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<br />INTErG?I\?H <br />IT SERVICES <br />8;AIi~ <br />(r:laP-U,) <br /> <br />, :'~;' 1(', ,. ! f( r: 1\ <br />'Pi' :!!i\. i'v11\'i i'KUl,c.tU <br />DF CGUNCII <br /> <br />,Wl SEP 2 0 2005 <br /> <br />For purposes of this Contract, Intergraph IT Services, hereafter <br />referred to as "IT Services", will provide services, as described in <br />this proposal, to Customer for all items listed on the <br />Quote/Contract subject to the terms and conditions set forth herein. <br /> <br />1. PERIOD OF PERFORMANCE <br /> <br />During the Contract period specified on the IT Services' <br />Quote/Contract, the Customer directly authorizes IT Services to <br />provide maintenance service for all items listed on the <br />Quote/Contract. Maintenance services will be provided in <br />accordance with the Scope of Work as specified in Section 3.0, or <br />if applicable, an additional separately executed Scope of Work <br />(Addendum A). Approximately sixty (60) days before the Contract <br />expiration date, IT Services will directly submit to the Customer a <br />Quote that includes pricing for the upcoming Contract period. The <br />Customer must provide IT Services with written notice of intent to <br />either terminate coverage or agree to the rates and terms of the <br />Quote by providing a signed Contract or Purchase Order. If <br />Customer fails to provide a timely written notice of intent, IT <br />Services will, at its option, either assume the offer has been <br />accepted by the Customer, or terminate coverage. If IT Services <br />assumes the Customer has accepted the offer, the Customer is <br />liable for charges incurred from the new Contract start date until <br />such time as the Customer notifies IT Services of its intent to <br />terminate the Contract. <br /> <br />2. CHANGES & TERMINATION <br /> <br />2.1. Changes <br /> <br />This contract can be changed or modified in one of the following <br />ways: <br /> <br />(a) Customer or IT Services provides a thirty (30) day written <br />notice of their intent to remove any hardware or software <br />products from coverage under this Contract. <br />(b) Any other changes or modifications must be by mutual <br />agreement. <br /> <br />2.2. <br /> <br />Termination <br /> <br />This Contract shall continue in full force beyond the stated term <br />until termination is accomplished in one of the following ways: <br /> <br />(a) Customer or IT Services provides a written notice of intent <br />to terminate. This Contract shall terminate thirty (30) days <br />after the receipt of the notice. <br />(b) A new Contract betwecn Customer and IT Services is signed <br />into effect for similar service. <br />(c) If either party petitions for reorganization under the <br />Bankruptcy Act or is adjudicated a Bankrupt, or a receiver is <br />appointcd for either party's business, or the Customer fails <br />to pay IT Services any amount when due hereunder. <br /> <br />A-2005-084 <br /> <br />CUSTOMER SERVICE <br /> <br />Multivendor Service Contract <br /> <br />3. IT SERVICES SCOPE OF WORK <br /> <br />The Scope of Work addresses IT Services' maintenance provided <br />for Intergraph Computer Systems (lCS) and for other hardware <br />vendors. Section 3.1 addresses IT Services offerings exclusive to <br />ICS Hardware. Section 3.2 addresses IT Services offerings <br />applicable to any OEM hardware systems, including ICS hardware. <br />The Hardware Support Terms specified in Section 3.3 are <br />applicable to all service offerings addressed in this Scope of Work. <br /> <br />3.1. ICS Hardware Service <br /> <br />These services are specifically limited to products offered by <br />Intergraph Computer Systems. <br /> <br />IT Services is the only certified provider of base limited warranty <br />services for Intergraph Computer Systems. <br /> <br />The equipment serviced includes all individual items of Intergraph <br />Computer Systems' hardware assembled as a system and itemized <br />on the IT Services' Quote/Contract. Service coverage for monitors <br />is not included with the ICS System, and must be covered <br />separately. <br /> <br />Basic Maintenance Chame (BMCl provides full system hardwan: support <br />following the wammty period. Includes three software support incidrnts for <br />the delivered operating system. <br /> <br />Basic Warranty UDlmlde (BWU1 provides full system hanlwan: support <br />during the warrnnty pen<Xi Includes three software support incidents for the <br />delivered operating system. <br /> <br />Response time for BMC and BWU is four (4) business hourn fium time of <br />technician dispatch for sites located within 50 miles of an IT Services Savicc <br />City. Coverage hours are Monday through Friday, 8:00am to 6:00pm local <br />customertime, excluding IT SelviOOHJbscrved holidays. <br /> <br />Extended Warranty Service provides hardware support on the base <br />unit only, with second business day response offered on hardware <br />service calls. <br /> <br />IT Services reserves the right to send parts in lieu of on-site <br />service. Software support may be purchased separately. <br /> <br />3.2. <br /> <br />Multivendor Hardware Services <br /> <br />The following sections describe the support offerings for <br />Multivendor Hardware Services. Equipment includes all <br />individual items of hardware assembled as a system and itemized <br />on the IT Services offered Quote/Contract. <br /> <br />3.2.1. ITWorks NBD (Next Business Day) <br /> <br />For hardware vendors that provide Next Business Day (NBD) <br />Warranty, year one (1) parts & labor, years two (2) & three (3) <br />parts exchange only, this service extends the Labor to years two (2) <br />and three (3) and provides a NBD response for all years. Principle <br />Period of Maintenance (PPM) is Monday through Friday, 8:00 <br />a.m. to 6:00 p.m. local customer time, excluding IT Services- <br />observed holidays. Provides for best effort remote analysis and, <br />