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2008-49BIS Digital Integrating Excellence T"" Business Information Systems, Inc 1350 NE 56"' Street, Suite 300 Ft. Lauderdale, FL 33334 Phone:954-493-7377 Fax:954-493-6541 Thursday, October 02, 2008 City of Clermont 685 W. Montrose Street 2nd Floor Clermont, F134712-0219 Attn: Tracy Ackroyd RE: BIS Digital Support Agreement Renewal Annual Contract Term: 12/13/2008 -12/12/2009 Account #: CLE501 Contract #: 09-12-A-51326 Amount Due: $937.70 Invoice #: 57276 Dear Ms. Ackroyd: Enclosed please find your full service contract renewal agreement for the coming year. Please sign the enclosed agreement, keeping a copy for your records, and return the original to us with your purchase order and payment. To place your contract in effect as soon as possible, you may fax your contract renewal to us at 954-493-6541. Please remember, without a contract in place, our current per call rates will be in effect. For continuous coverage, an immediate response is greatly encouraged. Our terms are payable in advance, and will reflect a due date of: 11/13/2008 (Any equipment or options added during the contract year are prorated and added at the conclusion of warranties.) Thank you for the opportunity to serve all of your recording and transcription needs. If you have any questions please do not hesitate to contact us at 800-834-7674. Best regards, Erica Michael BIS Digital, Inc. Accounting Department Enclosures BIS Digital Integrating Excellence TM Business Information Systems, Inc 1350 NE 56`h Street, Suite 300 Ft. Lauderdale, FL 33334 Phone:954-493-7377 Fax:954-493-6541 Recording System Support Agreement Between: BIS Digital, Inc. 1350 NE 56th Street, Suite 300 Fort Lauderdale, FL 33334-6142 Phone: (800) 834-7674 Fax: (877)858-5611 Email: support@bisdigital.com And: City of Clermont 685 W. Montrose Street 2nd Floor Clermont, F1347 ] 2-0219 Phone: (352) 24 ] -7332 Contract #: 09-12-A-51326 BIS Digital, Inc. or its appointed service representative agrees to provide system support for the software and hardware listed below, in accordance with the terms and conditions of this agreement. TERMS AND CONDITIONS A. The term of this agreement is for a period of (12) months from the effective date. Either party upon written receipt, with a ninety 90-day notice, may cancel this agreement. In the event of early termination of service agreement, BIS Digital, Inc will refund monies based upon contract amount prepaid by customer less actual cost of service provided during abbreviated term, or pro rated amount based upon time remaining in contract term rounded to end of month of termination, whichever is less. B. The agreement entitles the USER to 24 hours per day, 7 days per week telephone support. C. User training: This agreement covers all remote users training via Webex and/or telephone during the term of agreement at mutually agreed upon times. D. This support agreement is for the USERS integrated system. Any changes or enhancement will be billed for additionally. E. Charges for maintenance and support for reasons outside of BIS Digital control, arising from neglect, negligence, misuse, acts of god or modifications to, or failures of systems software and/or hardware not covered under this contract resulting in corruption of BIS Digital software setup/configuration shall be billed at BIS Digital published rates. 2. COVERAGES A. DCR Software (all BIS Digital supplied licenses). BIS Digital provides all DCR upgrades or replacements as they become available at no charge for the initial year of service (which begins on date of installation). DCR Software Assurance, which provides for all new feature and function upgrades, are billed for at an additional $250/yr per system following first year of service. BIS Digital will provide on-line user training as well as on-line diagnosis and repair (web connection required). B. Hardware (all BIS supplied PC's, Servers and Video and Telco Interface Boards). BIS will provide replacement or repair. BIS Digital will repair or replace system critical parts at customer site. Customer responsible for shipping defective part to BIS Digital. C. Hardware Accessories (Digital Mixers, PA components, Microphones, Hearing Impaired Devices, USB Foot Controls). BIS Digital will provide replacement or repair. Customer responsible for shipping defective accessory to BIS Digital. BIS Digital will replace or repair and ship back to customer. D. Excluded Hardware (Laptop Computers, All Display Monitors and Headsets). BIS Digital will handle repairs via Manufacturer's warranties (ie: Dell, Toshiba,) but will offer no extended warranties directly. Page 1 of 3 Initials: BIS Digital Cu Omer BIS Digital Integrating ExcellenceTnn Business Information Systems, Inc 1350 NE 561ti Street, Suite 300 Ft. Lauderdale, FL 33334 Phone:954-493-7377 Fax:954-493-6541 E. On-Site BIS Digital Technical Support. BIS Digital will provide on-site technicians for emergency service during normal working hours at no charge. Emergency is defined to be a complete system down. CUSTOMER RESPONSIBILITY A. A proper backup of all data on a regular interval. B. A USER appointed systems administrator to act as a liaison with the support department. 4. CONFIDENTIALITY A. BIS Digital, Inc. agrees that all data that may be entered into the system is strictly confidential and shall remain the property of the USER. Business Information Systems shall not, without prior written consent, disclose to any third party any such data acquired in connection with this agreement or any other services. PAYMENT A. Invoices shall be sent once per year and payment shall be due in full upon receipt. B. Invoices shall include all applicable taxes. C. Late charges will be assessed at the rate of one and one-half (1-1/2%) per month on invoices over 30 days. D. At Business Information Systems option, support coverage may be halted for non- payment of any invoice greater than sixty (60-days) beyond the due date. 6. LIABILITY A. In no event shall Business Information Systems, Inc. be liable for any direct or indirect losses or damages, or any other claims arising in connection with this agreement to the USER, including loss of data or earnings due to equipment down time. B. Business Information Systems sole responsibility with respect to the maintenance and support shall be limited to those outlined in this agreement. C. The laws of the State of Florida shall govern this agreement and any litigation shall occur in Broward County, Florida. This contract covers the following equipment Purchased on Invoice #51326 Installed on 12/12/05: * DCR 2ch Digital Recording Software for Laptop w/ Software Assurance (1) * CD Duplication Software (1) * Digital Mixers (2) {Serial #'s 0511 C2500 & 0511 C2501 } * Pro44 Microphones (3) * Foot Pedal (1) Purchased on Invoice #51702 * Foot Pedal (1) Initials: Page 2 of 3 BIS Digital Cu mer • BIS Digital Integrating ExcellenceTnn Business Information Systems, Inc 1350 NE 56'h Street, Suite 300 Ft. Lauderdale, FL 33334 Phone:954-493-7377 Fax:954-493-6541 The terms and conditions stated herein form the complete agreement between the parties. Please note: Any additions to this agreement (new systems) will be prorated to coincide with this contract. Start Date: 12/13/2008 End Date: 12/12/2009 Annual Cost: $937.70 Contract #: 09-12-A-51326 Invoice #: 57276 Accepted By: BIS Digital, Inc. City of Clermont. Florida By Steve Coldren By ~/l ~ ~ / ~ President ~{ / ; f3 Ar ~-C~ f Title Title October 2, 2008 OC-`K~ fj ~~i / (p , ~0 Date Date Initials: Page 3 of 3 BIS Digital Customer