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Home My WebLink About2000-070 Dictaphone Maintenance Agrmt - 911 System• RESOLUTION 70-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLOR]DA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A MAINTENANCE CONTRACT WITH DICTAPHONE CORPORATION ATTACHED AS EXHIBIT "A", WHICH MAINTENANCE CONTRACT IS FOR THE PURPOSE OF MAINTAINING THE 911 LOGGER/RECORDER SYSTEM OF THE PUBLIC SAFETY DEPARTMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve a Maintenance Contract with Dictaphone Corporation attached as Exhibit "A", which Maintenance Contract is for the purpose of maintaining the 911 Logger/Recorder System of the Public Safety Department. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Maintenance Contract with Dictaphone Corporation as set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach, Florida. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 2000. 1 (Village Seal) MAYOR • ATTEST: ~ ~ t!~~ VILLAGE CLERK ---, ~ ~~ . MIA.- 8-00 THU 2:21 Pld BAAHT AHD BALDWiN FAX N0, 5618421548 hDl/ 0B •00 1437 FR TO 35619421S4B • dlCtdp~OAQ DICTAPHONE CORPORATION 7~jMS FOR ASSURED PeRFORMANCe PLAN OPTION 1 • STANDARD COVERAOH t. For a pefiod not to exceed flue (5) years from the date of original Sala, and cubJact l0 the terms and conditions hereo/, OiUaphone Corporation ('Dictephonery hall maintain, for the erfginal purchaser (•Custome~, the Dictaphone supp08d ftardware (the 'Equipmentry and Dictaphone supplied software (the 'Programs', cvAectlvely witlt the Equipment, the 'System? covered hereby in an effiGent operatng conditon (aubJed to the Amitadons of Acenaed third party software), inGuding software 'bug totes, patches, or shop repairs or overhauls N deemed necessary by Dictaphono m accordance With and aubJect to the IImiWUons of the terms of the this Assure Performance Plan (`APPry optlon (I or 11) as eslected by Customer, SeMce contemplated hereby is on a year-to-year oasts at the prevamng mafntenanco rate each year or as may otherwise be proNded In a separete agreement between Dictaphone and Customer (the ramie of which take precedence over this APP), provided that the Equipment Is placed under this APP within one (1) year form date of original sale, and this APP is continued In force without lapse. During said five (5) year period, used Equipment or pquipmem whldt has not been continuously covered under this APP shall be atlgible for coverage if Dictaphone detennMes after inspection that the equipment is in good operating conditon. If the used Equipment Is not In such condition, the customerwlll be charged a separate charge for required mod~cetlons to such Equipment Equipment more than Ave (5) years old may be covered Dy this APP at the sole dlscregon of Dictaphone. 2~' All necessary replacement parts will bo famished to Customer by Dictaphone without charge except, when replacement Is required because of (gAre, ftovd yr other casuaky, accident, abuse, misuse, mishandling, power Ana fluctuations, computer viruses unattributable to Dictaphone, or use or recording media, disks, platens, ribbons, printwheels or other consumables other than typo recommended by Dictaphone or () use or operation with equipment, systems, peripherals or software not supplied to customer by Dictaphone. The labor Doer, for repair or replacement of record or roproduce head assemblies, assodated waft multichannel fecording and reproducing equipment is covered by this agreement Not withstandng anything to the contrary herein, parts for repair or replacement of record or reproduu head assemblies will be opted at then currant Ast prices. 9. No charges will be made for necessary servlee caps during normal working hours, except when caused by nre, flood or other casualbr, acddertt, abuse, misuse, mishandAng, power Ane fluctuatons, computer viruses unanrtbutable to Olctaphone, or use Of recording media, disks, ribbons, printwheels or other consumables other than type or speeiflcatlon recommended or aulhortted by Dictaphone or use or operation whh equipment, systems, peripherals or software not supplied to Customer by Dictaphone. Dictaphone shall not be obligated to provide seMce outside of normal working hours uniess Customer has selected Option II. Service cells after normal working houro will be charged at Dictaphone's then attlndard hourly overtlme rates. Normal working hours are defined as; 8AM (0800 hours) l0 5PM (1700 hours), Monday through Friday, excluding Unfted States federal holidays. .~.w~. P. e2~03 - / u ._....,,..~,~w. _,.; 6-00 TBU 2:26 PM BRANT AND BALDWIN FAX N0. 5618421546 P. '3 Y ~ NOV 00 `00 1439 FR TO 15618421548 p•0t~ • 4. Problems caused to Programs or Equipment COVerod by this APP by p) any non•Dictephone software used with Equipment by Customer or (~ the use or operation of any equipment, syctems, peripherals or wftware not supplkd to Customer by pictnphone Is not covered hereunder. This Includes, but is not timlad to, computor viruses unatdibulabte to Dictaphone. Dictaphone's reprasentaWe, wii at the customers request, Mdti attempt to eomect any problem Contemplated by this Section 4 and rostore Customofs Programs and Equipment covered by this APP t0 original operotlng condition at the then uxrent standard hourly rote. NOTWITHSTANDING ANYTHING TO THB CONTRARY HEREIN, DICTAPHONE SHALL NOT BE LIABLE HEREUNDER FOR ANY INCIOt.NTAI., SPECU4l. OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED T0, LOST PROFITS OR LOST REVENUE) OF ANY KIND. 5. On applicable Systems, softwaro cuppon, meUitefrance upgrades, and teptacemant of existing Programs during nonnai working houro is inrhtdsd. Twonly-tout hour diagnostic monttoring via SeMce Our Syslam (SOS) -call rosponea featuro is included. On-site response to aftentroure SOS calls for Option 1 NNI be during nomtal workng hours of the next business day. 6. Supplies such as expendable betteAss, recording Media, disks, printwheels, or other Consumables, such as printer maintenance kits, are not covered under this APP. 7. The APP rates to ba charged ere subJeCt to change ii Equlpmant is moved to geographic loeadon which Is not within the name service area. e. Unless otherwise stated in a cvparats agreement between Dictaphone and Customer (the terms of which take precedence over this APP), Invoices vNll ba rondered yearly In advance, at the rate established by Dictaphone at the time and aro payable upon receipt. Customer hereby agrees to pay any salec tau or other tax Imposed wi81 respect to this agreement. Convening between options will be effective et the annual ronawal date. t3aAier conversion is et the discretion of Dictaphone, This agreement may be assigned by Customer vrith prior written consent of Dictaphone, In ICs cola discretion. 9. Additional Equlpmant and Programs Durchsssd by Customer from Dictaphone may be added to this APP under the APP optbn provloualy selected unless otherwise spodfied at the time of purchase thereof. This APP vNM be temtinatad automatically with rospect to equipment traded In for new Equipment 10. This APP is sub)ect to approval by Dictaphone, and may be cancelled by Dictaphone if recording media, disks, aecessorkis, attachments or consumables other than type or specification recommended by Dictaphone are used, or ff any modiflcadons are made to the Equipment and/or Programs Dy anyone other than authorized Dictaphone personnel, includkrg, but not limited to Customer, Customer agent, employees, or contractors. 11, This Agreement is for one (1) gear unless both parties agree in writing to extend the Agreement for one or more years but not to exceed a total of five (5) years. • ~._ 0+~t one Cor ion ayor By• ~i5%ie/ r/~ P c~ /~l~/!~/` TEST: ~c z age C ark ~ RESOLUTION 70-2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERIC TO ENTER INTO A MAINTENANCE CONTRACT WITH DICTAPHONE CORPORATION ATTACHED AS EXHIBIT "A", WHICH MAINTENANCE CONTRACT IS FOR THE PURPOSE OF MAINTAINING THE 911 LOGGER/RECORDER SYSTEM OF THE PUBLIC SAFETY DEPARTMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve a Maintenance Contract with Dictaphone Corporation attached as Exhibit "A", which Maintenance Contract is for the purpose of maintaining the 911 Logger/Recorder System of the Public Safety Department. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Maintenance Contract with Dictaphone Corporation as set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach, Florida. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 2000. (Village Seal) 8-00 THU 2:27 PM BRART AND BALDWIN NO(! ea '00 14'37 FR Dictaphone FAX NO. 5618421548 To 15618421540 P.02/03 /?E1'7 £° DICTAPHONE CORPORATION TERMS FOR ASSURED PERFORMANCE PLAN P. 2 OPTION 1- STANDARD COVERAGE 1. For a period not to exceed five (6) years from the date of originl sate, and subject to the terms and conditions hereof, Dictaphone Corporation ("Dictaphone") will maintain, for the original purchaser (-Customer), the Dictaphone supplied hardware (the 'Equipment) and Dictaphone supplied software (the "Programs", collectively with the Equipment, the "System') covered hereby in an efficient operating condition (subject to the limitations of licensed third patty software), including software "bug foes, patches, or shop repairs or overhauls if deemed necessary by Dictaphone in accordance with and subject to the limitations of the terms of the this Assure Performance Plan CAPP" option (1 or II) as selected by Customer. Service contemplated hereby is on a year-to-year basis at the prevailing maintenance rate each year or as may otherwise be provided In a separate agreement between Dictaphone and Customer (the terms of which take precedence over this APP), provided that the Equipment Is placed under this APP within one (1) year form date of original sale, and this APP is continued in force without lapse. During said five (5) year period, used Equipment or Equipment which has not been continuously covered under this APP shall be eligible for coverage if Dictaphone determines after inspection that the equipment is in good operating condition. If the used Equipment is not In such condition, the customerwll be charged a separate charge for required modifications to such Equipment Equipment more than five (5) years old may be covered by this APP at The sole discretion of Dictaphone. 2. All necessary replacement parts will be furnished to Customer by Dictaphone without charge except, when replacement is required because of ()fire, flood or other casualty. accident, abuse, misuse, mishandling, power line fluctuations, computer viruses unattributable to Dictaphone, or use of recording media. disks, platens, ribbons, printwheels or other consumabies other than type recommended by Dictaphone or (i) use or operation with equipment, systems, peripherals or software not supplied to customer by Dictaphone. The labor cost, for repair or replacement of record or reproduce head assemblies, associated with multi -channel recording and reproducing equipment is covered by this agreement Not withstanding anything to the contrary herein, parts for repair or replacement of record or reproduce head assemblies will be billed at then current list prices. 3. No charges will be made for necessary service calls during normal working hours, except when caused by fire, Flood or other casualty, accident, abuse, misuse, mishandling, power fine Fluctuations, computer viruses unattnbutable to Dictaphone, or use of recording media, disks, ribbons, printwheels or other consumables other than typo or specification recommended or authorized by Dictaphone or use or operation with equipment, systems, peripherals or software not supplied to Customer by Dictaphone. Dictaphone shalt not be obligated to provide service outside of normal working hours unless Customer has selected Option It. Service calls after normal working hours will be charged at Dictaphones then standard hourly overtime rates. Normal working hours are defined as: 8AM (0800 hours) to 5PM (1700 hours), Monday through Friday, excluding United States federal holidays. oX,y/i/xli 8-00 THU 2:28 PM BRANT AND BALDWIN NOV 00 '00 14:39 FR FAX NO. 5618421548 P. 3 TO 15610421548 P.03iO3 4. Problems caused to Programs or Equipment covered by this APP by (I) any non -Dictaphone software used with Equipment by Customer or 1 the use or operation of any equipment, systems, peripherals or software not supplied to Customer by Dictaphone is not covered hereunder. This includes, but is not limited to, computer viruses unattributable to Dictaphone. Dictaphone's representative, will at the customers request, will attempt to correct any problem contemplated by this Section 4 and restore Customer's Programs and Equipment covered by this APP to original operating condition at the then current standard hourly rote. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DICTAPHONE SHALL NOT BE LIABLE HEREUNDER FOR ANY INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST REVENUE) OF ANY KIND. 5. On applicable systems, software support, maintenance upgrades, and replacement of existing Programs during normal working hours is Included. Twenty-four hour diagnostic monitor -Ina via SeMce Our System (SOS) call response feature is included. On -site response to after-hours SOS calls for Option I will be during normal working hours of the next business day. 6. Supplies such as expendable batteries, recording media, disks, printwheels, or other consumables, such as printer maintenance kits, are not covered under this APP. 7. The APP rates to be charged are subject to change if Equipment is moved to geographic location which Is not within the same service area. a. Unless otherwise stated in a separate agreement between Dictaphone and Customer (the terns of which take precedence over this APP), Invoices will be rendered yearly in advance. at the rate established by Dictaphone at the time and are payable upon receipt Customer hereby agrees to pay any sales tax or other tax Imposed with respect to this agreement Converting between options will be effective at the annual renewal date. Earlier conversion is at the discretion of Dictaphone. This agreement may be assigned by Customer with prior written consent of Dictaphone, In Ws sole discretion. 9. Additional Equipment and Programs purchased by Customer from Dictaphone may be added to this APP under the APP option previously selected unfess otherwise specified at the time of purchase thereof. This APP will be terminated automatically with respect to equipment traded in for new Equipment. 10. This APP is subject to approval by Dictaphone, and may be cancelled by Dictaphone if recording media, disks, accessories, attachments or consumables other than type or specification recommended by Dictaphone are used, or if any modificadons are made to the Equipment and/or Programs by anyone other than authorized Dictaphone personnel, including, but not limited to Customer, Customer agents, employees, or contractors. 11. This Agreement is for one (1) year unless both parties agree in writing to extend the Agreement for one or more years but not to exceed a total of five (5) years. Mayor 3jEST: llage Clerk 74/ Ate .A W/N(C_ Dirt one Cor ion By . er.9� r / Tid/e/ /nEt o /d/! e/`