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Consulting Services Agreement between City of San Leandro and 12/18/2017 <br />ConvergeOne, Inc. for Cisco Firewall Upgrade Project Exhibit A – Page 2 of 16 <br />provides no other actual or implied product warranty of any kind. Subject to the <br />manufacturer’s warranty and the applicable services warranty provided by Contractor <br />below, the product is provided as is. The warranty period for time and materials, <br />implementation, installation and/or professional services deliverables will be thirty (30) <br />days from the date on which Contractor informs City that the work is functionally complete. <br />If City purchased full service Maintenance Service at the time of the original sale, then <br />labor will be provided at no extra charge during the contract period, otherwise Contractor <br />then current labor charges will apply. <br />1.7 City’s Responsibility. City is responsible for the manner in which it uses the products <br />and services provided pursuant to this Agreement, including the maintenance and security <br />of City facilities; choice of equipment; software; related services; and all other matters <br />related to how City uses such products and services. In the event that the products <br />contain manufacturer’s software, City shall not resell the software or provide access to the <br />software either directly or indirectly to third parties unless authorized to do so in an order <br />from Contractor. City will provide Contractor with all necessary access to the equipment <br />and facilities subject to City’s normal security policies and pursuant to this Agreement. <br />City will allow Contractor technicians to conduct a comprehensive operation and <br />performance evaluation of any equipment provided, installed, serviced, or maintained by a <br />vendor other than Contractor. During evaluation, City will make all equipment and services <br />intended for use with the products and services available to Contractor technicians, <br />including computers, auxiliary audio and video sources, and all network and <br />telecommunications services (ex: LAN, IP and ISDN). <br />Section 2.COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed <br />$104,000.00 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for <br />products and services to be performed and reimbursable costs incurred under this Agreement. In the event <br />of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the <br />amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered <br />pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below <br />shall be the only payments from City to Consultant for product delivered and services rendered pursuant to <br />this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as <br />specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by <br />more than one person. <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under this <br />Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement.