HomeMy WebLinkAboutCity of Tamarac Resolution R-93-046Temp. Reso. # 6464
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93-q(-Ip�
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A TWO-YEAR
MAINTENANCE AGREEMENT WITH NOVADYNE
COMPUTER SYSTEMS, INC., FOR THE MAINFRAME
COMPUTER SYSTEM; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City Officials are
hereby authorized to execute a two-year Maintenance Agreement
with Novadyne Computer Systems, Inc., for the Mainframe
Computer System, a copy of said agreement being attached hereto
as "Exhibit 1".
SECTION 2: This resolution shall become effective
immediately upon adoption. ��yy,,
PASSED, ADOPTED AND APPROVED thiscrr�� �5'cday of ,1993.
ATTEST:
CAROL A. VANS
CITY CLERK
I4E BY CERTIFY that I have
appro ed t is Resolution as
to fo ml
MITCHELL S. XRA
CITY ATTORNEY
H L. BENDER
MAYOR
MAYORRECORD OF COUNCIL
DIET 1: �.Ya KAIZ
N �
l
.r NOVADYNE" STANDARD MAINTENANCE
GOMPuMSYSTE4IWL AGREEMENT
P.O. Box 35060
Santa Ana, CA 927054M
(714) 566.4800 M/A NO. 0474 CUSTOMER P.O. BOX NO.
LOCAL: 5810-A W. Cypregs Street CLASS OF SERVICE STR ❑ ADDENDUM
Tama FL 33607 EFFECTIVE DATE_ 05/01 /93 0 ATTACHMENT
(813) 289-1594 REVENUE CENTER 97136 _
EQUIPMENT LOCATION ADDRESS BILLING ADDRESS
City of Tamarac (SAME)
7525 N.W. 88th Avenue
RESPONSIBLE PERSON
TELEPHONE NO.
Glenda Christian
(305) 722-5900
RESPONSIBLE PERSON
TELEPHONE NO.
TYPE OF SYSTEM 9000 SYSTEM S/N 30474
MONTHLY
BASE SYSTEM MODEL NO. 9250 QTY. MAINTENANCE
ADDITIONAL ITEMS
DESCRIPTION MODEL NO.
K
MEMORY
DISC STORAGE MB
*** PLEASE SEE ATTACHED SECTION "C" - EQUIPMENT LIST
FIRMWARE LICENSE CHARGE
TRAVEL CHARGES (MILES FROM NEAREST SERVICE CENTER) MI
SUSTUrAL
% DISCOUNT
TOTAL MONTHS MAINTENANCE CHARGES OR TOTAL MONTHLY CHARGES PER THIS ADDENDUM 0 S 2199Us. CURRENCY
DATE:
URE OF NOVADYNE FIELD MANAGER
TR
ACCEPTED BY NOVADYNE: ;EPTED BY G,
U M R
�
SIGNATURE SIG ATURE
NAME (PLEASE PRINT) nAMt- %h
TITLE DATE / / TITLE DATE
NOVADYNE BY ITS ACCEPTANCE HEREOF, AGREES TO PROVIDE ITS REMEDIAL AND PREVENTATIVE MAINTENANCE SERVICE FOR ABOVE EQUIPMENT AND
FEATURES IN ACCORDANCE WITH THE TERMS LISTED. THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE MADE A PART OF
THIS AGREEMENT.
STANDARD MAINTENANCE AGREEMENT
TERMS AND CONDITIONS
'TERM OF AGREEMENT i t.. ' • : `. • ' — V I . ACCESS TO EQUIPMENT
n:S Avee-ert st'ali hard an effective dell as $tate6M thefacehereof and Continua for
.,Hal :arm ci 0l.e 1,.; year, exceot as otherwise provided herein Thereafter, this Agreement
sna i crir,rrve ,n s"ec: 4u'Llect to termination by either party, upon ninety (90) days written not.ce.
:'lOvady �e .C"D.:re• Systems, Inc. (hereinafter for Convenience of reference ano for purposes
of ;rile x ^ c•:y. ca.,ec N�,vadvne) may elect to suspend the provision of service under this
AgregTer•.• lot ar•v payment delinquency in excess of thirty (30) days, until such payments are
brought cu-rent.
It. CHARGES - -
n?a:menance en3rges provided for in this Agreement shall Commence on the Effective Date
and $'a:' CO CayaD,± in a:varce, on a monthly basis. The initial monthly paymenl (or pro rate
portion tne-eof) w'li me die and payable at the Inception of (hig.Agreamem.'-
Charges ether than maintenance Charges, such as travel expenses, overlime and other ex -
parses identified herein snail be invoiced monthly, and shall tie due ano Payable tMny (30) days
from dare of invoice.
i,(-g 3•- L/(
Novadync shall have full and tree access to Thre CcquVims sumprovide
s vi evs g toe therreo a?tx
the Customer shall provide a sale place in winch to pert
inatalled in compi:ance with Installation and Planning Guide $pecifiC9lions regarding acce59:C:1,ty
whto prohibits any incumbrance to access panels Or Service areas adjacent fe ECv'pmen+ Should
Novadyne oe recurred to perform service in an unattended area tot in reaser•awe proximity
to Customer personnel. Novadyne may assign an addtionaJ service person to accor.pany the
primar,, parson for saM_ty and Secumy reasons. for which the event may De required tc pay prevail.
trig rates. Novadyne personnel may also refuse service or refuse ro enter unattended premises
of Customer's location for security and safety reasons.
Access to telephone Service in reasonable proximity' to Equipment Iletng serviced and use
of efecrncal service in Cross proximity to Equipment being serviced for purpose or povrehng
test Egwpmem or diagnostic aids is required.
V11, _ADDITIONAL EQUIPMENT
Additional items o1 EquiPmem shaft be made subjeG to this AgrearneM oy art &—andurn to
The specified chwees for maintenance services shall remain in effect for one (1) year Irorti� _` r the Agreement, executed by a duty authorized representa'Ive of Customer and OY the a'-f^.Or:Zed
me Eflec!!ve Date of tn,s Agreement. Following the expiration of one (it year from the Etfethve represertahve of Novadyne. Such Equpment shall de subject to the same qua:.heat:cis as the
Date hereof. and Inereafter no sooner than one year from the date of a previous Increase, syste n In regards to location and errvi,onmertal requirements and snail have trn'e saT,e hours
Novadyne may ,neresae said charges upon ninety r90) days written notice. Notice of such In. -" of coverage as called for on trio face of the Agreement, unless otherwise provided for in writing.
creases anal! be deemed sufficient if made or a monthly invoice and the new charges shall
become effective upon the date specified in trio notice. r Maintenance charges for any additional Items of Equipment with an effective daze othrrr than
that eel forth on the face of this Agreement shall be prorated to the next date paymen' is due
There snail be adoed to the charges due hereunder, amounts attributable to any taxes, however under this Agreomem and will continue thereafter, unw fhe termination of this Agreement. Addi-
desi5rated, levied or based on such ehargea or on this Agreement. or on the services rendered tional Equipment will be Subject to the same taxplrStion data as this Agreement,
or par„ suppued pursuant hereto, including state and local privilege or excise taxes based on -
gross revenue. and art ;axes or amounts in lieu thereof paid or payable by Novadyne in respect V I l l - TRAVEL CHARGES
of the foregoing, exel65-ve. However, of lexss based on NavadI,— not income.
Ill. SCOPE OF NOVADYNE MAINTENANCE SERVICE. '
Novadyne agrees to provide maintenance Service during contract hours. as designated on .
the !ace of the Agreement texcivamq national legal holidays), and to keep equipment and features
in good working order exclusive of normal wear and fast. Maintenance Sam" shall inctude
me ioliowirg
A) Or•cali remedial maintenance• requested by telephoning Novadyne's Central Dispatch
Center The reduestor must provide the system Identification number and a descrip-
tion of the p•ooam
8) Travel to and from Customer's location and labor and expenses during contract hours.
C) Preverit" maintenance which will to performed on a scheduled basis as deemed aP-
pmpnate by Novadyne. Preventive maintenance will be partormed Monday through Fn•
day. 6.00 a.m. to 500 p.m. only, excluding holidays (Prime Shih). Request for preven-
Tve ^.^a•menance outside Pnme Shift will be respondeo to on a DOW efforts basis and
s,,ch service win be charged for, at Novadyne's then prevailing rate. Preventive
maintenance shall include lubrication replacement of unserviceable pans, and general
maintenance activities deemed necessary by Novadyne for the specific equipment
installed.
0) Replacement of parts determined by Novadyne to be unserviceable. Parts will be fur-
maned on an exchange basis and will be new pans or parts equivalent to new in per-
formance when used in the Equipment. Replaced pans shall become the properly of
Novadyne. Novadyne, at its discretion, may replace complete units to effect repair. In
such cases, replacement units will be of equal or better condition than those being
replaced. Replaced units shall become trio Property of Novadyne.
Customer agrees to keep accurate written logs of all equipment Of operating system malfune-
bons. Sixth logs will be made readily available to Novadyne personnel for tree purpose of dfagnos-
Ing problems.
IV. EXCLUSIONS
Novadyne maintenance wince provided hereunder does not Include:
A) electrical work external to the Equipment. -
rA
B) repair of damage resulting from accident, transportation, neglect, use of unauthorized
Supplies such as paper, ribbons, tapes, and the like: misuse or operation of the Equip- -
ment ouls-ce Novadyne's currently published environmental specihcanbns; failure of
electr!cai power. air Conditioning or humidity conlyd or any C&u$e other than bminary use;
C) me fcrnismng or msintalning of removable disc packs, magnetic tapes, platens sup -
piles or accessor,es: painting or refinishing of the Equipment or furnishing material
therefor . making specification enanges: or performing services connected with reloca-
Wn of machines: C: adding or removing acCeastrrea, attachments or other device$;
0) the provision of any service which I$ Impractic l) for Novadyne's eetviCe representatives, - to render because of alterations to the equipment or the connection by mechanical
or eieciricai means to *met devides: or alterations to the operufng systm eor the failure
of the Customer to thisintaln the operating System at NovadyYie's than current published
revision level:
E) the provision of systems engineering to VCW Programming, and OPOMD" prpeadunis:
F) the provision of service by Novadyne per" in any Ibeabon deemed by Ndvadyte
to bS hazardous;
G) the teconddjoning of machhanical tttseediblias due 10 normal wear ante tear;
H) the prof uteri of service to Equipment totaled so remonly as to prohibit timely and - -
eccnomtes' delrmej of seiice:
1) the provision of service to Equipment which Novadyne. at Its discretion, designates
as being ;,nserviceab;e In such an instance. Novadyne may refuse to provide service —
until the conditions rendering the Equipment unserviceable are corrected. The co+dt.
tons rendering Equipment unserviceable may include, but are not limited to damage
due to neglect or abuse by Customer, extreme wear. damage due to acts of God. at-
stallation , in an environment not in Compliance with Novadyne a Installation and Plan. -
ning Guide specif;cartons, or damages Caused by unauthorized modifications or repair.
Unserviceabte Equipment may be defined as Equipment for which spare parts Cannot
be reasonably obtained or which is ImpraLYKAI to economically maintain.
J) the provision of service to Equipment which persons other then Novadyne ServhCo
Reoiresen;ahves have repaired, modified, or performed any maintenance service on
any Equipment Covered by this Agreement. in the event further maintenance service =
by Noveclyne is required to restore the Equipment to good operating Condition. of to
the proper Configuration. Such maintenance Service will be Charged for at Novedyne's
applicable time and material rates and terms then in effect.
K) the provision of software manlffinan*e for ether the operating system or application
software. Maintenance for software will be in aCCdrdahce with Novedynea then ap-
plicable terms. condnons and Charges.
WARRANTY
Novadvne werrilrits mat the maintenance services performed hereunder will be performed
fn a Workmanlike manner in accordance with rease rable commercial standards THE FOREGO-
ING LY4RRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED IN.
L'�ING THE WARPANNTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
_ 11 the ideation of Equipment shown on the face of this Agreement, including remote printers
and terminals, is more than fifty (SO) miles from Novadyne's designated servicing area or ser-
vice poini Novadyne shall charge Customer and Customer shall pay a distance surcharge based
upon Novadyne's then effective distance surcharge policy.
Novadyne reserves the right to refuse acceptance of maintenance contracts for any equip•
ment which is located so temde as o tender economical and timely deavery Of service impractical.
All Equipment listed on the face of this Agreement is assumed to be physically located on
the premises of the location specified on the face Of this Agreement or ad,Nning facilities Any
Equipment relocated to a location other than Stated on this Agreement anal' be subjey to to-
_ .qualit✓,ation ss to acceptabilityst fo*abon aria may be SuWea o remote surcharges_ _ .
IX. MAINTENANCE SERVICE OUTSIDE CONTRACT HOURS
Maintenance service requested outside contract hours will be performed on a best effort basis.
Upon request for such service, the closest available service person will be ass:gned- It the closest
available service person is greater than fifty (50) miles from the location requiring service, the
Customer will be informed of any possible delays and exceptional travel Charges which may be
assessed. Requests for Service outside of contract hours will not be unreasonably refused Ser-
vice outside of contract Coverage is billable portal to oorfef at Novadyne's prevaoing rates, including
travel lime and expenses. A minimum charge of two (2) hours, including travel lime applies for
such maintenance service. Parts used on Equipment which is under normal onsde contract will
not be billed provided failure is of an accepted nature. A purchase order or wntton authorization
to bill for such occurrence$ should be provided for reference it such requests for outside con•
tract hours service are anticipated. The purchase order or written auttbnZaUon will rdentdy those
persona auUgriZad to Initial& request for billable service.
X, INSTALLATION AND CONTROL OF ENGINEERING AND SAFETY CHANGES
_ Novadyne wig Conhol and instal without charge, all engineering and safety Changes Novadyne
deems necessary If Customer refuse$ to permit installation of a safety Charge. or removes one
already installed, Novadyno may. at Novadyrte's portion, discontinue the provision of maintenance
aarviee.
- If Customer requests iridagaton of engineering changes. including Safety Changes. st times
other than during NovaCyne's normal working hours. Monday through Friday, 0 OC a.m to 5.00
p.m., excluding Holidays. Novadyne reserves the right to charge for such servic3 at Novadyne's
applicable hourly rates and terms then in effect. There shall be a minimum charge of two 12)
nouns, including travel time, for such service.
X 1. - LIMITATION OF LIAI6ILTTY
i IN NO EVENT SMALL NOVADYNE BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING
FROM AND DELAY IN FURNISHING OR FAILURE TO FURNISH SERVICES HEREUNDER
IF SUCH DELAY OR FAILURE ARISES FROM ANY CAUSES BEYOND NOVADYNE S REASON-
ABLE CONTROL INCLUDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGO.
ING. ACTS OF GOD. UNANTICIPATED NATURAL PHENOMENON. FIRE, STRIKES WAR,
WEATHER. WRECKS OR DELAYS IN TRANSPORTATION. PRIORITIES OR PREFERENCES
GIVEN FOR U.S. GOVERNMENT PROCUREMENT AND INABILITY TO OBTAIN LABOR OR
MATERIALS NOR SHALL NOVADYNE BE LIABLE FOR DAMAGES FROM ANY CAUSE WHAT-
SOEVER ARISING FROM THE SERVICES PERFORMED HEREUNDER EXCEPT FOR LOSSES
RESULTING FROM BODILY INJURY AND/OR DAMAGE TO TANGIBLE PROPERTY DUE TO
THE SOLE NEGLIGENCE OF NOVADYNE NOVADYNE SPECIFICALLY DISCLAIMS ANY
RESPONSIBILITY FOR LOST DATA OR PROGRAMS DUE TO THE PERFORMANCE OF
MAINTENANCE SERVICE OR ANY OTHER CAUSE. CUSTOMER AGREES THAT_ IT IS
CU.``TOMER'S RESPONSIBILITY TO PROVIDE FOR BACKUP. ALL EXPENSES FOR
RECONSTRUCTION OF DATA OR PROGRAMS SHALL BE THE RESPONSIBILITY OF THE
CUSTOMER.
XII. GENERAL
aped o m GucthrnaMorves mrnia a law w yam d equipmentyntiants, are c" gad acha � ttnie Equipment
herself.
Customer represerile that h is the, owner of the Equipment subject to this Agreement or, that
it has the authonty to enter into this Agreement.
Novadyne snap be entitled, upon giving prior written notice to Customer, to assign this Agree-
ment and Novadynri s right hereunder, to any parent. subsidiary, affiliate agent of Novadyne
.. . Any not" or either communication given hereunder shag be in writing and maltedif to
Novadyne. to the address shown on trio face of this Agreement: and if to Customer, to the "Bill
To" address shown on the lace of this Agreement or to such other address designated by written
notice.
This Agreement shall be interpreted and governed by the Is of the State of California and
Constitutes the entire Agreement between Novadyne and customer with respect to the furnishing
of maintenance service. No provision of this Agreement shall be deemed waned, amended or
` modified by either party unless such waiver, amendment or modf ishon be in writing Signed
by the party against whom it is sought to enforce the waiver, amendment or modification.
Customer agrees that this Agreement supersedes all proposals or prior agreements written
or oral and au trifler communications between the parties, or their representatives relating to
the subject of the Agreement and the terms hereof Shall supersede and take precedence over
any and all purchase orders or similar documents delivered by Customer to Novadyne, whether
herelofae orhereafterissued All farms of Such purchase orders or atmilar documerna are deemed
relented.
Customer acknowledges that it has read this Agreement understands if and.agnaes to be
bound by tits forms and conditions.
The panees agree that mis Agreement can only be modified try a wraten Instrument signed
1.
1(- 93 - L16
ADDENDUM TO THE STANDARD MAINTENANCE AGREEKEI' T
BETWEEN
NOVADYNE COMPUTER SYSTEMS, INC.
t L!j
THE CITY OF TAMARAC
Amend Standard Maintenance Agreement as follows:
First sentence should be changed to read as follows:
This Agreement shall have an effective date as stated on the
face hereof, and continue for an initial term of two ( 2 ) years,
.except as otherwise provided herein.
2. Section I,
Add the following sentence:
The Customer's performance and obligation to pay under this
. .Contract.:-are,contingent upon annual appropriation of funding.
Notice of :termination for this reason shall be liven with
ninety (90) days written notice.
3.
First and second sentences should be changed to read as
follows:
The specified charges for maintenance services shall remain
in effect for two (2) years from the Effective Date of this
Agreement. Following the expiration of two (2) years from the
Effective Date hereof, and thereafter no sooner than one year
from the date of a previous increase, Novadyne may increase
said charges upon ninety (90) days written notice.
NOVADYNE COMPUTER SYSTEMS, INC.
Name
signature
Title
0 Date
CUSTOMER: THE CITY OF TAMARAC
Name 'A,-L-a
Signature
Title
Date
-
A
•
ATTEST:
By-..4'��
Carol A. Evans
City Clerk
CITY OF TAMARA(;
APi ROVED AT MEUING OF
ATTEST:
Corporate Secretary
(Corporate Seal)
CITY OF T C•
By:
Ma r ►i . L • E
Date:
oJohnP. Kelly
ity Manager
Date:
)Mitchell Sg4K
.City Attomey
NOVADYNE COMPUTER SYSTEMS, INC.:
By:
President
0
STATE OF FLORIDA
: SS
OOUNTYOF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaiO to take acknowledgments, personally appeared
CeG c' to me known to be the person(s) described
in and who exec ed the foregoing i strumnt and acknowledged before me and
under oath that executsd the same.
WITNESS my hand and official seal this _,�26Qiday of 19-V
NOTARY PUBLIC, State of
AdOU2 dA.t*y� Ok C � Florida at Large
FIOTi:P.Y fiL`awir, STT.YF OF C! 0:�1D/L
U 80N-Dr'•+r...0 ,� ;..kv rur�uc 4votKyrR�7
_1In7 �R..
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( x, Personally known to me, ._
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or O DID NOT take an oath.
&A, Z Wr1) 1 1 .22 ►- P. 02 � ! 3-4
NOVADYNE COMPUTER SYSTEMS, INC.
SECTION "C" -- EQUIPMENT LIST
of TAMARAC
Contract#
COVERAGE TYPE:
STANDARD
N. W. 88TH AVENUE
C.I.Df: 30474 _
,RAC, FL 33321
START DATE:, 05/01/93
MONDAY/FRIDAY:
8 /h
,NDA CHRISTIAN
LAST CHG
SATURDAY:
0 /h
3-722-5900 ext-
EXP. DATE :-M,3079b
SUNDAY:
0 /h
-----__-----_..-------------------------....----------___----..-------------------
unit
Extended
QTY
Model Number
Description
Price
Price
.--
- -__
--------------
----------------------
_------
---------
1-
X
9240
SEQUEL BASE SYSTEM
953.00
953.00
2
1
A20004600-014
PRISM YZ
13.00
13.00
3
1
CS20013787-001
FD 260MB 14" ADD -ON DISC NO CTR
121.00
121.00
4
1
A20032011-001
FUJITSU DISC CONTROLLER
40.00
40.00
5
9
A20032529-001
A -SYNC COMM LINE CONTROLLE
45.00
405.00;
6
1
A20032025-014
SEQUEL EXPANSION CHASSIS & PWR
30.00
I
30.00
1
PRINTRONIX-6-PF
60OLPM PHZ PRINTRONIX PARALLEL
139.00
139.00
8
_2
PRINTRONIX-3
'PRINTRONIX 30OLPM PTR-W/O CTRLR
98.00
196,00
9
1
A20032442-002
2MB MOS ME14ORY WITH 256K CHIPS
140.00
140.00
10
1
CS20029000-011
100-501PS/1600-3200BPI D/D STRM
82.00
82.00
11
1
A20032012
DUAL TAPE/PARALLEL PRINTER CONT
50.00
50.00'
12
2
A20032529-002
A -SYNC COMM LINE CTRL (ACLC
45.00
90.00i
13
X
A20032442-001
4096K MOS MEMORY WITH 264K CHIP
250.00
250.001
......_f--------------- ---------------------------------.,..._
MONTHLY MAINTENANCE CHARGE $ 2509.00
EXTENDED
COVERAGE CHARGE
MON-FRI
6 HOURS 0
$
0.00
SATURDAY
0 HOURS 0 %
$
0.00
SUNDAY
: 0 HOURS 0 $
$
0.00
LESS MULTI-YR.
DISCOUNT 20%
$
501.80
LICENSE FEE
$
192.50
TOTAL MONTHLY
MAINTENANCE CHARGE $
2199.70
:OVERAGE : Standard Coverage provides 4 hour
response and one
hour
work -through past the PPM
ge 1 PREPARED BY ROBERT HICKS