HomeMy WebLinkAboutBAILEYS COMMUNICATIONS & ELECTRONICS INC PAGER SERVICES AGREEMENT
PAGER SERVICES AGREEMENT
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THIS AGREEMENT made as of the IcJ day of "h1d", 2009.. by and
between:
Bailey's Communications & Electronics. Inc.. a Georgia corporation ("Supplier") and
Augusta, Georgia, a political subdivision of the State of Georgia, with its place of
business at 530 Greene Street, Augusta, Georgia, 30911 ("Subscriber").
1. Term
This Agreement shall become effective upon signed date and shall continue in
effect for two (2) years with the option to renew for three (3) one year additional periods.
of service or until terminated as provided herein. This Agreement shall also be in
accordance with the services, requirements, implementation and responses received in the
Request for Proposal (RFP) # 09-089A, Pager Services for Augusta, unless otherwise
noted herein.
The terms and provisions of this Agreement shall govern where conflicts exist
with the original response to Request For Proposal 09-089A. .
2. Payments
The subscriber agrees to pay Baileys Communications & Electronics, Inc. the
amount listed in Exhibit A for each unit price for services on the first day every period
the payment is for. Non- receipt of a statement does not relieve the subscriber from the
obligation to pay on time for services due under this contract within thirty (30) days of
invoiced date.
The subscriber has the option to review and renegotiate cost on an annual basis.
3. Termination of Services
Subscriber reserves the right to terminate this agreement at any time during the
duration of this contract with no termination costs. The right of termination shall be "at
will", and Subscriber shall not be required to show cause for such termination. If for any
reason the subscriber wishes to have pager services discontinued, the service must be
ended in person or by signed letter or signed fax only. The service cannot be ended by
telephone for security reasons.
The Subscriber is responsible for all services rendered until the Supplier receives
the termination request.
4. Warranties
The warranty does not include theft, loss, physical or liquid damage, clips, battery
covers, or batteries. If the pager is lost, stolen, or destroyed and the Subscriber wishes to
replace the unit, the cost will be as outlined in Exhibit B.
5. Refunds
If the Subscriber is not completely satisfied with a new pager or service, the
Subscriber must return the pager and/or disconnect the service in person within 7 days.
All equipment must be returned in the same condition it was purchased to qualify for a
refund. Refunds will be in the form of a check and mailed to the Subscriber within 10
days. The initial service paid with the purchase of each unit is not refundable or
transferable after the 10-day period, unless a replacement of the same pager number is
done.
6. Services
All services will be provided as outlined in the response to RFP 09-089A to
include:
6.1
6.2
6.3
The ability to print paging verification for E911 with the current Alpha
Mate system and the use of the software at no additional cost.
The support & implementation services as outlined in response.
No additional charges for Group Calling
7. Authorized Users
The authorized users from the Subscriber shall be the only parties with the
authorization to perform the following on the account: change coverage, add on
additional services, repairs, loaners, number changes, and disconnect.
The authorized users are listed on Exhibit C. Any additions or deletions to this
list will be provided in writing.
8. Miscellaneous
8.1 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia. All claims, disputes and other matters
in question between Subscriber and Bailey's arising out of, or relating to, this Agreement,
or the breach thereof, shall be decided in the Superior Court of Richmond County,
Georgia.
8.2 Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter of this agreement and supersedes all prior
agreements and understandings. All amendments must be in writing signed by both
parties.
8.3 No Waiver. No waiver of any breach ofthe Agreement shall constitute a
waiver of a subsequent breach.
8.4 Attorney's Fees. In the event that legal action is brought to determine or
enforce the rights of any party to this Agreement, the prevailing party shall be entitled to
recover reasonable legal fees, costs, and expenses from the other party, including expert
witness fees.
8.5 Severability. If any provision of this Agreement is held invalid or
unenforceable by an agency of competent jurisdiction, the remaining provisions shall
nevertheless remain valid.
8.6 Indemnity. To the extent provided by law, Subscriber shall defend,
indemnify, and hold harmless Bailey's Communications & Electronics, Inc. and the
officers, agents, and employees of Bailey's from and against all claims or demands in
connection with the use, condition or operation of the equipment (Whether or not covered
by insurancepurchased hereunder this agreement).
8.7 Ownership. Should the law at anytime require for Bailey's to relinquish a
number assigned to a pager, both parties will work to come to a mutual agreement on the
terms.
8.8 Open Records. Bailey's Communications & Electronics, Inc acknowledges
that this Agreement and certain documentation may be subject to the Georgia Open
Records Act (O.C.G.A. S 50-18-70, et seq. Bailey's Communications & Electronics, Inc
shall cooperate fully in responding to such request and shall make all records, not
exempt, available for inspection and copying as required by law. Bailey's
Communications & Electronics, Inc. shall notify Augusta immediately of any Open
Records request arising out of this contract and shall provide to Augusta a copy of any
response to the same.
8.9 Taxes. Augusta is a governmental agency. Therefore, it is exempt from taxes
and 911 Fees.
8.10 Notices. All notices required hereunder shall be in writing and shall be
deemed to have been duly given if either hand delivered, mailed by certified or registered
mail, postage prepaid, addressed to the party to whom intended at the address provided
below or at such other address as such party shall hereinafter designate to the other party
in writing, or sent by verified telefacsimile transmission:
Customer: Information Technology Department
530 Greene Street, Annex 101
Augusta, GA 30911
A TTN: Director
Fax No. 706-821-2530
Administrator
530 Greene Street, Room 801
Augusta, GA 30911
Fax No. 706-821-2819
Baileys: Ralph Nehlsen, General Manager
2418 Peach Orchard Road
Augusta, GA 30906
THE PARTIES have caused this Agreement to be executed by their undersigned, duly
authorized representatives as the date first above written.
ACCEPTED BY:
AUGUST A, GEORGIA
By:
Name: David S. Copenhaver
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Title: Clerk of Comm1ss.ion ~~~":~~ _.,:"'
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Title:
Mayor
Attest:
BAILEY'S COMMUNICATIONS & ELECTRONICS, INC.
By: 7fLy- /0!~
Title: f p B S- I.O e,vT
Attest: ~~ ~.A_~A/rYV
Date: {; J- Cr 0 9
EXHIBIT "A"
RATE PLANS
Numeric Pagers
Local / CSRA
GA Statewide
Southeast Regional
Nationwide
Basic Unit Service Price/Month
$5.00
$6.00
$10.00
$24.00
Alphanumeric Pagers*
Local / CSRA
GA Statewide
Southeast Regional
Nationwide
$9.00
$12.00
$13.00
$29.00
All rate plans above have unlimited calls.
Toll Free Numbers are available at an additional $3.00 per month. There is a 200-
call limit on toll free numbers with a $0.20 per call overage charge. This charge
and call count may be negotiable depending on the number of units and the total
number oftoll free calls combined. Note that voice mail is typically not available
with toll free numbers.
Additional optional services, including custom greeting, voice mail, numeric
retrieval, group paging, and alphanumeric page email forwarding, are available
upon request at no additional cost to ARC. Options are described in detail in
Section V.D.1-9 in Proposal #09-089A
* Should ARC decide to convert all or the majority of their pagers to
alphanumeric during the transition period or within the first six months of
contract, they have an option of paying $30 per pager (for Advisor Gold) with
trade-in or increase the alphanumeric pager rates listed above by $1 per month
with trade-in of numeric units.
EXHIBIT "B"
PAGER PRICING
PAGER
REPLACEMENT REPLACEMENT
$34.00
$39.00
$69.00
$99.00
$89.00
$25.00
$30.00
$49.00
$45.00
$69.00
.
.
.
EXHIBIT "C"
(Authorized Users)
The following City of Augusta employees are the only ones considered to be "Authorized
Users":
Name Title Phone Number
Fred Russell Administrator 706-821-2400
Tameka Allen Director of Information Technology 706-821-2529
Gary Hewett Technical Manager of Information 706-821-2525
Technology
Dennis Norviel* Telecommunications Coordinator of 706-821-2405
Information Technology
Marty Fluellen** Telecommunications Coordinator of 706-821-1569
Information Technology
* - Primary Contact/** - Secondary Contact