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HomeMy WebLinkAbout20011778.tiff SIEMENS Supplement to Agreement for Products and Services for SmartServe Support Services Plan(s) Customer Name: 7807 E.Peakview Reference Agreement No.: 1327 Weld County Suite 400 Reference Edtibit No.: Power Quote Ref No.: DRSA30103C Englewood,CO 80111 Region Office No.: M17 Customer Address: 4209 Weld County Road WCR 24.5 Customer No.: 7747367 Term Commencement Date: October 15,2001 Longmont.CO 80504 Extended Tenn: 5 Supplement Effective Date: October 15,2002 This Supplement,when signed by Siemens Enterprise Networks, LLC(Siemens),is Siemens'acceptance of an order from the Customer(you)for the SmartServe Support Services Plan and Option(s)(Plan),a summary of which is set forth below,for the eligible Products installed at your Premises specified above.As used in the Supplement and Plan, Purchase Price means charges for Maintenance Support Services or Support Services.The initial Purchase Price is set forth on the last page of this Supplement.The parties agree that the terms set forth herein and in the referenced Agreement for Products and Services or other agreement,whichever is applicable(Agreement),and the referenced Exhibit(s),if any, apply to such order.The Plan is an integral part of this Supplement and is incorporated herein by reference.A copy of such Plan is available upon request. SmartServe Support Services Plan(s)for: SmartServe Basic Consisting of: Major Response:4 Hours Price Protection-Option SmartServe Support Services for HICOM 300 E-Model 30EX/EP SmartServe Basic Consisting of: 85E Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Emergency Coverage Customer Participation:Analog Customer Participation:Digital Annual Prepayment Option Price Protection-Option SmartServe Support Services for PhoneMallKL/NOVA SmartServe Basic Consisting of: 85E Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Emergency Coverage Annual Prepayment Option Price Protection-Option SmartServe Support Services for ACD SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Annual Prepayment Option Price Protection-Option SmartServe Support Services for Integra Track SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours SmartServe Support Services for Reporting SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Annual Prepayment Option Price Protection-Option SmartServe Support Services For Peripherals L�ee/S` SmartServe Basic Consisting of: 0011.110-4" _ , , 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays gyp-2� 01`u7) 2001-1778 Siemens,Hicom,Redwood, SATURN,PhoneMail,SmartServe are registered trademarks of Siemens. All other trademarks used herein Date Printed 6/1/2001 are the property of their respective owners. 1 Major Response:4 Hours Annual Prepayment Option Price Protection-Option Discounts that apply to all products: 1. TERM OF SERVICE The Products will have a one-year term of service(Term)commencing on the Term Commencement Date specified in the initial Supplement, unless you have selected three,four or five consecutive one-year Terms under the Price Protection Option or Annual Prepayment Option (Extended Term)described in the applicable Plan or three year consecutive one-year Terms(Extended Term)under the Extended Support Option described in the SmartServe Support Services Plan for Data Networking Products.The Products'Term or Extended Term will be renewed automatically for successive one-year Terms unless either party gives the other party written notice of the withdrawal of the Products from the Plan.You may make such withdrawal by giving Siemens 30 days'prior written notice,which withdrawal will be effective at the end of the 30th day. Siemens may make such withdrawal by giving you 30 days'prior written notice,which withdrawal will be effective on the expiration of a Term or 2. Purchase Price And Payment You agree to pay to Siemens the Purchase Price and other charges due hereunder.Siemens will invoice you the Purchase Price every three months in advance(excluding APO)and other charges when or after they are incurred. Payment is due within 30 days after the date of each Siemens invoice.Siemens, at its option,may(a)impose a late payment charge as set forth in such invoice,and limited by the maximum rate permitted by law,on any amount due that is not paid by such due date,and(b)suspend services in the event your payments are not current under this Supplement, or any other agreement for Products or Services relating to the Products covered by the referenced Agreement.The late payment charge will accrue from such invoice date until such amount is paid. The initial Purchase Price will be specified in the initial Supplement.Adjustments to the Purchase Price specified in the Supplement may be made _ before the Term Commencement Date to reflect additions and/or deletions.Thereafter,Siemens will review the Products annually for additions and/or deletions and will make appropriate adjustments to the Purchase Price.All additions will be subject to Siemens'then-current Purchase Price.The Purchase Price and any credits associated with any additions and/or deletions to the Products made by you,or other vendors authorized by you,will be invoiced to you upon their discovery by Siemens or upon your notification to Siemens.Any Products added to the initial Supplement will be serviced in accordance with the applicable standard Maintenance Support Services or Support Services available for that For the initial one-year Term,the Purchase Price will be those charges specified in the initial Supplement subject to adjustments as set forth in the previous paragraph.After the initial one-year Term,Siemens will use its then-current Purchase Price provided Siemens gives you 30 days'prior written notice.All additions will be subject to Siemens'then-current Purchase Price.The revised Purchase Price will become effective on the next annual anniversary of the Term Commencement Date. However,without prior notice,Siemens may change the hourly rates and minimum charges for Regular and Overtime Hours. You may add or delete any Option available under the Plan by giving Siemens 30 days'prior written notice.Specified termination charges set forth in the Price Protection Option,Annual Prepayment Option and Extended Support Option will apply.However,the same Plan and Option(s)apply to the same type of Products, unless otherwise specified by Siemens. The Purchase Price will be adjusted, if applicable. 3. SERVICES FOR ADDITIONAL CHARGE You will be billed at Siemens'then-current hourly time and material charges for Services performed by Siemens due to any of the following circumstances: (a)Your failure to follow Siemens and/or the manufacturer's maintenance or operation instructions for the Product, (b)Theft,strikes,riots,vandalism,acts of war,lightning,water,fire and other perils; (c)Work performed by persons other than Siemens personnel or without Siemens supervision; (d)Shock,corrosive atmosphere,electrical damage,accident,air conditioning or humidity control failure; (e)Service calls necessitated by products not serviced by Siemens; (f)Normal wear and tear of disposable items such as magnetic tapes,wet cell batteries and other such operating media; (g)Service requested outside of Coverage Hours described in the SmartServe Support Services Plan,or on an expedited basis; (h)Any cause other than your ordinary and proper use of the Products;or (i)Any Services necessitated by Year 2000 Noncompliance of any Products 4. GENERAL In the event you decide to upgrade the Siemens-manufactured Products to be Year 2000 compliant,upon your request,Siemens will upgrade such Siemens-manufactured Products,at your expense,under Siemens'then-current terms,which will include the warranty set forth in Exhibit No. 2000UPG. IF YOU ELECT NOT TO UPGRADE NONCOMPLIANT SIEMENS-MANUFACTURED PRODUCTS,SIEMENS WILL HAVE NO OBLIGATION OR LIABILITY UNDER THE PLAN FOR LOSSES OR DAMAGES,INCLUDING BUT NOT LIMITED TO,DIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES,ARISING OUT OF OR IN CONNECTION WITH YEAR 2000 NONCOMPLIANCE, EVEN IF SIEMENS HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. SIEMENS WILL NOT BE LIABLE TO YOU FOR ANY COSTS,INCLUDING LONG DISTANCE OR NETWORKING CHARGES,RESULTING FROM THE USE OF THE PRODUCTS BY YOU,YOUR EMPLOYEES OR ANY THIRD PARTY,WHETHER OR NOT YOU AUTHORIZE SUCH USE. For non-Siemens Products, Response Times and other service commitments set forth in the Plan are subject to the availability of Parts and technical support from the Products'manufacturers or their authorized service and Parts suppliers. SPW Siemens,Hicom,Redwood,SATURN, PhoneMail,SmartServe are registered VR.R80.PS.05 trademarks of Siemens. All other trademarks used herein Date Printed 6/1/2001 are the property of their respective owners. 2 Siemens may modify the terms set forth herein and in the Plan by giving you 30 days'written notice. However,such modified terms will not become effective until the first day after the expiration of the Term or Extended Term. By signing below,you and Siemens(1)agree that the terms of the referenced Agreement, Exhibit(s),if any,and Plan apply to this Supplement,and(2)accept this Supplement and the referenced Exhibit(s)and Plan.. Weld County Board Accepted by: of Commissioners Siemens Enterprise Networks,LLC Customer By: �� By: 4Vri1 Authonzed Signature / glthorized Signature M. J. Geile, Chair 06/27/2001 lit- L/A06 1C 22111 01_ Name(Type or Print ) Date Name(Type or Print) Date SPW Siemens,Hicom,Redwood,SATURN,PhoneMail,SmartServe are registered VR.R80.PS.05 trademarks of Siemens. All other trademarks used herein Date Printed 6/1/2001 are the property of their respective owners. 3 SIEMENS Customer Name: Weld County Maintenance Support Provided: SmartServe Support Services Plan(s)for: SmartServe Basic Consisting of: Major Response:4 Hours Price Protection-Option SmartServe Support Services for HICOM 300 E-Model 30EXIEP SmartServe Basic Consisting of: 85E Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Emergency Coverage Customer Participation:Analog Customer Participation:Digital Annual Prepayment.Option Price Protection-Option SmartServe Support Services for PhoneMailKtINOVA SmartServe Basic Consisting of: 85E Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Emergency Coverage Annual Prepayment Option Price Protection-Option SmartServe Support Services for ACD SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Annual Prepayment Option Price Protection-Option SmartServe Support Services for Integra Track SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours SmartServe Support Services for Reporting SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Annual Prepayment Option Price Protection-Option SmartServe Support Services For Peripherals SmartServe Basic Consisting of: 85 Coverage: 8 a.m.to 5 p.m.,M-F,excluding Siemens holidays Major Response:4 Hours Annual Prepayment Option Price Protection-Option Maintenance Service Pricing: Includes all discounts listed above. Siemens Enterprise Networks, LLC SPW VR-R80.PS.05 6/1/2001 1 HICOM 300 E-Model 30EX/EP $ 8,855.82 PhoneMailKUNOVA $ 4,729.05 ACD $ 1,848.60 Integra Track $ 191.16 Reporting $ 125.77 Peripherals $ 920.16 Annual Maintenance Service Charge $ 16,670.56 Annual Pre-payment Discount $ (666.82) Total Charges After Discounts $ 16,003.74 Siemens Enterprise Networks, LLC 2 SPW VR-R80.PS.05 6/1/2001 Hello