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Home My WebLink AboutBaileys Communications & Electronics, Inc. Augusta Richmond GA DOCUMENT NAME: OO\\q1S ~U,,\c.cxnO'(\~ 4- S\e.C--t\CX\\w1 tnc-. DOCUMENTTYPE:~(~exlt- YEAR: Do BOX NUMBER: \. <=\ FILE NUMBER: \ \y '?S l.9.- \ NUMBER OF PAGES: 5. PAGER SERVICES AGREEMENT THIS AGREEMENT made as of the J 0 +-h. day of 2003~ by and between: September 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"). between ("Subscriber"). I. Term This Agreement shall become effective on October 1, 2003 and shall continue in effect until December 31, 2003 or until terminated as provided herein. 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. 3. Temlination of Services Subscriber reserves the right to terminate this agreement at any time during the duration of this contract. The right oftennination shall be "at will", and Subscriber shall not be required to show cause for such tennination. If for any reason the s'ubscriber whishes 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 I O-day period, unless a replacement of the same pager number is done. 6. 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. 7. Miscellaneous 7.1 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 Icon arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. 7.2 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. 7.3 No Waiver. No waiver of any breach of the Agreement shall constitute a waiver of a subsequent breach. 7.4 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. 7.5 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. 7.6 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). 7.7 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 m\ltual agreement on the terms. 7.8 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: cfBY Name: Title: Administrator BAILEY'S COMMUNICATIONS & ELECTRONICS, INC. By: ~Al~ Title: &- M Att9' A~~ C5~ Date: / '0/03 I ~' EXHIBIT" A" (Attached Letter Dated August 12, 2003 from Michael Nehlsen) EXHIBIT "B" SPECIAL 3 MONTH 6 MONTH 1 YEAR REPLACEMENT REPLACEMENT PAGER SALE PRICE SPECIAL* SPECIAL** SPECIAL*** (NEW) (REFURB.) * * SUN X02 $I.OO $48.07 $65.07 $97.07 $29.00 $20.00 ATIRAVEN $I.OO $48.07 $65.07 $97.07 $29.00 $20.00 AT] STEALTH $9.00 $56.63 $73.63 $105.63 $34.00 $25.00 ATILASER $9.00 $56.63 $73.63 $105.63 $34.00 $25.00 MOTOROLA LS350 $9.00 $56.63 $73.63 $105.63 $39.00 $30.00 MOTOROLA LS750 $19.00 $67.33 $84.33 $116.33 $49.00 $35.00 ATJ CORPORATE $29.00 $84.03 A $107.03 A $151.03 A $59.00 $45.00 (ALPHA.) MOTOROLA ADVISOR $59.00 $116.13 A $139.13 A $183.13 A $99.00 $69.00 GOLD (ALPHA.) MOTOROLA FREESPIRITI $1.00 $28.07** $55.07** $97.07 $15.00 BRA VO/RENEGADE SUN X03 I X03 PLUS I $I.OO $48.07 $65.07 $97.07 $20.00 GLOBAL ACCESS ELITE DlV A ELITEI MOTOROLA $I.OO $48.07 $65.07 $97.07 $25.00 BRA VO PLUS I PRONTO MOTOROLA BRAVO LXI UL TRA EXPRESSI $9.00 $56.63 $73.63 $105.63 $30.00 EXPRESS XTRA MOTOROLA ADVISOR $9.00 $62.63 A $85.63 A $129.63 A $35.00 (ALPHANUMERIC) MOTOROLA MEMO $19.00 $73.33 A $96.33 A $140.33 A $45.00 EXPRESS (ALPHA) MOTOROLA ADVISOR $29.00 $84.73 A $107.73 A $151. 73 A $69.00 GOLD (REFURB/ALPHA) All special sale prices are for NEW ACCOUNTS & ADD-ON'S ONLY EXHIBIT "C" (Authorized Users) The following City of Augusta employees are the only ones considered to be "Authorized Users": Name Title Phone Number George Kolb Administrator 706-821-2400 Tameka Allen Director ofInfomlation Technology 706-821-2529 Gary Hewett Technical Manager ofInformation 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 ContactJ** - Secondary Contact 3208 Washington Road Augusta, GA 30907 Phone: (706) 868-6248 Fax: (706) 868-6249 www.baileyspaging.com Bai/~y's Communications August 12, 2003 Geri A. Sams Purchasing Director 530 Greene Street, Room 605 Augusta, GA 30911 Below is our proposal for pricing during the interim period after September 30, 2003 through to the date specified on the formal Request for Proposal. Numeric Pagers Local/ CSRA GA Statewide Southeast Regional Units in Service 152 45 14 Unit Service Price/Month $5.00 $6.00 $10.00 Total Price/Mo $760.00 $270.00 $140.00 Alphanumeric Pagers Local/ CSRA GA Statewide Southeast Regional 46 24 1 $8.00 $9.00 $13.00 $368.00 $216.00 $ 13.00 N/C Fire Dept. Group Call Monthly Total: $1737.00 Augusta Consolidated Government paid CellularONENerizon $27,557.49 for pagers in 2002 or approximately $2298/month. If you have any questions, comments, or require more information, please let us know. :;;J~ Michael H. Nehlsen Vice President