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t y,$N Y ff�sf •° "estiW °� AGREEMENT TO UTILIZE SUNGUARD/ OSSI COMPUTER SYSTEM AND INFORMATION TECHNOLOGY SERVICES li On this (� day ofU , 2011, The City of Sunny Isles Beach, hereafter referred to as "THE CITY", through its Informati n Technology Department agrees to maintain the Police computers for The Town of Golden Beach, hereafter referred to as "THE TOWN" for a period of three (3) years commencing on this date. At the end of this period, the agreement is subject to renewal for two (2) additional one (1) year periods, for a total of five (5) years under the terms of this Agreement. IT IS UNDERSTOOD AND AGREED BY ALL PARTIES HERETO THAT: • 1. The CITY hereby agrees to maintain for THE TOWN's Police computers for the monthly amount per computer as described in the attached Exhibit "A", for the proper maintenance of said computing equipment, with THE CITY as licensor and THE TOWN as licensee. All services provided by THE CITY are detailed in the attached Scope of Services (Exhibit "B"). Any services requested by THE TOWN that are not included in the attached Scope of Services will require a separate proposal to be prepared by THE CITY and agreed to by THE TOWN prior to such additional services being rendered. 2. All amounts due under the terms of this Agreement shall be due at the beginning of the contract year. 3. This license confers no interest whatsoever in property and is recoverable anytime by THE CITY i upon ninety (90)days notice. No use for a particular purpose other than the maintenance of the laptop,/ computer equipment necessary to operate a police mobile laptop computer system is granted and no alterations or modifications are to be made to the laptops of the OSSI software equipment without THE CITY's approval. 4. Use of all property is at the sole risk of THE TOWN to the extent permitted under Section 768.28 of the Florida Statutes, and subject to the monetary limits set forth in that section. THE TOWN agrees to be responsible to, indemnify and hold harmless THE CITY for any loss, damage legal action or claim occasioned by THE TOWN's use of all laptop computer property and related equipment at THE CITY WHETHER OR NOT LOSS OR DAMAGE IS TO PROPERTY OWNED/LEASED BY THE CITY OR ANY OTHER PERSON, AND INCLUDING PROPERTY OF OTHERS N THE CARE, CUSTODY OR CONTROL OF THE CITY. 4. In the event that the equipment or other property of THE CITY shall be in any manner damaged by/through the use of the communications equipment, or by the representatives of THE TOWN, THE TOWN shall indemnify THE CITY and pay THE CITY all sums which may be incurred to repair, reconstruct, and/or replace the damaged equipment or property, subject to the limitations set forth in Section 768.28 of the Florida Statutes. 5. It is understood and agreed that this agreement does not constitute a bailment. THE TOWN retains and has custody and access to their laptop computers but agrees to relinquish all administrative rights to said computers solely to THE CITY. THE CITY shall maintain all communication links, maintenance and administrative control of all computers connected directly or indirectly to THE CITY.