HomeMy WebLinkAboutCity of Tamarac Resolution R-81-152Introduced by Temp. 2014
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- Z /,f��
A RESOLUTION AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE AGREEMENT
WITH MICRODATA CORPORATION FOR A COMPUTER
SYSTEM AND RELATED EQUIPMENT; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the proper City officials are hereby
authorized to execute a Maintenance Agreement with Microdata
Corporation to provide service for a Computer System and related
-equipment further described in Exhibit "A", a copy of which is
attached hereto.
SECTION 2: This Resolution shall become ef-fective upon
its adoption.
PASSED, ADOPTED AND APPROVED this,,2�ay of -- - 1981.
ATTEST:
AS7SISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
fi ,�,�•� MAYOR:
CITY ATTORN- DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
f4 '-,-�W'
Sq
STANDARD MAINTENANCE AGREEMENT
Microdata Corporation
M/A No. 17481 Red Hill Avenue
Service Division
Effective Date Irvine, California 92714
6 P.O. Box 19501
Customer Loc. No. Irvine, California 92713
Customer P.O. No. — __ Telephone:
(714) 540-6730
Addendum p TWX:
910-595-1764
Equipment Location Address
%AM�',cw c
648// NW 88 4VC.
4 0-74 AAC rzg .33 3/ 9
Responsible Person /% S. W V Od
Billing Address
S4M-e-
Phone No. 3 c S" 2A A - S' y a c:
Microdata by its acceptance hereof, agrees to provide its remedial and preventive maintenance services for the
equipment and features listed below in accordance with the following terms:
Type of System Syrrc Aeo4 /t System S/N 616 //
Monthly
Maintenance
BASIC SYSTEM ..................... Model No. 97" ...............
1 $
K Memory, /'t G MB Disc.
BPI Tape Garbidge/Reel), 01' eP&/LPM printer
— Prism, Activated Communication Ports.
ADDITIONAL EQUIPMENT
1600 BPI tape to replace 800 BPI tape .........................................
ea
BPI tape drive (additional) .............................................
ea
Disc storage......................................:..............................
MB
........ ...................... .........
Memory ....................................
K
Printer ( CC CM/LPM, col, char) Model No. teez' X
:y ea
Keyboard printer with port .....................................................
ea
Prismwith port.................................................................. / ea 4' 4=
Activated communication ports .................................................
ea
Bisync communication interface ................................................
ea
DISABLED PORTS................................................................
ea
ADDITIONALITEMS
'V G k ( y S
h iv A dz, f.c.�,� CAltp c -C e L / o Pc.0 CA 7" '4-+'
TRAVEL CHARGES
Miles beyond local service area ................................................ mi.
Calculated from Service Office at:
Total monthly maintenance charges, or, total monthly charge per this addendum ........ $ G o v
Payable in U.S. Currency
Signature of Micr ata Representative Date
(Subject to Home Office Approval.)
Accepted by Microdata:
By
Title
Date
Accep
By —
Title _
Date_
ttachment O
The additional terms and conditions on the reverse side hereof and on the following pages are incorporated in
and made a part of this agreement.
77-417 110/79) White original to Microdata; Yellow copy to Microdata; Pink copy to Customer; Green is Field copy
V
Microdata Corporation
Service Division
STANDARD MAINTENANCE AGREEMENT —TERMS AND CONDITIONS
1. Term of Agreement
This Agreement shall have an effective date as stated on the face hereof,
and continue for an Initial term of one year, except as otherwise provided
in the agreement. Thereafter, this agreement shall continue. for an indefinite
period but shall be terminable by either party upon ninety days prior
written notice.
Any item of equipment may be withdrawn from this Agreement by the
customer at any time, upon ninety (90) days prior written notice. Microdata
may at its option. Immediately terminate this Agreement for payment delin-
quency in excess of thirty (30) days.
It. CAargea
Maintenance Charges provided for in this Agreement commence on the
effective date stated in the introduction hereof and shall be payable in
advance or( a monthly basis. The initial monthly payment will be due and
payable at the time of execution of this agreement with monthly invoicing
occurring thereafter.
Charges other than the Maintenance Charges identified above, which
Include travel expenses, overtime, and those other expenses identified in
Articles VI and XII hereof, shall be invoiced monthly, and all charges here-
under will be due and payable within thirty (30) days from date of invoice.
All charges specified shall remain in effect for one (1) year from the effec-
tive date of this agreement. Following expiration of one year from the effec-
tive date or from a previous increase, Microdata may increase the charges,
upon three (3) months prior written notice, a maximum equal to the greater
of ten (10) percent or the published cost of living index increase for the
previous year, It the charges are increased, the customer may, with one
(1) month prior written notice, terminate this agreement upon the effective
date of increase. Otherwise, the new charge shall become effective upon the
date specified in the notice.
There shall be added to the charges due hereunder amounts equal to any
taxes, however designed, levied, or based on such charges or on this
Agreement, or on the services tendered or parts supplied pursuant hereto,
including state and local privilege or excise taxes based on gross revenue,
and any taxes or amounts in lieu thereof paid or payable by Microdata in
respect of the foregoing, exclusive, however, of taxes based on net income.
A discount of five percent (5%) shelf be allowed for annual payment
In advance
Ill. scope of Mierodets Maintenance service
Microdata agrees to provide Maintenance Service between the hours of
8:00 A.M. and 5:00 P.M. Monday through Friday, referred to hereafter as
Microdata normal working hours, to keep the equipment and features in good
working order exclusive of normal wear and tear. This service will consist of
Onsall remedial maintenance, including replacement of unserviceable parts,
as well as scheduled preventive Maintenance. Preventive maintenance will be'
based upon the specific needs of the individual equipments as determined by
Microdata and will include lubrication, necessary adjustments, and replese-
ment of unserviceable parts. if maintenance is requested to be performed out-
side of Microdata normal working hours, Microdata will charge at the pet call
rates and terms then in effect.
Parts will be furnished on an exchange basis and will be new parts or
Parts equivalent to new in performance when used in these equipments.
Replaced parts become the property of Microdata.
IV. ESekrsions
Microdata maintenance Service Provided hereunder does not include:
(a) electrical work external to the equipment;
(b) repair of damage resulting from accident, transportation, neglect or
misuse; operation of the equipment outside the manufacturers en-
vironmental specifications; failure of electrical power, air condition-
ing or humidity control or Causes other than ordinary use;
(c) 'furnishing or maintaining removable disc packs, magnetic tapes,
patens, supplies or accessories, painting or refinishing the equip-
ments or furnishing material therefor; making specification changes or
Performing services connected with relocation of machines; or adding
or removing accessories; attachments or other devices,
(d) such service which is impractical for Microdata service representa-
tives to render because of alterations to the equipments or their con-
nection by mechanical or electrical means to other devices; or
alterations to operating systems and;
(e) systems engineering services, programming, and operations proce-
dures, of any son and;
(f) Service by Microdata personnel in any area deemed by Microdsts to
be hazardous for Microdata personnel,
V. Other Services
At the customer's request, services outside the scope of this Agreement
willf be furnished on a best efforts basis at Microdsts's applicable per cell
rates and terms then in effect.
VI. Access to Equitentont
Microdata shall have full and free access to the equipment to provide
service thereon, and the customer shall provide a safe place in which to
Perform sech service. If persons other than Microdata service representatives
shall rePa r, modify, or perform any Maintenance Service on any equipment
covered by this Agreement, and, as a result thereof, further Maintenance
Service by Microdats is required to restore the equipment to good operating
condition, such Maintenance Service will be made at Microdata's applicable
Of r call rates and terms then in effect .
VII. Additional Equipment
d reement
upon exeCul OneOfa8 duly Of u'authorized 1 repe Seeta ve toil the tCustohis me . and
acceptance thereof by Microdata of;
(a) the Customer's purchase order, or
(b) a letter agreement, or
(C) an amendment of this Agreement.
The customer's purchase order, or the letter agreement, will state the loca.
tion of the additional items of equipment, the type, model, serial number,
the effective date of the commencement of Maintenance Service and total
charges for such equipment. Charges for any additional items of equipment
with an effective date other than the selected payment dates provided for
in Article 11 hereof, shall be pro rated to the nearest such payment dates and
will continue thereafter, until the expiration of this Agreement, on such pay-
ment dates. Additional equipment will be subject to the same expiration date
as this Agreement.
Vlll. fNriods of Maintenance Service AvollabilNy
The Maintenance Charge entities the customer to weekday Maintenance
Service availability during the period of nine (9) consecutive hours between
the hours of 8:00 A.M. to 5:00 P.M. daily, Monday through Friday, except
legal holidays.
IX, Travel Eaperwe
Microdata shall charge the customer, if the location shown on the face of
this Agreement Is located beyond fifty (50) miles from Microdate's designated
servicing area or service point, a surcharge equal to .5% of the monthly
maintenance charge for each mile in excess of fifty (50), for all travel
expenses incurred by Microdata's service representative for travel beyond
fifty (50) miles from such Microdata location in connection with service dur-
ing the period of Maintenance Service availability.
X. Maintonance Service Outside Microdata'e Normal Working "ours
If the customer requests unscheduled, onaali remedial maintenance to
be performed at a time which is outside the period of Mainte lance Service
availability, the service will be furnished on a best efforts basis at Microdsta's
Per call hourly rates and terms then in effect. Travel time and expenses are
billable in connection with such maintenance. There is a minimum charge of
two (2) hours including travel time for calls taken outside Microdate's normal
working hours. For the purpose of this Agreement, any request for un-
scheduled, on-coll remedial Maintenance Service started during the period of
Maintenance Service availability and completed within one (1) hour after
such period will be treated as having been performed within such period and
no additional charge will be made therefor.
X1. Installation and Control of Engineeftng and safety Changes
Microdata will control and install all enginsering changes it deems
necessary on equipment covered by this Agreement urffess otherwise re-
quested by the customer in writing. There will be no charge for such
engineering changes.
Microdata will control and install, without charge, all safety changes it
deems necessary. If the customer refuses to permit installation of a safety
change, or removes one already installed, Microdata may, at its option, dis-
continue providing Maintenance Service until the hazard has beer, corrected.
If the customer reauests installation of engineering changes, including
safety changes, at times other than during Microdate's normal working hours,
Microdata reserves the right to charge for such service at Microdsts's appli-
cable per call rates and terms then in effect.
XI1. Disclaimers
Microdata's obligations and warranties under this Agreement are in lieu
of all other warranties, expressed or implied, and of all other obligations
or liabilities for damages, including, but not limited to, consequential
damages, arising out of or in connection with this Agreement or the Main-
tenance Service performed hereunder,
XI I I. General
Microdata reserves the right to adjust the specified Maintenance Charge
if the equipment Specifications, attachments or features of any item of
equipment are changed after the date hereof,
Microdata is not responsible for any failure to render service due to
strikes or causes beyond its control.
The customer represents that he is the owner of the equipments subjecl
to this Agreement or, if not the owner, that he has the authority to enter into
this Agreement.
Microdata shall be entitled, upon giving prior written notice to the cus-
tomer, to assign this Agreement and Microdata's rights hereunder, to any
parent, subsidiary, affiliate or agent thereof.
Either party may terminate this Agreement at any time for failure of the
other to comply with any of Its terms and conditions.
Any notice or other communication given hereunder shall be in writing
and mailed, if to Microdata, to the address of Mlcrodata's area office shown
on this Agreement, and if to the customer to the address of the cu 310mer
shown on this Agreement or to such other address as such party shall hove
theretofore designated by notice in writing. Such notice or communication
shall be deemed delivered when sent postage prepaid (an mail if mailed
more than 200 miles from the place of delivery), certified mall, return receipt
requested.
This Agreement shall be governed by the laws of the State of California
and constitutes the entire agreement between Microdata and the customer
with respect to the furnishing of Microdata Maintenance Service. No pfovi-
Sion of this Agreement shall be deemed waived, amended or mcddied by
either party unless such waiver, amendment or moddicai,on be Ir, writing
signed by the party against whom It Is sought to enforce the waiver, amend-
ment or mod,flcation.
The foregoing terms and conditions shall prevail notwithstanding any
variance with the terms and conditions of any order submitted by the cus-
tomer for the repair or maintenance of the equipment.
I
I H RQDATA EQUIPMENT INSTALLATION REPORT 3. 1
SYSTEM SERIAL NUMBER-S-� // NEW/�fl COMPLETION DATE ��� "%C Y/
INSTALL REMOVE RELOCATE UPGRADE DOWNGRADE
DESCRIBE ACTION TAKEN UNDER COMMENTS WARRANTY DAYS
SYSTEM INSTALLED AT ` i% F / /Jr7,9/'r7c'
STREET ADDRESS �' // ti' w �'f 14 U e
CITY. STATE, ZIP
RESPONSIBLE PERSON TELEPHONE
BILL TO COMPANY ATT'N.
STREET ADDRESS
CITY, STATE, ZIP
CUSTOMER BILLING CONTINUE DISCONTINUE
SERVICE CENTER ,DEPARTMENT NUMBER
MILEAGE FROM NEAREST S/C: HIGHWAY /-S STRAIGHT LINES-_M/A DESIRED r>
COMMENTS Z tis �.�! C SC�c Z' J yS /»:t iy
• ! f� �. rF�� % G ` G L %`7 :z> _3 o c L /'r 7 -_S' e � ic- l
SYSTEM CONFIGURATION SYSTEM MODEL
DISC: 10MB , 25MD , MEMOREX . REFLEX I . REFLEX Ii.
TOTAL MII_/.,4;, # CONTROLLERS / CONTROLLER ONLY
MEMORY: CORE K, MOSZSL K. EXPANSION CHASSIS
PRINTERS: PRINTRONIX,MATRIX ,DATA PRODUCTS
DATA PRINTER .# LPM/CPS .CONTROLLER ONLY
TERMINALS: P R I Si 1SJ-Y, ADDS 580 , 5750 . # PORTS / ,S . B I SYNC
2610 CONTROLLER .MATRIX KEYBOARD PRINTER
TAPE DRIVES: LODESTAR 800BPI .1600BPI .CONTROLLER ONLY
CAS DREADERS: TRUE DA DOCUMATION_---,.
`- STC ER 51 NATURE DATE MICRODATA REP SENTATIVE DATE
REVISED 09/05/80 - SECTION IV
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