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FirstTwo Inc 12/19/2017
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FirstTwo Inc 12/19/2017
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Last modified
12/26/2017 10:20:29 AM
Creation date
12/26/2017 10:20:24 AM
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Contracts
Contractor's Name
FirstTwo Inc
Approval Date
12/19/2017
Council Approval Date
12/13/2017
End Date
12/19/2018
Department
Police
Department Project Manager
Dan Templeman
Subject / Project Title
Software for First Responders
Tracking Number
0000991
Total Compensation
$6,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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• <br /> Customer shall ensure that all End Users agree to the limitations on the use of the Software. <br /> 6. FEES AND EXPENSES <br /> 6.1 Fees. Customer agrees to timely pay all fees and charges for such plan as provided in the applicable Order("Fees"). <br /> Unless otherwise specified in the applicable Order, Customer will pay all Fees within thirty (30) days of the date of the <br /> applicable invoice or Order issued by FirstTwo in accordance with the remittance instructions attached hereto as Appendix A. <br /> Customer will promptly reimburse FirstTwo for any cost or expense incurred in connection with any collection efforts <br /> undertaken by FirstTwo in connection with any past due amount owed under this Agreement. At FirstTwo's discretion, past <br /> due amounts may accrue a late fee equal to the lesser of 1.5%per month, or the maximum amount allowed by applicable law. <br /> By submitting credit card information to FirstTwo, Customer authorizes FirstTwo to charge such credit card or payment method <br /> the Fees associated with the plan selected by Customer. All Fees and other amounts specified in this Agreement are payable <br /> in United States Dollars. Subject to any credits or refunds applicable to any service level commitments hereunder, if any, all <br /> Fees are nonrefundable. After the initial Term, FirstTwo may increase the Fees it charges for the Software. Any increase in the <br /> Fees will take effect at the beginning of Customer's next Term, or at such later date as may be specified in an applicable <br /> Order. FirstTwo will provide as much notice as practicable for any Fee increases for following Terms, but not less than 30 <br /> days prior to the end of the then current Term. <br /> 6.2 Promotions. Customer may be extended a"new customer"or other promotional discount as specified online or in an <br /> Order. Any requirements for such discount will be stated during registration or in the applicable Order. Any such promotional <br /> discount offered will not apply during any new or renewal Term (as defined below) unless specifically agreed to in writing by <br /> the Parties. <br /> 6.3 Extensions and Upgrades. In the event that the Parties mutually agree in writing to any extension of a Term or the <br /> provisioning of an Upgrade, Customer will pay FirstTwo the then-current list price for such extension or Upgrade, unless <br /> otherwise set forth in an Order. <br /> 6.4 Taxes. Fees are exclusive of Taxes and Customer will promptly pay or reimburse FirstTwo for all Taxes arising out of <br /> this Agreement. For purposes of this Agreement, "Taxes" means any sales, use and other taxes (other than taxes on <br /> FirstTwo's income),export and import fees,customs duties and similar charges applicable to the transactions contemplated by <br /> this Agreement that are imposed by any government or other authority. Customer hereby confirms that FirstTwo can rely on <br /> the ship-to name and address provided by Customer to FirstTwo during registration or as set forth in an Order as the place of <br /> supply for sales tax purposes. If Customer is legally entitled to an exemption from the payment of any Taxes, Customer will <br /> • promptly provide FirstTwo with legally sufficient tax exemption certificates for each taxing jurisdiction for which it claims <br /> exemption. Unless otherwise prohibited by law, FirstTwo will apply the benefits of any requested tax exemption to charges <br /> occurring under Customer's account after the date FirstTwo receives and reasonably processes such tax exemption <br /> certificates. <br /> 7. LIMITED WARRANTY <br /> 7.1 Warranty. FirstTwo compiles information from multiple third party data suppliers with varying data quality, format, and <br /> coverage. FirstTwo warrants to Customer that the Software will perform in all material respects with the specifications provided <br /> to Customer. FirstTwo will use commercially reasonable efforts to update and correct any portions of the Software that does <br /> not comply with the warranty set forth herein. If, after the expenditure of commercially reasonable efforts, FirstTwo is unable to <br /> correct the noncompliance, FirstTwo may refund an equitable portion of the fee paid by Customer (e.g., a prorated amount <br /> based on the time Customer accessed the Software prior to noncompliance)for the Software. <br /> 7.2 Availability. FirstTwo guarantees a minimum Software availability of 98% on a 24x7x365 basis except for scheduled <br /> maintenance, downtime resulting from systems over which FirstTwo has no control (for instance, major Internet disruption), or <br /> a force majeure (the "Uptime Guarantee"). Software availability for a given month will be the percentage equal to (Y-(X-Z))/Y, <br /> where X equals the actual minutes the Software is not available during the month, Y is the total minutes in the month, and Z is <br /> the actual minutes of the month that the Software was not available as result of (i) downtime for scheduled maintenance, (ii) <br /> v3.1 5 <br />
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