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HomeMy WebLinkAboutResolution - 083 - Contract - OMB - Opticqal Recognition Equipment Mantenance - 02_22_1979LGB : hw err . 4ry RF'C(1T.TTTTnW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: RESO -- 8-3 '2722` ,79 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 maintenance contract with Optical Business Machines, Inc. for maintenance of Optical Recognition Equipment (Bid #5103), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of Februar IRK WEST, MA OR :ATTEST: - Evelyn Gaf a, C ty Sec et ry reasurer IAPPROVEDIAS TO CONTENT: Bob Green Director of M.I.S. APPROVED AS TO FORM: Leon G. Bean, Asst. City Attorney ,1979. A 4� AGREEMENT FOR MAINTENANCE SERVICE between OPTICAL BUSINESS MACHINES (OBM) and CITY OF LUBBOCK ("CUSTOMER") 916 Texas Avenue, Lubbock, Texas 79457 OPTICAL BUSINESS MACHINES, INC., a Delaware corporation (hereinafter referred to as the Com- pany), hereby agrees to maintain only the equipment listed below and Customer agrees to pay the Com- pany for such service, all upon the terms and provisions hereinafter set forth. 1. EQUIPMENT AND LOCATION: The equipment and the address where the equipment will be or is located and maintained is: Equipment (1) ONE LASER OCR —ONE Scanner 9 Track 800 bpi with Numeric Handprint and E13B recognition (1) ONE FDC Binary Printer 2. CONTRACT COVERAGE: The Company agrees to maintain the equipment as listed above, in a normal operating condition. Any equipment that has been in use or which might have suffered damage due to disuse must at the Custo- mer's expense be inspected and repaired, if necessary, to meet Com- pany standards before it will be accepted on contract at the Company's established service rates. 3. CHARGE FOR SERVICES: The Customer agrees to pay to the Company $ 5 5 0 . 0 0 per month, in advance, for the maintenance of above equipment. Maintenance charges for fractions of months shall be pro rata. This rate is predicated on: a. A maximum usage of 8 hours per day 40 hours per week, and b. For service rendered during normal working hours which is de- fined herein as between the hours of 8 a.m. and 5 p.m., Monday through Friday, excluding holidays observed bythe Company. The Company reserves the right to install a timing device to determine the equipment's usage. For equipment usage in excess of that stated, rates will be linearly increased. Charges described in various para- graphs of this Agreement or other services not covered under the monthly rate of this Agreement will be billed at the Company's estab- lished service and travel rates and will be payable upon receipt of invoice. 4.OVERTIME CHARGE: An additional charge for maintenance services and travel rendered outside of normal working hours will be made to the Customer at the Location rates set forth in the established Company travel and maintenance price list in effect at the time the services are performed. A minimum charge of two hours will apply. Any maintenance service started during normal working hours and completed within one hour after such period shall be treated as hav- ing been performed within such period and no additional charges shall be made. 5. ZONE CHARGE: The monthly maintenance charges for services rendered during normal working hours are applicable to service on equipment installed with- in a twenty-five (25) mile radius of a Company Customer Service Center. An additional charge of 15% of the basic monthly maintenance charge will be charged for each twenty (20) mile zone beyond such twenty-five (25) mile radius. The distance from the nearest Company Customer Service Center to the location of the equipment to be maintained here- under is NAA_ miles. 6. PREVENTIVE MAINTENANCE: Following installation, the Company will perform periodic inspection and preventive maintenance calls during normal working hours. Pre- ventive maintenance and inspection are a right of the Company. The Customer will make available to the Company the equipment under cov- erage as stated in paragraph 1 for preventive maintenance and inspec- tion calls. 7. EMERGENCY SERVICE: Emergency service may be obtained by calling telephone number (ROD) �—i2 7— 64 99 - at no additional charge during normal working hours. The Company will furnish after-hours service at es- tablished premium rates. 8. EQUIPMENT INSTALLATION AND RELOCATION: The Customer, at its own expense, agrees to have the installation site prepared in accordance with the installation instructions of the Com- pany priorto the arrival of equipment and where necessary shall provide operator time during check out. The Company shall install and check out equipment. The Customer will, at its own expense, furnish labor for packing and un- packing the equipment and both labor and equipment needed for mov- ing the equipment when the equipment is to be relocated on the Custo- mer's premises. The Customer must notify the Company in writing at least sixty (60) days prior to relocation of any equipment covered by this Agreement. The Company will install and check out the equipment at the rates set forth in the Company's maintenance price list in effect at the time the service is performed. Travel expenses will be paid by the Customer at the rates set forth in the Company's maintenance price list at the time of such relocation. 9. FREEDOM OF ACCESS: Company employees shall have reasonable and free access to all equip- ment during service hours without prior appointment. Any delays or re- turn calls required because of lack of free access will be billed on a time and expense basis in accordance with the Company's prevailing rates. 10. EQUIPMENT MAINTENANCE AND OVERHAUL: In connection with the Company's obligations hereunder, the Company reserves the right, at its option, to replace any part which fails to perform its function under normal use in accordance with the specifications therefor, rather than to repair same, and the Company reserves the further right to substitute, at its option, new and improved parts which are capable of performing a function similar to that of the replaced part. Equipment overhaul will be predicated on usage, environmental condi- tions, and manufacturer's recommendation. Overhaul will be per- formed at the option of the Company, with Customer's approval, at the Company's established rates, parts supplied at cost plus 25%. Should the Customer elect not to have this work performed, contract coverage will cease on that specific piece of equipment and service will be available only on a time and material basis at the Company's prevail- ing rates. 11. CONDITIONS: Any service or repair work occasioned by the failure of Customer to ob- serve any of the conditions set forth in this Agreement, or by flood, fire, Act of God, or other similar event of catastrophe, or by tampering, mis- use or abuse of the equipment, or by servicing of the equipment by any- one other than authorized maintenance personnel of the Company, shall be rendered by the Company at the rates set forth in the Com- pany's maintenance price list in effect at the time the services are per- formed. Any parts replacements so occasioned shall be provided at Customer's expense. 12. TAXES To the monthly charges stated there shall be added amounts equal to any taxes, however designated, levied or based on such Charges or on this Agreement oron the equipment or its use, including State and Local privilege or excise taxes on gross revenue, and any taxes or amounts in lieu thereof, paid or payable by the Company in respect of the foregoing, exclusive, however, of taxes based on net income. 13. TERM OF AGREEMENT: upon equipment acceptance This agreement shall become effective on and shall remain in effect until cancelled or terminated as provided herein. This agreement may be cancelled by the Customer upon written notice to the Company not later than N/A months prior to the installa- tion date upon payment of reasonable cancellation charges including, among other things, expenses incurred and commitments made by the Company up to the date of cancellation. At the expiration of one year from the date of the commencement of payments hereunder, or at the end of any calendar month thereafter, Customer may terminate this agreement in full or as to any part of the equipment without incurring any liability to the Company except as otherwise provided in this agree- ment, upon written notice given to the Company at least ninety (90) days prior to the date of termination. 14. CHANGE IN MONTHLY CHARGES: Effective at any time after the expiration of one year from commence- ment of monthly charges hereunder, the Company may change the monthly charges provided for herein by giving ninety (90) days prior written notice thereof to Customer. Customer may, upon receipt of such notice, terminate this agreement in full or with respect to any af- fected equipment by giving the Company written notice thirty (30) days in advance of the effective date of the change. In the absence of such no- tice to the Company, the new charges will become effective on the date specified by the Company. 15. FORCE MAJEURE: The Company shall not be liable for delays or failure to perform with re- spect to this agreement due to (i) causes beyond its reasonable control, (ii) acts of God, epidemics, war, riots, delays in transportation or car shortages or (III) inability for causes beyond its control to obtain neces- sary labor, extended for a period equal to the time lost by reason of the delay. 16. LIMITATION OF LIABILITY: In no event shall the Company be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the equipment or service, downtime costs or claims of customers of the Customer for such damages. The Company's Ilibility on any oth- er claim for loss or liability, including negligence, arising out of or con- nected with this agreement or the use of any equipment covered by this agreement (including but not limited to, loss or liability arising from breach of contract) shall in no case exceed one (1) year's total service charges hereunder. 17. DEFAULT: If either party shall be in default with respect to any of its covenants un- der this Agreement and such default continues for thirty (30) days after written notice thereof by the other party, this Agreement may be termi- nated by such other party at the end of said thirty day period without fur- ther notice. Such termination shall be in addition to all other remedies arising from such default. The Companyshall have the right to terminate this agreement as to any item of equipment if, without its consent, such item is moved from its present location or if repairs are attempted there- on by anyone other than the Company's authorized personnel or if such equipment is sold by Customer. 18. GENERAL: This instrument and any amendments hereto, is intended to be the sole and complete statement of the obligations of the parties as to the ser- vices to be rendered, and supersedes all previous understandings, ne- gotiations, and proposals with respect to such equipment. No waiver, alteration, or modification of any provision hereof shall be binding un- less in writing and signed by duly authorized representatives of the par- ties. The provisions of this Agreement are for the benefit of the parties hereto and not for the benefit of any other person. T'is agreement shall be governed by the laws of the Sate of Florida and constitutes the entire agreement between the Customer and the Company with respect to the servicing of the equipment listed herein. IN WITNESS WHEREOF, the parties have executed this Agreement, consisting of paragraphs through 18, this 22nd day of February , 1g 79 OPTICAL BUSINESS MACHINES, INC. ATTEST: By CUSTOMER: CITY OF LUBBOCK ATTEST: Evelyn Gaffga, City Secre ary-Treasurer ADDENDUM Not withstanding, any provisions of this contract, in the event that there is a discrepancy between the City of Lubbock RFP Number 5103, and the response from Optical Business Machines, the City of Lubbock RFP Number 5103 shall be controlling and OBM hereby agrees to comply to those terms and specifications. Approved at to form: �"'`'�• City Attorney, OPTICAL BUSINESS MACHINES, INC. ►- I-► - -71 CUSTOMER: CITY OF LUBBOCK By: Approved as to contents: Director Of MIS