Reso 2006-910 - Laserfiche WebLink

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BEAR PAW SYSTEMS, INC. PURCHASE AGREEMENT Exhibit "A" Bear Paw Systems. Inc.. a Florida Corporation. 21961 U.S. 19 North. Clearwater, FL 33765 (referred to as "Seller") and Sunnv Isles Police Department (referred to as "Buyer") hereby agree as follows: 1. Seller hereby agrees to sell and Buyer hereby agrees to purchase the following equipment and Software ("Equipment") subject to the following terms and conditions: a) EQUIPMENT QUANTITY DESCRIPTION Wygant 8 channel Defender with AIM and VoIP interfaces b) ESTIMATED INSTALLATION DATE no later than 45 davs after receiPt of order e) PURCHASE PRICE $ 15.664,00 d) TERMS OF PA YMENT Buyer shall pay to Seller the total Purchase Price indicated in item C above. Terms of payment shall be net 30 days. All payments shall be due Seller at its place of business: 21961 U,S, 19 North, Clearwater, FL 33765, 2. LIMITED WARRANTY AND LIMITATION OF REMEDY. a) Subject to all of the provisions of this Paragraph 2, Seller warrants for a period of NINETY (90) days from the date of installation that the Equipment will be free from defects in material and workmanship. This warranty does not however extend to any item of equipment, which has been repaired by others, abused or improperly handled, stored, altered or used with third party material or equipment that is defective or of poor quality, or to any item of Equipment that has not been installed by the Seller. The Software installed is warranted for a period of NINETY (90) days, b) If Buyer notifies Seller of any detects covered by this warranty within the above stated one year or 90 Day period. Seller shall, at Seller's option, repair or replace the Equipment or software at its expense. 3. INDEMNIFICATION. Seller agrees to indemnify and hold harmless, Buyer, its elected officials, officers, agents, and employees from, and against any and all claims, actions. liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts. errors, omissions or other wrongful conduct of Seller, its agents or other personal entity acting under Seller's control in connection with the Seller's performance of services pursuant to that agreement and to that extent Seller shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the Buyer in defense of such claims and losses including appeals. The parties agree that ten pcrcent (10%) of the total compensation is a specific consideration from the Buyer to Seller for this indemnity. 4. SELLER'S INSTALLATION OBLIGATIONS. Seller's services shall be limited to the installation of the equipment and software on schedule "A" above and user training, as specifically set forth in the Service Agreement. 5. BUYER'S INSTALLATION OBLIGATIONS, a) Seller agrees to deliver and install Equipment at Buyer's address ("Premises") Buyer agrees to makc the Premises available and ready for installation of Equipment and at its own expensc including the furnishing of commercial power and access necessary to install and maintain the Equipment. b) Customers radio and or telephone vendors must supply the proper audio inputs, idcntified and tcrminated, to within six feet of where the recorder will physically reside. Customer's Information Systems department must provide LAN access, routing and addressing. IP address must be static, 6. SELLER'S SECURITY INTEREST. Until such time as Buyer has paid Seller the Purchase Price in full, Buycr hcreby grants and Sellcr hereby rctains a purchase moncy security interest in the Equipment. 7. DAMAGES UPON DEFAlIL T. a) Ifany Party. through any cause within its reasonable control, breaches thc terms of this agreement or otherwise fails to fulfill its obligations in a timely manner or otherwise violates any of the covenants, agreements or stipulations material to this agreement, such breach shall constitute a default. The non-breaching Party shall notify the breaching Party ofthc default and grant the breaching Party ten (10) days to cure such default. If the default remains uncured after the ten (10) days curing period elapses, the non-breaching Party may terminate this agreement. S\B