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HomeMy WebLinkAboutResolution - 750B - Agreement - HDC Inc - Maintenance Service - 03/12/1981�# DGV: cl vvcnT WrTnu RESOLUTION #750t6- 3/12/81 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 an Agreement for maintenance service between Harris Data Communications, Inc. .and the City of Lubbock, attached herewith which shall be spread upon the minutes of the Counc 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 12th day of March, ,1981. i BILL HcALISTER, MAYOR ATTEST:-. ,Evelyn Gaf ga, City Mo r4ey-Treasurer .APPROVED AS TO CONTENT: 6Lo �- cu� Robert Green, 0 irector of Data Processing APPROVED AS TO FORM: i Donald G. Vandiver, Asst. City Attorney RESOLUTION #75f 7 ��V COMMVNICATIoN AND M0PWA^M N 1'110QNW0 HARRIS CORPORATION Harris Data Communications, Inc. — 3/12/81 AGREEMENT FOR MAINTENANCE SERVICE between HARRIS DATA COMMUNICATIONS, INC. and CUSTOMER NAME. City of Lubbock BILLING ADDRESS: P. 0. Box 2000 CITY: Lubbock STATE: Texas ZIP: 79457 AUTHORIZED CUSTOMER REP: BobGreen —PHONE: 806/762-6411 Hams Data Communications, Inc., hereaftercalled HDCI, agrees to maintain the machines and features (called machine or machines), listed below at the following location in accordance with the terms of this Agreement and any attached addendum containing additional provisions which shall be signed by a duly authorized representa- tive of both the Customer and HDCI. Tax Exemption Certificate:. 1-75-6000590-6 SERVICE COMMENCEMENT DATE: STREET ADDRESS: .916 Texas CITY: Lubbock STATE: Texas COUNTY: Lubbock Service Location r„},'hne.k Principal Period of Maintenance 9 A.M. to 6 P.M, MODEL OR FEATURE NO. DESCRIPTION SERIAL NO. MONTHLY MAINTENANCE CHARGE 8760-024-400 8760 Controller 33 0880-001-000 Display, Quantity= 3 39 0881-026-000 Keyboard, Quantity = 3 18 3165-001-000 Printer 120 CPS 49 0370-001-000 Printer Adapter 9 3140-002-000 Printer Stand N/C TOTAL 148 JUN 75 F1044 33IAMS WaHZO •ooteras onut;uoastp o; s;mala IjQH 3l aotPou ual;um s,ramolsno aq} ut pains Avp alp jo pua alp lie alEunural negs sas1eg3 oouEua;uTEw •sautgasur 30 ;uauranour 0111 ,10 I3QH o; oaigou ua;llim loud sAEp �t {seal ;E ants nE11s ratio;sna 011E 'S (o£) '4.zTg4 zI�>�xd�xer�@cS3KIfl�q�� mit§t��xR�}R�@iI�iIII;i�i�R�€td� 'd SgNIH3VW 301M3HaA0W •rauro; -sna atp of pasiEga aq Ipm SuTspol put: s1row `IaAEii ne ro3 I3QH Aq. parrnouT sasuadxa puE saSrugo Ien1oE `l11Sturano utetua.t of partnbar st raauTsuo amuuualuteur oq; 3l ro/puu apgotuolnE uegl raq;o sueaut Aq sT loner; 3l ro polsonb -al sl 03LUOS puE 10AE11 gons atutl agl 1e 1oa332 uT otup Inner; lauuosrad amueualumw plotU ro3 sasiEga Alrnoq put aSEalttu ro3 IEnuBW ootid I10tmraum103 luarrn3 s,13QH glim aoueprom310 uT urnlar put arn;r10dop 3o slutod Iunla10 tuor3 rautolsna all o; atquipq aq Ipm aoueuoluteut 3o poTrad India -utrd oql 3o optslno sasuadxa IoAEr; aaueuolutew •g not;enol a3was all uror3 sapui (0s) Avu fewut a141 Sutpoaoxo aouristp oq; ioj palsanbar sT ooTAras put Inner; gons atutl oql It loajja ut ourTI IaAEi; Iauuosiod aoueual -umw plow ro3 solirgo Alrnoq put: o2uoput ro3 IEnuBW amid letarautuuoo luarrnm s,I3GH gjyA aoueproo310 uT rautolsnD aq1 of poSrEgo aq Ipm ;utod aotMos utor3 sallm (0s) A1.iu puoAaq polfulsut luautdtnbo ro3 sasuadxa taeurl •d - sisvq TEnuue upgU %OT Qp e xa 40u TTst;s sbbutsqu gong -rawolsna agl of oopou uollum roijd sAp (06) Alautu uo ial310ar3gl a7ut1 AuE In ro sgluour (ZI) anlaml 3o pua ag1 lu IDQH Aq aSuEga of 13afgns an luautaarSd stgl uT pagtoads solirgo oql •H •aaAoldtuo auo uEgl crow sOnnbar ApumtsAild aoueualuTet u otp uogm soouE;sut asogl UT ldom )from nedar otp Smop an sooAolduuo Aueut moq 3o ssolprusai aoAC jdtuo auo ,iq sooLuos 3o sts10q atp uo palnd -woo aq Illm 00!Aras aouEualtuTeW • yams gons roj of mgo tuntuttn7u rnoq (Z) om; u aq Mm aragl -over Ueo-rad ;uarrno alp 110 a3uuualuTE7u lutpatuar agl alaldtuoo of 31rom anuT uoo `uotlEztrotpn10 raurolsn3 a;Eudorddr uodn `ptm I�QH `rnog W= lEuoil1PpE snp Stnrnp palaldwoo lou sT (pound Allpq -EpuAE 3311410s a3uuualututu alp suunp ro3 papeo ro unSoq) amuuualuptu Te!patual gons 3I pouad AI!ITEpuAt om muol -ututu paloolos ag13o srnol (L) uanas ;sn3 oq1 SuTrnp `pooeld sem ;sanbar u gmtgm. io3 ro `u10Saq raglta uoTgm amuuu -aluTrju IETpatuar ro3 osr10gm IEuo1ltppu ou It, pouad �iPtpq -upunu aamias oouuuolumuT agl jo pua otp In pomopu aq Ipm g�l Ieuoutm a l df1 •baja uT uaul alur Una -.Tod olgbo -Tlddu agl 110 patlsturn3 aq pugs `ot ul IaA10rl Arussamou Iunloe Outpnloul `ootnros atp 1Ajjjtqup10AE 031nras amuuualuuEut 3o spotrad pa;malas atp aptslno sT g3Tgm auttl 10 110 paturo3rad aq o; ooTA.tas aouuualutetu slsonboi rawolsno ail 3I '9 luouldtnbo ;sat put, stied meds 3o ilmdoo lajes put "a%ergls 103 satyr-- Bj a;Enbope optnoid Uim iauio;sno oill •Q, 'I:)QH3o �C;iodoid 0111 outooaq TFgs stied poorTdoi pue stseq oSuEgaxe uu uo pogsturn3 oq Ipm stied •sitEdai Su430go to pasn aq Ipm sired piepuE;s mou oP luopA!nbo ro moN •0 •paavias sulog sattttlat to alp ;o aaueua;utEui otp ro3 AnssOmou ;uotudtnb0 ;sat put `stool `sInd `roqul opnlaut pEtls oaTmos amusua;ujuN g •„aoTmos o3usua;utey�l teuo.IdO„ 3o O gdErserEd tlplm 03uepromoE ut o2ngo illm I3QH `fit .grImAe o3teras ooueualutEut;o pound pa;3alos atg 3o aptslno poturo;rad st aausuoluTetu lETpotttar ;j •uot;E3Unou gons oAtamar 01 iaautsug pja13 sll rot s;uaurasurin Ur QVW put loElu03 ;o slutod pa;EuSTsap tgtm r0utolstq otp optnoid W& IMH -alts s,iotuo;sna otp In IEA!1n magi uodn aousu -alutEtu Motu= faessanu tutu;rad o; luotudmbe atp o; ssaoaE olETpatuurt uantS aq IIEgs lauuosrad 031eras I3UH •oAt;siodoun si luatudmba Imp iatuolsno alp Aq uotlEout;ou ra;3e paouatutuoa aq Ipm aaurualutEtu JEtpauta-d jetpatuoH 'Z, •„suotsnloxg„ papguo gdErSund aip ut glro3 las SUot114 -twit{ atp of loofgns `13GH Aq pautuualop se s;red olgE -amtnrasun 30 luatuamEldar put, luatulsnfpE 'uograugnj 4 AJESS23au uagM puE not;oodsul apnlaut Ipm ootmu -alutuur antluanard •luatuaars10 lenlnut Aq pasuE113 011 uea alnpogos oourualuteur om uanard sTgl •alnpagos amueualuTEut anTjumoid of paarseard E uo jouuos -rad ooteras ILII 01 algEpeAE ;uatudtnba atp aVtu pegs ratuo;sn3 all 'I3UH Aq pouTturalop sE outtp -eur oxg 3o speou autaods atp uodn poseq outgaEur 743100 ro3 amu10uaIUMttt 0ATluaeard jo Aouanb2r3 otp A3loods pEgs I3QH - 03uuua;uTEW aetluanard .1 :sopnlout a3tnras sTLiLuoTItpuo3 Sutlurado pooS ut sougpvtu alp dawl of rautolsnD alp Aq poloalas spotrad atp Suunp A1Tltgep10A10 oaperas ooueualumuT optAord 1pm I�QH d EIJIA113S H3NdNUMNW •ratuolsna agl Aq auroq aq o1 are uoTllpuo3 SuTlerado radord UT J! oorld of AJVSS03au slsom atp `uoTlTpuom Sit;erado pooS ut lou ST luatudmbo ag13I 'I3QH Aq uoT;oodsut of loofgns aq llE7ls 11 `uotltpuoo stn;urado pool UT st luatudmbo alp ;10tp auTutralap o; rapro uI uo1ltpuo3 sutIErado pooS uT oq 1Fgs luaut0012V STIP spun poorld sutaq luautdtnbg •g (0£) A-4.1- '4 MAMP11ltm jo a;up, gsnorgl alg10A10d aq pTm auttloe Ions ro3 saSrulm pe 1nq `oollou ualltim iotId sAnp Ions Aq ouni Aur le luatu -aasSd stip utor3 ;tun-qns io luauodutoo Aue murpgltm Arw rawolsnD agl -Alred ratpo atp of uoATS uoaq suI uoTlrurm -101 JO 30TPou uaPltrm roTrd Shp (0£) AjjigP popteord `aired ratp!o Aq `ruaA ;sri3 atp ,to pua alp 1013u ro In pairunuraP aq deux 11 'a3tlou ua;lirm rood sAup (06) AlauTu uodn -Almd raglLa Aq n oA Psri3 oqj 3o pua alp of loud palButuual .aq Arw PuatuagAv Dill • 1 aSud uo umogs Opp luautamuounuoo ooimos DIP utor3 noX auo lsual 110 ro3 `popTAord utaraq astm -silo sr ldaaxo `amroj UT uTEtuar IIEIS luaM0912V S!ql -y SNOI.LIQN03 Gmv SWE91 aad an adequate working area for the use of HDCI's Field ,Engineers within a reasonable distance of the ec,►ent to be serAced. The Customer shall make available_.., HDCI, at no . charge, the use of any machines, attachments or features, which are not under maintenance agreement but which are necessary for the proper maintenance of machines under this Agreement. E. The Customer shall not expose HDCI personnel to any unsafe working conditions. BASIC MONTHLY MAINTENANCE CHARGE The Basic Monthly Maintenance Charge , is a minimum monthly charge which shall entitle the Customer to week- day (Monday through Friday) maintenance service availabil- ity during any period of nine (9) consecutive hours between the hours of 7:00 A.M. and 6:00 P.M. daily as selected by the Customer, exclusive of holidays observed by the Customer. OPTIONAL MAINTENANCE SERVICE A. The Customer may select, in lieu of basic coverage, one of the following optional weekday periods of mainte- nance service availability for an additional charge: 1. Nine (9) consecutive hours Monday through Friday (until 8:00 A.M. on Saturday), any part of which is outside of the hours of 7:00 A.M. to 6:00 P.M.: or 2. Sixteen (16) or twenty-four (24) consecutive hours, daily Monday through Friday (until 8:00 A.M. on Saturday). B. In addition to the weekday period of maintenance service availability selected by the Customer, he may also select one of the following optional periods of maintenance service availability on all Saturdays and/or Sundays (until .8:00 A.M. on the following day), for an additional charge: nine (9), sixteen (16), or .twenty-four (24) consecutive hours. C. The hours of maintenance service availability for the machine on Monday through Friday shall be the same each day and the hours on Saturday or Sunday shall be the same hours on all Saturdays or Sundays. D. The charge for these optional periods of maintenance service availability is based on the basic monthly mainte- nance charge plus a percentage of that charge. The percent- age depends on the optional period selected by the Cus- tomer. These • percentages and rates are set forth in Attachment A, which is a part of this Agreement. E. All machines comprising a single system shall have the same periods of maintenance service availability. For this purpose, a single system is defined as a combination of machines containing .only one central processing unit and interconnected by -power on single cables. F. The Customer may change the selected maintenance service availability period at the beginning of any calendar month by giving HDCI thirty (30) days prior written notice. When the Customer requests se outside the scope of this Agreement, it will be furn l at HDCI's applicable time and material rates and terms then in effect. ACCESS TO MACHINES HDCI shall have full and free access to the machines to provide service thereon. If persons other than HDCI Repre- sentatives shall perform maintenance, or repair a machine; and, as a result, further repair by. HDCI is required to re- store the machine to good operating condition, such repairs will be made at HDCI's applicable time and material rates and terms then in effect. INVOICES, PAYMENTS AND TAXES A. Invoices for regular maintenance monthly charges shall be submitted by HDCI monthly, in advance. All other charges shall be billed in the following month. B. Terms: Payment of all charges are due and payable to HDCI, in the city of Dallas, Dallas County, Texas in legal lawful money of the United States of America, thirty (30) days net from date of invoice. C. Charges for maintenance service availability of less than one calendar month's duration shall be prorated on the basis of a thirty (30) day month. D. The maintenance price excludes all State and Local taxes levied on or measured by the Agreement or sales price of the services or completed supplies furnished under this Agreement. Taxes excluded from the Agreement price pur- suant to the preceding sentence or imposed on HDCI by reason of this Agreement shall be separately stated on HDCI's invoices and the Customer agrees either to pay to HDCI amounts covering such taxes or to provide evidence necessary to sustain an exemption therefrom. MACHINE CHANGES Changes in machine specifications, attachments or features may result in an adjustment of the specified basic monthly maintenance charge. EXCLUSIONS A. Maintenance service under this Agreement shall not include electrical work or utility change external to the equipment, nor: 1. The furnishing of supplies or accessories; re- building, overhauling, painting or refinishing the equipment or furnishing material thereof; 2. Making the Customer sponsored specification changes; or adding or removing accessories, attach- ments or other devices; 3. Performing services connected with relocation of equipment, repair of damage resulting from acci- dent, transportation, neglect, misuse, failure of elec- trical power, air conditioning, or humidity control, causes other tjran ordinary use, or failure or malfunc- tion of attached, related, collateral or ancillary equip- ment not covered by this Agreement. 4. Service which would be impractical for HDCI's Field Engineers to render because of alterations in the equipment or its connection by mechanical or elec- trical means to another machine or device. B. Exceptions to the above may be mutually agreed to in writing by HDCI and the Customer. Such exceptions will be specifically defined under a duly executed addendum to this Agreement. C. HDCI is not responsible for machine failure or failure to render service or maintenance due to causes beyond con- trol of HDCI. HDCI WILL NOT IN ANY EVENT BE LIABLE TO THE CUSTOMER FOR SPECIAL, CONSE- QUENTIAL OR EXEMPLARY DAMAGES NOR SHALL THE LIABILITY OF HDCI FOR DAMAGES TO THE CUSTOMER EXCEED THE AMOUNT OF ONE MONTH- LY CHARGE APPLICABLE TO THE SERVICE ON THE MACHINE WHICH CAUSED ANY ALLEGED DAMAGE TO THE CUSTOMER. MISCELLANEOUS A. This Agreement shall be governed by applicable State and Federal regulations. It replaces any previous Mainte- nance Agreement for these machines. It constitutes the entire Agreement between the Customer and HDCI for the repair and maintenance of the machines. Its terms and con- ditions shall prevail should there be any variance with the terms and conditions of any order submitted by the Cus- tomer for the repair or maintenance of the machines. B. Neither this Agreement or any rights hereunder may be assigned by the Customer without prior written consent of HDCI. It may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of both HDCI and the Customer. C. The Customer shall notify HDCI, in writing, of any anticipated machine modification no later than thirty (30) days prior to incorporation of such modification. D. All arrangements for the procurement and installation of non-HDCI communications media (telephone, telegraph, etc.) necessary for the remote transmission of data or for, any purpose are the responsibility of the Customer. E. The Customer represents that he is the owner of the machine(s) subject to this Agreement or if not the owner, that he has authority to enter into this Agreement and that service performed by HDCI hereunder will not cause HDCI to become liable to any person, firm or corporation by reason of such performance, and in the event of allegation or assertion of such liability, the Customer will indemnify and save HDCI harmless of and from any such claim or any expense arising therefrom. F. In the.event, repeated.calls are made for the same or related malfunction within a shorttime, service will be provided with no time limits or additional charges to make the system operational. This does not.apply to individual terminals or printers that can be replaced under an emergency situation. G. HDCI shall provide a maintenance service center with a resident field engineer in the City of Lubbock. i CUSTOMER OF R15139CK, TEXAS, BY TITLE MAYOR DATE 3/12/81, ATTEST: /1 Evblyn Gaf!Fga, City S6/creff Treasurer APPROVED AS TO CONTENT: Robert Green, rector of Data Processing Appr asDq:. Assistant ciiy AMmeY ti RESOLUTION #750-6 — 3/12/81 'C COMMYNICATION AND ■V NO,M�RIOIv /wODEta/VO HARRIS CORPORATION Harris Data Communications. Inc. AGREEMENT FOR MAINTENANCE SERVICE between HARRIS DATA COMMUNICATIONS, INC. and. CUSTOMER NAME: City of Lubbock BILLING ADDRESS: P. O. Box 2000 CITY: Lubbock STATE: Texas Zip: 79457 AUTHORIZED CUSTOMER REP:_ Bob Green PHONE: 806/762-6411 Hams Data Communications, Inc., hereafter called HDCI, agrees to maintain the machines and features (called machine or machines), listed below at the following location in accordance with the terms of this Agreement and any attached addendum containing additional provisions which shall be signed by a duly authorized representa- tive of both the Customer and HDCL Tax Exemption Certificate:. 1-75-6000590-6 SERVICE COMMENCEMENT DATE: STREET ADDRESS: 916 Texas CITY: Lubbock STATE: Texas COUNTY: Lubbock Service Location Principal Period of Maintenance 9 A.M. to 6 PM. MODEL OR FEATURE NO. DESCRIPTION SERIAL NO. MONTHLY MAINTENANCE CHARGE 8760-024-400 8760 Controller 33 0880-001-000 Display, Quantity = 3 39 0881-026-000 Keyboard, Quantity = 3 18 3165-001-000 Printer 120 CPS 49 0370-001-000 Printer Adapter 9 3140-002-000 Printer Stand N/C TOTAL 148 HDCI CONTRACT to +w+ �' F1044 TERMS AND CONDITIONS A. This Agreement shall remain in force, except as other- wise herein provided, for at least one year from the service commencement date shown on Page 1. The Agreement may be terminated prior to the end of the first year by either party. upon ninety (90) days prior written notice. It may be terminated at or after the end of the first year, by either party, provided thirty (30) days prior written notice of ter- mination has been given to the other party. The Customer may withdraw any component or sub -unit from this Agree- ment at any time by sties x69A,� days prior written notice, but all charges for such Jachine will be payable through date of withdrawal. thirty (30) B. Equipment being placed under this Agreement shall be in good operating condition. In order to determine that the equipment is in good operating condition, it shall be subject to inspection by HDCI. If the equipment is not in good operating condition, the costs necessary to place it in proper operating condition are to be borne by the Customer. MAINTENANCE SERVICE A. HDCI will provide maintenance service availability during the periods selected by the Customer to keep the machines in good operating condition. This service includes: 1. Preventive Maintenance - HDCI shall specify the frequency of preventive maintenance for each machine based upon the specific needs of the ma- chine as determined by HDCI. The Customer shall make the equipment available to HDCI service per- sonnel on a preagreed to preventive maintenance schedule. This preventive maintenance schedule can be changed by mutual agreement. Preventive mainte- nance will include inspection and when necessary, lubrication, adjustment and replacement of unservice- able parts as determined by HDCI, subject to the limi- tations set forth in the Paragraph entitled "Exclusions". 2. Remedial Maintenance - Remedial maintenance will be commenced after notification by the Customer that equipment is inoperative. HDCI service personnel shall be given immediate access to the equipment to perform necessary remedial mainte- nance upon. their arrival at the Customer's site. HDCI will provide the Customer with designated points of contact and make all arrangements for its Field Engineer to receive such notification. If remedial maintenance is performed outside of the selected period of maintenance service availability, HDCI will charge in accordance with Paragraph G of "Optional Maintenance Service". B. Maintenance service shall include labor, parts, tools, and test equipment necessary for the maintenance of the machines being serviced. C. New or equivalent to new standard parts will be used in effecting repairs. Parts will be furnished on an exchange basis and replaced parts shall become the property of HDCI. G. If the Customer requests maintenance service to be performed at a time which is outside the selected periods of maintenance service availability, the service, including actual necessary travel time, shall be furnished at the appli- cable per -call rate then in effect. Up tcKo¢�a cTii'—ion'a1 Mh will be allowed at the end of the maintenance service availa- bility period at no additional charge for remedial mainte- nance which either began, or for which a request was placed, during the first seven (7) hours of the selected main- tenance availability period. If such remedial maintenance (begun or called for during the maintenance service availa- bility period) is not completed during this additional xmr<- hour, HDCI will, upon appropriate Customer authorization, continue work to complete the remedial maintenance at the current per -call rate. There will be a two (2) hour minimum charge for such service. Maintenance service will be com- puted on the basis of services by one employee regardless of how many employees are doing the repair work except in those instances when the maintenance physically requires more than one employee. H. The charges specified in this Agreement are subject to change by HDCI at the end of twelve (12) months or at any time thereafter on ninety. (90) days prior written notice to the Customer. Such changgs shall not exceed EXPENSE n annual basis. A. Travel expenses for equipment installed beyond fifty (50) miles from service point will be charged to the Customer in accordance with HDCI's current Commercial Price Manual for mileage and hourly charges for field main- tenance personnel travel time in effect at the time such travel and service is requested for the distance exceeding the initial fifty (50) miles from the service location. B. Maintenance travel expenses outside of the prin- cipal period of maintenance will be billable to the Customer from actual points of departure and return in accordance with HDCI's current Commercial Price Manual for mileage and hourly charges for field maintenance personnel travel time in effect at the time such travel and service is re- quested or if travel is by means other than automobile and/or if the maintenance engineer is required to remain overnight, actual charges and expenses incurred by HDCI for air travel, meals and lodging will be charged to the Cus- tomer. MOVEMENT OF MACHINES A.fP4s'c2S�iFid;fidI4ilifiryK xge�x�.macaol�x��xsdudci��sxA�oe� �d�ixte��x�a�reg�aksa�cee�dx�2i��� �Is�xrx9titi>�x�tl�a2ixX�t�gz�l�cetx�ac��c �ftsit�it��17Df�Ixg�dfxttecx�cprelrat��ie�c�ips� �fxxahipms�ins�lx�abcbinexte��i� �idxlajxx�8irstnmxxabcS�kave�xn�tari�Y xa�exxilrocCCxstxoll�aa�ear��ty:� thirty 30) B. The Customer shall give at least xi=tVAOW days prior written notice to HDCI of the movement of machines. Maintenance charges shall terminate at the end of the day stated in the Customer's written notice, if HDCI elects to discontinue service. and an adequate working arca for the use of lil)Cl's f=ield Engineers within a reasonable distance of the equipment to be serviced. The Customer shall make available to HDCI, at no charge, the use of any machines, attachments or features, which are not under maintenance agreement but which are necessary for the proper maintenance of machines under this Agreement. E. The Customer shall not expose HDCI personnel to any unsafe working conditions. BASIC MONTHLY MAINTENANCE CHARGE The Basic Monthly Maintenance Charge .is a minimum monthly charge which shall entitle the Customer to week- day (Monday through Friday) maintenance service availabil- ity during any period of nine (9) consecutive hours between the hours of 7:00 A.M. and 6:00 P.M. daily as selected by the Customer, exclusive of holidays observed by the Customer. OPTIONAL MAINTENANCE SERVICE A. The Customer may select, in lieu of basic coverage, one of the following optional weekday periods of mainte- nance service availability for an additional charge: 1. Nine (9) consecutive hours Monday through Friday (until 8:00 A.M. on Saturday), any part of which is outside of the hours of 7:00 A.M. to 6:00 P.M.: or 2. Sixteen (16) or twenty-four (24) consecutive hours, daily Monday through Friday (until 8:00 A.M. on Saturday). B. In addition to the weekday period of maintenance service availability selected by the Customer, he may also select one of the following optional periods of maintenance service availability on all Saturdays and/or Sundays (until 8:00 A.M. on the following day), for an additional charge: nine (9), sixteen (16), or . twenty-four (24) consecutive hours. C. The hours of maintenance service availability for the machine on Monday through Friday shall be the same each day and the hours on Saturday or Sunday shall be the same hours on all Saturdays or Sundays. D. The charge for these optional periods of maintenance service availability is based on the basic monthly mainte- nance charge plus a percentage of that charge. The percent- age depends on the optional period selected by the Cus- tomer. These percentages and rates are set forth in Attachment A, which is a part of this Agreement. E. All machines comprising a single system shall have the same periods of maintenance service availability. For this purpose, a single system is defined as a combination of machines containing only one central processing unit and interconnected by power on single cables. F. The Customer may change the selected maintenance service availability period at the beginning of any calendar month by giving HDCI thirty (30) days prior written notice. When the Customer requests service outside the scope of this Agreement, it will be furnished at HDCI's applicable time and material rates and terms then in effect. ACCESS TO MACHINES HDCI shall have full and free access to the machines to provide service thereon. If persons other than HDCI Repre- sentatives shall perform maintenance, or repair a machine; and, as a result, further repair by HDCI is required to re- store the machine to good operating condition, such repairs will be made at HDCI's applicable time and material rates and terms then in effect.. INVOICES, PAYMENTS AND TAXES A. Invoices for regular maintenance monthly charges shall be submitted by HDCI monthly, in advance. All other charges shall be billed in the following month. B. Terms: Payment of all charges are due and payable to HDCI, in the city of Dallas, Dallas County, Texas in legal lawful money of the United States of America, thirty (30) days net from date of invoice. C. Charges for maintenance service availability of less than one calendar month's duration shall be prorated on the basis of a thirty (30) day month. D. The maintenance price excludes all State and Local taxes levied on or measured by the Agreement or sales price of the services or completed supplies furnished under this Agreement. Taxes excluded from the Agreement price pur- suant to the preceding sentence or imposed on HDCI by reason of this Agreement shall be separately stated on HDCI's invoices and the Customer agrees either to pay to HDCI amounts covering such taxes or to provide evidence necessary to sustain an exemption therefrom. MACHINE CHANGES Changes in machine specifications, attachments or features may result in an adjustment of the specified basic monthly maintenance charge. EXCLUSIONS A. Maintenance service under this Agreement shall not include electrical work or utility change external to the equipment, nor: 1. The furnishing of supplies or accessories; re- building, overhauling, painting or refinishing the equipment or furaiishing material thereof; 2. Making the Customer sponsored specification changes; or adding or removing accessories, attach- ments or other devices; 3. Performing services connected with relocation of equipment, repair of damage resulting from acci- dent, transportation, neglect, misuse, failure of elec- trical power, air conditioning, or humidity control, causes other than ordinary use, or failure or malfunc- tion of attached, related, collateral or ancillary equip- ment not covered by this Agreement. 4. Service which would be impractical for HDCI's Field Engineers to render because of alterations in the equipment or its connection by mechanical or elec- trical means to another machine or device. B. Exceptions to the above may be mutually agreed to in writing by HDCI and the Customer. Such exceptions will be specifically defined under a duly executed addendum to this Agreement. C. HDCI is not responsible for machine failure or failure to render service or maintenance due to causes beyond con- trol of. HDCI. HDCI WILL NOT IN ANY EVENT BE LIABLE TO THE CUSTOMER FOR SPECIAL, CONSE- QUENTIAL OR EXEMPLARY DAMAGES NOR SHALL THE LIABILITY OF HDCI FOR DAMAGES TO THE CUSTOMER EXCEED THE AMOUNT OF ONE MONTH- LY CHARGE APPLICABLE TO THE SERVICE ON THE MACHINE WHICH CAUSED ANY ALLEGED DAMAGE TO THE CUSTOMER. MISCELLANEOUS A. This Agreement shall be governed by applicable State and Federal regulations. It replaces any previous Mainte- nance Agreement for these machines. It constitutes the entire Agreement between the Customer and HDCI for the repair and maintenance of the machines. Its terms and con. F. In the event, repeated calls are made a shorttime, service will be provided to make the system operational. This printers that can be replaced under an ditions shall prevail should there be any variance with the terms and conditions of any order submitted by the Cus- tomer for the repair or maintenance of the machines. B. Neither this Agreement or any rights hereunder may be assigned by the Customer without prior written consent of HDCI. It may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of both HDCI and the Customer. C. The Customer shall notify HDCI, in writing, of any anticipated machine modification no later than thirty (30) days prior to incorporation of such modification. D. All arrangements for the procurement and installation of non-HDCI communications media (telephone, telegraph, etc.) necessary for the remote transmission of data or for any purpose are the responsibility of the Customer. E. The Customer represents that he is the owner of the machine(s) subject to this Agreement or if not the owner, that he has authority to enter into this Agreement and that service performed by HDCI hereunder will not cause HDCI to become liable to any person, firm or corporation by reason of such performance, and in the event of allegation or assertion of such liability, the Customer will indemnify and save HDCI harmless of and from any such claim or any expense arising therefrom. for the same or related malfunction within with no time limits or additional charges does not apply to individual terminals or emergency situation. G. HDCI shall provide a maintenance service center with a resident field engineer in the City of Lubbock. HARRIS DATA COMMUNICATIONS, INC. BY TITLE TIME MAYOR P'2 2 DATE DATE 3/12/Pl AT ST: Evialyn Gaf ga, ity S ccr fa Treasurer APPROVED AS TO CONTENT: .,&-u 0) (4� Robert Green, 6 rector of Data Processing Approved aS to t=-. ) - tax S sistant City Attorney