HomeMy WebLinkAbout20121501.tiff CUSTOM EXHIBIT
Customer Name: Exhibit No.:S-07-10-507
Weld County
1401 N 1711'Avenue
Greeley,CO 80631 Reference Agreement No.:1327
Customer No.:See Addendum A
Customer Contact:Susan Quick
Effective Date:May 15',2012
E-mail Address:squick@co.weld.co.us
The following terms apply to the Products and Services which Siemens Enterprise Communications, Inc.
("Company") provides Weld County ("Customer") pursuant to an Ordering Document under the referenced
Agreement accepted by Company on or after the Effective Date set forth above.Such terms will add to,delete or
change terms in the Ordering Document,and its applicable Schedules,Plans and Exhibits,and the referenced
Agreement,as either of these documents may be amended on the Effective Date.If there is a conflict of terms
between this Custom Exhibit and the terms of the Ordering Document, its applicable Schedules, Plans and
Exhibits,and the referenced Agreement,the terms in this Custom Exhibit will prevail and take precedence.
1. As of the Effective Date,Customer and Company agree to extend the term of the Supplement for HiPath Lifecycle
Plans with a Term Commencement Date on 5/2/2009,as amended("Supplement")as follows:
The Term of the Supplement is extended for three(3)years through April 30,2015,in accordance with the
Annual Prepayment Option referred to in Clause 2 of the Supplement,under the prices attached hereto as
Addendum A,and made a part hereof.
The parties acknowledge that they have read this Custom Exhibit,understand it,and agree to be bound by its
terms. Further, they agree that this Custom Exhibit is the complete agreement regarding this subject, and
supersedes any prior oral or written communications relating to this subject.
Accepted by: Accepted by:
Weld County Siemens Enterprise Communications,Inc.
Customer
By Gam. By
Authorized Signature Authorized Signatu
Sean P. Conway, Chair 8 n12 e,s/ (sti 184-�
Name(Type or Print) Date Name(Type or Print) I Date
Siemens Enterprise Communications,Inc. 2012-1501
"Siemens Enterprise Communications,Inc"is a Trademark Licensee of Siemens AG
Page 1 of 3
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ADDENDUM A
Weld County HiPath Lifecycle Maintenance
Contract- 85E/4-Hour Response. No Telephone
Replacement Option*: 3-year Pricing
5/1/2012 to 5/1/2013 to
4/30/2013 4/30/2014 5/1/2014 to
CMR Annual Annual 4/30/2015
7044267 System Price Price Annual Price
67,414.87 100,522.34 124,845.27
- Maintenance charge for HiPath 4000 platforms/applications
existing as of 5/1/2012 at 1401 N 17`n Avenue, Greeley, CO
80631 ("Premises")
-Schedule A El1 E0722413601/Sales Order 1402119 at the
Premises for: 33,107.47
• 550 Hipath 4000 ComScendo licenses
• 66 OpenScape Contact Center licenses
-Schedule A El 1E0901664201/Sales Order 1403108 at the
Premises for: 23,446.85
• 552 HiPath 4000 ComScendo licenses
• 32 OpenScape Contact Center licenses
-Separated Duplex Schedule A 5046019 at the Premises
for:
• 23 HiPath 4000 licenses
876.08
-Estimated new licenses at the Premises in relation to final
jail migration scheduled in 5/1/2013 -4/30/2014 or 5/1/2014 -
4/30/2015:
• Estimated 265 HP 4000 Comscendo
licenses
• Estimated 40 OpenScape Contact
Center licenses - 15,627.85 ,
08/22/2012
to
08/21/2013
Annual
CMR Hicom mod 80 system at North Jail at 211 O Price
7786833 Street, Greeley, CO 80631 21,111.12 /
Annual price •121633.46 124845.27 140,473.12**
4%APO discount .• . .... -5,418.24: 5,803.21: -5,583,88
5%muald.year/option discount • -6,501.85 6,963.85 -6,700.65
Annual total`** . •-.: -•I 109,713.40 112,078.21 128,188.59*
* "85E" means coverage from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Company holidays, for Minor
Corrective Maintenance, and 24 hours a day, 7 days a week, including Company holidays, for Major Corrective
Maintenance;
Siemens Enterprise Communications,Inc.
"Siemens Enterprise Communications,Inc"is a Trademark Licensee of Siemens AG
Page 2 of 3
"85E/four-hour response" means that there will be an onsite or remote response within four (4) hours for Major
Corrective Maintenance and within twenty four(24) hours for Minor Corrective Maintenance.
"No telephone replacement" has been defined in Section 4 of the SmartServe Support Services Plan.
** Since the amount of $15,627.85 is an estimated amount, so are the corresponding annual price and annual total
price during the corresponding period.
"" Each annual total price will be paid separately, in advance.
Siemens Enterprise Communications,Inc.
"Siemens Enterprise Communications,Inc"is a Trademark Licensee of Siemens AG
Page 3 of 3
AMENDMENT
This Amendment ("Amendment") is made by and between Siemens Enterprise Communications, Inc. ("Company") and
Weld County ("you") on May 1st, 2012. The parties have entered into a Supplement for HiPath Lifecycle Plans with a Term
Commencement Date on 5/2/2009, as amended (the "Agreement"), which is hereby incorporated into this Amendment by
reference as if fully set forth herein. The purpose of this Amendment is to amend the provisions of that Agreement in
certain respects.
Now, therefore, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, you and
Company hereby agree as follows:
Defined terms will have the meaning ascribed to them in the Agreement(except if defined differently in this Amendment).
A. Amendments
As of May 1st, 2012, you and Company agree to make the following modifications to the Agreement:
Clause 3(a) is amended as follows:
The second sentence of the second paragraph and the first sentence of the third paragraph are
deleted in their entirety and replaced with the following: "Adjustments to the Purchase Price specified
in the Quote may be made before the Term Commencement Date for Maintenance Services to reflect
additions based on the charges in effect at the time you and Company signed the Supplement (or the
written instrument amending the Supplement). Thereafter Company will review the Quote annually for
additions and will make appropriate adjustments to the Purchase Price."
Clause 3(b) is amended as follows:
The last paragraph ("You may add or delete any Option available... as described in Section 4") is
deleted in its entirety.
Clause 4 is deleted in its entirety and replaced with the title"NOT USED".
B. General
1. The Agreement, as amended by this Amendment, constitutes the entire agreement between the parties relating to
the subject matter thereof.
2. In the event of conflict between the terms of this Amendment and the Agreement with respect to the Marketing
Services, the terms of this Amendment will control. Except as otherwise set forth in this Amendment, all terms of
the Agreement will remain unchanged and in full force and effect. This Amendment may be executed in
counterparts, each of which counterparts, taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be duly executed. Each party warrants and
represents that its respective signatories whose signatures appear below have been and are duly authorized to execute
this Amendment and bind their respective parties hereto.
Accepted by: Accepted by:
Weld County Siemens Enterprise Communications, Inc.
Customer
B ��� �y • By
Authorized Signature Authorized Signature
Sean P. Conway, Chair JUN 18 2012 - � ''--
Name (Type or Print) Date Name (Type r Print) Date
Siemens Enterprise Communications,Inc.
"Siemens Enterprise Communications,Inc"is a Trademark Licensee of Siemens AG
71114 Rev.6(10/08)
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