The URL can be used to link to this page

Home My WebLink About107048 QWEST GOVERNMENT SERVICES - CONTRACT - CONTRACT - MAINTENANCE AGREEMENTContract Number. Invoice Number Customer. No. 2211116900 MAINTENANCE.. AGREEMENT This Agreement is entered into as of this 1 St day of August 2002 , by and between Qwest Interprise America, Inc. ("Qwest") and.... City of Fort Collins..... ("Customer') for the work and equipment described below. Equipment Location: 300 LA Porte Avenue Fort Collins, CO 80521 Quantity Equipment Description Octel 250. -.44 Ports Standard Extended $9,690.00 $12,112.50 Contract Does. Not Cover: Repair or Replacement of your Headsets, UPS, Batteries, software upgrades or updates, or any other Peripheral Equipment that is not listed above. Service/Repair Calls made on this Equipment, Customer will be Billed on a Time 8 Material Basis. Additional Equipment Schedule Yes No X ?To indicate Standard or Extended hours, please put a Check Mark in the appropriate Box below tandard Service Hours=8:00 a.m.-to-5:00 p.m., Mon -thru- Fri Extended Service Hours®7 X 24 Hours Annual Maintenance Charge $9,690.00 Annual Maintenance Charge 9 $12,112.50 Sales Tax (if applicable) To Be Added when Invoiced BILLING: MONTHLY QUARTERLY �_ ANNUALLY. THE TERMS AND CONDITIONS IN THIS MAINTENANCE AGREEMENT, INCLUDING THOSE ON PAGE 2 OF THIS MAINTENANCE AND THE GENERAL TERMS AND CONDITIONS INCORPORATED BY THIS REFERENCE TOGETHER WITH ANY RENCED OR INCORPORATED SCHEDULES, SHALL GOVERN THIS TRANSACTION. v0 Qwest lnterprise. America,. Inc. D (?i (�oi Lq n_)C C'_c-)POJ ZZ Telephone Number g 7D 2 Z 1 7 Date Maintenance Agreement is signed 7 signature Name (Typed or Printed) SERVICE. CENTER Qwest Service Center Telephone No. 1-800-421-2271 Date Maintenance Agreement is Signed 1. MAINTENANCE SERVICES PROVIDED In return for Customer's payment of the specified charges, Qwest agrees to maintain the listed equipment ("Equipment"), including any embedded software, in accordance with the manufacturer's specifications. Qwest will provide all necessary labor, tools and material, and will repair or replace, at Its option, any necessary parts. All parts and materials shall be of at least equal quality to the original, and may be new or used with equivalent -to -new performance characteristics. EXCEPT FOR THE FOREGOING, Qwest MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2. PROCEDURE UPON FAILURE OR MALFUNCTION OF EQUIPMENT CUSTOMER agrees to notify the Qwest Service Center of failure or malfunction of the Equipment by telephoning the Qwest Telephone Number listed on the first page of this Agreement. A. Emergency Procedure (Exception Products Excluded). An "Emergency" is defined as a major malfunction, which shall consist of one or more of the following conditions; (1) Complete failure of the system; a. No incoming or outgoing communication to or from Customer's premise; or b. No internal communications within the system. (2) Failure of a critical subsystem; a. Inoperative attendant console; b. Inoperative Message Accounting system; c. 40% of all telephones out -of -service; or d. 20 % of all trunk circuits out -of -service When notice of an Emergency is received during Qwest Standard Service Hours, Qwest agrees to make every reasonable effort to have maintenance personnel respond within two (2) hours of said notice. If Customer has selected Extended Hours when notice of an Emergency is received during hours other than Qwest Standard Service Hours, Qwest agrees to make every reasonable effort to have maintenance personnel respond within four (4) hours of a said notice, twenty-four (24) hours per day, seven (7) days a week Qwest Standard Service Hours are defined for the purpose of this Agreement as 8:00 a.m. to 5:00 p.m., Monday through Friday, local time, except Qwest observed holidays. S. Non -Emergency Procedure (Exception Products Excluded). A "Non -Emergency' is defined as a minor malfunction consisting of any failure other than a major malfunction as defined above. Qwest agrees to make every reasonable effort to have maintenance personnel respond within twenty-four (24) hours of notice of a Non -Emergency malfunction or next workday when notice precedes a weekend or holiday. C. Exception Products Exception Products are those products designated as such on the first page of the Agreement. Qwest will respond on a reasonable efforts basis to failures of Exception Product equipment. 3. EXCLUSIONS Maintenance excludes all services not specifically agreed to in writing by Qwest including, but not limited to: 3 Work on any equipment that is not located at the address specified in this Agreement or equipment which has been altered by a anyone other than Qwest; b. Making Customer specified changes or adding or removing accessories, attachments or other devices. c. Moving or relocating the Equipment; d. Repair or replacement of lost or stolen parts or material, or repair or replacement of parts, materials or software damaged through accident, negligence, abuse, misuse, connection with Incompatible equipment, failure of electrical power, air conditioning or humidity control, riot or other civil disturbances, strike or other labor trouble, sabotage, fire, flood, severe electric storms or acts of God. Customer agrees to maintain a clean, dust -free ventilated environment with a maximum 76 degrees Fahrenheit and 30%-50 % relative humidity, or such other environment that the manufacturer may specify. e.. Failure or malfunction of attached, related, collateral or ancillary equipment not covered by this Agreement. f. Work on equipment not listed in this Agreement. g. Problems resulting from work done by others during the term of this Agreement. h. Maintenance of head sets. i, Battery replacement. 4. PAYMENT The Maintenance charges set forth in this Agreement are calculated on a monthly basis, but shall be billed and payable on an annual basis. The first annual payment will be due In full the date this Agreement is signed. Subsequent payment are due in full at the beginning of each subsequent year throughout the term of this Agreement. Multiple year agreement prices will be adjusted annually on the anniversary date of the Agreement based on the CPI or 10 % whichever is less and on past year growth. 5. TERM This Agreement will remain in effect for a period of 1 years or for Twelve (12) months from its effective date or if selected, will automatically renew for an additional term of one year at Qwest then current prices (which will be submitted thirty (30) days In advance of scheduled renewal of this Agreement) unless either party gives the other written notice of termination at least (30) days in advance of any scheduled renewal. 6 Termination of Service. A. If customer terminates this Agreement early, discontinuance charges shall apply, unless the Customer signs a new Maintenance Agreement with a value equal to or greater than the balance of the current Maintenance Agreement. Customer shall pay termination charges calculated as follows: (1) Monthly Rates X (2) 35% X (3) Months remaining + (4) All Due but Unpaid = Termination for Maintenance Service Terminated in the Agreement Maintenance Charges Charge B. Customer may terminate this Agreement without liability for the discontinuance charges described herein if Qwesl does not provide services in accordance with the terms of this Agreement. Termination shall be effective thirty (30) days after Qwest's receipt of Customer's written notice of its intent to terminate, if Qwest does not cure the failure of service within that thirty -day period. Automatic Renewal: YES NO Customer Initials: