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HomeMy WebLinkAbout2024-204A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK SERVICES AGREEMENT THIS SERVICES AGREEMENT ("Agreement") is made and entered into this 30th day of September, 2024, by and between Communications International Inc, (hereinafter referred to as "Cl") located at 2150 15' Avenue, Vero Beach, FL 32960 in support of Indian River County Emergency Services (hereinafter referred to as "Customer"). This Agreement shall begin on October 1 s`. 2024 ("Commencement Date") and shall continue for a one (1) year period ("Term") through September 301, 2025 ("Expiration Date"). This Agreement, along with its sections and attachments listed below, describes the terms and conditions for purchase of Services by Customer as described in this Agreement or other document(s) attached to and made part of this Agreement. In the event of any inconsistencies or conflicts within this Agreement, precedence shall be given to the documents in the order in which they are listed: SECTION 1 SECTION 11 SECTION 111 ATTACHMENT A ATTACHMENT B SCOPE SCOPE SERVICES GENERAL TERMS AND CONDITIONS EQUIPMENT LIST SERVICE DESCRIPTIONS 1. This Agreement contains the terms and conditions for Customer's purchase and CI's delivery of the Services. CI shall provide the Services described in this Agreement, including its attachments. In addition to the General Terms and Conditions, the Service Descriptions included in Attachment B may contain terms and conditions specific to that service. 2. The Services are defined within this Agreement and are limited to only those Services in Section ("Services") and further described in Attachment B ("Service Descriptions"). All Services provided under this Agreement are only applicable to the Equipment identified in Attachment A ("Equipment List"). Any Equipment not identified in the Equipment List is excluded from the services, 11. SERVICES 13elow sets forth the mutually agreed Services purchased by the Customer. SERVICES Software Services MASS-BSN6J0 includes the services below. • Security Update Management Services (SUMS+) • Software Managed Services (SMS) • Premium Technical Support (PTS) TERM (Period of Performance) Annual Support Fees The Agreement shall begin on the commencement. Date and shall continue for one-year period through Expiration Date. TOTAL ANNUAL SUPPORT FEES (YEAR) $131,513.33 Invoicing will occur annually, and payment will be due 30 days from the date of invoice. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK by the laws of the State of Florida, excluding its rules pertaining to conflict of laws. Customer consents to the personal jurisdiction of the state and federal courts within the State of Florida. Venue for any legal proceedings shall be in any state or federal court in the State of Florida, and the Parties waive all objections based on venue or forum non -convenience with respect to this Agreement. 14. WAIVER OF JURY. By entering into this Agreement, CI' and Customer hereby expressly waive any rights either Party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. 15. LIMITATION OF LIABILITY. a. Nothing in this Agreement shall limit CI' or its suppliers, agents, subcontractors, representatives' liability for personal injury or death caused by its negligence. b. CI liability to Customer or to any Third -Party arising out of or in connection with this Agreement or any collateral contract, whether in contract, tort (including, without limitation, negligence) or otherwise shall be limited to the greater of i) amounts paid or payable by Customer to L3Harris for the applicable Services during the six (6) months preceding the event or circumstances giving rise to such liability or ii) one hundred thousand ($100,000) US dollars The liability of CI shall be cumulative and not per incident. c. Subject to the exceptions set forth in this Section, in no event shall CI, L3Harris or its suppliers, agents, subcontractors, representatives be liable for any incidental, special, punitive or consequential damages, lost profits or lost or damaged data, or any indirect damages, whether arising in contract, tort (including negligence) or othenvise even if such losses or damages were foreseen, foreseeable, known or otherwise. 16. MERGER/ENTIRE AGREEMENT. This Agreement is the complete agreement between the Parties concerning the subject matter of this Agreement and replaces any prior implied, oral, or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties expressed or implied, that are not specified herein. INDIAN RIVER CNTY EMERGENCY SERVICES C By: �ZI4k By: Name: John A. Titkanich, Jr. Title: County Administrator Date: September 10, 2024 Attest Ryan L. Butler, Clerk of Circuit Court and Comptroller By: Deputy Clerk .TIONS INIERNATIC /elm t 2 - Title: Title: ( )( J_ U C 'I— Date: $( -2-�, &P, -( • "gip"hjM�s^ r i,� off'.• . •9i�F� COU4��v �'•; 0 COMMUNICATIONS INTERNATIONAL An Employee Owned Company Communications International, Inc. 2150 15th Ave VERO BEACH, FL 32960 Bill to IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH. FL 32967 Quotation IRC EOC Software Services 2024-2025 L3HARRIS Software services for IRC P25 radio system Oct 1st, 2024 to Sept 30, 2025 STATE OF FLOR�DA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT TMIS IS A TRUE ANO CORRECT COPY OF THE CRIGINAL ON FILE I TMIS OFFICE. RYAN L. BU , CLERK BY n Pag RATE. aL� Quotation ID Date Expiration date Terms Salesperson Phone E-mail Delivery address IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Q00033315 08/07/2024 10/31/2024 N30 Jeffery L Willingham (772) 569-5355 jwillingham@ask4ci.com Line Item Description Quantity Price Discount Net Price Extended Price L3Harris Software Services Oct 1st, 2024 to 1.00 131,513.33 0% 131,513.33 131,513.33 Sept 30th , 2025 Includes part numbers below Premium Technical Support (PTS), Renewal Support YR-SZ2B Security Update Management (SUMS) E -Delivery YR-SZ9F Software Managed Services (SMS) E- Delivery YR-GS5N Order Acceptance - P ease sign below Pre-tax Total $131,513.33 Signature �� This quotation does not include tax Applicable taxes will be calculated during invoicing Printed name John A. Titkanich, Jr. - County Administrator Date September 10, 2024 Not an Invoice - Do Not Pay By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ci.com/termsandconditions This proposal does not reflect (include) material/labor cost escalations beyond a standard inflationary rate (SIR) of 6.5%. We reserve the right to recover cost impacts above (SIR). Equipment will be invoiced upon delivery.