|
<br />BEAR PAW SYSTEMS, INC.
<br />SERVICE AGREEMENT
<br />
<br />This agreement is made as of Ap ri I II, ..2COLo between BEAR PA W SYSTEMS, lNC., a Florida corporation, 21961 U.S, 19 North, Clearwater, Florida
<br />t
<br />33765("BPS") and Sunnv Isles Police Deoartment ("Customer"):
<br />
<br />EXHIBIT "B"
<br />
<br />I) SERVICE PLAN. Customer owns a Wygant recording system, Customer orders from BPS the Servicc Plan described in this Agreement (Section 8 or
<br />Alternate Servicc Plan Attachment) and BPS agrees to furnish such requested service for the System, The System and its location (the "Premises") are
<br />described in the Customer and System Information Attachment. Customer warrants that it is the owner of the System or that it has the authorization of the
<br />System's owner to enter into this agreement.
<br />
<br />2) SERVICE FEE - Customer agrees to pay a plan service fee of $ 1647.00 per year, to be paid in advance, for maintenance of the System (the "Service
<br />Fee") plus all applicable taxes when due, CUSTOMER WILL PROVIDE EVIDENCE OF ITS TAX EXEMPT STATUS IF IT CLAIMS SUCH STATUS.
<br />
<br />3) TERM. The term of this Agreement shall be for a period of QillUD year commencing upon cxecution of this Agreement by BPS (the "Commencement
<br />Date") and may be renewed for successive one year periods upon written notice by thc Customer and subject to the same terms and conditions contained
<br />herein, except that Parties may negotiate an adjustment of the Service Fee. Either party may tenninate this Agreement by giving the other party written
<br />notice of termination at least thirty (30) days prior to the expiration of the original tenn or expiration of any successive renewal pcriod.
<br />
<br />4) ATTACHMENTS. The following documents are attached to and made a part of this agreement:
<br />
<br />Customer and System ]nfonnation
<br />_ Alternate Service Plan (Plan Type
<br />
<br />5) LIMITATION OF LIABILITY.
<br />
<br />BPS AND ITS SUPPLIERS OR SUBCONTRACTORS SHALL NOT BE LIABLE FOR (i)ANY SPECIAL, INCIDENTAL, EXEMPLARY, OR
<br />
<br />CONSEQUENTIAL DAMAGES, (ii) COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS OR PROFITS), OR (iii) ANY
<br />
<br />DAMAGES OF ANY KIND RESULTING FROM UNAUTHORIZED USE OF THE SYSTEM, WHETHER BASED UPON BREACH OF WARRANTY,
<br />
<br />BREACH OF CONTRACT, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, EXCEPT WHERE SUCH LOSS OR DAMAGE IS A
<br />
<br />RESULT OF THE NEGLIGENT ACT(S) OF BPS AND/OR ITS AUTHORIZED AGENTS.
<br />
<br />6) INDEMNIFICATION.
<br />BPS agrees to indemnify and hold harmless, Customer, its elccted officials, officers, agents, and employees from, and against any and all claims, actions.
<br />liabilities, losses and expenscs including. but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to
<br />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 BPS,
<br />its agents or other personal entity acting undcr BPS' control in connection with the BPS' performance of services pursuant to that agreement and to that
<br />extent BPS 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
<br />losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the Customer
<br />in defcnse of such claims and losses including appeals, The parties agree that ten percent (10%) of the total compensation is a specific consideration from
<br />the Customer to BPS for this indemnity.
<br />
<br />7) EXECUTION, THIS AGREEMENT INCLUDES THE ADDITIONAL PROVISIONS STATED ON THE NEXT PAGE AND THOSE IN ANY
<br />A TT ACHMENT BEARING CUSTOMER'S INITIALS. This Agreement binds Customer to pay the Service Fee whcn it is signed by Customer and binds
<br />BPS when it is signed by BPS and delivered to Customer.
<br />
<br />8) OBLIGATIONS
<br />a) BPS shall respond to System failures, either on-site or remotely, as necessary, during the hours specified under the Service Plan chosclI by the
<br />Customer. Repair and replacement parts may be new or like new.
<br />b) Service calls made beyond the hours set forth in the Service Plan for both regular and emergcncy service shall bc performed by BPS upon
<br />Customer's requcst. Customer agrecs to pay BPS for such service calls, at BPS's then prevailing rates, at a minimum incremcnt of three (3) hours
<br />initially with subsequent increments of one half (y,) hour.
<br />
<br />9) BASIC SERVICE PLAN - GOLD SERVICE
<br />a) Unless stated otherwise on an Attachment, this Agrcement includes BPS's Gold Service Plan, Under Gold Servicc, BPS will respond to an
<br />emergency outage within four (4) hours of receipt of notice of such failure; twenty-four hours pcr day, seven days per week, BPS will respond to
<br />a non-emergency outage by thc end ofthc next husiness day following receipt of notice of such failure.
<br />b) The Gold Service plan also includes a prcventative maintenancc, communications consultation on the System. Maintenance on the system
<br />includes Wygant software upgrades.
<br />
<br />Additional Terms and Conditions
<br />
<br />10) SERVICE FEE AD,JlJSTMENTS. Changes that adjust the station or port count as well as upgradcs and new peripheral devices ("Modifications") will
<br />modify the Service Fee after any applicable warranty expires for such Modifications. Notwithstanding the foregoing, BPS shall notify the City of such
<br />changes and shall sccurc the City's approval prior to such change taking effect.
<br />
<br />S\B
<br />
|