SYSTEMS MAINTENANCE SERVICES (SMS) 1 - 2007

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N ~ • ~ A-2007-061 ?~i l` ~-'~ ~ ; << . ~.: AGREEMENT BETWEEN THE CITY OF SANTA ANA . ~ ~ ~~y ~; f ~~ AND APR 1 ~ 2007 SYSTEMS MAINTENANCE SERVICES, INC. 0: Fn~S C~) l~ ~~l~y~ THIS AGREEMENT (said Agreement), made and entered into this 19`h day of March, 2007 by and between Systems Maintenance Services, Inc., a Massachusetts corporation (hereinafter "Vendor" or "SMS"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). These entities are hereinafter sometimes jointly referred to as "PARTIES" and individually as "PARTY". RECITALS A. The City makes extensive use of its computing environment to support key business operations in every City Agency and Department. B. Key computer-based services such as electronic mail, Internet access, secure data storage, as well as computer applications such as payroll, SAPIN etc. operate on server-class computers in the City and Police Computer Centers. C. Due to the critical nature of these services and applications to the daily operation of the City, the City desires to retain a vendor having special skill and knowledge in the field of maintenance of "server-class" computers and related equipment. Further, City desires to retain a vendor that will provide hardware maintenance service to the City for " 24 hours per day, 7 days a week". D. Vendor represents that Vendor is able and willing to provide the computer maintenance services to the City. E. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional maintenance services firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Vendor shall perform those services as set forth in City's Request for Proposal dated June 2, 2006, with Vendor's responses interlineated therein, attached as Exhibit A to this Agreement and incorporated by reference. • Vendor shall maintain the equipment in good operating condition and furnish scheduled preventive maintenance; • Vendor's response time shall be 7x24, 3 hour response, GUARANTEED RETURN TO SERVICE within six hours. The City retains the right to determine which service level will be applicable to each piece of equipment subject to this Agreement. Said service level may be adjusted upon fifteen (15) days written notice by City; • Maintenance includes labor and replacement of all parts deemed necessary for proper operation of equipment covered under this Agreement. Replaced parts shall become the property of Vendor. Maintenance does not include operating supplies, consumable items