HomeMy WebLinkAbout5.1111 Original Contractr
1. Products and Services Supplied under this Agreement.
PUBLIC SAFETY PRODUCT
SALES /INSTALLATION /MAINTENANCE AGREEMENT
61 /!11
Qwest Communications Company, LLC "Qwest and City of Port Angeles "Customer a public entity organized under the laws of the
State of WA, hereby enter into this Public Safety Product Sales /Installation /Maintenance Agreement "Agreement Customer's current
address, facsimile number, and person designated for notices are Gary Brooks, 321 E 5th Port Angeles, WA 98362.
1.1 Qwest will provide and Customer will purchase the Public Safety Product hardware and /or software "Product specified in
Attachment 1 to this Agreement. Customer will purchase Product(s) to provide public safety emergency communications services
1 2 Qwest will install Product(s) specified in Attachment 1 according to the terms described in Attachment 2 to this Agreement, titled,
Installation.
1.3 Qwest will provide maintenance services for the Public Safety Product(s) specified in Attachment 1 according to the terms
described in Attachment 3 to this Agreement, titled, Maintenance Provisions
2. Sales Price and Payment Terms.
2.1 Qwest's prices for Product(s) and installation appear in Attachment 1 to this Agreement Qwest's prices for maintenance
appear in Attachment 3 to this Agreement All charges will be paid within 30 days of the invoice date and in accordance with the
payment schedules referenced in Attachment 4 to this Agreement, titled, Payment Schedules. Prices quoted in this Agreement will be
good until January 15, 2011 After such date, prices are subject to change Customer will not pay for the Services with funds obtained
through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Qwest to
provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed
to by the parties in this Agreement or in an amendment to this Agreement
2.2 Late Payment Charge Qwest will apply a service charge of 1'h% per month on any unpaid balance not received by Qwest
within 30 days of the invoice date.
3. Taxes and Fees. Prices do not include taxes or fees, of any kind, established by governmental authorities Customer will pay
all such applicable taxes and fees when billed by Qwest Alternatively, Customer may supply Qwest a tax exemption certificate in a
form satisfactory to Qwest.
4. Customer Responsibilities.
4 1 Customer will ensure that its personnel are available to receive delivery of Product(s) at site, at a date and time to be determined
between Qwest and Customer Risk of loss and damage to Product(s) passes to Customer upon delivery of Product(s) to Customer at
site.
4 2 Customer agrees to grant reasonable right of entry to Qwest's representatives to deliver the Product(s) or perform all services
contemplated under or by virtue of this Agreement, or both, and will make available a reasonable amount of appropriate, secure space
for storage of Product(s) or parts as necessary.
4 3 Customer is responsible for proper site preparation, meeting and maintaining proper environmental conditions, including but not
limited to, air conditioning, cleanliness, temperature requirements, and electrical requirements as indicated by the manufacturers of
Product(s) in Attachment 1 Customer agrees to follow the National Emergency Numbering Association "NENA recommendations
and guidelines for site preparation as set forth in the NENA Technical Information Document 04 -502, which can be found at
www nena.org
4 4 Product(s) delivered to Customer will be available at site on the installation date The estimated installation begin and complete
dates are identified in Attachment 2 to this Agreement
5. Health and Safety Compliance. Qwest and Customer will adhere to all applicable health and safety laws, rules and regulations
including the Occupational Safety and Health Administration's "OSHA rules and regulations. Customer agrees to certify that there is
no asbestos on any premises in any areas where Qwest will be working In the event Customer will not certify an asbestos free
environment or asbestos is discovered in the Qwest work area, there may be additional costs to perform under this Agreement in
compliance with OSHA's rules and regulations. Customer understands and agrees this Agreement does not include the prices
attributable to working in an asbestos environment including, but not limited to, asbestos sampling, testing, cleanup, or rerouting or
delays caused by any of the above. Customer understands and agrees that prices attributable to any of the above will be in addition to
the price agreed to herein and Customer agrees to pay the additional amounts. Customer's non compliance with this provision will be
considered as Customer's default under this Agreement
6. Customer Acceptance. CUSTOMER MUST NOTIFY QWEST IN WRITING AND SPECIFY ANY PORTIONS OF THE
PRODUCT(S) LISTED IN ATTACHMENT 1 THAT ARE UNACCEPTABLE IF CUSTOMER DOES NOT NOTIFY QWEST WITHIN 10
BUSINESS DAYS FROM THE INSTALLATION DATE OR DELIVERY DATE, WHICHEVER IS APPLICABLE, PRODUCT(S) WILL BE
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OMR# 0597406 v1.101310
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DEEMED ACCEPTED. ANY PRODUCT INSTALLED BY QWEST IS CONSIDERED ACCEPTABLE IF IT IS INSTALLED AND
OPERATES MATERIALLY IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS QWEST RESERVES THE RIGHT
TO CORRECT ANY PORTION OF A PRODUCT THAT HAS BEEN REJECTED BY CUSTOMER ANY PORTION OF A PRODUCT
THAT HAS NOT BEEN REJECTED BY CUSTOMER AND IS FUNCTIONALLY DIVISIBLE WILL BE DEEMED ACCEPTED AND MAY
BE INVOICED SEPARATELY. MOVES AND CHANGES ARE CONSIDERED ACCEPTED WHEN THE DESCRIBED WORK IS
MATERIALLY COMPLETED ANY PORTION OF A PRODUCT THAT IS FOUND TO BE UNACCEPTABLE AFTER THE 10 -DAY
ACCEPTANCE PERIOD MAY BE REPORTED TO THE QWEST E911 CALL CENTER AT 1- 800 357 -0911
7. Adds; Changes. Any changes to a Product order or installation request and any additional Product orders or installation
requests must be by written amendment or by submitting a 911 CPE purchase order "Purchase Order") to Qwest. The amendment or
Purchase Order will be signed by authorized representatives of both parties and made a part of this Agreement
8. Right to Subcontract. It is specifically agreed that Qwest may subcontract all or any portion of the work without the prior written
consent of Customer Qwest will remain responsible for the work of any subcontractor.
9. Indemnification for Claims Associated with Personal Injury, Death, or Property Damage Only. Each party will indemnify
and hold harmless the other party in connection with claims, losses, damages, liabilities, and law suits to the extent they arise from, or
are alleged to arise from, negligent acts solely in connection with a party's performance under this Agreement or a party's use of, or
operation of, the Product(s) sold, installed, and maintained under this Agreement This indemnity extends solely to claims and lawsuits
for personal injury, death, or destruction of tangible property IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER
10. Confidentiality; Publicity. Except to the extent required by an open records act or similar law, including but not limited to
Chapter 42 56 Revised Code of Washington, neither party will, without the prior written consent of the other party. (a) disclose any of
the terms of the Agreement or use the name or marks of the other party or its Affiliates; or (b) disclose or use (except as expressly
permitted by, or required to achieve the purposes of, the Agreement) the Confidential Information of the other party Each party will use
reasonable efforts to protect the other's Confidential Information, and will use at least the same efforts to protect such Confidential
Information as the party would use to protect its own Qwest's consent may only be given by its Legal Department. "Affiliate" means any
entity controlled by, controlling, or under common control with a party. A party may disclose Confidential Information if required to do so
by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the
Agreement. "Confidential Information" means any information that is not generally available to the public, whether of a technical,
business or other nature and that. (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret
information of the disclosing party, and /or (d) is of such a nature that the receiving party should reasonably understand that the
disclosing party desires to protect such information against unrestricted disclosure Confidential Information will not include information
that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently
developed by the receiving party.
11. Limitation of Liability.
11 1 OPERATION OF PUBLIC SAFETY SYSTEMS, CUSTOMER PREMISES SERVICES AND PRODUCT(S) IS THE SOLE
RESPONSIBILITY OF CUSTOMER QWEST'S SOLE UNDERTAKING IS LIMITED TO PROVIDING THE PRODUCT(S) SOLD AND
INSTALLATION AND MAINTENANCE OF THE PRODUCT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT THE PROVISION OF PRODUCT(S) SOLD AND SERVICES PERFORMED BY QWEST TO CUSTOMER WILL NOT
BE INTERPRETED, CONSTRUED, OR REGARDED, EITHER EXPRESSLY OR IMPLIED, AS BEING FOR THE BENEFIT OF, OR
CREATING ANY QWEST OBLIGATION TOWARD ANY THIRD PARTY OR LEGAL ENTITY OTHER THAN CUSTOMER QWEST'S
OBLIGATIONS EXTEND SOLELY TO CUSTOMER
11 2 QWEST WILL IN NO EVENT BE LIABLE TO CUSTOMER, OR TO ANY PERSON OR COMPANY USING ANY PRODUCT OR
SERVICE SUPPLIED UNDER THESE TERMS AND CONDITIONS OR TO WHOM CUSTOMER FURNISHES A PRODUCT OR
SERVICE, FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF THIS
AGREEMENT QWEST'S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE
WHATSOEVER WILL IN NO EVENT EXCEED THE HIGHER OF THE REPAIR OR REPLACEMENT COST OF THE ITEM WHICH
DIRECTLY GIVES RISE TO THE CLAIM THIS PARAGRAPH WILL NOT OBLIGATE CUSTOMER TO INDEMNIFY QWEST FOR
DAMAGES SUFFERED BECAUSE OF QWEST'S NEGLIGENCE OR INTENTIONAL ACTS WITH RESPECT TO QWEST'S
PROVISION OF EQUIPMENT, INSTALLATION, OR MAINTENANCE SERVICE ON EQUIPMENT COVERED BY THIS AGREEMENT
12. Warranties.
12 1 THE WARRANTY PROVIDED IN THIS PARAGRAPH IS LIMITED AND EXCLUSIVE. NO OTHER WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WILL APPLY TO MAINTENANCE SERVICES RENDERED UNDER THIS AGREEMENT.
12.2 WARRANTY FOR PRODUCT(S) WILL BEGIN ON THE DATE OF INSTALLATION AND WILL CONTINUE FOR ONE FULL
CALENDAR YEAR DURING THIS WARRANTY PERIOD, QWEST WILL PROVIDE SERVICE TO KEEP PRODUCT(S) LISTED IN
ATTACHMENT 1 IN GOOD WORKING ORDER AND TO ENSURE PRODUCT(S) CONFORM TO THE SPECIFICATIONS, TERMS,
AND CONDITIONS OF THIS AGREEMENT
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12 3 DURING THE WARRANTY PERIOD, QWEST WILL REPAIR OR REPLACE, AT NO CHARGE, PRODUCT(S) QWEST FINDS
TO BE DEFECTIVE DUE TO QUALITY OF MATERIAL OR MANUFACTURERS WORKMANSHIP FOR PRODUCT(S) SOLD BUT
NOT INSTALLED BY QWEST, A 90 DAY WARRANTY WILL BEGIN ON THE DATE OF DELIVERY OF THE PRODUCT(S) TO
CUSTOMER
12 4 PERSONNEL FURNISHED BY QWEST WILL BE QUALIFIED TO PERFORM TASKS AND FUNCTIONS FOR WHICH THEY
ARE ASSIGNED AND WILL PERFORM THEM IN A PROFESSIONAL MANNER
12.5 IF THE PRODUCT(S) OR SERVICES FAIL TO MEET THE TERMS OF THIS WARRANTY AS A RESULT OF THE ACTIONS
OR NEGLIGENCE OF CUSTOMER OR ACTIONS OF A THIRD PARTY (OTHER THAN AN AGENT OF, OR INDEPENDENT
CONTRACTOR OF QWEST), OR DAMAGE RELATING TO ACTS OF GOD, FIRE, VANDALISM, OPERATOR ERROR, USE OF
IMPROPER SUPPLIES, OR CUSTOMER INTERFACES OF PERIPHERAL EQUIPMENT, THEN CUSTOMER WILL PAY ALL
CHARGES ASSOCIATED WITH THE REPAIR OR REPLACEMENT THEREOF IF CUSTOMER SO ELECTS TO REPAIR OR
REPLACE SAID ITEMS
13. Exclusions to Warranties.
13.1 THE WARRANTIES PROVIDED BY QWEST UNDER THIS AGREEMENT DO NOT INCLUDE THE FOLLOWING SERVICES
a FURNISHING SUPPLIES THAT ARE NOT PART OF THE PRODUCT(S) OR FURNISHING MATERIAL THEREFOR,
b ELECTRICAL WORK EXTERNAL TO PRODUCT(S) SOLD UNDER THIS AGREEMENT,
c WORK OR SUPPLY OF MATERIAL RELATING TO MAINTAINING A PROPER ENVIRONMENT AT SITE UNLESS
INDICATED IN ATTACHMENT 1 TO THIS AGREEMENT,
d EQUIPMENT NOT SOLD, INSTALLED, AND MAINTAINED BY QWEST EXCEPT FOR THE 90 DAY WARRANTY FOR
PRODUCT(S) SOLD BUT NOT INSTALLED BY QWEST
13 2 QWEST DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR
FREE
13 3 WARRANTY DOES NOT COVER PRODUCT(S) AFFECTED BY OPERATOR ERROR, MISUSE OF PRODUCT(S) OR FORCE
MAJEURE EVENTS
13.4 WARRANTY AND MAINTENANCE ON UNINTERRUPTED POWER SUPPLY "UPS ARE THROUGH THE MANUFACTURER
AND DO NOT INCLUDE BATTERY REPLACEMENT
14. Software License. One or more of the Product(s) may be or may contain software In some cases the Product(s) manufacturer
(Qwest's vendor) has embedded such software into the hardware as an integral part of the Product(s) All software remains the
property and full ownership of the creator, developer, manufacturer, or copywriter, whichever the case may be If required by creator,
developer, manufacturer or copywriter, a license must be agreed to by the end -user Qwest's Customer), to use such software and may
contain specific terms and conditions for such use These specific terms and conditions for use are governed entirely by said creator,
developer, manufacturer, or copywriter and will be adhered to by both parties Upon the requirement of creator, developer,
manufacturer or copywriter to execute a Software License Agreement or Software Sub License Agreement by end -user and /or Qwest,
such license must be executed by Qwest's Customer as required, and will become a part of this Agreement by reference
15. Default by Customer. In the event Customer fails or neglects to comply with any term or condition of this Agreement or to pay
for services as provided herein, Qwest will have the right, after written notice, to cease performance or warranty service hereunder
This remedy will be in addition to any other remedies, including termination, available to Qwest in law or equity Qwest will be entitled
to recover reasonable attorneys' fees and costs of collection associated with enforcing its rights hereunder
16. Governing Law; Dispute Resolution.
16 1 Governing Law, Forum Washington state law, without regard to choice -of -law principles, governs all matters arising out of, or
relating to, this Agreement Any legal proceeding relating to this Agreement will be brought in a U.S District Court, or absent federal
jurisdiction, in a state court of competent jurisdiction, but Qwest may, at its discretion, initiate proceedings in Denver, Colorado to collect
undisputed amounts billed.
17. Notices. Unless otherwise provided herein, all required notices to Qwest must be in writing, sent to 1801 California St #900,
Denver, CO 80202; Fax 888 778 -0054, Attn Legal Dep't, and to Customer at its then current address as reflected in Qwest's
records, Attn General Counsel or other person designated for notices Unless otherwise provided herein, all notices will be deemed
given: (a) when delivered in person to the recipient named above; (b) three business days after delivered via regular U S Mail; (c) when
delivered via overnight courier mail, or (d) when delivered by fax if duplicate notice is also sent by regular U S. Mail
18. General. Customer represents that it is not a reseller and will not resell the Service Customer may not assign the Agreement or
any of its rights or obligations under the Agreement without the prior written consent of Qwest, which consent will not be unreasonably
J
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OMR# Q597406 v1.101310
withheld. Customer may not assign to a reseller or a telecommunications carrier under any circumstances The Agreement is intended
solely for Qwest and Customer and not to benefit any other person or entity, (e g End Users) If any term of the Agreement is held
unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will
remain in effect Neither party's failure to insist upon strict performance of any provision of the Agreement will be construed as a waiver
of any of its rights hereunder All terms of the Agreement that should by their nature survive the termination of the Agreement will so
survive Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a
Force Majeure Event "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including
without limitation act of God, fire, flood, labor strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government
laws or regulations, war or civil disorder, or failures of suppliers of goods and services Except for Tariff or Service modifications
initiated by Qwest, all amendments to the Agreement must be in writing and signed by the parties' authorized representatives
However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a modification of any
contract to that extent without further notice Each party reserves the right at any time to reject any handwritten change to the
Agreement.
19. Entire Agreement. This Agreement constitutes the entire agreement between Customer and Qwest and supersedes all prior
oral or written agreements or understandings relating to this subject matter
Qwest and Customer execute and authorize this Agreement as of the last date shown below Electronic signatures on this Agreement
will be accepted only in the form and manner prescribed by Qwest
City of Port Angeles
A t onzed Sig
Na.
Title
Date
Qwest Communications Company, LLC
Authorized Signat{are
4 4I/ 1 lei
ame Typed or Printed
a v a G#, 0 Ga wl ,'f
Title J
I IA 20 J
Dat4 1
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OMR# Q597406 v1 101310
1. Product Pricing
Product Description
See Attached Spreadsheet at End of Contract
ATTACHMENT 1
TO PUBLIC SAFETY PRODUCT
SALES /INSTALLATION /MAINTENANCE AGREEMENT
BETWEEN CUSTOMER AND QWEST COMMUNICATIONS COMPANY, LLC
CONFIDENTIAL INFORMATION
PRODUCT(S)
Part No.
Price /Each
Quantity
Total Price for Product(s)
Total Price
2. Installation Pricing. Customer will pay the following total installation charge for the Product(s) listed above $22,576 05 (Also
detailed on the Attachment 1 Pricing spreadsheet)
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OMR# Q597406 v1.101310
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ATTACHMENT 2
TO PUBLIC SAFETY PRODUCT
SALES /INSTALLATION /MAINTENANCE AGREEMENT
BETWEEN CUSTOMER AND QWEST COMMUNICATIONS COMPANY, LLC
INSTALLATION
2. Customer's Responsibilities. Customer is responsible for
CONFIDENTIAL INFORMATION
1. Qwest's Responsibilities. Qwest will ensure that the Product(s) set forth in Attachment 1 have been installed according to the
manufacturer's specifications
2 1 Preparing the site properly, including, but not limited to, allowing compliance with manufacturer's specifications of floor plan
requirements, as well as providing necessary openings, ducts, 4' x 8' sheet of 3/4" plywood for terminals and cross connect field, and
conduits in floors and walls
2 2 Meeting and maintaining proper environmental requirements as indicated by manufacturer of Product(s) listed in Attachment 1.
2 3 Providing electric current and grounds for any necessary purpose, related to this Agreement, with suitable outlets in rooms
where required, including, but not limited to, providing proper lighting for installation personnel.
3. Time and Materials Charges. Additional time and materials charges are applicable under the following circumstances
3 1 Any modifications to building's electrical system required to install listed Product(s) that are not properly performed or provided
by Customer,
3 2 Drilling of access holes and provisioning of suitable conduit Of required) from equipment room to dispatch center for cable access
that are not properly performed or provided by Customer,
3 3 Customer requests that Qwest connect the Product(s) to voice recorder equipment which was not purchased under this
Agreement
4. Target Dates.
4 1 Installation begin date. (estimated) March 2011
4 2 Installation complete date: (estimated) April 2011
Customer Qwest
(Initials) (Initials)
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OMR# 0597406 v1.101310
ATTACHMENT 3
To PUBLIC SAFETY PRODUCT
SALES /INSTALLATION /MAINTENANCE AGREEMENT
BETWEEN CUSTOMER AND QWEST COMMUNICATIONS COMPANY, LLC
CONFIDENTIAL INFORMATION
MAINTENANCE PROVISIONS
General. After expiration of the warranty period, all Product(s) listed in Attachment 1 will be maintained in accordance with the
manufacturer's original performance specifications.
1. Service and Scope.
1 1 Qwest will provide remedial maintenance on Product(s) listed in Attachment 1, 24 hours a day, seven days a week on a call out
basis
1.2 Qwest will target a response time of two hours from receipt of a call to respond to service-affecting call outs
1 3 Remedial maintenance means maintenance Qwest deems reasonably appropriate and necessary to return Product(s) listed in
Attachment 1 to proper operating condition as specified by manufacturer's specifications.
1 4 Prior to call out, Customer must follow routine test procedures, as specified by Qwest, to localize the cause of a problem.
1 5 After localization of trouble to the Product(s), Customer will immediately notify Qwest, by phone, of any Product(s) malfunction.
2. Term of Maintenance Provision.
2 1 The term of this Maintenance Provision will be NA (warranty period is 12 months. no maintenance sold (0) months and will begin
the day after the warranty period expires for Product(s)
2 2 If Qwest's agreement with the equipment manufacturer terminates before the end of this Agreement, Qwest may discontinue
maintenance service with reasonable notice to Customer
3. Repair and Replacement of Parts.
3 1 Qwest will have the option to repair or replace Product(s) specified in Attachment 1, or parts thereof
3 2 When Qwest replaces part(s) or Product(s), the replacement part(s) become the property of Customer, and the replaced part(s)
become the property of Qwest
3.3 Qwest may, at its option, use new, reconditioned, or a later version of the parts or components of Product(s) to replace parts
3 4 If Qwest uses parts or Product(s) from a Customer -owned spare parts inventory, the defective part(s) or Product(s) will remain
the property of Customer. Customer may, at its option, purchase replacement spare part(s) or Product(s) from Qwest In the case of
such exchange, the defective part(s) or Product(s) become the property of Qwest and the purchased part(s) or Product(s) become the
property of Customer
3 5 Prices for replacement spare part(s) or Product(s) will be the then current Qwest list price
4 Software Upgrades (Optional). Customer may select the software upgrade program listed on Attachment 4. The availability of
this option is contingent on the type of Product used If Customer selects the software upgrade program, the manufacturer, through
Qwest, will make new versions and releases of the Product software available for deployment during the contract period Customer
must agree to the software license agreement(s) provided by the Product manufacturer If Customer is not willing to agree to a
manufacturer's software license terms, Qwest will not offer the software upgrade program. The software upgrade program is limited to
only the software If any additional hardware or equipment is required to use the software upgrade program, the cost of such additional
hardware or equipment will be Customer's responsibility. Any required labor that is provided by a vendor and /or Qwest will be billed on
a time material basis at then current rates and charges Rates for the software upgrade program are shown in the Software Upgrade
Program Schedule in Attachment 4. Maintenance for the software upgrade program will be incorporated into the Maintenance Payment
Schedule in Attachment 4.
5. Exclusions.
5 1 This Agreement does not cover service calls for Product(s) listed in Attachment 1 that are damaged as a result of misuse of the
Product(s), abusive environment, Customer modification, Customer interfaces with peripheral Product(s), moves, fire, vandalism,
operator error, use of improper supplies, Force Majeure events, or other causes beyond normal usage of the Product(s) However, if
Customer requests Qwest to make repairs under such circumstances, and if Qwest agrees to make such repairs, Qwest will provide
repair at Qwest's then current hourly charge rate for service technicians All parts required to repair the Product(s) will be paid by
Customer at the then current parts list price.
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OMR# Q597406 v1.101310
5 2 This Agreement does not cover service calls to locations that are remote from the primary locations listed under this Agreement
5 3 This Agreement does not cover headsets, Uninterruptible Power Supplies "UPS personal computers, and any equipment not
listed on Attachment 1 to this Agreement.
6 Rates and Charges.
6 1 Qwest may initiate an increase on each one -year anniversary of this Maintenance Provision, provided Qwest notifies Customer, in
writing, 30 days in advance of any such increase Maintenance charges are provided in Attachment 4 to this Agreement
Customer 9
(Initials)
Qwest
(Initials)
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OMR# Q597406 v1 101310
ATTACHMENT 4
TO PUBLIC SAFETY PRODUCT
SALES /INSTALLATION /MAINTENANCE AGREEMENT
BETWEEN CUSTOMER AND QWEST COMMUNICATIONS COMPANY, LLC
1. Product Pricing Summary.
Product 81,244 05 (includes Hardware, Software, Maintenance Warranty Support and Shipping)
Installation 22,576.05
Total 103,820 10 (tax not included)
2. Product Payment Schedule:
Contract Signing 0
Equipment Delivery 60% 62,292 06 (tax not included)
Date of Acceptance 40% 41,528 04 (tax not included)
3. Maintenance Service: (0 Months)
3 1 Maintenance Payment Schedule Customer will pay the following maintenance charges in accordance with the following payment
schedule
Schedule
First Year (after warranty)
Second Year
Third Year
Fourth Year
Fifth Year
4. Software Upgrade Program:
CONFIDENTIAL INFORMATION
PAYMENT SCHEDULES
Annual Maintenance Charges
4 1 Software Upgrade Program Payment Schedule. Customer will pay the following software upgrade program charges in accordance
with the following payment schedule
Schedule
First Year
Second Year
Third Year
Fourth Year
Fifth Year
Annual Software Upgrade Program Charges*
*Any labor required and provided by a vendor or Qwest will be billed on a time material basis at then current rates and charges
Customer Qwest
(Initials) (Initials)
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OMR# Q597406 v1.101310
Qwest
Citv of Port Anaeles Police Department
Contract Title: Positron Power911 Upgrade
Project Number: PD -10 -001
Schedule A Pricing
Pricing Summary
Pricina Component Price
Hardware and Software $74,696 49
Professional Services $22,576.05
Maintenance and Software Support $4,898.13
Shipping and Handling $1,649 43
Sub Total: $103,820.10
8 4% Sales Tax $8,720.89
Total Bid: $112.540.99
QWEST CONFIDENTIAL 1 OF 3 Qwest Attachment 1 Pricing xis
Mfg. Part
913100/CD
913100/U
913152/U
913202/U
920100/C D
920100/U
920101/U
920102/U
999999
913580/4
913805
914121/1
914102
914707
914403
914520
914431
914121/2
914210/G6
914245/G6
914121/2
914210/G6
914422
914245/G6
Mfg. Part
950100
960575
960580
950850
950104
960575
960580
950510
960108/1
960108/1
Mfg. Part
Hardware and Software Pricing Detail
Description
Power 911 Software Upgrade
Power 911 Version 5 Media
Power 911 Version 5 Client Access License
Power 911 Add On Recorder for Radio
Power 911 Server Access License
Power MIS Software Upgrade
Power MIS Media CD
Power MIS Server Software License
Power MIS Concurrent Client Access License
Power MIS Data License
HotFixes
Miscellaneous Hot Fixes
IWS Workstations
Power 911 IAP /PC Card
Power 911 Norstar Interface Kit
IWS Workstation Underlying Software
IWS Workstation Computer (Elite8000) No Monitor
Common Hardware
IWS QUAD POSITION ARBITRATOR
IWS 12 Port 10/100 Auto Sensing Switch
IWS External Modem
IWS Server Tape Backup System
Power 911 Database Server
IWS Server Underlying Software
IWS Type 1 Tower Server
160GB SATA Non -Hot Plug Hard Drive
Power MIS Database Server
IWS Server Underlying Software
IWS Type 1 Tower Server
Additional Backup EXEC SQL Agent
160GB SATA Non -Hot Plug Hard Drive
Hardware and Software Total:
Professional Services Pricing Detail
Description
Intrado Site Survey
Site Survey
Site Survey Living Expense Per Day
Site Survey Travel Fee
Intrado On Site Installation Services
IWS Staging up to 8 positions
Professional Services Price Per Day
Installation Living Expense Per Day
Installation Travel Fee
Intrado Project Management Services
Project Management
Power 911 User Training Services
eLearning Training Services per hour
Power 911 Admin 1 Training Services
eLearning Training Services per hour
Professional Services Total:
Maintenance and Software Support Pricing Detail
Description QTY.
QWEST CONFIDENTIAL 2 OF 3
QTY. Unit Price Extended Price
1 $78 08 $78 08
5 $3,902 05 $19,510 25
5 $234 24 $1,171 20
5 $778 85 $3,894.25
1 $78.08 $78 08
1 $361.90 $361 90
1 $157 33 $157 33
5 $330 67 $1,653 35
1 $0 00 $0 00
5 $3,119 30 $15,596 50
5 $723.80 $3,619.00
5 $333 06 $1,665.30
5 $1,701 90 $8,509 50
1 $525 09 $525 09
1 $292 80 $292 80
1 $195 20 $195.20
1 $3,544 10 $3,544 10
1 $3,315 96 $3,315 96
1 $2,496 12 $2,496 12
3 $140 30 $420 90
1 $3,315 96 $3,315.96
1 $2,496.12 $2,496 12
1 $1,378 60 $1,378 60
3 $140 30 $420 90
$0 00 $0 00
$0 00 $0.00
$0 00 $0.00
$74,696.49
QTY. Unit Price Extended Price
1 $1,830 00 $1,830 00
1 $244 00 $244 00
1 $1,525 00 $1,525 00
1 $3,660.00 $3,660.00
5 $1,830.00 $9,150 00
5 $244.00 $1,220.00
1 $1,525 00 $1,525 00
1 $1,866 51 $1,866 51
3 $222.22 $666.66
4 $222 22 $888 88
$22,576.05
Unit Price Extended Price
Qwest Attachment 1 Pricing xis
QWEST CONFIDENTIAL
Qwest Extended Warranty 1 $4,898 13 $4,898 13
Maintenance and Software Support Total: $4,898.13
3 OF 3 Qwest Attachment 1 Pricing xls