HomeMy WebLinkAboutINTERGRAPH INC. 2
AGREEMENT TERMINA nON
2m7 JUN '9 API fO: OS
Please complete this form when the attached agreement is no longer in effect.
CITY L c. ~'Na
Return form to the SL Deputy Clerk ofthc Council (M-30)Clailn;(i47-52)~m'i<n! have any
questIOns.
The agreement with ~i~ ~.
was completed on 5/30/67
, No. .A-dcOS-ot'-/
, and final payment has been made.
Signature:
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Department:
Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
INTErG?I\?H
IT SERVICES
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,Wl SEP 2 0 2005
For purposes of this Contract, Intergraph IT Services, hereafter
referred to as "IT Services", will provide services, as described in
this proposal, to Customer for all items listed on the
Quote/Contract subject to the terms and conditions set forth herein.
1. PERIOD OF PERFORMANCE
During the Contract period specified on the IT Services'
Quote/Contract, the Customer directly authorizes IT Services to
provide maintenance service for all items listed on the
Quote/Contract. Maintenance services will be provided in
accordance with the Scope of Work as specified in Section 3.0, or
if applicable, an additional separately executed Scope of Work
(Addendum A). Approximately sixty (60) days before the Contract
expiration date, IT Services will directly submit to the Customer a
Quote that includes pricing for the upcoming Contract period. The
Customer must provide IT Services with written notice of intent to
either terminate coverage or agree to the rates and terms of the
Quote by providing a signed Contract or Purchase Order. If
Customer fails to provide a timely written notice of intent, IT
Services will, at its option, either assume the offer has been
accepted by the Customer, or terminate coverage. If IT Services
assumes the Customer has accepted the offer, the Customer is
liable for charges incurred from the new Contract start date until
such time as the Customer notifies IT Services of its intent to
terminate the Contract.
2. CHANGES & TERMINATION
2.1. Changes
This contract can be changed or modified in one of the following
ways:
(a) Customer or IT Services provides a thirty (30) day written
notice of their intent to remove any hardware or software
products from coverage under this Contract.
(b) Any other changes or modifications must be by mutual
agreement.
2.2.
Termination
This Contract shall continue in full force beyond the stated term
until termination is accomplished in one of the following ways:
(a) Customer or IT Services provides a written notice of intent
to terminate. This Contract shall terminate thirty (30) days
after the receipt of the notice.
(b) A new Contract betwecn Customer and IT Services is signed
into effect for similar service.
(c) If either party petitions for reorganization under the
Bankruptcy Act or is adjudicated a Bankrupt, or a receiver is
appointcd for either party's business, or the Customer fails
to pay IT Services any amount when due hereunder.
A-2005-084
CUSTOMER SERVICE
Multivendor Service Contract
3. IT SERVICES SCOPE OF WORK
The Scope of Work addresses IT Services' maintenance provided
for Intergraph Computer Systems (lCS) and for other hardware
vendors. Section 3.1 addresses IT Services offerings exclusive to
ICS Hardware. Section 3.2 addresses IT Services offerings
applicable to any OEM hardware systems, including ICS hardware.
The Hardware Support Terms specified in Section 3.3 are
applicable to all service offerings addressed in this Scope of Work.
3.1. ICS Hardware Service
These services are specifically limited to products offered by
Intergraph Computer Systems.
IT Services is the only certified provider of base limited warranty
services for Intergraph Computer Systems.
The equipment serviced includes all individual items of Intergraph
Computer Systems' hardware assembled as a system and itemized
on the IT Services' Quote/Contract. Service coverage for monitors
is not included with the ICS System, and must be covered
separately.
Basic Maintenance Chame (BMCl provides full system hardwan: support
following the wammty period. Includes three software support incidrnts for
the delivered operating system.
Basic Warranty UDlmlde (BWU1 provides full system hanlwan: support
during the warrnnty pen<Xi Includes three software support incidents for the
delivered operating system.
Response time for BMC and BWU is four (4) business hourn fium time of
technician dispatch for sites located within 50 miles of an IT Services Savicc
City. Coverage hours are Monday through Friday, 8:00am to 6:00pm local
customertime, excluding IT SelviOOHJbscrved holidays.
Extended Warranty Service provides hardware support on the base
unit only, with second business day response offered on hardware
service calls.
IT Services reserves the right to send parts in lieu of on-site
service. Software support may be purchased separately.
3.2.
Multivendor Hardware Services
The following sections describe the support offerings for
Multivendor Hardware Services. Equipment includes all
individual items of hardware assembled as a system and itemized
on the IT Services offered Quote/Contract.
3.2.1. ITWorks NBD (Next Business Day)
For hardware vendors that provide Next Business Day (NBD)
Warranty, year one (1) parts & labor, years two (2) & three (3)
parts exchange only, this service extends the Labor to years two (2)
and three (3) and provides a NBD response for all years. Principle
Period of Maintenance (PPM) is Monday through Friday, 8:00
a.m. to 6:00 p.m. local customer time, excluding IT Services-
observed holidays. Provides for best effort remote analysis and,
only as required, a technician on site within NBD of the dispatch.
Monitor coverage must be purchased separately. Keyboards,
speakers, mouse, and Monitor (when covered), are retum-to-
factory replacement items.
Other than a 30-day "Start-Up Help Desk" installation &
configuration service, software support is explicitly excluded and
priced separately. The 30-day period begins the day after shipment
from the hardware vendor.
3.2.2. ITWorks SBO (Same Busioess Day) 4hr 5.10
PPM is Monday through Friday, 8:00 a.m. to 6:00 p.m. local
customer time, excluding IT Services-observed holidays. Provides
hardware-only full system support including keyboard, mouse, and
monitor. Provides for best effort remote analysis and, only as
required, a technician on site within four hours of dispatch. For
calls placed after 2:00 p.m. local customer time, a technician will
be on site, if required, the next business day (NBD). Other than
the 30-day "Start-Up Help Desk" installation & configuration
service (3.4.1), software support is explicitly excluded and priced
separately.
3.2.3. ITWorks SBO 2hr 5x10
PPM is Monday through Friday, 8:00 a.m. to 6:00 p.m. local
customer time, excluding IT Services-observed holidays. Provides
hardware-only full system support including keyboard, mouse, and
monitor. Provides for best effort remote analysis and, only as
required, a technician on site within two hours of dispatch. For
calls placed after 4:00 p.m. local customer time, a technician will
be on site, if required, the next business day (NBD). Other than the
30-day "Start-Up Help Desk" installation & configuration service
(3.4.1), software support is explicitly excluded and priced
separately.
3.2.4. ITWorks Aoyday 4hr 7.24
PPM is 24 hours a day, seven days a week. Provides hardware-
only full system support including keyboard, mouse, and monitor.
Provides for best effort remote analysis and, only as required,
technician on site within four hours of dispatch. After normal
business hours (Monday through Friday, 7:00 a.m. to 7;00 p.m.
Central Time), a Support Engineer will contact the customer and
perform initial problem diagnosis. If on-site visit is required, the
Support Engineer will dispatch a technician to the customer site
for arrival within four hours. Other than the 30-day "Start-Up
Help Desk" installation & configuration service (3.4.1), software
support is explicitly excluded and priced separately.
3.2.5. ITWorks Anyday 2hr 7.24
PPM is 24 hours a day, seven days a week. Provides hardware-
only full system support including keyboard, mouse, and monitor.
Provides for best effort remote analysis and, only as required,
technician on site within two hours of dispatch. After normal
business hours (Monday through Friday, 7:00 a.m. to 7:00 p.m.
Central Time), a Support Engineer will contact the customer and
perform initial problem diagnosis. If on-site visit required, the
Support Engineer will dispatch a technician to the customer site
for arrival within two hours. Other than the 30-day "Start-Up Help
Desk" installation & configuration service (3.4.1), software
support is explicitly excluded and priced separately.
3.2.6. ITWorks VIP
Each of the above service offerings (3.2.1 through 3.2.5) is
available in a "VIP" variation for ICS hardware only:
(a) ITWorksVIP NBD
(b) ITWorksVIP SBD 4hr 5x10
(c) ITWorksVIP SBD 2hr 5xlO
(d) ITWorksVIP AnyDay 4hr 7x24
(e) ITWorksVIP Anyday 2hr 7x24
The terms for each of these VIP offerings are the same as the non-
VIP offerings, but include three (3) Operating System support
incidents with each hardware system covered. The terms and
conditions of these support incidences are covered in the VIP
Operating System Support section (Section 3.4.2. I).
3.3. Hardware Support Terms
3.3.1. Per-Call Service
Any service call required as a result of Excluded Services (Section
9.0) is considered Per-Call Service.
Planned maintenance will be performed at a time mutually
acceptable to the Customer and IT Services. Planned maintenance
performed outside the principal period of maintenance (PPM) shall
be at the prevailing per-call rates (portal-to-portal):
During the PPM (two hour minimum): $1501hour + Travel
expense
Outside the PPM (two hour minimum): $1801hour + Travel
expense
Parts required as a result of Per-Call Maintenance arc not included
in the above per-hour rate and will be invoiced accordingly.
3.3.2. Standard Service Terms
The following terms apply to all Service Offerings specified in
Sections 3.1 and 3.2.
Standard service does not include a system service level or repair
time guarantee. This guaranteed repair time service may be
addressed by a custom quote
On-site hardware service guarantees a reasonable effort to respond
within the hardware response times noted in each service program,
barring circumstances that are beyond the control of IT Services.
IT Services cannot guarantee response time when the call is
deemed per-call service or is outside the service city center radius.
For Customer sites located beyond the 50-mile radius of an IT
Services Service City, remote location charges apply. Remote
location charges are calculated based on the number of units
covered under this Contract and the distance from the nearest IT
Services Service City. In the event the Customer site qualifies for
remote location charges, such charges will appear as a line item on
this Contract.
Additional response time options and guaranteed system
availability for comprehensive full service within a fifty (50) mile
radius of an IT Services Service City are available. Quotes for
such services are available upon request.
Maintenance will include replacement of parts deemed necessary
by IT Services. All parts will be furnished on an exchange basis,
and items replaced will become the property of IT Services. IT
Services reserves the right to ship customer-installablc replacement
parts and to substitute like parts.
The customer or any 3rd party person or enterprise shall not
perform, or attempt to perform, maintenance or repairs to the
Equipment during the Contract period without the express
permission or request by IT Services.
All equipment must be in operating condition or restored to
operating condition to be eligible under the terms of this Contract.
IT Services reserves the right to exclude equipment from this
Contract, which has been misused or subjected to undue physical
or electrical stress.
In the event that it has been determined, after a commercially
reasonable search, that the required partes) are not available to
complete the repair of a particular piece of equipment, then
Intergraph and the customer will agree to delete that piece of
equipment from the Contract. Intergraph will refund any monies
prepaid by Customer for that piece of equipment from the time it is
deleted from the Contract to the end of the current Contract period.
In the event Customer chooses the IT Works Anyday 7x24
coverage, as stated in Section 3.2.4 and 3.2.5, the Customer may
be required to purchase and maintain a reasonable number of spare
parts as recommended by Intergraph.
3.4 Operating System Support & Help Desk Services
The following sections describe the IT Services Operating System
and Help Desk support services. These standard services provide
technical telephone support and web service for, primarily,
Microsoft operating system and front and back office applications.
On a custom individual case basis, support for other software may
be appended to the Quote/Contract. These standard services do
not provide the Customer with upgrades to any software.
3.4.1 30-Day Start-Up Help Desk
A complimentary 30-Day Start-Up Help Desk service for the
operating system is included with all hardware maintenance
offerings for new systems. This service runs for a period of 30
days beginning the day after shipment from the hardware vendor.
Provides telephone support line and web service for system
administrators' software support requests answered by IT Services
support engineers for operating system specific technical needs and
problems. This is not a "how to" service desk. 30-Day Start-Up
Software Help Desk support PPM is Monday through Friday, 7:00
a.m. to 7:00 p.m. Central Time, excluding IT Services-observed
holidays. Software support will include and be limited to the
maintained hardware's Windows-based Operating System-
Windows NT Workstation, Windows NT Server, Windows 9x or
their subsequent released versions, e.g. Windows 2000
Professional.
3.4.2 Incident Services
For all Service Offerings that refer to "incident", an incident is
defined as a problem that cannot be broken down into subordinate
problems. For a request with subordinate problems, each problem
is considered a separate incident, and therefore must be submitted
as a separate support request. Determination of what constitutes a
separate incident will be at IT Services' discretion. Incidences are
accumulated at the site level. Total incidents purchased are
useable at any time in the duration of the contract. Unused annual
incidents cannot be carried forward to a new year.
3.4.2.1 VIP Operating System Support
This support is included only with the ITWorks VIP hardware
service offerings (Section 3.2.6). VIP Operating System Support
PPM is Monday through Friday, 7:00 a.m. to 7:00 p.m. Central
Time, excluding IT Services-observed holidays. This is incident
based support. This support will include and be limited to the
maintained hardware's Windows-based Operating System-
Windows NT Workstation, Windows NT Server, Windows 9x or
their subsequent released versions, e.g. Windows 2000
Professional. Provides telephone support line and web service for
system administrators' operating system "break-fix" support
requests. This is not a "how to" service desk.
3.4.2.2 ITWorks WOS (Workstation Operating System)
The software addressed is limited to the Windows NT Workstation
and Windows 9x operating systems or their subsequent released
versions, e.g. Windows 2000 Professional. ITWorks WOS PPM is
Monday through Friday, 7:00 a.m. to 7:00 p.m. Central Time,
excluding IT Services-observed holidays. This is incident based
support and provides telephone support line and web service for
system administrators' workstation operating system "break-fix"
support requests. This is not a "how to" service desk.
3.4.2.3 ITWorks SOS (Server Operating System)
The software addressed is limited to the Windows NT Server
operating systems. ITWorks SOS PPM is Monday through Friday,
7:00 a.m. to 7:00 p.m. Central Time, excluding IT Services-
observed holidays. This is incident based support and provides
telephone support line and web service for system administrators'
server operating system "break-fix" support requests. This is not a
"how to" service desk.
3.4.2.4 ITWorks Help Desk Sys Admin
This standard offering provides System Administrator level Help
Desk support for Windows NT Server, Windows NT Workstation
and Win9x Operating Systems, as well as selected Microsoft Front
Office and Back Office applications. The list of standard
supported Operating Systems and applications can be found on the
IT Services web page. On a custom individual case basis, support
for other software may be appended to the Quote/Contract. The
PPM for ITWorks Help Desk Sys Admin is Monday through
Friday, 7:00 a.m. to 7:00 p.m. Central Time, excluding IT
Services-observed holidays. This is incident based support and
provides technical troubleshooting and configuration support.
Telephone consulting issues (e.g. multi-incident process type
issues such as complete walk-through of system reload) will be
charged at a rate of one incident per hour.
3.4.2.5 ITWorks Help Desk End-User
The standard offering provides End User level Help Desk support
for Windows NT Workstation and Win9x Operating Systems and
selected Microsoft Front Office applications. The list of standard
supported Operating Systems and applications can be found on the
IT Services web page. On a custom individual case basis, support
for other software may be appended to the Quote/Contract. The
PPM for ITWorks Help Desk End-User is Monday through Friday,
7:00 a.m. to 7:00 p.m. Central Time, excluding IT Services-
observed holidays. This is incident based support and requires a
functional operating system and applications and assists the end
user with "how to" basic operational issues.
3.5 Staff Augmentation Services
The following sections describe the support offerings for Staff
Augmentation Services. Such services will be provided in
accordance with the tenns specified in the Contract and, if
applicable, an additional Scope of Work. These services will
provide for onsite support of issues that may include:
Windows NT Server System Administration (O/S)
Windows NT Workstation System Administration (O/S)
UNIX System Administration (CLIX)
Windows 2000 Support
Raid Configuration
Equipment Staging, Deployment, and Relocation
Asset Documentation
Software Roll Outs/Upgrades
System Administration Back Up
System Management Support
Network Management Support
IT Department Liaison
Equipment Configuration Consulting
Technology Transfer
3.5.1 IT S.A.F.E (Staff Augmentation For the Enterprise)
Onsite support services purchased in blocks of hours. Customer
will provide all hardware, software, internet access, and tools
necessary for the Intergraph Engineer to provide the specified
service. Provides for four-hour onsite response for a minimum
duration of two hours rounded to the nearest half-hour. Hours not
used within the contract period may be carried over to a new
contract at time of renewal. No cash or credit refunds are offered
or implied. Onsite staff augmentation services will be available
during nonnal IT Services business hours, 8:00 a.m. to 5:00 p.m.
local time, Monday through Friday, excluding IT Services-
observed holidays. All durations are based on an eight-hour
workday and a five-day workweek. Time worked after normal
business hours will be charged at one and one-half hours per hour
worked.
3.5.2 Resident (On-Site) Maintenance
If Customer purchases Resident On-Site Maintenance, then during
the Contract period specified on the IT Services Quote/Contract,
the Customer authorizes IT Services to provide resident (on-site)
maintenance service for all items listed on the Quote/Contract or, if
applicable, an additional Scope of Work attached to the Contract
as Addendum A. Such services will be provided in accordance
with the terms specified in the Contract and, if applicable,
Addendum A.
IT Services will provide qualified and competent personnel to meet
the requirements of the Contract. IT Services agrees to provide a
qualified temporary replacement should its resident service
technician be absent for an extended unplanned period. Should the
resident service technician be absent for a shorter period, IT
Services' local Field Service office will respond to emergency
requests for remedial maintenance.
Services subject to this Contract will be performed only at the
site(s) agreed to unless this Contract is amended in writing.
The number of resident engineers required is based on the
following calculation:
Monthly Maintenance Contract Value
$0 - $23,999
$24,000 - $35,999
$36,000 - $55,000
Number of Engineers
1
2
3
When more than one resident is assigned to a Contract, a shift
schedule adjustment may be negotiated to allow for more than the
basic eight (8) hours of coverage without invoking the extended
coverage charge.
The specific hours of coverage are stated in Sections 3.1 and 3.2 of
this Contract.
The Customer agrees to provide workspace as needed for the
number of personnel assigned to the Contract. This workspace
shall include as a minimum:
(a) An office or workshop provided with normal office
environment controls.
(b) A telephone for local calls only (all long distance calls will be
charged to a credit card)
(c) A lockable space for storage of tools and test equipment.
Installation charges for equipment, excluding third party products
that require third party installation, are waived for Customer sites
that have a Resident Engineer. However, in the event the Resident
Engineer contract is tenninated prior to scheduled installation of
the equipment, the Customer will be responsible for payment of
installation charges at the then current rates.
4. WARRANTIES
IT SERVICES WARRANTS FOR A PERIOD OF THIRTY
(30) DAYS FROM THE DATE OF SERVICE, OR
INSTALLATION, THAT UNDER NORMAL USE,
MATERIALS, SPARES, REPAIRS AND HARDWARE
PROVIDED PURSUANT TO THIS CONTRACT, SHALL BE
FREE FROM DEFECT IN MATERIAL AND
WORKMANSHIP. FURTHER, IT SERVICES WARRANTS
FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE
OF SERVICE, OR INSTALLATION, THAT SERVICES
PROVIDED PURSUANT TO THIS CONTRACT SHALL BE
CONDUCTED IN A GOOD AND WORKMANLIKE
MANNER. THE FOREGOING WARRANTIES SHALL BE
FOR REPAIR, OR REPLACEMENT, AT THE OPTION OF
IT SERVICES. THE FOREGOING WARRANTIES ARE
VOID IF FAIRURE IS DUE TO MODIFICATION, MISUSE,
ABNORMAL CONDITIONS OF OPERATION, OR LACK
OF NORMAL MAINTENANCE.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED. IT SERVICES DISCLAIMS ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED
WITH REGARD TO A VENDOR'S HARDWARE, OR'
SOFTWARE OR SERVICES SUPPLIED HEREUNDER,
INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IT SERVICES SHALL NOT BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
OR DIRECT DAMAGES, ARISING OUT OF, OR IN
CONNECTION WITH THE FOREGOING WARRANTIES,
OR THE PERFORMANCE OF THIS CONTRACT,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE
OR PROFIT, OR LOSS OR CORRUPTION OF DATA. IN
NO EVENT SHALL IT SERVICES BE RESPONSIBLE FOR
DAMAGES IN EXCESS OF THE AMOUNT DUE AND
PAYABLE, OR OTHERWISE OUTSTANDING, UNDER
THIS CONTRACT AS OF THE DATE OF ANY SUCH
WARRANTY CLAIM.
IT SERVICES MAKES NO REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, REGARDING
YEAR 2000 COMPLIANCE. THAT IS AN ISSUE FOR THE
ORGINAL HARDWARE OR SOFTWARE VENDOR.
5. CONTRACT ADDITIONS
In the event Customer purchases additional hardware or software
directly from Intergraph Computer Systems during the term of this
Contract, IT Services will notify the Customer by submitting, in
vmting, a Quote to this Contract reflecting the additional items,
effective date(s) of service, and charges for those items under the
Terms and Conditions of this Contract.
Unless IT Services receives written notification declining service
from Customer within thirty (30) days of the date of the Quote as
described above, support services and the appropriate monthly
charges will begin on the effective date as shown on the Contract
Quote.
6. CHARGES
Contracts totaline: $12.000 or less on an annual basis:
Annual charges are due and payable in full on the first day of the
Contract. Services on products added to this Contract for any
period less than one (I) year shall be due and payable in full on the
date that the product is added to the Contract in an amount
prorated on a daily basis for the remainder of the Contract period.
Contracts totalinl! in excess of$12.000 on an annual basis:
Unless Customer specifically requests monthly billings, Contract
charges are due and payable in full on the first day of the Contract.
Should Customer request monthly invoices, monthly charges shall
be invoiced in arrears. Each subsequent monthly payment will be
due on the same day of each month. Services on products added to
this Contract for any period less than one (1) year shall be due and
payable in full on the date that the product is added to the Contract
in an amount prorated on a daily basis for the remainder of the
Contract period. Services for any period less than a month shall be
invoiced at an amount prorated on a daily basis.
Payments, which are not received thirty (30) days from date of
invoice, are subject to interest accrued at two percent (2%) per
month or the maximum allowed by law.
Should Customer terminate this Contract in accordance with
Section 2.2 (a), a penalty in the amount of50% of the value of the
terminated portion of the Contract is due IT Services. If Customer
has prepaid their Contract, IT Services will refund the Customer
accordingly. If Customer has not prepaid their Contract, then IT
Services will invoice Customer the amount due. Additionally, if
onsite spare parts were purchased by IT Services as part of the
Contracted service level, Customer shall be invoiced for the value
of the remaining parts.
7. NOTICES
All written notices required by either party under this Contract
shall be deemed to have been given when mailed by registered or
certified mail, or hand delivered.
8. EXCLUDED SERVICES
Services and parts provided by IT Services that are outside the
scope of and/or specifically excluded from this Contract will be
invoiced at then prevailing per-call rates (portal to portal) and parts
price.
IT Services is not responsible for:
(a) Maintenance of Equipment that is operated at a site where
conditions are outside the Equipment specifications.
(b) Movement or rearrangement of Equipment after initial
installation.
(c) Any parts, components, or subassemblies installed in or added
to Equipment after the Contract start date without the express
written approval of IT Services.
(d) Maintenance calls that are necessary due to failure of
Equipment not covered in this Contract.
(e) Furnishing operating supplies or accessories; painting or
refinishing the Equipment or furnishing materials for this
purpose, electrical work external to the Equipment; or
maintenance of other devices or software not specified on this
Contract.
(f) Maintenance service (planned or remedial) if: (I) The service
is required due to accident, neglect, misuse, negligence,
electrical stress, air conditioning, humidity control,
transportation, non-IT Services-supplied communication
media Equipment and/or software malfunctions, or causes
other than ordinary intended nonnal use as defined by the
manufacturer; or (2) Equipment has been maintained or
repaired, or if attempts have been so made by other than IT
Services personnel or its agents without prior IT Services
approval; or (3) Equipment has been reinstalled at a new
location unacceptable to IT Services.
(g) If, in IT Services' opinion, individual items of Equipment
under this Contract cannot be properly or economically
repaired on-site due to excess wear or deterioration, or the
Equipment has reached the end of normal lifetime or
maximum usage levels as defined by the manufacturer, IT
Services may at its discretion recommend refurbishment or
replacement. Upon request from the Customer, IT Services
will provide a written estimate of refurbishment charges and
the related shipping and insurance charges. Refurbishment
will be accomplished on Customer premises if feasible and
economically reasonable, othctWise Equipment will be
returned to IT Services or manufacturer for refurbishment. All
charges for parts, kits, and labor for refurbishment shall be
borne by Customer. An alternate quotation for replacing the
Equipment with a refurbished or new unit on a direct
exchange basis will be provided by request. IT Services is
not responsible for providing a temporary replacement unit
for Customer's use during refurbishment or replacement. IT
Services reserves the right to withdraw maintenance service
for a particular item of Equipment if Customer fails to accept
the terms and charges for refurbishment or exchange. In the
event IT Services withdraws maintenance for a particular
item of Equipment, the charges pertaining to such item of
Equipment shall be prorated for the remaining term of this
Contract, and, if prepaid, refunded to Customer.
(h) At IT Services' option, warranty and warranty upgrade parts
and services may be withheld if a maintenance provider not
certified by the OEM hardware vendor maintains or otherwise
services a system under warranty or service contract by IT
Services.
(i) Repair or replacement ofa monitor due to damage caused by
a burned in screen image.
Support services are limited to specific products as shown on the
Quote/Contract.
Software support for the following may be available under separate
Contract at an additional charge:
(a) System On Site Installation hardware/software
(b) Network configuration support for third party products not
sold to the Customer by IT Services
(c) System Tuning and Optimization
9. CUSTOMER RESPONSIBILITY
On or before the Contract start date, Customer will provide IT
Services with the valid vendor, model, warranty status, and serial
numbers of all hardware systems and monitors listed on the
Quote/Contract.
Customer warrants that all prerequisite operating system software
licenses are valid and available as necessary to operate the systems.
Services provided herein must be utilized only for the quantity of
hardware and companion operating system licenses listed on the
Quote/Contract.
IN WITNESS WHEREOF, the parties hereto
have executed this Agreement the date and
year first above written.
/
ATIESt,;;. .:::/1
f ~ ::;;r;~J::~~{-C<:. ',- C~ ""i)
PATRICIAE. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W, FLETCHER
City Attorney
By: I~'
1'1
I I
Michael Vigliotta
Deputy City Attorney
PROV AL:
s G. oss
cutive Director of the Public Works Agency
10. ACCESS TO EQUIPMENT
IT Services shall have full and free access to the Equipment for
both planned and remedial maintenance services subject to the
Customer's security requirements. IT Services shall have access to
and the use of any machines, attachments, features, or other
Equipment necessary to provide the maintenance services at no
charge to IT Services. Failure by the Customer to grant IT
Services employees and/or agents access to the Equipment in
accordance with this Section will result in the following:
(a) Planned maintenance service will be deemed to have been
accomplished.
(b) Excess on-call maintenance expense will be charged (portal-
to-portal) to the Customer at the then-prevailing IT Services
rates.
11. NON-SOLICITATION OF EMPLOYEES
Customer agrees that it will not, without the prior written consent
of IT Services, solicit or hire any IT Services employee, or induce
such employee to leave IT Services' employment, directly or
indirectly, for a period of twelve (12) months after the expiration
of this Contract.
12. MISCELLANEOUS
This Contract and all rights hereunder are not assignable.
However, a successor in interest by merger, consolidation,
operation oflaw, assignment, purchase, or otherwise, of the
business of IT Services or Customer, shall assume all rights and
obligations hereunder.
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DAVID N. REAM
City Manager
INTERGRAPH CORPORATION:
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TI Contracts Manager
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Employer ID# or Individual SS#
63-0573222