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HomeMy WebLinkAbout20081760.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PHONE SYSTEM UPGRADE FOR PHONE MAIL SYSTEM AND AUTHORIZE CHAIR TO SIGN - SIEMENS COMMUNICATIONS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Phone System Upgrade for the Phone Mail System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Communication Services, and Siemens Communications, Inc., commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Phone System Upgrade for the Phone Mail System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Communication Services, and Siemens Communications, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: taligilf'�� � . $ illiam H. Jerke, Chair Weld County Clerk to the - t� L J'�", ' XCUSED Robert D. BY: Deputy Cler to the Board /12 W F. Garcia APP: : . A /fir .� Davi . Long "noun y Attorney /2O�7� ugla Rademac er Date of signature: �� 2008-1760 CM0017 Co ; FSC10- s ) 0 LAJ SIEMENS SCHEDULE A PRODUCTS ORDER Customer Name and Invoice Address: Date: 6/19/2008 WELD COUNTY Quotation No.: E08E0619179101 1401 N 17th Av Last Modified: 6/19/2008 11:22 GREELEY,CO 80631-9503 Agreement Type: (x)APS ()Other Product(s)Location Address(Premises): Weld County North Administration Reference Agreement No.: 1327 1401 N 17th Street Reference Exhibit No(s): SDST MST Greeley,CO 80631 Customer Contact:Susan Quick Email:squick@co.weld.co.us Intended Cutover/ Siemens Region Office Address: Implementation/Installation 9/20/2008 Siemens Communications,Inc. Date: 7810 Shaffer Parkway Suite 100 Quote Expiration Date: 10/17/2008 Littleton,CO 80127 Siemens Contact:Tom Yetzer Scope Of Work: Siemens will provide the Products and/or Services,as applicable,as further set forth beginning on the next page. Purchase Price excluding sales tax: $150,313.56 By signing this Ordering Document(Schedule A),Siemens Communications,Inc.(Siemens)and the Customer(you)agree that the terms of the referenced Agreement for Products and Services(APS)or other agreement,whichever is applicable(Agreement),and the referenced Exhibit(s)apply to the Products and Services listed in this Schedule A.Site-specific terms are set forth herein.The prices in this Schedule A are valid provided Siemens receives the Schedule A and,if applicable,the referenced Agreement,signed by you,on or before the Quote Expiration Date specified above,and these documents are acceptable to Siemens. Accepted By: WELD COUNTY Siemens� Communications,Coni - � Inc./AC/ By.: Lf '7iii/ By'.® /K.l�� ✓`— q�i Authorized Signature Authorized Signature William H. Jerke, ChairJUN 3 2008 Nadine Hocking ��/� Board of Commissioners Name(Type or Print) Date Name(Type or Print) Date EP0 REL 1.6.1 2008-1760 Schedule A 6/192008 Quotation No.EOSE0619179101 6/19/2008 1122 SITE-SPECIFIC TERMS For:WELD COUNTY This Schedule A,which contains proprietary Product,Services and pricing information,has been prepared for the express purpose of allowing you to evaluate the information contained herein relating to the Product and Services offering of Siemens.Except as otherwise required by law, it may not be reproduced,used by or disclosed to persons not employed or retained by you for the evaluation and implementation of this Schedule A without Siemens'prior written consent. Any performance by Siemens against this order is subject to,and contingent upon,credit approval or worthiness,at Siemens'sole discretion. Siemens reserves the right to modify or withdraw credit terms at any time without notice,and to require guarantees,security or payment in advance of delivery of the Products and/or Services. It is your responsibility to comply with all laws,rules,and regulations applicable to your use and operation of recording adapters.You agree that Siemens,its suppliers and subcontractors,are not responsible for your operation and use of the recording adapters in contravention of laws, rules and regulations,even if Siemens is aware of the actual or intended use and operation.You will indemnify and hold harmless Siemens,its suppliers,and subcontractors from and against any loss,claim,damage or liabilities(or actions in respect thereof that may be asserted by any third party)that may result from any third party claims to the extent such liabilities result from the use of the recording adapters in contravention of laws,rules and regulations.You will reimburse Siemens for all expenses,including counsel fees,as incurred by Siemens in connection with any such action or claim. If this Schedule A only contains Products,the payment terms for this Schedule A are as follows:You will receive a first invoice for 25%of the Purchase Price,which is due no later than 30 days after your execution of the Schedule A;and a second invoice for the remaining 75%of the Purchase Price,which is due no later than 30 days after the delivery of any of the Products to the Premises. 100%of the total Products transportation charges and applicable taxes and governmental fees,for which you are liable,will be invoiced to you as separate line items on the second invoice,and are due at the same time as the payment of the Purchase Price on the invoice. If this Schedule A contains Products and installation Services,the payment terms for this Schedule A are as follows:You will receive a first invoice for 25%of the Purchase Price,which is due no later than 30 days after your execution of the Schedule A;a second invoice for 50%of the Purchase Price,which is due no later than 30 days after the delivery of any of the Products to the Premises;and a third invoice for the remaining 25%of the Purchase Price,which is due no later than 30 days after the Cutover Date of the Products.75%and 25%of the total Products transportation charges and applicable taxes and governmental fees,for which you are liable,will be invoiced to you as separate line items on the second and third invoices,respectively,and are due at the same time as the payment of the Purchase Price on each invoice. This Schedule A and any subsequent Installation Change Order does not provide any estimated taxes.Exact taxes will be verified against local sales tax regulations and reflected in Siemens'invoices to you. Should you elect to lease-finance the Products set forth on this Schedule A,Siemens must receive the following paperwork no later than 30 days prior to the Cutover, Implementation or Installation Date of the Products:(1)a Purchase Order or similar document and a valid,properly executed Resale Exemption Certificate from your leasing company,and(2)a properly executed Siemens Assignment of On-Order Products document.Siemens will not invoice you the applicable taxes upon receipt of the aforementioned documents provided it receives them prior to the time frame specified in the previous sentence.If Siemens does not receive the aforementioned leasing documentation by the time it is required by contract to invoice you the applicable taxes,the order will be considered a"sales"transaction,and you will be liable for such taxes to Siemens as Siemens is liable to pay such taxes to the applicable State. Notwithstanding the foregoing,you are still required to make the applicable progress payments to Siemens,or arrange to have your leasing company to make such progress payments to Siemens,in accordance with the time frames in the Schedule A(excludes leases transacted through the Siemens Equipment Finance Division of Siemens Financial Services,Inc.,formerly Siemens Credit Corporation). In the event you fail to make any payments when due under the Schedule A or subsequent orders relating to the Products,Siemens may immediately suspend performance until payment is received.If any amount due is not paid in accordance with the specified terms,you agree to pay Siemens on demand,as a late charge, 1.5%per month,limited by the maximum rate permitted by law,on such overdue amount.The late charge will accrue from such due date until such amount is paid. Notwithstanding anything to the contrary in the Agreement,you are responsible for the Products'transportation charges to your Premises. These charges will be based on the pre-tax net purchase price of the equipment portion of the Products specified in the Schedule A and ICO and will be included on an invoice to you. Complete the following if you would like to receive an introduction to Joint Users of Siemens Technologies-United States(JUST-US) Contact Name: Company Name: Mailing Address: Telephone No. Siemens shall not be obligated to perform any obligations under this agreement and shall not incur any liability or consequence as a result of such non-performance to the extent that performance would constitute a violation of or would result in the imposition of any sanctions under any law,regulation or other applicable national or international foreign trade and customs requirements or embargos. If Siemens is providing installation Services,and Siemens determines that a site survey is required,the prices in this Schedule A are preliminary prices pending a full site survey of the Premises.Final prices will be provided only after completion of such a survey.Siemens provides remote project management and eight hours of in-service support as a default with all Siemens provided installations.On-site project management and flexible deployment services are listed as budgets to provide services based on the presented requirements of the installation. You have purchased Voice over Internet Protocol(VoIP)Products on this Ordering Document that will necessitate your network to comply with the minimum network performance requirements provided to you by Siemens.In order for such VoIP Products to operate in accordance with the manufacturers'published functional specifications,Siemens must receive a completed network assessment from you that confirms such compliance,as determined solely by Siemens.You may request Siemens to perform a network assessment under Siemens'then-current terms and charges. Any education and training ordered under a Purchase Order must be completed in total within six months after(i)the later of the shipment date, Cutover Date or date of acceptance,as applicable,for the Product(s)set forth under the Purchase Order,or(ii)the signature date on the Purchase Order document if only education or training Services,and no Product(s),are set forth under the Purchase Order.In the event any ordered education and/or training is not completed in such period,Customer shall be deemed to have cancelled the training and/or education. The Customer agrees that any damages incurred by Siemens as a result of such cancellation are difficult to ascertain and that as liquidated damages and not as a penalty,all payments for the training deemed cancelled shall be forfeited by Customer and Siemens will not refund or credit any charges for such education and/or training,nor apply the amount of any such education and/or training charges to any other ordering document Customer may place with Siemens in the future. EPO REL 1.6.1 Schedule A 6/19/2008 Quotation No.E0660619179101 6/19/2008 11.22 PRODUCTS ORDER DETAILED LIST OF PRODUCTS AND SERVICES For WELD COUNTY Product(s)Location Address(Premises): Weld County North Administration-1401 N 17th Street,Greeley CO 80631 Customer No.: Location Stations/Connections Summary: Analog Stations: 0 Digital Stations: 0 IP Stations: 0 SIP Stations: 0 Trunking Connections: 72 Cornet Connections: 0 Custom MAC to HiPath 4000 19 inch Host V30 Qty List Install Discount Total Number of connections for Xpressions,CAP Media,PhoneMail 72 18,914.04 6,912.95 (7,565.62) 18,261.38 Subtotal 18,914.04 6,912,95 (7,565.62) 18,261.38 Xpressions V5 Qty List Install Discount Total Xpressions System Base Package 1 560.00 0.00 (224.00) 336.00 Xpressions Server Enterprise Redundant(opt) 1 7,064.25 385.94 (0.00) 7,450.19 Xpressions Voice 100 Licenses 2 16,000.00 3,080.00 (6,400.00) 12,680.00 Xpressions Voice 500 Licenses 1 40,000.00 7,700.00 (16,000.00) 31,700.00 Xpressions Voice 1000 Licenses 1 80,000.00 15,400.00 (32,000.00) 63,400 O0 Xpressions Unified 100 Licenses 1 16,000.00 1,540.00 (6,400.00) 11,140.00 Xpressions Fax Licenses-per user 25 1,000.00 385.00 (400.00) 985.00 Xpressons Type Base Mixed Voice AND Unified 1 0.00 7,875.00 (0.00) 7,875.00 PRI T1 Voice FAX Cards maximum 23 channels per card 3 28,500.00 0.00 (11,400.00) 17,100.00 Xpressions 1-Port Connection 69 6,900.00 0.00 (2,760.00) 4,140.00 Text_To_Speech Realspeak Telecom 2 1,300.00 0.00 (520.00) 780.00 Subtotal 197,324.25 36,365.94 (76,104.00) 157,586.19 SHOPPING LIST Qty List Install Discount Total Corporate Education HtPath Xpressions 5 Sys Admin 2 6,450.00 0.00 (0.00) 6,450.00 Subtotal 6,450.00 0.00 (0.00) 6,450.00 EPO REL 1.6.1 Schedule A 6/19/2008 Quotation No.E08E0619179101 6/19/2008 11:22 PRODUCTS ORDER SUMMARY OF PRODUCTS AND SERVICES For:WELD COUNTY Sites/Locations: List Install Discount Total Weld County North Administration 222,688.29 43,278.89 (83,669.62) 182,297.56 Subtotal 222,688.29 43,278.89 (83,669.62) 182,297.56 SubLabor: Total Xpressions Migration On-Site Support and 5,016.00 Documentation Subtotal 5,016.00 Additional Material: Total Subtotal 0.00 FIPS: Total Subtotal 0.00 Pricing Adjustments: Total Trade In Credits -37,000.00 Subtotal -37,000.00 EPO REL 1.6.1 Schedule A 6/19/2006 Quotation No.E08E0619179101 6/19/2006 11.22 PRODUCTS ORDER SUMMARY OF PRODUCTS AND SERVICES For:WELD COUNTY Stations/Connections Summary: Analog Stations: 0 Digital Stations: 0 IP Stations: 0 SIP Stations. 0 Trunking Connections: 72 Cornet Connections: 0 SUB TOTALS: Price Running Total Materials: $216,238.29+ $216,238.29 System Discount: $7,565.62- $208,672.67 Application Discount: $76,104.00- $132,568.67 Shopping List: $6,450.00+ $139,018.67 Shopping List Discount: $0.00- $139,018.67 Labor $43,278.89+ $182,297.56 Labor Hours Adj: $0.00+ $182,297.56 Labor Discount: $0.00- $182,297.56 Sub Labor $5,016.00+ $187,313.56 Additional Materials: $0.00+ $187,313.56 FIPS: $0.00+ $187,313.56 Pricing Adjustments: $-37,000.00+ $150,313.56 NET TOTALS: MAT:$102,018.67+LBR:$48,294.89=TTL:$150,313.56 EPO REL 1.6.1 Hello