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BLACK BO <br />ATTACHMENT E <br />Exhibit to Schedule A <br />INSTALLATION RESPONSIBILITIES POLICY <br />This Attachment E describes the installation responsibilities of each party for the Products which the City ordered on a Schedule A to the Telephone Hardware <br />and Software Master Purchase and Maintenance Agreement which references this Exhibit. The installation responsibilities for such Products may vary <br />depending on the location where they are installed, and we will notify the City if this occurs. <br />1. VENDOR RESPONSIBILITIES <br />a. INSTALLATION. Except as otherwise noted on Schedule A, the <br />Vendor shall provide all installation personnel, tools, equipment and <br />materials necessary to install the Products and shall install the Products <br />in a workmanlike manner and in accordance with all applicable federal, <br />state and local laws. Unless otherwise stated on Schedule A, the Price <br />does not include the cost for removal of any pre-existing equipment, <br />cable or wire from the City's Premises, or if pre-existing cable or wire is <br />utilized, the cost to bring such cable or wire up to industry standards <br />and/or regulatory requirements. The Vendor will secure and pay for all <br />work permits, bonds, fees and licenses necessary to enable the Vendor <br />to perform our work. <br />b. TRAINING. The Vendor will provide training in the operation of <br />the Products, if applicable, as noted on the Scope of Work. Additional <br />training, as requested by the City, will be provided at our then-current <br />rates. <br />c. PRODUCT-RELATED REQUIREMENTS. Except as otherwise <br />noted on Schedule A, when Product installation is ordered by the City, the <br />Vendor will provide the following additional product-related services: <br />Convergence and Voice Products <br />i. Station Equipment Returns. Station equipment may be <br />returned for credit during the first thirty (30) days following the <br />Cutover Date, but only if unused and in the original factory packing. <br />ii. Software Changes. For two weeks following Product <br />Cutover, where remote access is available, the Vendor will make <br />minor remote software changes in the Product at no charge, provided <br />that such changes: a) are within the original software configuration; b) <br />do not exceed the parameters of the program; and c) involve <br />changes in Class of Service, Pickup Groups, Com Groups, <br />Forwarding, or System Speed. <br />iii. Station Design. The Vendor will perform the station design <br />and coding necessary for installation of any Products based upon <br />information which the Vendor's personnel will obtain from the City. <br />The Vendor will further coordinate the installation of necessary <br />trunking and other facilities with the local telephone company, and <br />the City agrees to execute such documents as may be necessary <br />to enable the Vendor to perform this obligation. <br />iv. Software Design. When ordered by the City, the Vendor will <br />perform the software design, installation and implementation in <br />accordance with the detailed project specifications document. The <br />Vendor will coordinate the installation of necessary trunking, <br />communications interfaces and other facilities with the City's <br />telephone and data processing equipment and/or service providers. <br />The City agrees to execute such documents as may be necessary to <br />enable us to perform the above obligations. <br />d. VENDOR'S STANDARDS. The Vendor's's services shall be <br />provided in accordance with The Vendor's's standard practices, including <br />but not limited to the implementation and utilization of remote access. <br />Variations from The Vendor's's standards requested by the City may be <br />subject to an additional charge. The Vendor shall provide prior notice to <br />the the City of any additional charges under this section which shall be <br />mutually agreed to by the parties. <br />2. CITY RESPONSIBILITIES <br />a. PROGRESS OF THE WORK. To assist the Vendor in being <br />responsive to the City's needs, the City agrees to provide reasonable <br />written notice that the building, any City-provided equipment, software <br />and network facilities on the Premises are ready for us to begin <br />installation. The Price is predicated upon the orderly and economic <br />progress of the work. If the City or any of its employees or agents shall <br />cause a substantial delay in installation, the City agrees to pay the <br />Vendor's direct costs attributable to such delay, including, but not limited <br />to, storage costs and any additional costs associated with purchasing an <br />alternative product in the event the originally ordered Product is no longer <br />available at the time of the revised Installation Date. Any such delays <br />shall also not relieve the City from its obligation to make progress <br />payments on the dates originally due. <br />b. SITE CONDITIONS. The City agrees to permit or arrange for <br />access to the Premises for the Vendor's installation and maintenance <br />personnel, to provide a suitably protected area for storage of the Products <br />pending installation, and to furnish adequate utilities and building services <br />as reasonably required by the Vendor at the City's expense. The City <br />agrees to make available a space on the Premises, including appropriate <br />utility and acoustic requirements, for installation of the Products and to <br />provide and maintain the Premises in compliance with all applicable laws <br />and regulations and according to the environmental specifications <br />established by the Vendor and/or the Product manufacturer. The City <br />also agrees that it shall be its responsibility and expense to provide all <br />conduits, outlets, carpentry, openings, and firestops and to secure and <br />pay for all site permits, bonds, fees and licenses necessary to enable the <br />Vendor to perform its work. <br />The City's obligations must be performed on or before the date or <br />dates mutually agreed upon in writing. In addition to the Price of the <br />Products, the City agrees to pay to the Vendor all additional installation <br />and maintenance costs arising from any concealed conditions of the <br />Premises and the cost of all measures taken by the Vendor or the <br />Vendor's subcontractors to protect the health and safety of the Vendor's <br />or their employees from, and to comply with all applicable laws and <br />regulations relating to, any hazardous material, substance or process at <br />the Premises. <br />c. PRODUCT-RELATED REQUIREMENTS. The City agrees to <br />provide the following additional product-related facilities or services: <br />Except as otherwise noted on Schedule A, the City shall take sole <br />responsibility to have the network and connecting hardware properly <br />configured and operational to link/connect with the Products listed on <br />Schedule A per the system design. <br />For the Telemanagement Products, the City is responsible for <br />creating, maintaining and modifying the database of the Products <br />purchased. <br />If requested by The Vendor, Customer agrees to implement, install and <br />update Software Owner recommended virus protection software, policies <br />and procedures. <br />3. ENVIRONMENTAL CONDITIONS <br />If either party becomes aware of asbestos, hazardous materials or <br />concealed conditions on the City's Premises, such party agrees to notify <br />the other party promptly, and it shall be the City's responsibility to correct <br />all such conditions. <br />Page 1 of 1 <br />IRP-0 1-09 (08/05)