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HomeMy WebLinkAbout2007-301A 9 J UPS SYSTEMS PRODUCT AND SERVICE AGREEMENT This Product and Service Agreement ("Agreement") made and entered into this 13 day of September, 2007 ("Effective Date") by and between MGE UPS SYSTEMS, INC. ("MGE "), a California corporation with its principal offices located at 1660 Scenic Avenue, Costa Mesa, California 92626, and Indian River County 911 ("Customer"), located at 4225 43rd Ave , Vero Beach, FL, 32967, [If applicable, with billing concerns directed to agent/manager N ( fN located at _tJI A 7. I . Acceptance : Customer' s acceptance of any products (hereinafter referred to as "Product" or "Products") or maintenance services (hereinafter referred to as "Service" or "Services") shall be deemed acceptance of the terms and conditions stated herein. This Agreement sets forth the sole and entire agreement between the parties with regard to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements between them regarding the same. Shipment of Products, acceptance of payment or any inaction by MGE shall be for Customer' s convenience only and shall not constitute MGE's consent to or acceptance of any additional or different terms from those stated in this Agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Agreement. No subsequent alteration of this Agreement whatsoever shall be binding upon MGE unless reduced to writing and signed by an authorized officer of MGE. Any assignment of this Agreement or any rights hereunder by Customer shall be void without MGE's written consent which shall not be unreasonably withheld or delayed. For and in consideration of the contract sum, for preventative maintenance, as outlined in the MGE quote proposal and/or attached Equipment Schedule(s), MGE agrees that it will, by its authorized employees or representatives, inspect, service, and maintain the equipment listed on the Equipment Schedule by performing periodic maintenance and inspection services and/or emergency services as specified. It is the Customer's responsibility to schedule any periodic service appointments and notification of emergencies by telephoning MGE 's Customer Care Center at 1 -800-438-7373. 2 . Subscription and Renewal Process for Services: Within thirty (30) days prior to the date the service portion of this Agreement is to become effective, Customer shall issue to MGE a purchase order in the amount of the contract price specified in the quote and/or Equipment Schedule ("Work Authorization"), The Work Authorization shall specify (i) the purchase price of the Service(s) subscribed by Customer, (ii) the period of time during which the service package covers ("Package Term"), and (iii) list the equipment units and location including equipment serial numbers and equipment model numbers. Failure to issue a Purchase Order, however, shall not relieve Customer from its obligations under this Agreement, including the obligation to pay MGE the consideration specified in the Work Authorization unless Customer elects not to renew the service package with thirty (30) days written notice from the natural expiration of time period covering the previous Package Term. In the event of a renewal, Customer shall receive an updated Equipment Schedule for Customer's signature and Customer shall execute the new Equipment Schedule or issue a new purchase order for the applicable service fee for the renewal term. In the event Customer fails to issue a new purchase order for a renewal period, Customer shall be invoiced in accordance to the terms contained herein. Each and every Work Authorization shall be subject to and shall be incorporated herein by reference to the terms and conditions set forth in this Agreement. 3 . Service Billing: Unless otherwise specified on the Work Authorization, the Customer will be billed annually in advance for preventative maintenance. Any billings for less than the annual period will be prorated on a 365 day basis from the Effective Date of the Work Authorization. Payment in full of the total amount owing, without offset or deduction, is due in accordance with the payment terms specified in the quote and/or Equipment Schedule. If no payment term is specified, Customer shall be required to make payment within thirty (30) days from the date services become effective, or in the event Customer fails to issue a purchase order, within thirty (30) days from the issuance of an invoice from MGE. 4. Product Price and Payment: Unless otherwise stated in MGE ' s quotation, payment terms for Product purchases are Net 30 and all quotations are valid for 60 days from the date of the quote to Customer. Further, unless otherwise specified in MGE' s quotation, Customer shall also pay any sales, use, excise or similar taxes, duties or levies now or hereafter enacted or imposed by any govemmental authority on the manufacture, sale, delivery andlor use of the products sold, or at the time of issuing MGE a purchase order, provide MGE a copy of Customer' s tax exemption certificate. Payment by Customer shall not be contingent upon payment by a third party. MGE retains the right to charge interest at the maximum rate permitted by law for any payments QF-7200-00 Rev C 2007 MGE UPS SYSTEMS PRODUCT AND SERVICE AGREEMENT not paid. Further, in the event of non-payment, MGE retains the right to refuse to provide further product and/or services until payment and/or applicable interest is made to MGE. 5 . Term : This Agreement shall govern the course of business between the Parties and shall remain in effect until specifically terminated by the Parties in accordance with the terms herein. 6. Cancellation, Termination or Suspension of Product and Service: A. Service Cancellation for Convenience: Customer may cancel this Agreement for the Customer' s convenience prior to the natural expiration of the current Package Term for any or all equipment unit(s) listed on the attached Equipment Schedule, PROVIDED HOWEVER, I ) Customer provides MGE with thirty (30) days advance written notice of Customer' s intent for early cancellation for Customer' s convenience, and 2) Customer pays MGE an early cancellation charge equal to ten percent ( 10%) of the contract price for the equipment unit(s) that are being cancelled or $500.00, whichever sum is greater. "Customer convenience" shall be defined as the cancellation of this Agreement or equipment unit(s) ("Cancelled Equipment") without cause and/or not due to an uncured breach by MGE, or in the event Customer takes the equipment unit(s) out of service or replaces the equipment units) with non-MGE units. If Customer cancels for its convenience, any service fees paid in advance will be pro-rated and credited back to Customer in the form of a credit for future Services less the applicable early cancellation fee. If MGE' s service obligations under the attached Equipment Schedule for the Cancelled Equipment include the proactive replacement of capacitors (i .e. ; other than due to the capacitor' s failure) and/or the replacement of batteries, and if the cancellation occurs after the replacement of either component, then in addition to the cancellation fee contained in this section, Customer shall pay MGE the difference between the list price then in effect for the applicable replacement Service and the discounted amount previously paid as part of the service agreement. B. Product Cancellation / Change:_Customer may cancel Product orders accepted by MGE only upon written consent of MGE . In the event of any cancellation or withdrawal of a Product order for any reason, Customer shall pay to MGE 25% of the Product order plus costs incurred by MGE for manufactured goods, and 100% for already purchased buy-out Products relating to the order. Special Product orders for items not normally stocked are non-cancelable and non-refundable. Customer agrees that if Customer hereafter makes any changes in the quantities scheduled for shipment from those shown on Customer's purchase order, Customer agrees to pay MGE any increase in price attributable to MGE's then current prices applicable to any additional quantities ordered, in addition to all actual costs and fees associated with changed orders. C. Termination for Cause: This Agreement, as it relates to Services, may be terminated immediately on written notice by either party in the event the other party (i) breaches any term of this Agreement and fails to cure such breach within thirty (30) days following receipt of written notice thereof from the non-breaching party; (ii) if the other party becomes insolvent or upon the institution by the other party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of its debts; (iii) following the institution of such proceedings against the other party, which proceedings are not dismissed or otherwise resolved in that parry's favor within sixty (60) days thereafter or upon the other party's making a general assignment for the benefit of creditors or the other party's dissolution or ceasing to conduct business in the normal course, (iv) or in the event Customer engages a third party to perform emergency or corrective maintenance on the equipment which is under contract by this Agreement. In the event of a Customer breach of subsection (iv) above, MGE ' s indemnification and warranty obligations hereunder shall be void and MGE shall have no indemnification obligation or liability for damages caused as a result of the third party ' s actions or inaction. The from_ & breach-by N4GE of this A grQomont @; fi-7o , , failai:e by A4C&h to p@F FM any of its QF-7200-00 Rev C 2007 V MGE UPS SYSTEMS PRODUCT AND SERVICE AGREEMENT Ze e remedy shall be exclusively limited and fixed (as Ii uidat a penalty) at the sum equal to the portion,_Qf e paid hereunder by Customer for the period of time that lm.Owffl fi_i - - a WfideF wTaFm t, c_ is oa;ly torminiition r brag h. D. Suspension of Service: In the event Customer fails to remit payment for the amount listed on the Work Authorization, MGE shall have the right without liability and without limiting any other right or remedy available, place Customer on service hold and suspend any and all preventive, corrective, and emergency services to Customer. Suspension of service by MGE does not relieve Customer of its obligation to pay the contracted service fees . In the event of a dispute in payment, the Parties agree to use its reasonable commercial best efforts to resolve the dispute in a timely manner. 7. Shipment and Delivery of Product: Unless other stated in MGE ' s quotation, all prices quoted and Products shipped to Customer are F.O.B. MGE's factory and Customer shall pay all relative freight, handling, delivery and insurance charges. Shipment dates shall be estimated after receiving this executed Agreement. Further, if Customer's order requires approval of drawings or other engineering designs, then shipment dates shall be estimated after receiving written approval. MGE shall not be liable to or responsible for any damages or loss for delay or default due to any cause beyond MGE's reasonable control, nor shall Customer have the right to cancel the Product order due to any delay or default beyond MGE' s reasonable control. In the event that MGE quotes prices in response to a Request for Quote (`RFQ"), or a Request for Proposal ('`RFP"), the prices provided will be valid for sixty (60) days from the date of MGE's written response, provided however, the goods for which the price quotes have been provided are scheduled for shipment within 120 days of the date of MGE ' s written price quote. If shipment of product manufactured by MGE is delayed for the Customer's convenience by more than forty-five (45) days, which exceeds the 120 days of the date of MGE' s written price quote, MGE reserves the right to increase its price for the goods ordered. Any price increase related to steel, copper, lead, and aluminum shall be based on the changes published in the London Metals Index. MGE shall pass along to Customer any increases in the total raw material costs in excess of 10 percent. MGE will submit a price change notification in writing when cost increases necessitate price increases. Written acceptance of the price increase by Customer will be required before shipment. 8 . Service Warranty : MGE represents and warrants that all services performed hereunder shall be performed in accordance with Customer' s specifications and requirements and with all necessary care, skill and diligence. Performed services done during the Package Term are warranted against defects in design and workmanship for a period of ninety (90) days from the date of service or until the expiration, cancellation, or termination of the Work Authorization, whichever time period is sooner. 9. Product Warranty: (a) Unless otherwise agreed in a written document signed by both an authorized officer of MGE and Customer, MGE warrants to Customer that all products furnished to Customer and manufactured by MGE will conform to MGE's written and published specifications, and will be free from defects in materials and workmanship for the first twelve ( 12) months after shipment to Customer. In the event MGE provides start-up of the Product, said twelve ( 12) months shall run from the completion of start-up, not to exceed eighteen ( 18) months from ship date. Parts replaced or repaired during the warranty period shall carry the unexpired portion of the original warranty. (b) MGE will, at MGE' s option, repair or replace any product that does not conform to the warranty provisions as referenced herein. If MGE is unable to repair or replace a product in a reasonable amount of time, Customer has the right to return a defective Product for a full refund of the purchase price. If a Product is to be returned for repair or replacement, Customer must obtain MGE ' s Return Goods Authorization prior to returning defective Product. Non-warranty items returned for repair or replacement must be sent freight prepaid to MGE's factory. (c) This warranty shall not apply to any Product that has been subject to neglect, accident, abuse, misuse, misapplication, incorrect or inefficient connection or that has been subject to repair or alteration by Customer' s personnel or an unauthorized service provider. QF-7200-00 Rev C 2007 MGE UPS SYSTEMS PRODUCT AND SERVICE AGREEMENT Notwithstanding the foregoing, THE WARRANTIES STATED HEREIN ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND CUSTOMER AGREES TO HOLD MGE HARMLESS FROM ANY DAMAGES THAT ARISE FROM SERVICES PERFORMED IN STRICT ACCORDANCE WITH THE CUSTOMER ' S SPECIFICATIONS. Any "Buy-out" parts and/or materials (defined herein as any Non-MGE manufactured parts and/or material(s)), shall be warranted under the manufacturer' s warranty terms and conditions as it may apply, and MGE disclaims any additional warranties, as may be referenced herein or made part hereof. 10. Indemnification: Except to the extent caused by the negligent acts or omissions or willful misconduct of Customer or outside third parties, and subject to the limitations stated herein, MGE agrees to indemnify, defend and hold harmless the Customer from and against direct losses, costs, damages, liability, and expense arising from injury to any person or damage to real or tangible personal property to the extent such is caused by the negligent acts or omissions or willful misconduct of MGE, its employees, or agents in the performance of this Agreement. The indemnification obligations of this section shall only survive as to claims made hereunder on or before that date which is one year from any termination, cancellation or expiration of this Agreement. Customer agrees to notify MGE promptly of any claim against which MGE has agreed to indemnify, and cooperate in every reasonable way to facilitate the defense. Any failure to so notify or cooperate in a timely manner shall relieve MGE of its indemnification obligations to the extent it is prejudiced by such failure to communicate. MGE shall afford Customer, at Customer' s own expense, an opportunity to participate on an equal basis with MGE in the defense or settlement of any such claim. 11 . Limitation of Liability: EXCEPT FOR THE OBLIGATION TO INDEMNIFY FOR THIRD PARTY CLAIMS, MGE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS OR LOST REVENUES OF ANY KIND WHETHER OR NOT MGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR CONNECTED WITH THE SERVICES, PRODUCTS SOLD, EQUIPMENT, MATERIALS, OR ANY GOODS OR SERVICES PROVIDED HEREUNDER OR FROM THE PERFORMANCE OR BREACH THEREOF. IN THE EYENT a EhAlhi „ RISES , RRA.; -RE; NFn6 �,.�99 ,,, NEA_;CT nc Mpi4s r . Anr nvcce no nncwrrc 4AGL'IS ENTI I.YI,4.T;•IT 12:3gZ EA&�SIJChI—CI 41x4 SI ` AI I RE ' OIII I LIlY1I I LV I V PREWEN LIY VII\Ll. I VAIY[TCVLO 1"SI ID pi IYO L IICII RIT OIS � }SAS'i Tilf; IA ()r MG -I DIIID TC]I ' L' OF ' fTY-DAMAGES EXGFED T E OTSL AMOUNT FGR4HEC-P VVllIIIITfS)-PIiD This section shall survive any termination, cancellation or expiration of this Agreement. wo 12. Order of Precedence: The terms and conditions set forth in this Agreement and Schedule(s) shall supersede and replace in their entirety any and all terms and conditions set forth on the face or reverse side of any Purchase Order or other document presented by Customer, except for the specific terms of the Purchase Order setting forth the price and scope of work described herein. 13 . Additional Terms for Service: The attached Schedules are identified as Schedule A- Additional Terms, and Schedule B- Equipment Schedule(s).The additional terms attached in Schedule A are incorporated herein by reference, made part hereof, and can be downloaded at htry II II i_;_r, r Cun? Ilk r iris. 14. Preventative Maintenance: With respect to the Preventative Maintenance (PM) purchased under this Agreement, it shall be the Customer' s responsibility to schedule the PM visits as stated in Section 1 ("Acceptance") of this Agreement. MGE shall attempt to complete the PM (for UPS modules, related equipment and for batteries) within ninety (90) days of the scheduled service date. The scheduled service date will be noted on the Equipment Schedule and vary from annual to semi-annual to quarterly visits depending on the service selected by the Customer. Should the Customer not permit any PM to be completed within ninety (90) days of the scheduled service date, MGE shall deem its obligation for that PM to have been met. QF-7200-00 Rev C 2007 PSI G E UPS SYSTEMS PRODUCT AND SERVICE AGREEMENT l5 . Warranty of Authority: Each party executing this Agreement represents and warrants to the other that it has full power and authority to enter into this Agreement and to bind itself to performance hereunder. Each party further represents and warrants that the individual signing this Agreement has been granted or delegated all requisite power and authority to bind the party on behalf of which he or she signs. CUSTOMER MGE UP SYSTEMS, INC. Signature : - Signat r . Name: .Gary- C . Wheeler Nam Michael C. Dennis Title: CtS -J rman , BCC Title : V. P. of Commercial Risk Management Date: 09 / 1Date: APPROVED Attest : J . K . Barton , Clerk ( � � � w ♦ n By: �1 Deputy Ci ouuty . dminis ! rator APZWiLL1XAMK. DEBK4AW' l". ANBY DEPUTY COUNTY ATTO ' QF-7200-00 Rev C 2007 MGE UPS SYSTEMS August 23 , 2007 Indian River County 91t 4055 41 " Ave. 911 Call Center Vero Beach , FL 32960 Subject: Sole Source Provider Dear Customer: MGE UPS Systems, Inc. is the only authorized service provider of Preventive and Remedial Services for your MGE Emergency Power Equipment. In addition to being provided with constant factory training. MGE Field Engineers are equipped with proprietary field advisories and proprietary service bulletins that allow them instant access to the latest service tips and troubleshooting procedures . They are also equipped with proprietary diagnostic and test equipment that allows only certified MGE Field Engineers to communicate with the UPS units. MGE UPS Systems, Inc . is an ISO9000 manufacturing and service organization . This means that any service problems found worldwide are reported and compared to identify failure trends in both new and mature equipment. Field Change Modifications are included with MGE Service Contracts . This means that MGE Field Engineers will update your equipment to current manufacturing spccitications as determined by MGE Engineering and Quality Control . Should you have any questions regarding the above, or of the scn ices provided by NIGE UPS Systems, Inc. please contract me at 500-344-0570 ext. 7349 . Sincerely, Kim Roza- Pereira Inside Sales Coordinator Customer Support Services Phone : 714- 5 13 - 7849 Fix : 714-556-4427 MGE UPS SYSTEMS, INC. 1660 Scenic Avenue, Costa Mesa, CA 92626 - Tel 714/557- 1636 - Fax 714/557-3256 www.mgeups. com M G E UPS SYSTEMS Quote to: CL51339 MGE Service Benefits You've made a significant investment in your infrastructure by purchasing a UPS. Now you want to be sure that you are doing all you can to protect that investment. When you purchase a service agreement from MGE.. you can rest assured that your equipment will receive the finest care the industry has to offer. After all, no one knows your equipment better than the company who designed and built it. And , with three levels of contracts tailored to meet the needs of our customers, we have a solution for you. What can a Service Agreement with MGE offer you ? Regular Preventive Maintenance Visits With an MGE service agreement, preventive maintenance visits are regularly scheduled from the time your equipment becomes operational . Regular preventive maintenance visits, performed by MGE's certified technicians. ensures the smooth running of your equipment by checking all the parameters in a UPS per factory specifications and proactively taking corrective action. Preventive maintenance visits can significantly reduce your risk of downtime as a complete visual inspection of the system can help detect any faulty parts in addition to identifying any out of tolerance parameters. Priority Emergency Service When your system is down, you need to be back up and running as quickly as possible. When you have a service contract with MGE, any necessary emergency service is handled efficiently and courteously by our Customer Service Representatives who can quickly access your specific site information. All the necessary paperwork and authorizations have already been secured so valuable time is not wasted. MGE's Customer Service Representatives will simply verify the information we have on file for your site and quickly dispatch any necessary service personnel for repairs while notifying you at the same time. Factory Trained Field Engineers When you have a maintenance agreement with MGE, you can rest assured that only the most highly trained, factory certified technicians will be working on your equipment. MGE ensures that each technician undergoes rigorous training that includes hands on as well as formal factory training programs taught by national trainers and senior engineers. Following certification, training remains an ongoing priority and includes: 0 Hands-on, on the job training with senior engineers and team leaders upon deployment to the field . A minimum of 120 hours a year in the classroom earning recertification on products. Training on the latest MGE field modifications and enhancements ensuring they are the most qualified to upgrade or modify MGE equipment As an MGE customer you can be secure in the knowledge that only the finest Service professionals will be deployed to your site for maintenance or emergency repairs. Immediate Inside Support With an MGE service agreement, you have instant access to MGE's state of the art Customer Care Center located at MGE corporate headquarters in Costa Mesa, CA. Through our dedicated facility, MGE is able to offer a superior level of support by consolidating key customer information in a central database to quickly process all service inquiries including. • Basic technical support • Service order processing • 7 x 24 dispatching of Technicians to a customer site • Maintenance scheduling • Contract status and level of support Direct Manufacturer Support With an MGE service agreement, you have instant access to MGE's state of the art Customer Care Center located at MGE corporate headquarters in Costa Mesa, CA. Through our dedicated facility, MGE is able to offer a superior level of support by consolidating key customer information in a central database to quickly process all service inquires including: Regional Senior Field Engineers expenenced in trouble-shooting Factory direct Technical Support Team Factory engineers who design and build MGE products Whatever the problem may be, your service agreement ensures that the problem will be resolved with as little interference to your infrastructure as possible. Spare Parts When you have a service agreement with MGE, MGE recommends a spares kit be available on site. During preventive maintenance visits and in the event of emergency service, having a spares kit on site will minimize any downtime you may experience as a result of a failed component and reduce mean time to repair. In addition to spare parts, MGE can provide spare, fully charged batteries that you keep on site in the event of a failed or defective battery — a major liability to the integrity of your system . MGE UPS SYSTEMS, INC. 1660 Scenic Avenue , Costa Mesa, California 92626 Ivy G E UPS SYSTEMS Quote ID: CL51339 UPS Preventive Maintenance Scope of Work During the preventive maintenance inspection.. the following areas will be inspected and corrective action will be made accordingly. Visual Inspection Check UPS for exterior damage Clean interior of UPS and check for physical damage or deterioration Verify status panel functionality Check ambient temperature and exhaust for operation Check air fillers and verify air flow Spare parts kit inventory (if applicable) Mechanical Inspection Check for non conformance - fit & finish Verify connection integrity Check all power and control wiring and all accessible power cables Check battery cables, connections and posts Electrical Inspection Check all system voltages and system currents Verify PC board calibration and operation Check sub assembly operation (rectifier, inverter, static switch) System Operation Forward XFER Reverse XFER Verify UPS modes of operation: on-line, on battery, on bypass, etc. Verify operation of EPOIREPO Check Alarm interface Maintenance bypass sequence Verify and calibrate display panel if applicable Verify personalization and calibration of all programmable UPS parameters Recommendations Service issues — engineering changes or field modifications Environmental surroundings — improvements needed Advise customer of any batteries that may need replacement Additional recommendations as needed MGE UPS SYSTEMS, INC. 1660 Scenic Avenue, Costa Mesa, California 92626 M G E UPS SYSTEMS Quote ID: CL51339 Battery Preventive Maintenance Scope of Work Inspections can be performed on a quarterly, semi-annual or annual basis. The scope of work is defined by the frequency of inspections. MGE recommends sealed battery inspections semi-annually. Semi-Annual Inspection or Quarterly Inspections Check integrity of battery rack or battery cabinet. Check the general appearance and cleanliness of battery system. Visually inspect the jars for cracks, leaks, or excessive bulging. Check for evidence of corrosion at the terminal post and connectors. Check hardware torque on 10 % of the battery connectors to manufacture specifications. Measure and record ambient air temperature of battery room. Using Albercorp cellcorder, or equivalent, test equipment record DC voltage and internal resistance on entire battery string(s). Measure and record the system DC float voltage and DC charge current. Measure and record the AC ripple voltage or AC ripple current. Provide a report detailing any deficiencies and recommend a corrective action . Documentation shall provide necessary data for the manufacturer's warranty requirements. Annual Inspections Includes all 11 items above. Re-torque all battery connections to manufacture specifications. Note 1 : Battery PMs require the unit to be placed in Maintenance Bypass for the duration of the PM. While in Maintenance Bypass your critical load will be unprotected from any utility power problems. Note 2: Battery terminal cleaning to correct corrosion and oxidation will be implemented when required. Note 3: Battery inspections do not include battery replacement. Note 4: The Albercop cellcorder places a 70 to 75 amp load across each battery and will record both battery float voltage and internal resistance. These values are used as a predicative tool for early detection of a possible failure when compared to manufacture specifications. MGE UPS SYSTEMS, INC. 1660 Scenic Avenue, Costa Mesa, California 92626 M G E UPS SYSTEMS Equipment Schedule A Contract No CL51339 Contract Start Date 911312007 Total Contract Amount $5,082. 30 Contract End Date 911212008 ❑ Check here if equipment schedule is correct. Please mark up this sheet if changes are necessary. Current Invoicing Frequency: Annual Bill To Site 14949 Primary Site 14949 INDIAN RIVER COUNTY 911 INDIAN RIVER COUNTY 911 4225 43rd AVE 4055 41 st Ave 911 CALL CENTER VERO BEACH , FL 32967 VERO BEACH , FL 32960 Senal No Description Support Program Quantity 221091 -01 Uninterruptible Power Supply 50 KVA - Co Contract - ULTIMATE 1 221091 -02 Battery Cabinet - Comet Contract - PM Full Battery (Sealed) 4 221091 -01 Uninterruptible Power Supply 50 KVA - Co PM Full Module Visit. Full UPS 1 Page 1 of 1 THE UNINTERRUPTIBLE POWER PROVIDER 1660 Scenic Avenue Costa Mesa, CA 92626 Tel : 600523-0142 Fax : 714-556-4427 M G E SCHEDULE B UPS SYSTEMS Service Agreement Invoice Authorization Please complete Items #1 through #3 below & provide your authorization at the bottom of this page #1 Billing Address and Site Address We must verify the location of your UPS system and where to send your invoice; please fill out this section completely if the information on Schedule A is incorrect or incomplete. Billing Address ❑ Check if same Site Address ❑ Check here if illing address on Schedule A is correct ❑ Check here if site address on Schedule A is correct Company Name Company Name Street Address Street Address PO Box Bldg , Floor, Rm #'s City, State & Zip City , State & Zi Company Phone Company Phone Fax Number Fax Number Send Invoice To Site Contact AP Contact Contact Email AP Phone Contact Cell #2 1 Payment Options Please Select One Option 1 . ❑ Purchase Order - Net 30 days, PO# (required) 2. ❑ Credit Card Credit Card Number Expiration Date : Card Holder Name Type of Card : Card Holder Signature 3. ❑ My company will not be issuing a purchase order number for this contract. MGE may invoice in my name based on my authorization , with net 30 days. Print your name (Will appear in the PO# field of our invoice to your company) #3 Contract Billing Frequency ❑ Check here if you would like to keep the same billing frequency we have issued to you in the past indicated on Schedule A. Please select your prefierred billing frequency: Options: Option #1 Annual Invoicing: MGE shall invoice the total contract amount on one invoice upon Customer's signature of this Proposal . Semi Annual Invoicing: MGE shall invoice the contract amount as follows: (i) 50% upon Customer's signature of Option #2 this Proposal, and (ii) 50% on or about the middle of the 5th month of the Contract. If this invoicing option is chosen, add 5% to the total contract amount. Quarterly Invoicing: MGE shall invoice the contract as follows: (i) 25% upon Customer' s signature of this Option #3 Proposal , (ii) 25% on or about the middle of the 2nd month , (iii) 25% on or about the middle of the 5th month and (iv) 25% on or about the middle of the 8th month . If this invoicing option is chosen, add 8% to the total contract amount. Option #4 Monthly Invoicing: MGE shall invoice the contract monthly during the Term . If this invoicing option is chosen , add 10% to the total contract amount. MGE UPS SYSTEMS, INC. 1660 Scenic Avenue, Costa Mesa , California 92626 � PH 1 (800) 438-7373 March 2005 Rev A00 MGE UPS SYSTEMS Your Authorization to invoice Bill-to Quote Prepared B (Signature must be an employee with the Bill4o company) MGE UPS SYSTEMS COSTA MESA, CA 92626 Name: Name: Kim Roza-Pereira Title: Director Title: Inside Sales Coordinator Signature : Telephone # 800-344-0570 Extension #7849 Fax: 714-556-4427 E-mail: Kim Roza-Pereira Phone : 72 - 226 - 3859 New Contract #: (L X ) 1 � ->U Date: Site ID #: Signature : C" ^ MGE UPS System's Standard Terms and Conditions of Sale or Service are hereby incorporated by this reference into this document and as such are made a part of this document. Buyer's signature on this Service Agreement Invoice Authorization constitutes Bill to Company's agreement to be bound by MGE's Standard Terms and Conditions of Sale and/or MGE's Terms and Conditions of Service, as they may apply which and can be found at https : liwww. mgeups .comius/product tnc . pgf or WNW. m geups . conllusltnclseryi ce Please return completed Schedules A, B & C to my attention via fax, e-mail address (above), or mail to 1660 Scenic Avenue, Costa Mesa, CA 92626. If you have any outstanding preventative maintenance or battery maintenance visits, please contact our Customer Care Center at 800- 473-7373 to schedule your maintenance before your contract expires. Please call me at 800-344-0570 to upgrade your service agreement coverage, or to answer any questions you may have. Service Agreement Offerings Ultimate Premier Select Labor Included — All Hours Included — 8am — 5PM Discounted Replacement Parts Included Included Discounted Technical Phone Support Included Included Included Call Management Included Included Included On Site Response Time 4 Hours * Next Business Day Next Business Da Emergency Service 7 Days / 24 Hours 8 am — 5 pm, Mon — Fri 8 am — 5 pm, Mon — Fri Guaranteed Callback Response 30 minutes 30 minutes 30 minutes UPS Preventive Maintenance Visits Optional Optional Optional Field Modifications Included Included Included BatteryService Optional O tional O tional * Not available in all areas Battery replacement is not included in any of the above service packages. Capacitor replacement is not included in any of the above service packages. MGE UPS SYSTEMS, INC. 1660 Scenic Avenue, Costa Mesa, California 92626 � PH 1 (800) 438-7373 March 2005 Rev A00