SYSTEMS MAINTENANCE SERVICES (SMS) 1 - 2007

Home Browse Search

1 ~ • (such as UPS batteries, laser maintenance kits, printer bands, etc.) or electrical work external to the equipment. City shall, upon execution of this Agreement, provide a complete list of equipment subject to this Agreement. This list will be used to establish the initial monthly compensation, as set forth in Section 4, below. The City may add /remove equipment from the list upon fifteen (15) days written notice to Vendor; Maintenance services required, in the parties mutual opinion, because of problems external to the equipment or due to causes other than normal wear and tear, are not covered under this Agreement. Such services shall be billed at Vendor's per call rates then in effect. b. The City reserves the right to seek services outside the terms and conditions of this contract regarding the maintenance and support of data center equipment and systems. c. Documents To Be Construed Together. All documents ("Exhibits") referred to in the Agreement, and the Agreement to be entered into between Vendor and the City, and all modifications of said Exhibits, shall be construed together as one document. In the event of a conflict among the documents, the provision of this Agreement take precedence, followed by the City's Request for Proposal, then the provisions of Vendor's Proposal. 2. CITY RESPONSIBILITIES City shall notify Vendor of equipment failure, and shall allow Vendor staff full and free access to the equipment and use of necessary equipment, machines and devices in City's possession. 3. TERM This Agreement shall commence on the date first written above and terminate on February 1, 2010 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two additional one-year terms, upon a writing executed by the Executive Director of the Finance & Management Services Agency, the City Attorney and Vendor. 4. COMPENSATION a. City agrees to pay, and Vendor agrees to accept as total payment for maintenance of all equipment the rates set forth in Vendor's PC Server Price lists, attached as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $150,000.00, annually, during the initial three year term of this Agreement. b. Vendor will provide the City with a monthly accounting of equipment and services provided under this Agreement which may take the form of a statement or invoice showing an itemization of all equipment covered by the Agreement and an itemization of each service provided in the reporting month. The format and details of the invoice will be agreed upon before any billable services begin. c. In the event that the Vendor does not return a piece of covered equipment to full service within the `return to service time," the City may elect not to pay the Vendor the monthly service fee for that equipment. d. City may add or subtract equipment and/or services contained herein, depending upon City's need, with thirty (30) days prior written notice to the Vendor.