The URL can be used to link to this page

Home My WebLink About92-019 G & C Consulting Services Maintenance Agreement 92-019 G & C CONSULTING SERVICES MAINTENANCE AGREEMENT 9 71 G & C CONSULTING SERVICES MAINTENANCE AGREEMENT CUSTOMER: CITY OF CUPERTINO CALIFORNIA EIiFFECTIVL DATE: AUGUST 1ST.1992 ANNUAL CHARGE: $1690 WAIVED-CHARGES't'IME&MAT SERVICE CALLS MUST BE SUPPORTED BY P.O. COST OF HOURLY CHARGE$45.00 PER HOUR SYSTEM: VOTAN TELE CENTERS&RELATED HARDWARE LOCATION CITY OF CUPERTINO 10300 TORRE AVE. CUPERTINO CALIFORNIA 95014 1.) MAINTENANCE:Subject to the following terms and conditions G &C CONSULTING SERVICES shall furnish all necessary service, parts and labor to maintain the equipment in good working eoadition. G & C CONSULTING SERVICES shall dispatch qualified technicians to the equipment location within(5)five hours,(24)hours a day,seven(7)days a week,three hundred and sixty five(365) days a year after receiving notification of a major interruption of service. Major interruption of service for purposes herein, shall be defined as no incoming or out-going telephone services (system crashes), or the inability to retrieve V-mail messages by 50%, of the users within the customer's system. Routine service requests will be responded to within (24) hours of the customer's request between the hours of 8:00 AM and 5:00 PM, Monday Through Friday. Holidays excluded. Routine service requests for purposes herein is any service call necessary to correct any other customer malfunction including but not limited to repair of the Voice mail system, hard disk, hard disk controller, video card, power supply monitor,voice cards and other related Votan equipment, which are malfunctioning or out of service. G&C CONSULTING SERVICES shall replace or repair Acczssary parts without additional charge. This agreement, however does not cover the replacement of parts lost or damaged by accidental negligence or causes other than ordinary use. Further, maintenance does not include labor and material cost of additions, rearrangements or relocations. if persons other than G & C CONSULTING SERVICES representatives perform maintenance or repair to the equipment, and G & C CONSULTING SERVICES is required to restore the equipment to good operating condition by reasons thereof,or if the Customer requests service outside the scope of this agreement,such repair or service will be furnished at G & C CONSULTING SERVICES applicable rates for time and material then in effect. In performance of all these services, G & C CONSULTING SERVICES shall have, and the customer hereby grants,full and unrestricted access to the premises on which the equipment is located. i G &C CONSULTING SERVICES responsibilities for repair shall be limited to the customer's side of the interconnecting devices connecting the equipment to the telephone system operated by the utility, or in the absence of interconnecting equipment, to the customer's side of the point of connection between customer's equipment and the utility. 2.) PAYMENT: The customer agrees to pay G & C CONSULTING SERVICES the annual / semi- annual charge in advance set forth in this agreement, plus applicable taxes. During the term of this agreement, an invoice will be sent to the customer consistent with G & C CONSULTING SERVICES normal billing cycle. 3.) TERM, PROVISIONS FOR RENEWAL: The term of this agreement shall commence on the above mentioned effective date, and shall continue for a period of one (1) year, and thereafter shall continue from year to year subject to termination by either party upon thirty (30) days written notice. At the end of the first year of this Agreement and each subsequent anniversary, G &C CONSULTING SERVICES reserves the right.to increase the annual maintenance fee consistent with increased costs of providing service hereunder. 4.) ADDITIONS: If equipment is added to the system subsequent to the equipment described in the attached Schedule "1", anew annual rate will be computed, after it's warranty period, to take into account the cost of servicing and maintaining the equipment added. 5.) LIMITATION OF LIABILITY: In the performance of this agreement, G & C CONSULTING SERVICES shall be liable only for the expense of providing routine repair and maintenance service. Further, no liability will arise if the performance of such service is prevented by declared government emergencies, civil disturbances, strikes, or other causes beyond G & C CONSULTING SERVICES' control.Customer agrees that neither G & C CONSULTING SERVICES it's agents or employees shall be liable for any loss or damage to the Equipment or other property or injury or death of the Customer's agents,employees or customers arising in connection with the maintenance services provided by G &C CONSULTING SERVICES wider this agreement unless such loss, damage, injury or death results solely from the gross negligence or willful misconduct of G & C CONSULTING SERVICES'officers, agents or employees. IN NO EVENT SHALL G &C CONSULTING SERVICES,IT'S AGENTS OR EMPLOYEES BE LIABLE FOR INDIRECT,INCIDENTAL,OR CONSEQUENTIAL, DAMAGES(INCLUDING WITHOUT LIMITATION ANY LOSS OR BUSINESS, DAMAGE,OR EXPENSE iDiRECTLY OR INDIRECTLY ARISING FROM CUSTOMER'S INABILITY TO USE THE EQUIPMENT EITHER SEPARATELY OR iN COMBiNATION WITH ANY OTHER EQUIPMENT OR FROM ANY OTHER CAUSE). 6.) ACCEPTANCE OF AGREEMENT: Acceptance of this agreement by G & C CONSULTING SERVICES shall be subject to an inspection and test of the equipment to be covered, to be performed by G&C CONSULTING SERVICES'Authorized Personnel. 7.) ENTIRE AGREEMENT: The provisions contained in this agreement constitute the entire agreement between the Customer and G & C CONSULTING SERVICES and may not be altered or modified in any way except in writing and signed by both parties. 0AME ONSU G SERVICES,INC. CUSTOMER — -Co �r Arm TIlTLE-�& /' --7 DATE DATE