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HomeMy WebLinkAbout10479RESOLUTION NO. 10479 A RESOLUTION APPROVING AN AGREEMENT BETWEEN QWEST INTERPRISE AMERICA, INC. AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO ACQUISITION OF PUBLIC SAFETY PRODUCT HARDWARE, SOFTWARE, INSTALLATION, TRAINING AND MAINTENANCE RELATED TO THE E911 SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between Qwest Interprise America, Inc. ( "Company ") and the City of Pueblo, a Municipal Corporation, relating to the provision of certain public safety product hardware, software, installation, training and maintenance related to the E911 system, a true copy of which is attached here ( "the Agreement'), having been approved as to form by the City Attorney, is hereby approved, subject to an unexpended balance of appropriations therefore existing in the City's 2005 budget. SECTION 2. Funds necessary to meet the City's financial obligations under the agreement during 2005 shall be payable from the unexpended balance of appropriations budgeted in the City's 2005 Budget for the Police Department, from Account No. 101 - 2040 - 421.70 -05. SECTION 3. The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk is hereby authorized and directed to affix the Seal of the City thereto and attest same. INTRODUCED August 22, 2005 4 s BY Michael Occhiato Councilperson T S 4�� Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: AUGUST 22, 2005 DEPARTMENT: POLICE CHIEF JAMES W. BILLINGS, JR. TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN QWEST INTERPRISE AMERICA, INC. AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO ACQUISITION OF PUBLIC SAFETY PRODUCT HARDWARE, SOFTWARE, INSTALLATION, TRAINING AND MAINTENANCE RELATED TO THE E911 SYSTEM ISSUE Whether to approve the agreement for upgrades to the E911 system? RECOMMENDATION The department recommends approval of the agreement. BACKGROUND This upgrade of the E911 telephone system, from Phase I to Phase II status, will allow the City of Pueblo Communication Center to accept emergency 911 telephone calls from cellular telephone users and be able, with appropriate mapping programming, to physically locate that cellular user and respond with appropriate emergency personnel. With the present equipment and programming, the Communication Center could not provide the appropriate emergency response in the case of an E911 hang up or when the victim /caller was unable to provide information for whatever reason as to their location. FINANCIAL IMPACT Funds in the amount of $163,631 to upgrade the E911 system in the Communications Center of the Police Department will come from budgeted and appropriated funds in the 2005 budget. PUBLIC SAFETY PRODUCT CPE E911 SALES /INSTALLATION AGREEMENT Qwest Interprise America, Inc. ( "Qwest ") and City of Pueblo ( "Customer "), a municipal corporation organized under the laws of the State of Colorado, hereby enter into this Public Safety Product Sales /Installation Agreement ( "Agreement "). Customer's current address, facsimile number, and person designated for notices are: Captain Robinson 130 Central Main St. Pueblo, CO. 81003 719- 553 -2569, with a copy to: City Manager, City of Pueblo, 1 City Hall Place, Pueblo, CO 81003. 1. Products and Services Supplied under this Agreement. 1.1 Qwest will provide and Customer will purchase the Public Safety Product hardware and /or software ( "Product ") specified in Attachment 1 to this Agreement. Customer will purchase Product(s) to provide public safety emergency communications services. 1.2 Qwest agrees to install Product(s) specified in Attachment 1 according to the terms and conditions described in Attachment 2 to this Agreement, titled, Installation. 2. Sales Price and Payment Terms. 2.1 Qwest's prices for Product(s) and installation appear in Attachment 1 to this Agreement. All charges will be paid within 30 days after receipt of the invoice and in accordance with the payment schedules referenced in Attachment 3 to this Agreement, titled, Payment Schedule. Prices quoted in this Agreement will be good until Aug. 31 2005. After such date, prices are subject to change. 2.2 Late Payment Charge - Qwest will apply a service charge of 1' /x% per month on any unpaid balance not received by Qwest within 30 days of the invoice date. 3. Taxes and Fees. Prices do not include taxes or fees, of any kind, established by governmental authorities. Customer will pay all such applicable taxes and fees when billed by Qwest. Alternatively, Customer may supply Qwest a tax exemption certificate in a form satisfactory to Qwest. 4. Customer Responsibilities. 4.1 Customer will ensure that its personnel are available to receive delivery of Product(s) at site, at a date and time to be determined between Qwest and Customer. Risk of loss and damage to Product(s) passes to Customer upon delivery of Product(s) to Customer at site. 4.2 Customer agrees to grant reasonable right of entry to Qwest's representatives to deliver the Product(s) and /or perform all services contemplated under or by virtue of this Agreement, and will make available a reasonable amount of appropriate secure space for storage of Product(s) or parts as necessary. 4.3 Customer will be responsible for proper site preparation, for meeting and maintaining proper environmental conditions, including but not limited to, air conditioning, cleanliness, temperature requirements, and electrical requirements as indicated by the manufacturers of Product(s) in Attachment 1. 4.4 Product(s) delivered to Customer will be available at site on the installation date. The estimated installation begin and complete dates are identified in Attachment 2 to this Agreement. 5. Health and Safety Compliance. Qwest and Customer will adhere to all applicable health and safety laws, rules and regulations including the Occupational Safety and Health Administration's ( "OSHA ") rules and regulations. Customer agrees to certify that there is no asbestos on any premises in any areas where Qwest will be working. In the event Customer will not certify an asbestos free environment or asbestos is discovered in the Qwest work area, there may be additional costs to perform under this Agreement in compliance with OSHA's rules and regulations. Customer understands and agrees this Agreement does not include the prices attributable to working in an asbestos environment including, but not limited to, asbestos sampling, testing, cleanup, or rerouting or delays caused by any of the above. Customer understands and agrees that prices attributable to any of the above will be in addition to the price agreed to herein and the Customer agrees to pay the additional amounts. Customer's non - compliance with this provision will be considered as Customer's default under this Agreement. 6. Limitation of Liability. 6.1 OPERATION OF PUBLIC SAFETY SYSTEMS, CUSTOMER PREMISES SERVICES AND PRODUCT(S) IS THE SOLE RESPONSIBILITY OF CUSTOMER. QWEST'S SOLE UNDERTAKING IS LIMITED TO PROVIDING THE PRODUCT(S) SOLD AND INSTALLATION OF THE PRODUCT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE PROVISION OF PRODUCT(S) SOLD AND SERVICES PERFORMED BY QWEST TO CUSTOMER WILL NOT BE INTERPRETED, CONSTRUED, OR REGARDED, EITHER EXPRESSLY OR IMPLIED, AS BEING FOR THE BENEFIT OF, OR CREATING ANY QWEST OBLIGATION TOWARD ANY THIRD PARTY OR LEGAL ENTITY OTHER THAN CUSTOMER. QWEST'S OBLIGATIONS EXTEND SOLELY TO CUSTOMER. OMR: 1105814 Page 1 V1.091604 6.2 QWEST WILL IN NO EVENT BE LIABLE TO THE CUSTOMER, OR TO ANY PERSON OR COMPANY USING ANY PRODUCT OR SERVICE SUPPLIED UNDER THESE TERMS AND CONDITIONS OR TO WHOM CUSTOMER FURNISHES A PRODUCT OR SERVICE, FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF THIS AGREEMENT. QWEST'S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER WILL IN NO EVENT EXCEED THE HIGHER OF THE REPAIR OR REPLACEMENT COST OF THE ITEM WHICH DIRECTLY GIVES RISE TO THE CLAIM. THIS PARAGRAPH WILL NOT OBLIGATE THE CUSTOMER TO INDEMNIFY QWEST FOR DAMAGES SUFFERED BECAUSE OF QWEST'S NEGLIGENCE OR INTENTIONAL ACTS WITH RESPECT TO QWEST'S PROVISION OF EQUIPMENT OR INSTALLATION OF EQUIPMENT COVERED BY THIS AGREEMENT. 7. Order Changes. For changes to an order for Product(s) and /or installation between the time the Agreement is signed and the installation completed or Product(s) delivered, whichever is applicable, the additional Product(s) or installation requests and the appropriate charges will be shown on an addendum, signed by authorized representatives of both parties, and attached to the appropriate Attachment and made a part of this Agreement. 8. Right to Subcontract. It is specifically agreed that Qwest may subcontract all or any portion of the work without the prior written consent of Customer. Qwest will remain responsible for the work of any subcontractor. 9. Indemnification for Claims Associated with Personal Injury, Death, or Property Damage Only. To the extent permitted under applicable law, each party will indemnify and hold harmless the other party in connection with claims, losses, damages, liabilities, and law suits to the extent they arise from, or are alleged to arise from, negligent acts solely in connection with a party's performance under this Agreement or a party's use of, or operation of, the Product(s) sold and installed under this Agreement. This indemnity extends solely to claims and lawsuits for personal injury, death, or destruction of tangible property. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. 10. Confidentiality. Neither Party shall, without the prior written consent of the other Party: use the name, trademarks, other proprietary identifying symbol of the other Party or its affiliates, trade secrets, intellectual property or other confidential or proprietary information, such confidential or proprietary information being marked or otherwise identified as confidential. Such consent by Qwest may be given only by Qwest's Corporate Communications Department or Chief Marketing Officer or his /her designee, as applicable. Any purported consent by any other person, including any Qwest sales or customer service representative, is void and of no effect. The parties agree that information concerning the terms and conditions (including rates) of the Agreement, the existence of the Agreement, the parties to the Agreement or Customer's assessments of Qwest's performance under the Agreement are not confidential information under this Agreement. 11. Customer Acceptance. Customer must notify Qwest in writing, specifying any portions of the Product(s) listed in Attachment 1 that are unacceptable. If Customer has not so notified Qwest within 10 days from the installation date or delivery date, whichever is applicable, Product(s) will be deemed accepted. 12. Warranties 12.1 THE WARRANTY PROVIDED IN THIS PARAGRAPH IS LIMITED AND EXCLUSIVE. NO OTHER WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY TO SERVICES RENDERED UNDER THIS AGREEMENT. 12.2 WARRANTY FOR PRODUCT(S) WILL BEGIN ON THE ACCEPTANCE DATE AND WILL CONTINUE FOR ONE FULL CALENDAR YEAR. DURING THIS WARRANTY PERIOD, QWEST WILL PROVIDE SERVICE TO KEEP PRODUCT(S) LISTED IN ATTACHMENT 1 IN GOOD WORKING ORDER AND TO ENSURE PRODUCT(S) CONFORM TO THE SPECIFICATIONS, TERMS, AND CONDITIONS OF THIS AGREEMENT. 12.3 DURING THE WARRANTY PERIOD, QWEST WILL REPAIR OR REPLACE, AT NO CHARGE, PRODUCT(S) QWEST FINDS TO BE DEFECTIVE DUE TO QUALITY OF MATERIAL OR MANUFACTURER'S WORKMANSHIP. FOR PRODUCT(S) SOLD BUT NOT INSTALLED BY QWEST, A 90 DAY WARRANTY WILL BEGIN ON THE DATE OF DELIVERY OF THE PRODUCT(S) TO CUSTOMER. 12.4 PERSONNEL FURNISHED BY QWEST WILL BE QUALIFIED TO PERFORM TASKS AND FUNCTIONS FOR WHICH THEY ARE ASSIGNED AND WILL PERFORM THEM IN A PROFESSIONAL MANNER. 12.5 IF THE PRODUCT(S) OR SERVICES FAIL TO MEET THE TERMS OF THIS WARRANTY AS A RESULT OF THE ACTIONS OR NEGLIGENCE OF CUSTOMER OR ACTIONS OF A THIRD PARTY (OTHER THAN AN AGENT OF, OR INDEPENDENT CONTRACTOR OF QWEST), OR DAMAGE RELATING TO ACTS OF GOD, FIRE, VANDALISM, OPERATOR ERROR, USE OF IMPROPER SUPPLIES, OR CUSTOMER INTERFACES OF PERIPHERAL EQUIPMENT, THEN CUSTOMER WILL PAY ALL CHARGES ASSOCIATED WITH THE REPAIR OR REPLACEMENT THEREOF IF CUSTOMER SO ELECTS TO REPAIR OR REPLACE SAID ITEMS. OMR: 1105814 Page 2 V1.091604 13. Exclusions to Warranties. 13.1 THE WARRANTIES PROVIDED BY QWEST UNDER THIS AGREEMENT DO NOT INCLUDE THE FOLLOWING SERVICES: a. FURNISHING SUPPLIES WHICH ARE NOT PART OF THE PRODUCT(S) OR FURNISHING MATERIAL THEREFOR; b. ELECTRICAL WORK EXTERNAL TO PRODUCT(S) SOLD UNDER THIS AGREEMENT; c. WORK OR SUPPLY OF MATERIAL RELATING TO MAINTAINING A PROPER ENVIRONMENT AT SITE UNLESS INDICATED IN ATTACHMENT 1 TO THIS AGREEMENT; d. EQUIPMENT NOT SOLD, INSTALLED, AND MAINTAINED BY QWEST EXCEPT FOR THE 90 DAY WARRANTY FOR PRODUCT(S) SOLD BUT NOT INSTALLED BY QWEST. 13.2 QWEST DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR FREE. 13.3 WARRANTY DOES NOT COVER PRODUCT(S) AFFECTED BY OPERATOR ERROR, MISUSE OF PRODUCT(S) OR FORCE MAJEURE EVENTS. 13.4 WARRANTY AND MAINTENANCE ON UNINTERRUPTED POWER SUPPLY ( "UPS ") ARE THROUGH THE MANUFACTURER AND DO NOT INCLUDE BATTERY REPLACEMENT. 14. Software License. One or more of the Product(s) may be or may contain software. In some cases the Product(s) manufacturer ( Qwest's vendor) has embedded such software into the hardware as an integral part of the Product(s). All software remains the property and full ownership of the creator, developer, manufacturer, or copywriter, whichever the case may be. If required by creator, developer, manufacturer or copywriter, a license must be granted to the end -user ( Qwest's Customer), to use such software and may contain specific terms and conditions for such use. These specific terms and conditions for use are governed entirely by said creator, developer, manufacturer, or copywriter and will be adhered to by both parties. Upon the requirement of creator, developer, manufacturer or copywriter to execute a Software License Agreement or Software Sub - License Agreement by end -user and /or Qwest, such license will be executed as required and will become a part of this Agreement by reference. 15. Default by Customer. In the event Customer fails or neglects to comply with any term or condition of this Agreement or to pay for services as provided herein, Qwest will have the right, after written notice, to cease performance or warranty service hereunder. This remedy will be in addition to any other remedies, including termination, available to Qwest in law or equity. Qwest will be entitled to recover reasonable attorneys' fees and costs of collection associated with enforcing its rights hereunder. 16. Dispute Resolution. The parties shall attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or related to this Agreement. Either party may initiate negotiations by providing a Notice to the other party setting forth the dispute and the relief requested. If the parties are unable to resolve such dispute within a reasonable period of time, either party may commence a civil action in a court in competent jurisdiction located, at the option of the moving party, in either (i) the place of business of the other party, as indicated in the address set forth for such party on the Signature Page to this Agreement, or (ii) in Pueblo, Colorado. Each party hereby expressly waives its right to a trial by jury and consents to the jurisdiction of such courts for the purposes herein. Such court shall have no authority to award any indirect, incidental, special, punitive or consequential damages, including damages for lost profits. 17. Lawfulness. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Service is provided. 18. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Qwest at 1801 California Street, Suite 900, Denver, Colorado 80202; Facsimile #: (888) 778 -0054; Attn.: Legal Department, and to Customer at its then current address as reflected in Qwest's records; Attn.: General Counsel or other person designated for notices. Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after delivered via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate notification is also sent in the manner set forth in subsection (b). 19. Subject To Appropriation. Customer is a Colorado municipality subject to certain limitations set forth in the Constitution and laws of the State of Colorado. Nothing in this Agreement, nor in any attachments thereto or tariffs or other material incorporated by reference, shall constitute, nor be deemed to constitute, an obligation or other indebtedness or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of Customer within the meaning of any constitutional, statutory or charter debt limitation. At the time of entering into this Agreement, it is the intent of Customer to satisfy its future obligations under this Agreement, and to budget in future years for appropriations sufficient to fulfill said obligations. Notwithstanding any other provision of this Agreement in the event the legislative body for Customer does not in any future year budget or appropriate sufficient funds to satisfy said obligations, the Customer may terminate this Agreement by giving Qwest not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds, Customer shall remit all amounts due and all costs reasonably incurred by Qwest through the date of termination. OMR: 1105814 Page 3 V1.091604 20. General. 20.1 Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. 20.2 This is a retail end user contract. It may be assigned only with the consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 20.3 This Agreement benefits Customer and Qwest. There are no third party beneficiaries. 20.4 If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 20.5 This Agreement constitutes the entire understanding between Customer and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. Qwest and Customer execute and authorize this Agreement as of the last date shown below: C' f Pueblo, a MunicZal o rati ALIth brized S1 Robert Schilling / Name Typed or Printed Qwest Interprise America, Inc Authorized Signature Susan Baker Name Typed or Printed President of the City Council Title $ 1,�22/200,5' Date Address for Notices ATTEST: City Cle OMR: 1105814 Lead Finance Title Date Address for Notices Page 4 V1.091604 ATTACHMENT? TO PUBLIC SAFETY PRODUCT SALES /INSTALLATION AGREEMENT BETWEEN CUSTOMER AND QWEST INTERPRISE AMERICA, INC. CUSTOMER PROPRIETARY NETWORK INFORMATION 1. Product Pricing PRODUCT(S) 220- 000121- CC Daisy Chain Kit 6 401 PCB Assembly - Terminal Block 1 Cost will be waived if purchased with 912349/P Life Line 100 Shelf Upgrade Kit (/A - /M to /P) 1 Positron Power 911. 912342/P NIM Module Upgrade Kit (/A - /KR1 to /P) 6 912343/P COM Module Upgrade Kit (/A - /J to /P) 2 912345/P SIO Module Upgrade Kit (/A - /J to /P) 2 IAP Plus Backroom 600140/2 CC Daisy Chain Kit 6 $ 264.00 $ 1,584.00 600320/6 Line /Lamp Concentrator 7 $ 1,257.00 $ 8,799.00 600323/1 Position Controller 1 $ 2,000.00 $ 2,000.00 Subtotal $ 12,383.00 Power 911 Software M odel De scription 912612 Life Line 100 / Power 911 Interface Software 1 $ - $ - Power 911 Software - Up to 10 Pos (IAP or 913105/421 Norstar) 7 $ 4,456.00 $ 31,192.00 Power 911 Server SW - Up to 10P (IAP or 913205/421 Norstar) 1 $ 4,456.00 $ 4,456.00 Redundant Server SW - Up to 10P (IAP or 913226 Norstar) 1 $ 310.00 $ 310.00 913160 Power 911 Integrated TDD Software 7 $ 599.00 $ 4,193.00 Integrated Call Rec (per position)(up to 10 913155 positions) 7 $ 599.00 $ 4,193.00 914130/1 Power 911 Config and SAN - Workstation 7 $ 240.00 $ 1,680.00 914130/2 Power 911 Config and SAN -Server 1 $ 2,460.00 $ 2,460.00 Subtotal $ 48,484.00 Power 911 Hardware M odel De scription Qty. Unit Total 913550/2 IAP /PC Card (6 wire handset / for IAP backroom) 7 $ 3,096.00 $ 21,672.00 914100/NS Power 911 W/S Computer (No Monitor) 7 $ 1,980.00 $ 13,860.00 914225 Power 911 Database Server 1 $ 6,131.00 $ 6,131.00 We are not quoting monitors.You can purchase them on a County contract for much less. 914403 IWS 16 Port 10/100 Auto - Sensing Switch 1 $ 424.00 $ 424.00 914410 Power 911 UPS 8 $ 636.00 $ 5,088.00 914420 Power 911 Server Tape Backup System 1 $ 3,255.00 $ 3,255.00 914520 RAS Modem 1 $ 181.00 $ 181.00 OMR: 1105814 Page 5 V1.091604 914450 RAID Disk Array 1 $ 2,037.00 $ 2,037.00 Subtotal $ 52,648.00 Power MIS Power MIS Installation - per day 1 $ 1,380.00 $ 1,380.00 950200 M odel De scription 4,140.00 $ 4,140.00 950250 Power 911 Installation - each additional position 3 920000 Power MIS 3.0 Software & Documentation 1 $ 711.00 $ 711.00 920002/A Power MIS 3.0 Data License 7 $ 650.00 $ 4,550.00 920020/6 Power MIS 3.0 - Server S/W & Config (5 -15 pos) 1 $ 3,840.00 $ 3,840.00 920021/6 Power MIS 3.0 - Server (1 -5 pos) 1 $ 3,120.00 $ 3,120.00 Subtotal $ 12,221.00 Training 960790 Power 911 Administrator Training (per day) 3 $ 1,650.00 $ 4,950.00 960800 Power 911 Call Taker Training (per day) 2 $ 1,650.00 $ 3,300.00 960575 Training - Living Expense Per Day 5 $ 240.00 $ 1,200.00 960580 Training - Travel Fee 1 $ 1,500.00 $ 1,500.00 Subtotal $ 10,950.00 Installation 950220 Power MIS Installation - per day 1 $ 1,380.00 $ 1,380.00 950200 Power 911 installation - Up to 4 Positions 1 $ 4,140.00 $ 4,140.00 950250 Power 911 Installation - each additional position 3 $ 1,035.00 $ 3,105.00 960575 Installation - Living Expense Per Day 8 $ 230.00 $ 1,840.00 960580 Installation - Travel Fee 1 $ 1,500.00 $ 1,500.00 Subtotal $ 11,965.00 Software Maintenance for P911 & PM/S - Yearly 950771 SAN Maint for Operating System - Per Pos 7 $ 220.00 $ 1,540.00 950881 S/W Maint for Power 911 & MIS - Per Pos 7 $ 920.00 $ 6,440.00 Subtotal $ 7,980.00 GRAND TOTAL FOR EQUPIMENT AND SOFTWARE MAINTENANCE $156,631.00 2. Installation Pricing. Customer will pay the following total installation charge for the Product(s) listed above: $7,000 OMR: 1105814 Page 6 V1.091604 ATTACHMENT TO PUBLIC SAFETY PRODUCT SALES /INSTALLATION AGREEMENT BETWEEN CUSTOMER AND QWEST INTERPRISE AMERICA, INC. INSTALLATION 1. Qwest's Responsibilities. To ensure that the Product(s) set forth in Attachment 1 have been installed according to the manufacturer's specifications. 2. Customer's Responsibilities. 2.1. Proper site preparation, including, but not limited to, allowing compliance with manufacturer's specifications of floor plan requirements, as well as providing necessary openings, ducts, 4' x 8' sheet of 3/4" plywood for terminals and cross connect field, and conduits in floors and walls. 2.2. Meeting and maintaining proper environmental requirements as indicated by manufacturer of Product(s) listed in Attachment 1. 2.3. Providing electric current and grounds for any necessary purpose, related to this Agreement, with suitable outlets in rooms where required, including, but not limited to, providing proper lighting for installation personnel. 3. Time and Materials Charges. Additional time and materials charges are applicable under the following circumstances: 3.1. Any modifications to building's electrical system required to install listed Product(s) and not provided by Customer; 3.2. Drilling of access holes and provisioning of suitable conduit (if required) from equipment room to dispatch center for cable access and not provided by Customer, 3.3 Customer requests that Qwest connect the Product(s) to voice recorder equipment which was not purchased under this Agreement. 4. Target Dates. 4.1 Installation begin date: Sept. 1st 2005 (estimated) 4.2 Installation complete date: Sept. 22nd 2005 (estimated) Customer Qwest (Initials) OMR: 1105814 Page 7 V1.091604 ATTACHMENT TO PUBLIC SAFETY PRODUCT SALES /INSTALLATION AGREEMENT BETWEEN CUSTOMER AND QWEST INTERPRISE AMERICA, INC. PAYMENT SCHEDULE Product Pricing Summary: Product $ 156,631.00 Installation $ 7,000.00 Total $ 163,631.00 Payment Schedule: Contract Signing Product Delivery 20% = $ 32,726.00 50% = $ 81,815.00 Date of Accep ance 30% _ $ 49,090.00 Customer fic Initials) Qwest (Initials) OMR: 1105814 Page 8 V1.091604