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C) Internet related equipment by its nature, is not fault tolerant, but PlanetBids <br />(1)will use reasonable efforts to make the Services available 24 hours per day, 7 days per <br />week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly <br />investigate any technical problems that Customer reports. PlanetBids cannot, however, <br />guarantee continuous service, service at any particular time or the integrity of data <br />transmitted via the Internet. Further, PlanetBids shall not be responsible for the <br />inadvertent disclosure, corruption or erasure of data transmitted, received or sorted on <br />the BidsOnlineT11 system. <br />d) PlanetBids may make improvements and/or amendments to the BidsOnlineTM <br />system at anytime, and may provide other optional services, including enhanced versions of <br />standard features or functions, for an additional fee as agreed in advance by the Customer. Any <br />and all relevant portions of these terms and conditions will automatically apply to all <br />improvements, amendments and/or optional services as they appear. <br />PlanetBids does not guarantee that use of the Services will produce any quotes, <br />business opportunities or other information helpful to the business of Customer, nor <br />does it guarantee that any contact provided will be adequate or best suited for any <br />transaction. <br />2. Fees and Payments. <br />a) Support Fees. Customer agrees to pay PlanetBids a total of $20,000.00 for Year <br />1, $15,893.75 for Year 2, and $16,299.32 for Year 3. Payment for Year 1 shall be due and <br />payable 30 days from the time of execution of this Agreement. Payments for Year 2 and for <br />Year 3 are payable within 30 days from the invoice date upon renewal each year as outlined <br />below in Table (A): <br />1) Set -Up Fee. Customer shall pay a one-time set-up fee of $4,500.00 <br />(discounted from $6,500.00) for the installation, customization and testing of the <br />BidsOnlineTM system link to Customer's website, plus administrator set-up and a one- <br />time user training up to Four (4) users. <br />2) Service Fee Payment. Customer agrees to pay an annual service fee of <br />$9,250.00 for the initial year of the Agreement for the use of the BidsOnlineTM system, at <br />a three (3) percent increase upon renewal each year thereafter as outlined in Table (A). <br />3) Additional Add-on/Module. Customer agrees to pay a service fee of <br />$3,875.00 for Year 1 and as outlined consecutively in Table (A) for Year 2 and Year 3 for <br />the Emergency Operations module to Customer users assigned by Customer, and, <br />$2,375.00 for five (5) Read -Only user licenses for the period of this Agreement. <br />Table (A) <br />MODULE- <br />SETUP YEAR <br />2013-2014 <br />YEAR <br />20142016 <br />YEAR <br />2015-2016 <br />BidsOnllneT" Vendor & 8rd Mana ernent <br />$4,500.00 $ 9,250.00 <br />$ 9,527.50 <br />$ 9,813.33 <br />Einer enc' 0 eretionsI: ' <br />n/a $ 3,875.00 <br />$ 3,991.25 <br />$ 4,110.99 <br />er I <br />Read-Onl' —5 usioenSes <br />We $ 2,375.00 <br />$ 2,375.00 <br />$ 2,375.00 <br />TOTAL <br />$ 20,000.00 <br />$ 15,893.75 <br />$ 16,299.32 <br />4) Reverse Auction. If the customer chooses to activate the Reverse <br />Auction feature and conduct Reverse Auctions through the Services, Customer does not <br />02000-2013 PlanetBids, Inc (818) 992-1771 <br />Confidential & Proprietary, R15914-10 <br />"For Government Review Only. Exempt from Release Under the Freedom of Information ACT ("FOIA") Pursuant to 5 USC 552 (b) (4)" <br />