the same network or
phone switch as the Products hereunder, if such deVIces were not included m the List ofProducts. Any problem resultmg from
the misuse, improper use, alteratIOn, or damage of the Products;
(e) Any problem caused by modifications m any versIOns of the Products not made or authonzed by NICE;
(f) Any problem resulting from programmmg other than the Products;
(g) Any problem resultmg from the combination ofthe Products with such other programming or NOllNICE
Hardware to the extent such combination has not been approved by NICE;
In the event that NICE attempts to diagnose or correct any of the problans described m Section 1.2, or diagnose and/or correct
any problems with Non-NICE Hardware, such services shall be considered Additional ServIces and Customer shall pay for such
AddItIOnal Services m accordance with the terms of thiS Agreement
1
NICE MAINTENANCE SERVICES AGREEMENT
Verso 111805
2. Term of Agreement
2.1 This Agreement is effective as of the Effective Date and will continue In full force and effect for an initial term of one
(I) years thereafter ("Imtial Term"). Upon the expiration ofthe Imtml Term, this Agreement will be extendedautomatically for
additIOnal periods of twelve (12) months (each a "Renewal Term") unless, at least ninety (90) days prior to the conclusion of the
Initial Term or the then current Renewal Term, either party furnishes the other with a written notice oftrmination, which notice
shall be effective at the conclusion ofthe then-current term. The Initial Term and any Renewal Terms are referred to herein
collectively as the "Term."
2.2 In the event NICE makes changes to an Individual Product, discontimes an Individual Product, or ceases to make such
IndiVidual Product available to its customers generally, pnces for Maintenance ServIces for such IndivIdual Product shall remain
in effect to the end of the Imtlal Term or the then current Renewal Term orly.
3. Fees for Services
3.1 The prices and fees for the ServIces during the Initial Term are listed on the Pnce List. Prices and fees for a portion of
a month will be prorated on the basis of a thirty (30) day month. NICE may, by givIng notIce at least 91 ciys prior to the first
day of any Renewal Term, update the list of prices and fees for the Services and provide Customer with a written copy of the
updated Price List, which such updated Price List shall be deemed to be an amendment to the Price List andncorporated herein
as of the first day of such Renewal Term.
3.2 Charges for the Maintenance Services are due and payable annually, in advance, on the Effective Date and each
anniversary thereof Additional ServIces will be billed on a monthly basis and such charges will be due and payable within
thirty (30) days following the date of receipt of NICE's invoice.
4. Confidential Information and Non-Disclosure
4.1 The term "Confidential Information" shall include all information provided by each party to the other plrty, or theIr
affiliates, employees, officers, directors, agents or representatIves, including WIthout limitation the terms and conditions of this
Agreement, the NICE Software, the Third Party Software, and any and all of a party's deSIgn specificatIOns, daWIngs, written
manuals, software programs, business plans, financial information, technical and marketing information and evaluations, service
plans and customer information designated as confidential or otherwise which by its nature should be considered confidential.
For purposes herein, a party dIsclosing information shall be deemed the "Disclosing Party" and a party receiving information
shall be deemed the "ReceIVIng Party." Confidential Information shall not include informationwhich can be demonstrated: (a)
to have been nghtfully in the possession of the ReceivIng Party from a source other than the Disclosing Party pnor to the time of
disclosure of said information to the Receiving Party ("Time of Disclosure"); (b) to have ben in the public domain pnor to the
Time of Disclosure; (c) to have become part of the public domaIn after the TIme of Disclosure by a publication or by any other
means, except an unauthorized act or omission or breach of this Agreement on the part of theReceiving Party, or ItS employees;
(d) to have been supplied to the Receiving Party after the Time of Disclosure without restriction by a thIrd party who is under no
obligatIOn to the Disclosing Party to maintain such information in confidence; (e) to berequired to be disclosed by law or court
order, provided that the Receiving Party shall use best efforts to provide the Disclosing Party with prompt notice sufficient for
the DisclOSIng Party to have a reasonable opportumty to prevent such disclosure andshall use best efforts to limit the
information to be dIsclosed, or (t) to have been Independently developed by the Receiving Party, provided that any persons
develOPIng same have not had access to Confidential Information and have written evidence demon~tIng such Independent
development
4.2 Subject to the requirements of the applicable WashIngton public records disclosure law, in consideratIOn of the
WIllingness ofthe DIsclosing Party to disclose Confidential Information to the ReceiVIng Party, the Receving Party hereby
agrees (a) to use or disclose Confidential InformatIOn only for the purpose authonzed In wntIng by the Disclosing Party, (b) to
use all reasonable precautIOns, includIng without lImitation reqUIring any affiliates, employees, officers,(hrectors, agents or
representatives of the Receiving Party with access to Confidential Information of the ReceiVIng Party's obligations under this
Section to keep Confidential InformatIOn secret and to prevent ItS disclosure to third parties without theprior written consent of
2
NICE MAINTENANCE SERVICES AGREEMENT
Verso 111805
the Disclosmg Party, (c) to refrain from copymg or distnbuting such Confidential Information withm the Receiving Party's own
organizatIOn except on a limited "need to know" basis, and (d) to return all documents containing Confdential Information
promptly upon the request of the Disclosing Party In any event, ConfidentIal Information shall be protected by the ReceIving
Party wIth the same degree of care as the Receivmg Party uses for its own ConfidentIal InformatIOn, but ndess than a
reasonable degree of care.
4.3 If the Receiving Party or any of its affiliates, employees, officers, directors, agents or representatIves shall attempt to
improperly use or knowmgly dIsclose any of the Confidential InformatIOn, the Disclosing Paty shall have the right, in additIon
to such other remedies which may be available to it, to mJunctive relief enJoinmg such acts or attempts; it being acknowledged
that legal remedIes are inadequate.
5. Ownership of Proprietary Data and Software
Customer acknowledges and agrees that the license of any software to Customer is a limited right to use such software and does
not constitute a sale of such software to Customer. All right, title and interest in and to all NICE Software, Third Party Software
or any other proprietary software provided to Customer by NICE, and to all modifications or enhancements to said software,
associated documentation, and other work product of NICE or a third party proVIded to Customer in connection with the
Services proVIded hereunder includmg but not limited to any object code, source code, flow charts, documentation and any other
materials developed under this Agreement and any modifications or enhancements iliereto and all applicable patents, copyrights,
trademarks and trade secrets and other intellectual property rights including translatIOns, compIlations, partial copIes with
modIficatIOns and derivatIve works are and shall remain the sole and exclusive property of NICE or the third party software
manufacturer. Customer ffi.all not assign, sublicense, transfer, pledge, lease, rent or share rights under any license agreement
provided hereunder, unless expressly permItted under such license agreement. Customer shall mamtain the software licensed
hereunder in confidence, takereasonable steps to prevent unauthonzed copying or disclosing, and treat the software licensed
hereunder as Confidential Information.
6. Warranty
6.1 NICE represents to Customer iliat all Services provided to Customer hereunder WIll be performed in a workmarike,
carefulmanner, consIstent with the standards of industry professionals performmg similar services
6.2 THE WARRANTY SET FORTH IN SECTION 6.1 IS A LIMITED WARRANTY AND IT IS THE ONLY
WARRANTY MADE BY NICE UNDER THIS AGREEMENT. NICE EXPRESSLY DISCLAIMSAND CUSTOMER
HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. NICE DOES NOT WARRANT THAT
THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR WILL BE UNINlERRUPTED OR ERROR-FREE, OR
THAT ERRORS WILL BE CORRECTED NICE'S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR
OBLIGATIONS OF NICE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED
UNDER THIS AGREEMENT EXCEPT FOR THE ABOVE LIMITED WARRANTY, THE ENTIRE RISK OF THE
SERVICES IS WITH CUSTOMER
7. Limitation on Liability
IN NO EVENT SHALL NICE BE LIABLE TO CUSTOMER, ITS EMPLOYEES, AGENTS OR ANY OTHERPERSONS
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF OR DAMAGE TO RECORDS OR DATA,
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, REVENUFANDIOR PROFITS,
SUSTAINED OR INCURRED REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR
OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY, INDEMNITY OR
OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN iND REGARDLESS
OF WHETHER NICE HAD RECEIVED NOTICE OR HAD BEEN ADVISED, OR KNEW OR SHOULD HAVE KNOWN,
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WITHOUT LIMITATION OF THE FOREGOING, NICE'S
MAXIMUM LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY
3
NICE MAINTENANCE SERVICES AGREEMENT
Vers.111805
LEGAL FEES OR EXPENSES) INCURRED BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT SHALL NOT
EXCEED (A) IN RESPECT OF MAINTENANCE SERVICES, THE FEES FOR MAINTENANCE SERVICES, WITH
RESPECT TO THE INDIVIDUAL PRODUCT GIVING RISE TO SUCH LIABILITY, ACTUALLY PAID TO NICE BY
CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATEL Y PRECEDING THE EVENT CREA TING
SUCH LIABILITY; OR (B) IN RESPECT OF ADDITIONAL SERVICES, ALL AMOUNTS ACTUALL Y PAID TO NICE BY
CUSTOMER WITH RESPECT TO THE RELEVANT ADDITIONAL SERVICES GIVING RISE TO SUCH LIABILITY
DURING THE TWELVE (12) MONTH PERIOD IMMEDIA TEL Y PRECEDING THE EVENT CREATING SUCH
LIABILITY IN NO EVENT SHALL NICE BE LIABLE FOR ANY CLAIM THAT AROSE MORE THAN ONE (1) YEAR
PRIOR TO THE INSTITUTION OF SUIT THEREON.
8. Termination by NICE
8.1 Customer shall be deemed to be m default of thIs Agreement and NICE shall have the right to terminate this
Agreement:
(a) Upon fifteen (15) days prior written notice in the event that Customer, or its employees or agents breaches
any matenal proviSIOn of this Agreement, including WIthout limitatIon the provisions regarding confidentiality and ownership;
(b) In the event Customer terminates or suspends its business; or
(c) In the event that Customer avails itself of or becomes subject to ary bankruptcy proceeding under the
Federal Bankruptcy Code relating to insolvency or the protection of creditors, and such proceeding is not dismissed WIthin
ninety (90) days from its commencement
8.2 In addItion to the right to cancel this Agreement pursuant to thIS Section, NICE shall have the right to reimbursement
for its reasonable and proper cancellation charges, including without limitatIOn any applicable fees for AdditIOnal Services, and
any other costs and expenses, mcurred in connection with terminaton. In the event of termination under this Section, Customer
shall continue to be obligated for any payments due under thIS Agreement, including without limitation any unpaid fees for
Maintenance Services or Additional Services.
9. Termination by Customer
9.1 Customer shall have the right to terminate this Agreement by providmg to NICE a written "Notice of Termination for
Default" in the event of and specIfying one or more of the following causes or circumstances:
(a) Upon sixty (60) days prior written notice in the event that NICE, or its employees or agents breaches any
material provision of this Agreement; or
(b) In the event that NICE avails itself of or becomes subject to any bankruptcy proceeding under the Federal
Bankruptcy Code relating to insolvency or the protection of credItors, and such proceedmg is not dismissed within ninety (90)
days from its commencement.
10. Force Majeure
NICE shall not be liable for, nor be deemed to be in default by reason of, any delay or failure in the performance of its tasks (or
any part thereof) under thIS Agreement, when such delay or failure is caused, in whole or in part, by circumstances constitutmg
force majeure, includmg Without limitation, an act of god, war, riot, strike, fire, flood or or failure or delay on the part of
subcontractors, suppliers or carners, change in governmental regulations, or any other cause or circumstance, direct or indirect,
beyond NICE's reasonable control. Such failure or delay, to the extent it retards NICE's performance of the Services or any other
undertaking under this Agreement, will extend the time for performing the same for as many days beyond the applicable
performance date as IS reqUired to correct the effects of suchforce majeure event
4
NICE MAINTENANCE SERVICES AGREEMENT
Vers 111805
11. Personnel
It is expressly agreed that NICE and Customer are actmg hereunder as independent contractors and under no cIrcumstances shall
any of the employees of one party be deemed the employees of the other for any purpose. ThisAgreement shall not be
construed as authonty for either party to act for the other party m any agency or other capacity, or to make commitments of any
kmd for the account of or on behalf ofthe other except to the extent and for the purposes expressly l'ovlded for and set forth
herein. Customer agrees dunng the Term of this Agreement and for a one (1) year period followmg the termination of this
Agreement to refrain from directly or indIrectly hIring or seeking to hire any employee, subcontractor or onsultant of NICE, or
in any other manner attempting, directly or indIrectly to influence, induce, or encourage use, collect or disclose to any person,
corporation or other entity any information concernmg the names and addresses of NICE's employees, subontractors,
consultants or customers, except as required by lawFor the avoidance of doubt, a general advertIsement or simIlar general
solicitatIOn shall not be deemed to be a violatIOn of this provIsIOn
12. Miscellaneous
12.1 Notices. All notices and requests m connection with this Agreement shall be given or made to the respective parties m
writing and shall be deemed to be given as of the day such notice or request is deposited in the U. S. mails, postage pnpaid,
certified or registered, return rerelpt requested or by signed facsimIle transmissIOn with proof of transmission, and addressed as
follows:
NICE:
NICE Systems Inc.
301 Rt. 17N, 10th Floor
Rutherford, NJ 07070
Attention: Legal Department
Customer
City of Port Angeles
321 East 5'h Street
Port Angeles, W A 98362
Attention: City Attorney
Notice also may be delivered as indicated above to such other address as a party hereto designates in writing to the other party.
12.2 Billmg Contact. For purposes of bIlling, all inVOIces to Customer should be directed to Customer's billing contact
designated m the applicable order or, if no billing contact is designated in an apphcable order, to:
Name'
Title:
Address:
Communications Manager
c/o Port Angeles Police Department
321 East 5'h Street Port Angeles, W A 98362
Telephone360-417-4911
12.3 Entire Agreement, Interpretation. This Agreement is the complete and exclusive statement of the agreement between
the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between
the parties relatmg to such subject matter which may have been agreed or discussed by the parties prior to execution of this
Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by authorized
representatives of each of the partIes hereto. In the event of any conflict or difference between thIS Agreement and any order or
other writing attached hereto and incorporated herem, or any other documentation provided to Customer by NICE, the terms and
conditions of thIS Agreement shall prevaIl.
12.4 Assignment Customer may not assign, WIthout the prior written consent of NICE, its rights, duties or obligations
under this Agreement to any person or entity, in whole or in part Customer agrees that NICE shall have thtright to assign ItS
nghts, dutIes or obligatIOns under this Agreement to any person or entity, in whole or m part, as long as the assIgnee is capable
of adequately performmg the nghts and duties so assigned, as proVIded for herein
5
NICE MAINTENANCE SERVICES AGREEMENT
Vers 111805
12.5 No Waiver. No delay or fmlure of either party in exercIsing any rights hereunder and no partial or single exercise
thereof, shall be deemed to constitute a waiver of such nghts or any other rights hereunder.
12.6 Enforceability. If any provision of this Agreement shall be held b be invalId, Illegal or unenforceable, the validIty,
legalIty and enforceability of the remaimng provIsIOns shall in no way be affected or impaired thereby and shall contmue in full
force and effect. To the extent that any provision hereof is deemed tobe unenforceable under applicable law, it shall be replaced
by an enforceable provision to the same or nearest possible equivalent effect.
12.7 Captions. The captions herein are for convemence of reference only and shall not lImit, extend or otherwise affecthe
meaning hereof.
12.8 Governing Law. This Agreement and performance hereunder shall be governed by and construed m accordance with
the laws of the State of Washington. . It is expressly agreed by the parties hereto that thIS Agreement shall not be governed by
the provisIOns ofthe Convention on International Sale of Goods.
12.9
Sections 3,4,5,6,7, and 12 shall survive the termination or expiration of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement, through their duly authorized representatives, on
the date first set forth herein above.
NICE SYSTEMS INC
By: ~aj\.J...'-~
Customer
Name: Karen Durden
Bylt{....LC1~
Name: MP-~ E MAosc,.)
TItle: Busmess ServIces Director
TItle: C;,
1}~
MANAG,fi:L
Date: ~/~d/OV
Date:
6
NICE MAINTENANCE SERVICES AGREEMENT
Vers 111805
Exhibit A-l(A)
MAINTENANCE Services
VersIOn #. 111805 Release
This Maintenance ServIces Plan (this "MSP") sets forth the terms for software and hardware maintenance coverage on the Products (other than
healthcare/lVS related-products) purchased, leased or rented by Customer in accordance with the agreement by and betweeINICE and
Customer to whIch this exhibIt IS attached. All capitalized terms used and not otherwise defined herem shall have the same meanings assIgned
to such terms m the agreement by and between Customer and NICE, to which thIS MSP IS attached.
OPTION 1- STANDARD 8x5 COVERAGE
1. Mamtenance Availability For a period not to exceed five (5) years from the date of origmal sale, and subject to the terms and condItIOns
hereof, NICE Corporation ("NICE") will maintain, for the onginal purchaser ("Customer"), the NICE supplied hardware (the
"EqUIpment") and NICE supplIed software (the "Programs," collectIVely with the Equipment, the "Products") covered hereby in an
efficient operating condItion (subject to the limitations of licensed third party software), mcluding software "bug" fixes, patches, or shop
repaIrs or overhauls if deemed necessary by NICE pursuant to this Assured Performance Plan ("APP"), optIOn (I or II) as selected by
Customer. Service contemplated hereby is on a year-to-year basis at the prevailing maintenance rate each year or as may otherwise be
provided herein, provided that the Products are placed under this MSP within one year from date of original sale, and this MSP IS
continued in force without lapse. Any renewals or extensIOns of this MSP beyond the initial five year availability period described above
shall be mutually agreed upon by NICE and Customer.
2 All necessary replacement parts will be furnished to Customer by NICE without charge, except when replacement IS required because of
(i) fire, flood or other casualty, accident, abuse, misuse, mishandlmg, power line fluctuatIOns, computer viruses un attributable to NICE, or
use of recording media, disks, ribbons, printwheels, or consumables other than a type or specificatIOn recommended by NICE or (ii) use or
operation with equipment, systems, peripherals or software not supplIed to Customer by NICE. The labor cost for repair or replacement of
record or reproduce head assemblies associated WIth multichannel recording and reproducmg equipment is covered by thIS APP.
3 No charges will be made for necessary servIce calls during NICE's Normal Working Hours, except when caused by the events listed above
in SectIOn 2. NICE wIll not be obligated to proVIde service outside of NICE's Normal Working Hours unless Customer has selected
Option II. Service calls after NICE's Normal Workmg Hours will be charged at NICE's then standard hourly overtime rates unless
Customer has selected Option II. Normal Working Hours are defined as: 8:00 a.m. (0800 hours) to 5:00 p.m. (1700 hours), Monday
through Friday, excluding U.S. federal holidays.
4. Problems caused to the Products covered by this MSP by (I) any non-NICE software used with Equipment by Customer or (ii) the use or
operatIon of any equipment, systems, peripherals or software not supplied to Customer by NICE, are not covered hereunder. This
includes, but IS not limited to, unauthonzed modifications to the Products or the environment that cause the Products to malfunction,
computer viruses unattributable to NICE. NICE's representative, at Customer's request, will attempt to correct any problem contemplated
by this Section and restore the Programs or Equipment covered by this MSP to original operatmg condition at the then current standard
hourly rate.
5. On applIcable systems, software support, mamtenance upgrades, and replacement of existing Programs dunng Normal Working Hours is
included. Twenty-four (24) hour dIagnostic monitoring via the ServIce Our System (S.O.S.) call response feature is mcluded. On-sIte
response to after-hours S.O.S. calls for Option I coverage will be during Normal Working Hours of the next business day.
6. Supplies such as expendable batteries, recording medIa, dIsks, printwheels, or other consumables, such as printer maintenance kits, are not
covered under this APP.
7. The MSP rates to be charged are subject to change if Equipment is moved to a dIfferent service area.
8. Unless otherwise specified in this agreement by and between NICE and Customer, the inItial term of this MSP shall be for a period of one
(1) year (the "Initial Term") and WIll automatIcally be renewed for four (4) additional one-year pen ods unless canceled by either party at
the annual renewal date by givmg thIrty (30) days' prior written notice.
9 This MSP may be canceled by NICE if recordmg media, disks, accessones, attachments, or consumables other than the type or
specification recommended by NICE are used, or if any modifications are made to the Equipment and/or Programs by anyone other than
authorized NICE personnel, including, but not limited to, Customer, or Customer's agents, employees, or contractors.
Page 7 of 8
10. Additional Service fees shall apply to services that are not mcluded m the Maintenance Services, including but not limitedo, services
provided by NICE Maintenance Personnel to Customer outside of Normal Working Hours; service provided for Products that have been
altered or modified without NICE's authonzation; or for services provided for Products that have been damaged 1y (I) neglect,
mishandling, misuse and/or unauthorized repmr by anyone other than NICE or a NICE certified technician, (ii) failure to maintam the Site
m accordance with NICE's mstallatlOn site specifications ("InstallatIOn Site Specifications"); (iilJelocation from the Site specified by the
parties; (iv) use by anyone other than NICE or a NICE certified techmcian for purposes other than those for which it was designed, as
described m the applIcable documentation, Operatmg Manuals and/or specificatons provided by NICE; (v) use by anyone other than
NICE or a NICE certified technician ofmatenals or supplIes, including without limitation software and firmware programming, that do not
meet NICE's specificatIOns and instructions; (vi) use ofthe ProdlCts with any Non-NICE Hardware and/or (vii) an accident,
transportation, improper cooling or humidity control, failure of telephone equipment or communication lines, fmlure or fluctuation of
electrical power, other unusual physical or electrical stress anl/or fmlure of mterconnect eqUIpment not provided by NICE or a NICE
certified technician
Price List
Annual Cost - $
OPTION II - AFTER-HOURS COVERAGE (24 by 7 Coverage)
OptIOn II -Expands the standard Option I coverage for Equipment and/or Prolrams to also include:
1. Response to emergency service calls twenty-four (24) hours a day, seven (7) days a week, including U.S. federal holidays. An emergency
service call is defined as an Equipment and/or Programs failure causing a complete shutdown or partial shutdown that would cause the
Products to operate m a degraded mode which would not allow access to the Products for recording and/or inquiry purposes. Note: FaIlure
of individual work stations or their associated accessones and general mainteance are not considered an emergency.
2. After-hours replacement of software revisions intended to correct software "bugs" so as not to interfere with Customer's daily routine.
Price List
Annual Cost - $12,691 24 * 7, with SMA
** Quote attached
Additional Services
NICE's current published Labor Rates
Page 8 of8
NICE
NICE CRS Solution
Customer Name: Port Angeles City
Contact:
Install Address: 321 E 5th St
Invoice To Address: Port Angeles City
321 E 5th St
Port Angeles, WA 98362-3206
Bus. Servo Admin: Barbara Bisson Ph 321-727-7260
Term: 3/1/06-2/28/07
Description
Maintenance Proposal for the following
Hardware & Software
NICE Part #
0428357
0428133
0428742
0428817
M17LCD-D01
OFREPAK
OFRECHK
Description
Analog Coupler Board
Compression Module - 4 Port
3COM 5 Port Hub
MOnitor, 17 S720 carbon slvr
MONITOR171N TFT7020 W-SPKRS-DT
Freedom System Software Pack
Adding Call Check Capability To Exlsling Recorder
0428742
00FWS20-02D
05ABOOO
FROSIT-025
05ABbOOO
HUB, 5 PORT 3COM
Freedom Workstalion, WS-Wlndows
Freedom Combo Recorder Mirrored Option
FREDOM OMS APPLICATION 25 SITE
Freedom Combo Recorder Mirrored Oplion
Maintenance Options
Annual Maintenance ~ Monday ",Friday, 8 - 5
Annual "Mamtenlmce " Monday :'Fnday, 8 - 5 With SMA'
Annual Maintenance - 24 . 7
Annual Maintenance - 24' 7, with ,SMA
Quote Number: 020806bb01
Quote Date: 8-Feb-06
System #: 40,001,36000
City, State: Port angeles, WA 98362-3206
Naomi Riggins
Tel: 360-417-4911
E-mail: nnmllns(ii)cllyofpa us
Tel:
E-mail:
Qty
6
6
1
1
1
1
6
$1,34550
$1,52550
$1650
$4410
$11200
$466 20
$895 50
x en ~ "nee
24*7,
$1,79400
$2,034 00
$22 00
$62 00
$16000
$621 60
$1,19400
247174
246931
$359 25
$721 66
$623 74
$375 00
$623 74
Tfm:ns,&,ponditions ",; <, 'i' '
1 Product must be fully functional pnor to covenng It under a Maintenance Plan
2 Additional Charges Will apply to repair any malfunction to restore Product to full functionality
3 All pnces quoted in US$
4 Applicable taxes Will be charged extra
5 Pnce quotations are valid for 30 days
6 Physical location must be proVided at time of quotation
7 Customers must supply the proper audiO and data Inputs to the system's physical location
246929
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" ,,, " "'1
'I'
$479 00
$962 21
$831 65
$500 00
$831 65
7,109
10;308:
< 9,492
12,691 :
8 Customer IS responsible for supplying the necessary LAN and telephony sWitch components to
9 Interface with the NICE System
10 Customer IS responsible for maintenance of all cable and wiring associated with thiS equipment
11 Purchasing options will affect the cost of maintenance and may affect services cost Additional options
(i e , redundancy options for miSSion cntlcal systems) can be offered by NICE Systems upon request
,.....p '> >
Customer's'Approval:
1"~i>nl>
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Name:
Position:
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c.,,~ il A-rY A~Q...t
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Indicate Support level: 8x5 SMA Yes
(8-5*5/24*7) Yes/No
Signature:
PO:
Date: