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Home My Public Portal AboutStaplesVwnniu--niait�ions Our Pledge of Service, Quality, and Commitment At Staples Communications, setting the highest standards for customer service comes naturally. We believe our Customers should receive service excellence each and every time. And we promise to deliver each and every time. David len, hnectu of Malnte nce Programs Service Coverage Proposal - Negotiated System Type CoveragrAIM tes NORTHERN MTCS- 10/25/01 OF GULF STREAM T3 E� .0 vee __DATE .i Jl PLEASE REMIT STAPLES COMM CATIQNV — MAINTENANCE PRO DBMR (REPT. 4 RESEARCH DRIV S I E4 00 SHELTON, C n- 21 QUESTIONS? CONTACT MR. EYE'fRMAN Amount Service Charge Tax Service Tax Total 1, 3 6 91 F"H HERE AND RETURN WITH PAYMENT 00 1,369.80 Payment Amount Enclosed $ - eomu rxe•eb, mN�r[c,n.*:r uta. num mnnmx+v�av ti•n wwWe uvnn.•se u'myam lane ew Ganbexe. trAn yvrgi Iervuxa uMer Inc nApf14 Mme..e cme.lair..IHTNmI Nvl e:r4�lohe creel wiN T. mKe lGeewk ek mkt G'aN^NteUM'..kefee1Ntl01e eWlMme'�I MetiG�[.v�e"huhNeN^towJuwnl�rml NI1NYll a1 WYmN1f/1M1i N'Ie'J. 056-085475 TOWN OF GULF STREAM Attn:HARRZNGTON E 100 SEA ROAD GULFSTREAM FL 33483 INVOICE NUMBER: M1078508 INVOICE DATE: 13-NOV-01 PAYMENT DUE ON: 05 -OCT -01 CURRENT COVERAGE TYPE' Basic Coverage M1078508 pasict Coverage It you have any questions, p ease ca I us a11-800-efe-9866 It you elect not to be covered by our Maintenance Program, service will be performed on a time and materials bave at man current rales. Most customers find the Maintenance Program attractive because It covers all Scrince mr me fixed payment. which eliminates unexpected charges, Savee time, and alloses Mote accurate budgeting of expenses. please direct all ingulnes to Anne Maintenance Programs Ocpanmenl Srap/es CommunicalioM1S 4 Research Drive, Sulfa 500 Sneeon, CT 06484 STAPLES MAINTENANCE PROGRAM TERMS AND CONDITIONS PARTIES AND APPLICABILITY These Terms and Conditions apply to the Maintenance Program provided by Staples Communications ("Company') to the parry named as addressee in the accompanying Maintenance Program invoice ("Customer"). By payment of the invoice, Customer agrees to these Terms and Conditions, which shall not be amended or supplemented and shall supersede all others unless otherwise mutually agreed in writing. THE PRODUCT The selected Mointcnana Piogrars pertains to the equipment and software (the "Product") specified and installed at the address indicated in the acrnm lanying enclosed invoice (the "Authorized location-). The Maintenance Fee is calculated based on the number of working pons (defined as working eximsions, with or without accompanying phones, plus working lines), plus anyand all peripheral cquipmcnL Customer agrees to ensum that the Authorized Location maintains a room temperature ranging between 70'F and 80'17, relative humidity not exceeding 80% noncondensing, and a three -foo/ minimum clearance in front of the cquipmrnt. Company also advises Customer to provide a dedicated power source of 117 volts a-� 20 amp circuit with a ground arida good earth ground for the Product. If the Authorized location fails to meet these specifications, or if the Product is moved from the indicated loeatioru without the written consent o(the Company, subject to the terms and conditions as maybe established by the Company, then the Company shall have the right to terminate the Maintenance Program without any liability to the Customer_ - TYPES OF PROGRAMS AND COVERAGES FULL SYSTEM COCERIGE TOTAL PROTECTION PROGRAM Re=ular Service P.mr card Labor eorcnge is provided within 20 haus, 20 hours per day. 7 days a week. including Federal holidays. Includes line conditioner. CO line protector and power conditioning. As long as the Total Prounion Program is in effet. we coves the system against lightning strikes and power surge, and spSmsixOno annual preventive maintenance checkup and femom clrar, 7 days a wrrk, 24 hours a day, aro also included. Major Clause Service Major outage coverage is Provided within 7 hours, 24 hours per day, 7 days a week• including Federal holidays. ADVANCED MAINTENANCE PROGRAM Regular Service Para and Labor coverage is pravided within 24 hours. only during normal working hours (11:00 AM to 5:00 PM. Monday through Friday) excluding Federal holidays. Orme annual prventive manumanrechockup and remote clans, 7 days a seek, 24 hours a day, aro also included. Major Davis, Ser— ii,—Maine Outage coverage is PmVlded within 7 hours, 24 hours per day. 7 days a week. excluding Fed<ul bolida)s. BASIC MAINTENANCE PROGRAM# Rrgular Scrice Pans and Labor coverage is provided within 24 hour,. oNy during iu mal working hours (g:00 AM to 5:00 PAI, Monday through Friday), exdudingFdcnl holidays. Remamcmen, during normal working hours (8.00 AM to 5.00 PM Monday, through Friday) included Major Outage Service Major Outagccovcrage is provided within 7 Man only during normal working hours (8.00 AM to 5:00 PM. Monday khrugh Friday), excluding federal holidays PAR7SOA'LFC04ER1GE MATERIALS ONLY PROGRAM The Matetals Only Program corm only the equipment. parts and non-Lusi Cost Routing witwue imullydbyshc Company for the Customs. The Materials Only Fee iscalcutawA bund on the number of snstallod waking porn (defined as working eatensrons, with ar witboul acrompmymg phonm. plus workmg lino), plus any and all peripheral oquspmeni (ne'Ptoduet"). Labor performed by the Company and its subeonaaelms will be billed at the rte charged by the Company for similar weak performed al similar times in the same general location. Regular Service The Regular Service hours are normal working hours (8:00 AM to 5:00 PM, Monday through Friday). excluding Federal holidays. Major Outage Service Major Outage coverage is provided within ) hours only during normal working Noun (11 Do AM to S.D0 PM, Monday through Friday) excluding Federal holidays CONDITIONS FOR MAJOR OUTAGE SERVICE Major Outage Service will be provided waste one ofthe followiag conditions ellit- • Tbc central or say attached processorcuaol Place, receive or retrieve calls. The mais, amenhust romok moot plate or receive call. A minimum of 20% of all data rad rtephone ports taunt receive or place calls A salutations of 20% of all trunks are isoperative The lose of on ACD Croup. Ilse or recorder. MAINTENANCE FEEIPAYUENT Upon payment in full of this invoice as evidenced by Customer's ntsreled chwk. Company wall provide to Customer full and exclusive maintenance oflhe Product. under it. tams and conditions of the Maimenanco Program desenbsd above and selected by Customer. for the period noted an the front of the accompanying invoice (the "Term') No later than the EfrWr a Date of the Maintenance Agmeenent or any renewal Nemo( Customer shall under in cash or aim transfer, to Company the notal Minacsrnce Fee odicandontheinvoior. tnthc"cnt[uramm Bilstomaketimclypaymmtofthecnhire Moimcm,n c Fee or Company is unable in collaol the funds tendered by Customer: then Company may terminate the Msintensnre Program, or, in its sole discretion, suspend perfamarve until payment is recessed Company may also suspend perfmmence under the Maintenance Program ilCusumm is in default ofpyment under any other agroci ne with Company. until such payment default is cured. Yt-127-900 REV 7199 RESPONSIBILITIES OF COMPANY Company shall pulomn all maintenance service and repair arid famish all labor, materials and replacement pans necessary to kap rhe Product in satidactmy working condition as described in the manufactures's specifications and Related Documentation for such Product bated on the Software Rclemc and Equipment configuration purchased by Customer firm Company: provided, however. That unless the coverage salaried by Customer specifically provides otherwise, at as provided in ,he Responsibilities of Customer Section hereof, Company will maintain the Product in accordance with the following standards: (i) only manufacturer's ports or equivalent, either now ur refurbi;hed, of equal or buffer quality will be used; (it) the mar ufacnrer's murine preventive maintenance will be followed if elected coverage provides for such preventive marrumance; and (it.) all maintenance will be performed by authorized qualified personnel. Company is responsible for maintenance of the Product only on the subscriber side of the mluface equipment connecting the Product to Customef s telephone orother utility. Customer agrees that it shall not be entitled to sit off any museum, due to Company under the Maintenance Program against any obligations owed to is by Company hereunder or under any whet agreement. Corcrtge LIm(o. The maintenance services pmvided by Company hereunder eecltgea (i) mplacement of any equipment Thu by its nwure has a limited lifecyck (T.n batteries, headsets or similar equipment Types); (it) upgrades To the Product That add fenctiam an feanrms to the Roduq; (iii) upgrades to support Time and dam mimed data; and (iv) requested time and due changes. RESPONSIBILITIES OF CUSTOMER Cusramel shall be responsible for the cal of report to the Product necessitated as a result of. and Cumpany shall have no liability aulbuta6k to (i) negligence of nm•Company personncl, misuse, vandalism, fire, lightning. power surges, water o whet pedL w acts of God; and (it) repairs, maintenance, modifications, addirmirm. rdaasion or aberration of the Product performed by anyone wher than Company representatives ad subcwi m mr,. failure of Custwner TO comply with requirements specified herein or to perform tecommended preventive maintenance, in services of products of Other vendors, including any Telephone company. Customer shall be respo Bible for providing an Authorized Leemide that shall not contain my hazardous substances, including without limitation. (i) oil, petmkum an, Whet hydrocarbon derivatives u products; (ii) harurdom wastes; (iii) hazardous or toxic witu oa u chemicals: (iv) fungicides, sodentrddes Or imecactzks; (v) asbesla; or (vr) urta formaldchydc and any whet substance defined as a Hazardma Substance by any applicable state, federal an, local laws, mks or mgulatiom. Customrs will indemnify, defend and hold Company homeless against my claim, liability, fee. for. penalty or damage arising Bora or related to the presence of Hazardous Substances at the Authorized Location. Company shall be pennmed to suspend Performance! without Penalty If its perfnmoance Could have an adverse impact On its empkyms or emtf3cm6' heallh or safely, or would constitute a violation of my OPPlieabk law, Nle Of regulation, until it se<erves Adequae assurmcu from Customer satisfactory to Company DELAY Company shall nw be liable for any delay of per(otman<e under the Maintenance Pmgmm, or my damages suffered by Cusioma ora a result of such delay, when such delay is directly or Indirectly caused by o results from any act Of God or whet intervening external cause, accident. govenmmmal laws or regulations, labor dnpures. civil disorder, tramponwton delays, or my oher cause beyond The reasonable control of Company. LIMITATION OF LIABILITY Company i sale obligation under he 104mcrimce Program is to mantain the Product in good working order in accordance with the terms and conditions set forth herein and included in the Manufacturer's specifications and Related Documentation NO OTHER WARRANTIES. EXPRESS OR IMPLIED, ARE MADE. NO EXPRESS OR IMPLIED WARRANTY IS MADE AGAINST FRAUDULENT USES THAT MAY BEMADEOFTHE PRODUCT. CIATIMF.R AGREES THAT COMPANY SHALL HAVE NO LIABILITY FOR DAMAGES. INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL. CONSEQUENTIAL OR SPECIAL DAMAGES FOR FAILURE OF THE PRODUCT TO OPERATE IN GOOD WORKING ORDER FOLLOWING PERFORMANCE OFMAINTENANCE RY COMPANY. LV THEEVENTOF SUCH OCCURRENCE, CUSTOMER'S SOL,? REMEDY WILL BE THE PROVISION OF ADDITIONAL SERVICE BY COMPANY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE SELECTED MAINTENANCE PROGRAM. UNLESS CUSTOMER HAS PURCHASED A YEAR 2000 UPGRADE FROM COhIPANY, SERVICES RELATING TO YEAR 2000 COMPLIANCE OR FUNCTIONALITY ARE SPECIFICALLY EXCLUDED FROM THE TERMS OF THIS AGREEMENT AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO REQUIRE COMPANY TO REPAIR. MAINTAIN. UPGRADE, REPLACE OR OTHERWISE CORRECT ANY PRODUCT FOR THE PURPOSE OF MAKING THAT PRODUCT YEAR 2000 COMPLIANT. NO EXPRESS OR IMPLIED WARRANTY IS MADE AGAINST INTRUSIONS INTO COMPANY'S OR COMPANY'S VENDORS' VOICE PROCESSING SYSTEMS BY FRAUDULENT CALLERS OR AGAINST ANY TOLL FRAUD. COMPANY MAKES NO WARRANTIES AS TO THE LAWFULNESS OF USING ANY FEATURE OF THE PRODUCT TO MONITOR. RECORD OR FORWARD ANY ORAL, WIRE OR ELECTRONIC COMMUNICATION. CUSTOMER AGREES TO USE THE PRODUCT IN COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL LAWS. AND TO INDEMNIFY COMPANY AGAINST ALL CLAIMS OR LIABILITY UNDER ANY PRIVACY. ELECTRONIC SURVEILLANCE AND SIMILAR LAWS ARISING FROM THE USE. POSSESSION. INSTALLATION, AND SALE OF THE PRODUCf. THIS LIMITATION OF LIABILITY SHALL APPLY, NOTWITHSTANDING ANY FAILURE OP ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. ASSIGNMENT A Marmenasce Program may not be "signed by Customer without rite prior written wnsent of the Company. Any attempt to assign withaut such cement shall be said. SUBCONTRACTING To ensure the prompt and efficient Puformance of its obligations hereunder. Company MY stdxuntra7 my of the wank to be perfnened by i1 undwr any Maintenance Program. SEVERABILITY The invalidity a uncnfoccabitisy of my provision of the Maintenance Pmgrma shall tat Affect dee validity ar enfomabllity, of the Warr provisions, and these Term, and Condiliom shall be consumed in all respects as if such invalid and unenforceable prwums some ranmed. Company and Customer agree, to substitute fee any invalid or unenforceable provision a valid and enfofoeaDle pmvuim That most closely approxtmaa the ecorwmie affect and intent Of the invalid and unenforceabio Provision. AUTOMATIC RENEWAL The selected Mwn tmorse Poignant shall be nommomieally renewed for additional periods equal in duration of the Term specified in the last invoice (the "Renewm Terms) on the wAms and conditions set form herein u a provided in Compony s Maintenance Programs Terms and Conditions medical To Cwtonc with an invoice for The Renewal Tkrth 60 days prior to any such Renewal Term, unless. w lent JO days prior to the expiration of the Teras or Renewal Term, either Company w, CUsromer shall have given written notice of nonrencwol and subject to payment of the invoice by Customer far such mnewal. In the event of such unwomm renewal, a Maintenance Fee for each Renewal Teras shall be res by Company in accordmce with its pmvnieng ewes rim such service Then in effect. TIME AND MATERIALS Any service Performed by Company when the Mointenmce Progmnn is not in effect, any service performed outside the IToum or limits of the coverage selected by the Customer, and my service on products not listed an the Masnitsmut Program invoice will be billed in accordance with Company's prevailing labor. parts and materials Inca, with Payment due and payable to the Company's aulhmwd rximmnuf ive upon satisfactory comple ion of The scrvioe Performed. CANCELLATION The Performance of my work on the Product by any unouthonzed persons will void the Marutenance Program without any liability us Company. Cmicom. Inc STAPLES COMMUNICATIONS 4 RESEARCH DRIVE, STE SU0 ATTN: MAINTENANCE DEPT. SHELTON CT 06484 Yl -1 27 900 REV y/99 DATE_ TO: COMPANY: ATTENTION: ACCOUNT#: INVOICE #: FAX #: • Commlunicai�+ons FROM: FAX COVER SKEET # OF PAGES (including cove : o CONTACT: DEPARTMENT: PHONE #: FAX #: COMMENTS: T6ankyou, STAPLES COMMUNI ATIONS 4 RESEARCH DRIVE SUITE 500 SHELTON, CT 06484 Dave Eyerman Maintenance Programs (203) 402 -7650 (203).102 -7858