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HomeMy WebLinkAbout22-Information Technology o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Tom Marek, Information Technology Director Subject Resolution of the City of San Bemanlino authorizing the purchase of a three year maintenance contract for the Public Safety Dispatch Center's Digital Voice Logging Recorder &om NICE Systems Inc., of Uniondale, New York. M/CC DATE: August 4,2008 Dept: Information Technology Date: July 23, 2008 Synopsis of Previous Council Action Resolution #2005-401, 12-05-2005, Authorize the purchase of a NICE Systems digital voice logging recorder system for the Public Safety Communications Center from Versatile Information Products Inc., of Riverside, California using State 911 Tax funds. Recommended Motion: 1. Adopt Resolutions. . / 6i-eY/( ___ 7~' TOM MAREK, IT Director Contact person: Public Safety Systems Mgr Michael Eckley Phone: 384-5947 Supporting data attached: Yes Staff Report/Resolution Ward: All FUNDING REQUIREMENTS: Amount Source: $69,244.64 Professional/Cont Services 679-251-5502 Council Notes: Finance Agenda Item No. 4f22- 8"-tf~tJ?- o o o ~ ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subieet Resolution of the City of San Bernardino authorizing the purchase of a three year maintenance contract for the Public Safety Dispatch Center's Digital Voice Logging Recorder from NICE Systems Inc, of Union dale, New York Bacla!round The Public Safety Communications Center (police and Fire Dispatch) located at the Police Department records all radio communications and telephone calls that come into the center. Recordings are used in a variety of criminal and civil court cases as well as in internal investigations. The current digital voice logging recorder was purchased in December 2005 from a regional vendor (Versatile Information Products Inc (VIP), of Riverside, California) at the conclusion of an open competitive public bid. There are no other local vendors that supply this type of product or provide maintenance services for such systems. Versatile Information Products Inc included a one-year warranty with the purchase of the system. That initial warranty funded the maintenance of the system to December 31, 2006. VIP Inc had difficulty delivering the product as required in the bid specifications. Final acceptance took place in January 2007 and a disputed new one-year warranty period began at that time. The Public Safety Dispatch Center had numerous service problems with VIP Inc. The vendor repeatedly caused the loss of voice data as they tried to maintain the system. In January 2008, when the warranty maintenance period expired, the Police Department contracted with the manufacturer of the system (NICE Systems Inc, of Union dale, New York) for maintenance. NICE System Inc came to the Police Department, accepted the system and provided an "annual service inspection" of the system. Since taking responsibility for the system and after providing the annual service inspection and servicing the system has run flawlessly. This system is critical to the day-to-day operations of the dispatch center for both the Police and Fire Departments. The existing maintenance contract expired on June 30, 2008. Thepmanufacturer as agreed to a 45-day grace period because of processing delays at the State of California's 9-1-1 Office. The problems encountered with VIP are significant enough to demonstrate that this vendor can not provide quality service for such a critical piece of public safety communications technology, nor that it is in the City's best interest. Therefore, it is recommended that the City continue using Nice Systems Inc, the system manufacturer, for maintenance and pursuant to San Bernardino Municipal Code 3.04.01O(bX3), the Mayor and Common Council approve a selected source justification for the maintenance of this public safety communications system. The vendor has provided a three year maintenance quote. See Financial Impact for details and cost savings. o o o . . Financial ImDact A total of $71,034.00 from the State of California's 9-1-1- Equipment and Services Fund has been allocated for this purchase although only $69,244.64 is needed due to a discount offer made by NICE Systems Inc. The funds available for this type of qualifying purchase are classified as "residual funds" left over from the 2008 9-1-1 telephone system upgrade. The City of San Bernardino has received a "Commitment to Fund 9-1-1 Equipment and Services Form (TD-288) from the State of California's 9-1-1 Office. NICE Systems quote covers the actual cost of services ($64,108.00). Our 10ca18% California Sales Tax must be added to their cost ($64,108 + 5136.64 = $69,244.64) The City of San Bernardino will be reimbursed 100 percent of this purchase provided that a copy of the invoice, proof of payment (copy of cancelled checks) and the required 9-1-1 Office forms are submitted to the State. The Public Safety Systems Group of the City's Information Technology Department shall be responsible for coordinating the submission of reimbursement documents. This purchase will save the City $69,244.64 in General Fund dollars over the course of Fiscal Years 2008-2009, 2009-2010, and 2010-2011. At the end of this three year maintenance contract, the City will have to fund the maintenance of this system (as with previous logging recording systems) until its scheduled replacement (or upgrade) in Fiscal Year 2012-2013. There are no expected residual funds for the Fiscal Year 2012-2013 9-1-1 telephone system upgrade because of the projected costs of a digital replacement 9-1-1 telephone system. Recommendation Adopt Resolutions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A THREE YEAR MAINTENANCE CONTRACT FOR THE PUBLIC SAFETY DISPATCH CENTER'S DIGITAL VOICE LOGGING RECORDER FROM NICE SYSTEMS OF UNlONDALE, NEW YORK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTIQN 1. That the Mayor and Common Council approve a selected source bid exemption allowing the Police Department to use NICE Systems Inc, of Uniondale, New York as the maintenance provider for the Public Safety Dispatch Center's digital logging recorder system because of their qualifications as the manufacturer of the system and demonstrated previous service (per Municipal Code 3.04.010 (b)(3)). SECTION 2. That the Mayor and Common Council authorize the City Manager or his designee to sign the City Vendor Service Agreement (incorporated as Attachment 1) between the City and NICE Systems Inc, of Union dale New York for maintenance services as outlined in NICE Systems Inc's May 15,2008 quote (012908MF-OOl). SECTION 2. That the Mayor and Common Council authorize the Purchasing Manager to issue a Purchase Order to NICE Systems Inc, of Uniondale, New York for the purchase of a three-year maintenance agreement for the Public Safety Dispatch Center's digital logging recorder system as outlined in NICE Systems Inc's Quote #012908MF-OOl dated May 15, 2008. The Purchase Order shall read "San Bernardino PD Logging Recorder Maintenance - Three Year Silver Plan. Not to exceed $69,244.64." /II //I //I '*zz O&-O<.f-og 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A THREE YEAR MAINTENANCE CONTRACT FOR THE PUBLIC SAFETY DISPATCH CENTER'S DIGITAL VOICE LOGGING RECORDER FROM NICE SYSTEMS OF UNlONDALE, NEW YORK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held day of . 2008, by the following vote. to wit: on the AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER 13 DERRY 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk day of .2008. 21 22 23 24 25 26 -4_ ')..~ 27 lA, ~SF.PENMAN, (Jty Attorney 28 Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: RESOLUTION NO. VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between NICE Systems Incorporated, of Union dale, New York ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for a three year maintenance agreement for the Public Safety Dispatch Center's digital voice logging recorder system as outlined in NICE Systems Inc's May 15,2008 quote (012908MF-00I) included with this agreement as Exhibit "A"; and WHEREAS, the City of San Bernardino did solicit and accept quotes from NICE Systems Inc. because they manufacture the system and operate a regional service center in San Diego, California. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A" attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of invoices, shall pay the VENDOR up to the amount of $69,244.64 for the services set forth in Exhibit "A". b. No other expenditures made by VENDOR shall be reimbursed by CITY. IT-Police NICE 3 V, VSA 200807232 I Attachment 1 3. TERM; TERMINATION. The term ofthis Agreement shall be for a period of three years. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. VENDOR agrees to and shall indemnify, defend and hold the City, it's elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, due to the misconduct, negligence, or omission of VENDOR, it's employees, agents, or subcontractors, relating to or in any way connected with VENDOR'S performance under this Agreement. In no event shall VENDOR be liable for special incidental, punitive or consequential damages. VENDOR'S total liability for any claim, whether in tort, contract or otherwise, shall be limited to the total amount to be paid VENDOR under quote (0 I 2908MF -00 I). 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. IT-Police NICE 3 y, VSA 200807232 2 6. NON-DISCRIMINATION In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. III III //I III IT-Police NICE 3 Yr VSA 200807232 3 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Mr. Michael Eckley City of San Bernardino 300 North D Street 4th Floor - IT Dept San Bernardino, CA. 92418 Telephone: (909) 384-5947 TO THE VENDOR: Mr. Mike Finnegan NICE Systems Inc. PO Box 9421 Uniondale, New York 11155 Telephone: (720) 889-8649 10. ATTORNEY'S FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this IT-Police NICE 3 V, VSA 200807232 4 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. III IT-Police NICE 3 y, VSA 200807232 5 Vendor Services Agreement Between the City of San Bernardino and NICE Systems, Inc. Approved by Resolution No. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. CITY OF SAN BERNARDINO NICE SYSTEMS, INC. Dated: ,2008 Dated: ,2008 By: By: Fred Wilson City Manager Its: Approved as to Form: James F. Penman, City Attorney By: IT .Police NICE 3 Yr VSA 200807232 6 RESOLUTION NO. VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 4th day of August 2008, by and between NICE Systems Incorporated, of Union dale, New York ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for a three year maintenance agreement for the Public Safety Dispatch Center's digital voice logging recorder system as outlined in NICE Systems Inc's May 15,2008 quote (012908MF-00I) included with this agreement as Exhibit "A"; and WHEREAS, the City of San Bernardino did solicit and accept quotes from NICE Systems Inc. because they manufacture the system and operate a regional service center in San Diego, California. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A" attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of invoices, shall pay the VENDOR up to the amount of $69,244.64 for the services set forth in Exhibit "A". b. No other expenditures made by VENDOR shall be reimbursed by CITY. IT-Police NICE 3 Vr VSA 200807232 I 3. TERM; TERMINATION. The term of this Agreement shall be for a period of three years. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. VENDOR agrees to and shall indemnify, defend and hold the City, it's elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, due to the misconduct, negligence, or omission of VENDOR, it's employees, agents, or subcontractors, relating to or in any way connected with VENDOR'S performance under this Agreement. In no event shall VENDOR be liable for special incidental, punitive or consequential damages. VENDOR'S total liability for any claim, whether in tort, contract or otherwise, shall be limited to the total amount to be paid VENDOR under quote (012908MF-00l). S. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. IT-Police NICE 3 V, VSA 200807232 2 6. NON-DISCRIMINATION In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. III III III III IT-Police NICE 3 Yr VSA 200807232 3 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Mr. Michael Eckley City of San Bernardino 300 North D Street 4th Floor - IT Dept San Bernardino, CA. 92418 Telephone: (909) 384-5947 TO THE VENDOR: Mr. Mike Finnegan NICE Systems Inc. PO Box 9421 Uniondale, New York 11155 Telephone: (720) 889-8649 10. ATTORNEY'S FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this IT-Police NICE 3 Yr VSA200807232 4 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. III IT-Police NICE 3 y, VSA 200807232 5 Vendor Services Agreement Between the City of San Bernardino and NICE Systems, Inc. Approved by Resolution No. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. CITY OF SAN BERNARDINO NICE SYSTEMS, INC. ,2008 Dated: ,2008 Dated: By: By: Fred Wilson City Manager Its: Approved as to Form: James F. Penman, City Attorney ")-/ ~ IT .Police NICE 3 Yr VSA 200807232 6 NICE NICE Recordlna Solution for Version 8.9 Customer Name: San Bernardino Police Dept. Contact: Paul Guillen Install Add.....: 710 N "0" Street Sal.. Channel: Chlnnel Contact: NICE SaI..: Brandon Haumea Bus. Serv. Admin: Michael Finnegan Tenn: 07101/2008 - 08I30I2011 Description: Maintenance for serial number 44546101, 42006701. Hardware NICE Port. PS8AS-96 ANALOGS PSHR8400R1N P$AIT1-2 CNJ3 PS-SC-HW1 5x3OO GB NCLS89-REC CD-8IlC\IOX CQ.89-ANtlALI NAP89-SRU-A VIICrIptIon 98 channel logger - bunde for public 8 Channels - An8Iog ~ Total of 8400 hours + RAlD-1 resiliency Dual AIT-1 drives - 6000I90OO hours Open-leads cable for up to 24 Storage Center Hardware 300GB P1uggabte Ultra SCS110000R - Sl<nge ee_.per 50 NlceLog 2 Storage Cerier . basic server SW 1 NIceCLS BasIc Server (SW Orly) 1 Total recording Software license (per 1 NIceCLS Server) NIceCLS Sefver license (per 50 seats) 2 Logger actIvly detection driver 1 ANI-All Driver 1 Additional Scenario Replay user license 5 EXHIBIT A Quote Number: 012908MF.()()1 Quote Date: 31-Jul'()8 City, State: San Bernardino, California Zip cod.: 92401 Tot: (909) 3B4.Q761 E-mail: GuIIen Pa8cl.un-bemardlno ca us Sales Engineer: Tol: 720.889.8649 E.mall: mike.ftnneaanftnlcs.com Fax: 415.962.5960 Agreement: Silver012908MF.()02 UnI Prlco $85,250 $0 $5.800 $100 $210 $11.350 $8,916 .-Prtco $85,250 $0 $5,000 $100 $840 $11,360 $8,976 ,000 $10.000 $10,000 $10,000 $1,000 $1,000 $1.000 $1.000 $2,000 $4,000 $5,100 $5,100 $5,100 $5,100 $1,000 $5,000 1. Product will be shipped air prepaid and charges added to the invoice unless otherwise instructed. 2. Installation time frame to be finalized upon receipt of the purchase order and delivery date. 3. Warranty maintenance for hardware and software is 150 days (8 hours, 5 days per week support) unless otherwise stated. 4. All prices quoted in US$. 5. Prices quoted exdude any and all taxes, which, if applicable. will be added. 6. Price quotations are valid for 30 days. 7. Physical location ITIJst be set to the specifications of the site survey guide. 8. Customers must supply the proper audio and data inputs to the system's physical location. 9. Customer Is responsible for supplying the necessary LAN and telephony switch components to intertace with the NICE System. 10. Customer is responsible for maintenance of all cable and wiring associated with this equipment. 11. System must be installed and certified by NICE Systems Professional Services or authorized installers. 12. Installation price indudes installation of up to ten workstations, unless specifled otherwise. 13. Purchasing options will affect the cost of maintenance and may affect selVices cost. Additional options (i.e., redundancy options for mission attical systems) can be offered by NICE Systems upon request. 14. First year maintenance at Silver Level includes 8 hours, 5 days per week support, 60 minutes call back response time, 6 hours on site response time for first priority seMce Issues. 15. First year maintenance at Gold Lite Level includes 24 hours, 7 days per week phone support, 8 hours, 5 days on-stte support, 60 minutes call back response time, 6 hours on site response time for first priority selVlce issues. 16. Other maintenance options are available and can be quoted separately. 17. Maintenance pricing is based on the availability of remote dial up access unless otherwise stated.