HomeMy WebLinkAboutResolution - 4093 - Contract - TDOIR - Digital Equipment Maintenance - 02_25_1993Resolution No.
February 25, 1993
Item #38
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract, and
associated documents, with the State of Texas Department of Information
Resources purusant to Section 271.083 of the Texas Local Government Code, to
participate in the Digital Equipment Corporation Contract administered by the
Department of Information Resources. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this
ATTEST:
C-arm
SaTTy Stil1,A e, Acting City
Secretary
APPROVED AS TO CONTENT:
J �- 440, 4--ZA -t —
Vicm n, Purchasing Manager
APPROVED AS TO FORM:
Linda L. ama es, Assistant City
Attorney
LLC:js/DIGITAL.RES
D1-Agenda/February 18, 1993
Resolution No.
February 25, 1993
Item #38
CONTRACT NUMBER
CONTRACT FOR PURCHASE OF SERVICES
THE STATE OF TEXAS
COUNTY OF TRAVIS
THIS CONTRACT AND AGREEMENT is entered into by and between the
State Agency and the Local Governmental Body or Independent
School District shown below as Contracting Parties, pursuant to
the authority granted and in compliance with the provisions of
"The Interlocal Cooperation Act", Chapter 791, Government Code.
I. CONTRACTING PARTIES:
The Receiving Agency: CITY OF LUBBOCK
The Performing Agency: DEPARTMENT OF INFORMATION RESOURCES
II. STATEMENT OF SERVICES TO BE PERFORMED:
The Performing Agency will provide computer maintenance to
the Receiving Agency as per contracts submitted to the
Performing Agency by the Receiving Agency's forms.
III. BASIS FOR CALCULATING REIMBURSABLE COSTS:
Subject to the submission by Performing Agency to Receiving
Agency of invoices and/or billing statements including
itemized statements (provided by Digital Equipment Corpora-
tion), Receiving Agency shall pay Performing Agency based on
the actual cost of the services. The Performing Agency will
prepay the Contract and will use the prepayment discount for
administration costs.
IV. BASIS FOR CALCULATING SERVICE COSTS:
The Performing Agency will provide services per the Digital
Equipment Corporation contracts provided.
V. PAYMENT FOR SERVICES:
The Performing Agency will pay for services received by the
Receiving Agency when notified by the Receiving Agency that
all contracts and invoices are correct. Receiving Agency
will reimburse the Performing Agency upon receipt of the
interagency transfer voucher/invoice. All payments hereun-
der shall be from current revenues available to the paying
party as required by Section 791.011(d)(3), Government Code.
VI. TERMS OF CONTRACT:
The Receiving Agency will participate in the Digital Equip-
ment Corporation Contract administered by the Performing
Agency from September 1, 1993 through August 31, 1996 with
option to renew two more years, one year at a time. A copy
of said Contract is attached hereto as Exhibit "A" and made
a part hereof by reference.
It is understood that should the Receiving Agency, before the end
of the three (3) year term of this Contract, (1) terminate this
agreement, or (2) delete any part of this Contract for reasons
other than sale, discontinued use, upgrade to newer Digital
Equipment technology, transfer of equipment or non -appropriation
of funds, the Receiving Agency agrees to pay the Performing
Agency an amount equal to the multi -year discount granted to the
State for services provided up to the date of termination to
reimburse Digital Equipment Corporation. This amount shall be
payable immediately upon termination or deletion.
The Performing Agency further certifies that it has authority to
provide these services contracted for by authority granted in
Section 1, Article 4413(32j), Section 21, H.B. 2736, 71st
Legislative, regular session. The Receiving Agency has authority
to receive these services pursuant to Section 271.083 of the
Local Government Code as an approved program of the State
Purchasing and General Services Commission.
The undersigned parties bind themselves to the faithful perfor-
mance of this Contract.
CONTRACT FOR PURCHASE OF SERVICES
DIGITAL EQUIPMENT CORPORATION ---- PAGE 2
This Contract shall become valid on the beginning date of the
Contract.
RECEIV79P AGENCY: PERFORMING AGENCY:
C FP.71%
BOC DEPARTMENT OF INFORMATION
C"
RESOURCES
B
VID R., I�kNGSTON,OR
Date February 25, 1993
ATTEST:
Sally Still;Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
e�Xobert Massengale, As istant
City Manager/Financial Services
APPROVED AS TO FORM:
�&l�dG ��alier, First
Assistant City Attorney
DGV:js/K-DIGITL.DOC
D6-Conts,Agmts/February 18, 1993
BY:
Title
Date
CONTRACT FOR PURCHASE OF SERVICES
DIGITAL EQUIPMENT CORPORATION ---- PAGE 3
THE CITY OF LUBBOCK WILL PARTICIPATE IN THE DIGITAL EQUIPMENT
CORPORATION CONTRACT ADMINISTERED BY THE DEPARTMENT OF
INFORMATION RESOURCES THAT WILL START SEPTEMBER 1, 1993, AND RUN
THROUGH AUGUST 31, 1996, WITH OPTION TO RENEW TWO MORE YEARS, ONE
YEAR AT A TIME. CITY OF LUBBOCK AGREES TO REMIT PAYMENT TO THE
DEPARTMENT OF INFORMATION RESOURCES NO LATER THAN 30 DAYS AFTER A
CORRECT INVOICE HAS BEEN FURNISHED.
WE UNDERSTAND THAT SHOULD THIS AGENCY, BEFORE THE END OF THE
THREE (3) YEAR TERM OF THIS CONTRACT, (1) TERMINATE THIS
AGREEMENT, OR (2) DELETE ANY PART OF THIS FOR REASONS OTHER THAN
SALE, DISCONTINUED USE, UPGRADE TO NEWER DIGITAL EQUIPMENT
TECHNOLOGY, TRANSFER OF EQUIPMENT OR NON -APPROPRIATION OF FUNDS,
THE AGENCY AGREES TO PAY THE DEPARTMENT OF INFORMATION RESOURCES
AN AMOUNT EQUAL TO THE MULTI -YEAR DISCOUNT (50) GRANTED TO THE
STATE FOR SERVICES PROVIDED UP TO THE DATE OF TERMINATION TO
REIMBURSE DIGITAL EQUIPMENT CORPORATION. THIS AMOUNT SHALL BE
PAYABLE IMMEDIATELY UPON IN ON OR DELETION.
uthori z ed—S ignatulrb
kVID R. LANGSTON, MAYOR
DATE: February 25, 1993
This must be returned to the Department of Information Resources,
Loretta Rouse no later than March 1, 1993.
DGV:js/DIGTL-AT.DOC
D6-Conts,Agmts/February 18, 1993
V.
..tea
DEPARTMENT OF INFp12MATIOh RESOURCES
I
,inn S. Fuelberg Executive Director
February, 5, 1993
Government Entities:
The Department of Information Resources (DIR) has entered into an agreement with Digital
Equipment Corporation to administer DEC maintenance contracts for government entities
throughout the State of Texas.
There are advantages to this agreement for both parties. DEC reduces its administrative cost
and assures their revenue stream. State of Texas government entities receive a 60% discount
from list on maintenance while maintaining their current contract requirements.
DIR will serve as a central point of contact for billing and addition and deletion of equipment.
This contract is being done in accordance with State of Texas procurement rules and is being
offered to local government entities through the Interlocal Agreements. I have attached a sample
Interlocal agreement. I have also attached a copy of the legislation that allow local entities to
participate in this arrangement.
Sincerely,
Larry R. Lehmann
PQ. BOX 13561 • .�1 STI\, TEXAS 78711-3:Gd • TEI : 1312) 4i5-4700 • FAQ 1512) •.;5-4759
f`
r
DIR MASTER CONTRACT
DIGITAL EQUIPMENT CORPORAPTIO.:
and
DFPARTMENT OF INFORMATION RE.e,OURCES
THIS DIR PIASTER CONTRACT between DIGITAL EQUIPMENT r0RPCRATI0tI (Digital) and
DEPARTMENT OF INFORMTION RESOURCES (DIR) is for a three-year statcwide
maintenance Agreement, with two mutually agreeable one-year extenSions
available. This contract will be effective September 1, 1953 through August 31,
1996 and is for all Digital manufactured hardware, including attached or
integrated non -Digital manufactured hardware, residing in all State of Texas
agencies and entities. This contract is also extended to include local (city
and county) government agencies. This agreement may aot be modified by
individual agencies or entities and may only be modified as mutually agreed by
DIR and Digital.
Each agency will continue to have their individual contracts with Digital and
will be under the DIR contract for discount and ad:�inistraticn p•u?poses only.
DIR has combined individual agency contracts fo_ additional savings and will
Monitor the 14ASTER CONTRACT, distribute agency coy.tracts, collect monies, and
pay Dicita? thirty (30) days after receipt of a coo ect invoice. Applicable
service descriptions for this DIR MASTER CONTRACT are attached (Addendum B and
C) .
Pricing for this contract will be fixed on the current Digital Q3 (January 193
thru March 193 Systems/Service Price List ("Price List"). The discount from
list will be sixty percent (60%) with a five percent (5%) prepayment discount
applied to the net annual total. A breakdown of the applicatle Discounts and
Allowances and the order of application aLe included as Addendum A.
Only new technology coming on the contract will be exempt from this discount.
At the present time, this includes VAX 9000 and Alpha AX? based hs_:'ware which
will receive a seventeen percent (17%) from list. Digital will monitor the
competitive status of ALPHA AXP and ALPHA -ready technology and wit; notify DIR
when these technologies can be included on the contract at full,-31scounttd
prices. This will begin when competitive service is available. This i{ a
hardware services contract only and does not include contracts witiA bur: wed
hardware and software pricing. The competitive allcwance all
Non -Digital equipment except as otherwise defined :rmtually agreed upon cn a
case -by -case basis.
When pricing for a particular item on the Price :gist is reduced, Diciital will
automatically discount that item, from the lower price. Noti_zicaticn of price
reduction is to be given to DIR so this information can be passed on to
agencies. Changes in Di,ita113 corporate pricing strategy will be cause for
both panties tc review and/cr renegotiate this Should this occur,
the net pricing for the current lin progress) Iiscal year will he honored
by Digital through the remainder of that fiscal ,ear until the contract is
either mutually renegotiated, continued through t`e 3-pear to nn, or cancelled.
DIR MASTER. CONTRACT ?age 1
All irv^icing will be through the Department of Information Resources and
distributed to those agencies under the DIR M,ySTEP. CONT:tAC� r.apaztment of
Information Resources will pay the invoice for all State Agency contacts when an
invoice for all agency contracts under thi3 DIR WkSTER :.ON LAC: have been deemed
correct and ready for pay.rent by the agencies.
Should the State of Texas, before the end of the three-Q) yaar tell: of this
contract, (1) terminate tnis contract, or (2) delete any addenda for reasons
other than sale, discontinued use, upgrade to newer. Digital technology, transfer
of equipment, or non -appropriation of funds, the State of Texas agrees to pay
Digital an amount equal to the Multi -year Discount (See Addendum At granted to
the State for services provided up to the date of termination. This amount
shall be payable immediately upon termination or deletion.
A listing of the current hardware service contracts for the State of Texas, City
and County governmental agencies is attached for reference (Addendum D).
Agencies may be added to the co^tract during the DIR. MASTER CONTRACT term by
contacting DIP, and Digital. If any current hardware contracts have been
invadvertenly missed in the addendum, t'iey will 'Ile added upon notification.
Digital's acceptance of this Statewide Agreement with DIR is based upon the
inclusion of adequately funded State Contract Eligible Purchasers. The
exclu3ion of Eligible Purchasers from this agreement may be cause for Digital to
cancel this Agreement either immediately or at the end of the current State
fiscal year, or renegotiate the pricing incentives (discounts and allowances)
contained in this agreement.
DEPARTW,,NT OF MFORMTION RESOURMS
By. Q4'�4�R
Au 'tor' ..ed Signature
Name: larry R. Iplumtul
Typed or printed name
Title: Associate-Deputy-JireCt..or
Date: Feb -Mary 3, 1993
DIGIPIL EQutPIMINT CO 0K
AuthctiZed Signature
Name: Y— o-_- .- Ta or-nn+
Typed or printed name
Title: Accoimt_*Team Sales Manager
Date: 2/2/93
DIR MASTER CONT".CT Page 2
A.
DIR MASTER CONTRACT
ADDENDUM A
CORPORATE VOL—UrM DISCCvk+'a SCHEDULE
DIGITAL agrees to grant to The State of Texas the applicable Corperate Voltu?e
Discount set forth below or, rardc:are maintenance contracts accepted by DIGITAL
during the Term of this Agreement provided The State of Texas complies with this
Agreemenr_ .
"Aggregate Customer Services Dollar Value" for purposes of t1 e Corporate Vnl,.,-re
Discount and Site Dollar Volume Discount is the total value in U.S. dollars at
list price of services purchased by and deliverer? to Eligible State Contract
Purchasers ("Eligible Purchasers" or "Purchasers") on c_"ders subject to this DIR
MASTER CONTRACT.
Aggregate One Year Customer Services Dollar Value
Discount Level Dollar Value (In Thousands) Discount Percentage
1 0
but
less
than
2,000 0
7 2,000
but
less
that.
4,000 1
3 4,000
but
less
than.
6,000 2
4 6,000
but
less
than
8,000 3
5 8, "0
but
less
tbc-m
J0, 000 4
6 10,000
and
over
5
SITE DOLLAR VOLUME DISCOC'n'T SCHiiULIE
DIGITAL agrees to grant to The State of Texas the applicable Site Dollar Volume
Discount set forth below op hardware maintenance contracts accepted by DIGITAL
during the Term of this Agreement provided The State of Texas complies with this
Agreement.
"Aggregate Customer Services Dollar Value" for purposes of the Corporate Volume
Discount and Site Dollar Volume Discount is the total ,alue in U.S. dollars at
list prise of services purchased by and delivered to Eligible Purchasers on
orders subject to this DIR MASTER CONTRACT.
Aggregate Qne Year Customer Services Dollar Value
Discount Level
(In Thousands)
Discount Percentage
1
0
but less than
120
0
2
120
but less t Ah an
lE^
2
3
180
but less than
240
3
4
240
but less than
300
4
5
300
but less than
360
S
6
360
but lass titan
480
6
7
480
but less than
660
7
8
660
and above
8
DIR MASTER CUtrrRACT Page 3
DIR. MASTER CONTRACT
ADDENDUM A
MULTI -YEAR DISCOUNT
Digital agrees to grant to The State of Te,_as a five pe._ent (51) Multi -yea.-
discount for the agreed upon initial cc•rt_'act term of three (3) *gears, subject
to the termination paragraph of 'Che Agreement.
PREPAYMEN'r DISCOUNT
DIGITAL agrees to grant to The State of Texas a five percent (5%) prepayment
discount or all discountable items of this contract provided. such maintenance
charges are annually prepaid. The prepayment discount will be applied after all
other discounts and allowances have been applied.
BUSINESS (COMPETITIV'd) ALL AKNCE FOP, DIGITAL ?dAiTJi FAC-rUREAM, EQUIPIAZ4
DIGITAL agrees to grant to The State of Texas a forty-three percent (43%)
business allowance for hardware -only tnai:tte-!aece services fr DIGITAL
manufacture:- equipment with the following exclusions:
VAX 9000 systems (all modols)
All systems based on DIGITAL's new ALPHA technology
Any current, future or other new technologies for which hardware services
cannot be considered competitive.
PRICING EXAMPLES A SSUKIENG A GROSS WiNVILY HARM -;: SERVICE CRAPGF.' OF $1000
Competitive
VA.X 9000 &
Hardware
ALPHA Systems
Gross
Monthly Service Charges
$1000.00
$1000.00
Less
4% Corporate Volume Discount
< 40.00>
< 40.00>
Less
8% Site Dollar Vol=.e Discount
< $80.00>
< $80.00>
Less
5% Multi Year .Discount
< $50.00>
< $50.00>
Less
43% Business Allowance
< $430.00>
< N/A >
Net Monthly Service Charges
$400.00
'W 30.00
x12
x12
x12
Annual.
Service Char;e
$4,800.00
$9190610.00
Less
5% Prepayment DiscoT.;rt
<_$240.00>
< a;98.00>
Gross
Annual Service Charges
$4,550.00
$9,4c2.00
DIR MASTER CONTRACT Page 4
ADDENCUM B
DECservice/BASIC Service Service Description
PRODUCT DESCRIPTION
DECservice and BASIC Service provide on -site hardware support.
Agreement
This Service Description, together with the Stale of Texas proposal for a State
wide Service Agreement constitute the entire Agreement ("Agreement_") between the
parties with respect to its subject matter.
TERM
This Agreement is effective for an Initial 'Term of three (3) years from the
ComtCmencEtcenc Date specified in the attacred State wide proposal. Thereafter, it
may be cancelled by either party upon thirty (3N days written notice.
PRICES
Prices for Services may be adjusted by DIGT_'IA), after the Initial Term upon
ninety (90) days written notice.
GEOGRAPHIC AVAILABILITY
This service is available in the United States. Additional travel charges may be
applicable in Alaska and Hawaii.
ELIGIBILITY
Equipment is eligible for this se -rice provided it is in good operating
condition and DIGITAL`s serviceability requirements and site environmental
conditions are :net. Any egr;ipment repairs and/or adjustments DIGITAL determanzs
are necessary in order to meet this eligibility will be mada at DIG?TAL's Per
Call rates, and Terms and Conditions then in effect.
DIGITAL RESPONSIBILITIES
BASIC Service
Remedial Maintenance
Remedial hardware ataintenance Will be cn-site during the standard
hours of coverage. DIGITA-L. will autematicallY ac!�ivate an accelerated back-up
plan to involve the necessary technical resour «s should some extraordinary
problem cause repairs to exceed predeterm-4 ned time ILrdts.
Preventive Maintenance
Scheduled preventive maintenance (.if applica!^ls) 1-- provided di1Ling the standard
hours of coverage in accordance with equivr.:er.t standards specified by DIGITAL.
DIR MASTER CONTRACT Page 5
DIR MASTER CONTRACT
ADDENDUM B
DECservicel3ASIC Service Scr-vice Description
Field Change Orders (FCOs)
DIGITAL will install all applicable cCOs, which in DIG11 AL's :oi.nic,n are
required to ensure proper machine operation,during the standard hc.urs of
coverage.
Labor and Materials
DIGITAL will provide all labor and !materials.
Parts
Replacement parrs may be new or refurbished. Replaced parts becc,rn_e the prcpe-t
of DIGITAL.
Service Representative
A designated service representative (if applicable) is assigned to each acccunt
to monitor the equipment's performance and service history.
Site Management Guide
A Site Management Guide (if applicable), containing schedules, procedures, and
logs used for recording and evaluating all information pertinent to the
operation and care of the equipment, is provided to Purchaser.
Predictive Tools/Remote Diaan-^si.s
DIGITAL may proaide predictive service tools, software, or materials on
applicable DIGITAL systems. DIGITAL grants rio title or license to such tools,
software, or materials and all tools, software, and mzterials used by DIGITAL in
the performance of service remain the property of DIGITAL•. DIGITAL may utilize
remote diagnosis on those sy3t2rns which feature remote diagnosis capability.
Response Time
DIGITAL. will respond to a call for remedial Hardware service, !^ads durzZg the
contracted hours of coverage, on a priority basis over per Call 1ervice
requests. TS-picai response time is next bu3iress day.
Standard Cov-�rage
On -site .^.ard4are covet -age is 9:OC a.m, to 5:00 p.m., Xonday throuc;h Friday,
except locally observed GIGITMholidays.
Zone Charges
Equipment located beyond cne hundred 1100) miles from a designated D11,31T L
office is sub;ect zo Zcne Charge Uplifts as specified in the Price List.
DIR MASTER CONTRACT Page 6
DIR MASTER CONTRACT
ADDENDUM B
DECservice/BASIC Service Service Description
DECservice
In addition to the 3er^iC S in BASIC service shwn above, the folicwi g
additional ser':ioes will be Ferforrned:
Remedial Maintenance
Remedial Maintenance will be performed continue usly until the problem is
resolved.
Preventive Maintenance
Preventive Maintenance started. within the contracted hours of coverage will
continue for up to three (3) hours after the contracted hours of coverage.
Field Charge Orders (FCOs)
FCO installation started within the Contracted hours cf coveraos will continue
for up to three (3) hours after the contracted h,--urs of coverage.
Response Time
DIGITAL will resrond to a call for remedial hardware service as fellows:
Road Miles from
Designated
DIGITAL Office
Response Time
Systems designated
in the Price List All others
0-50 2 hr 4 hr
51-100 4 hr 4 hr
101-200 8 hr 8 hr
201 and beyond 16 hr 16 hr.
Optional Coverage
DECservice is available up to 24 hours per day, 7 days per week, incl•�dirg
holidays.
PURCEASER PTESPO`+SIB_LITTES
Purchaser will:
Notify UiGIrAL .;=ediatel.: of equipment malfunct i.n.
Run any applicable Purchaser-runnnhle diagnostics Frio to nucifyina DIGIT[, of
an equipment malfunction.
DIR MASTER. CONTRACT Page 7
DIR MASTER CONTRACT
ADDENDUM B
DE%serviCe/BASIC, Service Service Deac,ripticn
PDRCUSER RESPONSIBILITIES (c;jntinued)
Allow DIGITAIJ personnel full and uriConditlonal ac ce33 to all equipment and
software. If securzty restrictions apply to any or all Purchaser systems to be
supported by the Agre_mert, the Purchaser may be required to assume additional
responsibilities for maintaining the egLirment and/cr softwars.
Notify DIGITAL of any potential safety or health hazards that may exist at the
site, as well as provide and/or recorrame nd safety procedures to be followed while
at the site.
Provide at no charge to DIGITAL a reasonably secure work space and storage
facilities, supplies and scratch media (including spars, tapes and disk packs) as
requited, and full and unrestricted access to all corminications fac lilies.
Maintain a current backup ropy of the operating system and other applicable
software programs and data.
Have a Purchaser authorized employee present during service.
Maintain site conditions within the cc --Lion en!ri ro :irrental range of all system
devices (anal media) as specified by LICITAL.
Provide and bear ;.he cost of DIGITAL -specified modems and/or data sets, when
required for systems having rer'cte dia nosis service. These devir:Qs will be
connected to a dedicated direct-distan^-�-dialing (voice-grad2) telephone line,
provided and paid for by the Purchaser.
DECompatible Service
For the servicing of equipment nit mar u`actured or supplied b,y DIGITA?;, the
following applies:
Purchaser may be required, to furnish at, no charge to DIGITAL:
(a) such diagnostic aid3 and test programs as nay be developed or used by the
original manufacturer or supplier of the equipment in testing to verify that
the equipment. operates proper'y; and
(b) diagno?tic and dccu:neritation updates that Purchaser rec-fives fcr the
equipment.
All such items furnished by PUrChaSer shall remain the prc•perty cf Purchaser.
Any Purchaser furnished items in the possessiCE cf DIGITAL at the term.i.naticn of
this Agreement will be returneuj to Purchaser in an "AS IS" condition.
DIR MASTER CONTRACT Page 8
DIR MASTER CONTRACT
ADDENDUM B
DECserviceiBASIC Service Service Deecripti.cn
Frhancerien_s ra_cGm.2nded t� the Furehasez by the ma^ufaotuz2r, to improve
reliability, maintainability and;cr safety cf equipment, that are sup:clied to
the Purchaser by the manufactu-rer at. no cost to DLL; TA,►., shall be installed by
DIGITAL as part of the service Agreement when the affected options are part of
the DIGITAL service Agreement.
DIGITAL's installation or servicing of equip„Ant not supplied by HGITAI nei-t her
implies nor warrants the equipment's cumpatibili.ty with DIGITAL supplied
equipment, or compliance with FCC reg-olations.
DIGITAL's installation or servicing of such equipment neither con3titutes an
endorsement of the equipment, nor a grant of any license under any of DIGITAL's
patents, copyrights, trade:u?rkg, or trade secrets.
Purchaser acknowledges that DIGITAL reserves the right to assigr.()� subcontract
to third parties certain services set forth in this Se-rvice Cescription. If
this assignment pr•avision ?4 ins:nsistert with any other term of this Agreement,
this provision will prevail.
EXCLUSIONS
The following ;Laintenance services are not included under this Agreement:
Service outside of the contracted hours of coserage.
Services which in D1113"ITAL's opinion are Lequired due to improper treatment or
use of the equipment.
Services reTjired due to unauthorized attempts by other than DIGITAL personnel
to repair, maintain or ncd_fy the eq'uirment.
Services required due to causes external to the DIGITAL -maintained equipment.
Reconfiguration of equipment.
Individual hardware products that cannot, in DIGITAL's opinion, to properly
repaired due to excessive wear or dt?teriaration. That se products nay be
withdrawn from service up_-:n ai,%et (90) da%� prior written notice, which notice
shall not be issued prior to the end cf the first year of service.
TF.Rt+IINATION
If either party fails to perfDrm..its obligations uncle= this or any other
Agreement between the rdrties and scch faillu''e continues for a pr?riod cf thirty
(30) days after writ_en noci_e, the ether party Shall have the right to
terminate this agreement.
DIR MASTER CONTRACT
Page 9
DIR MASTER CONTRACT
ADDENDUM B
DECservice/BMIC Service Seit'vice Description
1IMTATION OF LIABILITY
iIvTTA . WILL NOT BE LIABLE FOR : n;LXAG S P.ES�i1 `11IG FROM LvS- OF PAiA, PROFITS, USE
0F PRODUCTS C'R FOR ICI. ZDS:IiAi. R +_: NS-S,:iEtiTiAL i;:•lAGE.S, EJ£4I ZP ArVISED 067 THE
POSSIBILIT'. OF SUCH DLk!AGZ^). This limitation of rT;ITAL's liability will apply
regardless of the forr. of action, whether in Contract or tort including
negligence. Any action aaairst DIGITAL must .be brou-ht within the time period
governed cy the laws of the State of Texas. Limitations of liahilities are
granted only to the extent allowed by the 'Laws and Constitution of this State of
Texas. DIGITAL shall not be liable for any delay in performance due to causes
beyond the reasonable control of DIGITAL.
DIR MASTER CONTRACT Page 10
DIR MASTER CONTRACT
ADDENDUM C
Carry -In Contract Service Service Description
PRODUCT DESCRIPTION
Carry --In. Contract Service is a comprahensive off -site maintenance ser7ice
product designed for Purchasers who want a low-cost alterative to of: -site
service and who chew. to deliver ar.zi plr_R up tlheir equipment at a DIGITAL
SERVICenter. This service is available on both Digital and nein-Digital
equipment.
Agreement
This Service Description, together with the State of Texas propose: for a State
Aide Servit.e Agresmentcoi-stitiite the entire Agreement ("Agreement") between the
parties with respect to its subjetct matter.
TERM
This Agreement is effective for an Initial Tern of th-ree (3) years fret^. the
CornmenZeMent Date specified in the Utt'-tche•d State wide proposal. Thereafter, it
may be cancelled by either party upon thirty (30) days written notice.
PRICES
Prices for Services may be adjusted by DIvI?'AL after the Initial Terra upon
ninety (90) dais Written notice.
GEOGP,,APBIC AV.ILFLAPILITY
This -service is available in the United States wh__,e7er DIViTU Si�"'ICentars are
located.
ELIGIBILITY
Equipment is eligible for this Service provided -t is in good operating
condition and DIGTTAL's serviceability regviremen is and site environmental
conditions are met. any eq,irmer_t: repairs and/or adjustments DIGITAL deterrines
are necessary in order to meet this eligibilit;,; will be trade at DICITAL's
Per -Call rates, and Terms and Conditions then in effect.
DIGITAL RESNNI SIBILITrgS
Labor and Materials
DIGITAL will provide all labor and rr,ate-rials.
Parts
Replacement parts may be pew or returtdsred
of DIGITAL.
Replaced parts ieco a the property
DIR MASTER CONTRACT Page 11
01
DIR MIASTER CONTRACT
ADDENDUM C
Carry -In Contract Service Service Description
Field Chanqe Orders (FCOs)
DIGITAL Will install all applicable F'COs, which in C-TG1TU's opinion are
required tc ensure proper machine cperaticn, during the standard hours of
coverage.
Response Time
Repair time is two (2) working days, after receipt of equipment.
Standard Coverage
This Service is available 8:00 a.m. to 5:00 p.in., Mcnday through ?riday, except
locally observed DIGITAL holidays.
PrrRCHASLR RLSFC;:SISILI&� _
Purchaser Will:
Provide transportation of eq•_,ipment to and frc.'q a DIGITAL SERVICenter.
Run any applicable Purchaser-runna'le dia,r.nstics prior to bringing the
equipment into the SERIIICenter.
McWatible SERVICE
For -the servicing of equipment not manufacturer --r supplied by DIGITAL, the
following applies:
Purchaser may be requirad to farnish at no charge to DIGITAL:
(a) such diagnostic aids and test programs as may b? daveloped or us<,d by the
original manufacturer or supplier of the e uiprnent in testing to verify that
the equipment operates properly; and
(b) diagncst.ic and documentation updates that .ul—Cha3er receives for the
equipment.
All such ite::ia furrii-shed by Furchas, Lr shad rt3�lain the Property of Purchaser.
Any Purchaser furnis e; iEems in the p•,s3Hssicn cf DIGiiAI, at the termination of
this Agreement will be returned to Purchaser in an "A-q IS" condition.
Enhancements reco.-,mended to the P•i chaser by the manufacturer, to :approve
reliability, maintainabilitr anti/or safety of Qquip:aent, that are supplied to
thz Purchaser by tP2 manuf3etursz at no cost _o D13ITAL, small be installed by
DIGITAL as part of the service Pgreesent when U%s affected options are Fart of
the D:GIT,,L service AgreQmant .
.. DIR MASTER CONTRACT Page 12
DIR MASTER CONTRACT
ADDENDUM C
Carry -In Contract Service Sezv ca Da--cription
DIGITAL's instal lation or servicing of equipment .' t supplied b !ei"ler
imnl es nor warrants the equipment's compatihi1ity with DIGITnL supplied
equipment, cr compliance Frith F^C requlati_ns.
DICITAL's installation or servicing of such e;uipment neither consritute3 an
endorsement of the equipment, nor a grant of any license under any of DIGI AL's
Patents, copyrights, trademarks, or trade secrets.
Purchaser acknowledges treat DIvI:aL reserves the right to assign o_ sutcont_ra n
to third parties certain services set forth in this Service Description. If
this as3ignment provision is inconsi3tent with any other terms of this
Agreentnt, this provision will prevail.
EXCLUSIONS
The following maintenance services are not included under this Agreement:
Service outside of the contracted hou--s of cv.•erage.
Services which in UIG.TA-Tv's opinion are requited d+.e tc improper treatment or
use of the equipment.
Services required due to unauthorized attempts by other than DIGITAL personnel
to repair, maintain or modify the equipment.
Services required due to causes esternal to tf1e t`IGiTAL-raintained equipment.
Reconfiguration of equipment.
Individual hardware products that cannat, in DICITAL's opinion, be properly
repaired due to excessive wear or deterioration. These products may be
withdrawn from service upon ninety (90) days prior •7:itten notice, which notice
shall net be issued prior to the end of the first year of service.
TERMNATIOH
If either party fails to perfoin, its obligations-_,nder this cr any other
Agreement between the parties any such failu;te ccntinuss for a period of thirty
(30) days after written nc}ice, the other party sh311 have the right to
terminate this Agreement.
DIR MASTER CONTRACT Page 13
r
61 DIR MASTER CONTRACT
ADDENDUM C
Casty —In Contraut Service Service De3cilp-tion
:.P.dITATIQN OF I,IAB7LITY
DIGITAL WILL NOT BE T IAST r
a� F-R DA=,'zrS RESULTING s`r-1 LOSS n, n�Ta, FkDFT- S, ._ ttC
CF PRODUCTS 0? FOR. IN IZENTl 7 N:S":r a7 J,'ilmAvE EV7 T' Ai,°VT J C L C R i ti 5NTI__- S; �. .1.SF:D OF _ iE
POSSIBILITY OF SUCH DAMAGES. This ;imitation of DIGiTA-'s liability will aptly
regardless of the form of acLzor,, whether in contract or tort i n y
o csu�ain
negligence. Any action against DIGYTAL :.gust be brought within the time period
governed by the laws of the State of Texas. Lirritazipns of liabilities are
granted only to the extent allowed by the 'Laws and Constitution of the State of
Texas. DIGITAL ,hail not be liable for any delay in perforC.ance due to causes
beyond the reasonable control of DIGITAL.
DIR MASTER CONTRACT Faqe 14