HomeMy WebLinkAboutOrlando Business Telephone Systems, Inc. Fire Station 26 & Water Plant -2004 10 01
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Orlando Business Telephone Systems, Inc.
4558 s. W. 35th Street, Orlando, Florida, 32811
Maintenance Agreement
Orlando Business Telephone Systems, Inc., hereinafter referred to as OBTS, and
City of Winter SDrinas City Hall. Fire Station 26 & Water Plant 1126 East State
Road 434 Winter SDrinas. FL 32807-2799, hereinafter referred to as the
Customer, hereby agree as follows:
The term of this contract shall be 12 months beginning October 1, 2004. The
Customer shall pay to oeTS 1 payment in the amount of $5649.69 plus tax,
payment being due and payable upon presentation of an invoice. Said payment
is based upon the equipment listed in the Schedule of Equipment, ~nd any
changes to the quantities or types of equipment may affect the amount of the
payment.
OBTS will maintain the equipment listed in the Schedule of Equipment in normal
working order provided such maintenance is necessitated by normal usage. If
the equipment fails to perform in normal usage, it will be repaired or replaced at
the option of OeTS and/or it authorized agent (s). Headsets are not covered
under this maintenance agreement.
oeTS will make emergency service available on a seven day a week basis and
will endeavor to respond to emergency service calls within two hours of receiving
said call. Excluding holidays, OeTS will endeavor to respond to normal or non-
emergency service calls on the business day following the day OeTS received
said non-emergency call. Emergency service calls are defined as such situations
as complete system failure, tie-line group out of service, evidence of a major
alarm, failure of all attendant positions, and complete inability to receive incoming
calls or to place outgoing calls. All other service calls are defined as normal or
non-emergency service calls.
Customer shall secure for OeTS access to all areas of Customer's premise for
the purposes of this contract and shall provide adequate workspace as required
by oeTS.
Customer agrees to control and maintain the ambient environmental conditions in
which switching equipment and associated peripheral equipment are installed at
levels between 40F and 80F degrees, with humidity not to exceed 80%, and the
equipment shall not be exposed to moisture or to corrosive gases or Materials.
Equipment required to control and sustain these environmental conditions shall
be provided at the expense of the Customer.
Page 1 of 4
OBTS Maintenance Agreement
OR\G\NAL
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Customer agrees to provide separate electrical outlets or service connection
circuit breaker restricted solely for the use of the system during the term of this
contract. Customer agrees not to locate in close proximity any other electronic
system or electrical power equipment which may cause interference or damage
to the switching system or its peripheral or ancillary equipment.
Customer agrees, where necessary, to relocate sprinklers or provide a cover
over the equipment which does not restrict sufficient airflow to the system, so as
to prevent water damage to the equipment.
Connection of the equipment to peripheral, ancillary, or similar devices provided
by Customer or by another vendor shall be performed only by oars: however,
this type of work is not covered under the terms of this contract and is therefore
billable at oars prevailing labor and material rates.
Should Customer cause or allow any person or agency other than oars to
perform any work on the equipment or affix any peripheral, ancillary, or other
device to the equipment, and should this cause oars to incur expense to rectify
any problems which arise as a result thereof, oars shall invoice Customer and
Customer shall immediately pay oars for such repairs, at oars prevailing labor
and material rates.
Maintenance service to the equipment and/or service calls necessitated by power
failure or power fluctuation or by the failure of peripheral, ancillary, or other
equipment or by problems in service, lines, or trunks provided by Customer's
local or long distance telephone company (ies) are not covered under this
contract and shall be billed to Customer at oars prevailing labor and material
rates.
Customer shall be responsible for damage to or failure of the equipment caused
by Customer's failure to adhere to the terms and conditions of this contract, and
oars will charge the Customer for labor and/or materials required to repair or
replace the damaged or failed equipment a oars prevailing labor and material
rates.
Damage to the equipment caused by abuse, misuse, neglect, fire, water,
lightning, power failure, power surges, or power fluctuations will not be covered
under this contract.
If single line telephones are included in the Schedule of Equipment herein and
found defective, they will be repaired or replaced, at the option of oars.
Page 2 of 4 OBTS Maintenance Agreement
. .
"Service calls which result in a "no trouble found" diagnosis are not covered
under the terms of this contract and will be billed to the Customer at OaTS'
prevailing time and material rates.
Payments shall be made to OaTS at its Orlando, Florida address or at such other
address as OaTS may notify Customer. Should Customer fail to pay any of the
payments provided herein within ten days after the due date thereof, OaTS shall
have the options of withholding performance of maintenance and/or charging
interest on such delinquent payment at the expiration of said ten days until paid
at the highest rate of interest allowable by law.
If Customer fails to make any payment hereunder when due or fails to perform
any of the covenants or conditions on its part to be performed or if a bankruptcy
or insolvency proceeding is filed by or against Customer or if Customer makes an
assignment for the benefit of creditors, OaTS shall have the right to consider
Customer in breach of this contract and, in addition to all its other rights, OBTS
shall have the right to cancel this contract. In the event of such cancellation, and
in addition to any unpaid amounts accrued to the date of cancellation, Customer
shall remain liable to OaTS for all damages, losses, and expense resulting to
OaTS from such breech and cancellation.
Customer shall pay OaTS all costs and expenses, including reasonable
attorney's fees, incurred by OBTS in exercising any of its rights or remedies
hereunder or in enforcing any of the terms, conditions, or provisions hereof.
OBTS will exercise all reasonable efforts in furnishing the services and furnishing
parts and equipment provided herein, but shall not be liable for delays or failures
caused by Acts of God, Government, labor difficulties, failure of transportation, or
other causes beyond the control of OBTS, or for interruption in the operation of
the equipment. In no event shall OBTS be liable for special, indirect, incidental
or consequential damages whether in contract, tort, or negligence.
Either party upon thirty- (30) days written notice to the other party may cancel
this contract. Upon expiration of the initial term of this contract, it may be
renewed by mutual consent of OBTS and Customer. This contract may be
transferred, assigned or sold by OaTS without notice. This contract is
transferable by customer, with OBTS' prior written consent, which consent shall
not be unreasonably withheld.
Page 3 of 4 OBTS Maintenance Agreement
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Orlando Business Telephone Systems, Inc
Maintenance Agreement and Schedule of Equipment and Services
For
City of Winter Springs - City Hall, Firestation 26, Water Plant
Maintenance Aareement Schedule of Eauipment and Services
1 Peripheral Node
2 DNIC Line Cards
2 ONS Line Cards
1 LS/GS Trunk Card
32 SuperSet 420
11 SuperSet 430
9 Digital Telephone Sets (located in Parks & Rae. Dept.)
1 OPS Manager
1 UPS
2 SuperSet Hubs (Fire Station 26 & Water Plant)
8 4025 Sets (Fire Station 26 & Water Plant)
Aareed To And Accepted:
Authorized Signature
Ignature
City of Winter Sprinas
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Authorized
John E Fisher. President
Print or Type Name and Title
October 1. 2004
Date
Ronald W. McLemore, City Manager
Print or Type Name and Title
Date 10/01/04
Page 4 of 4 OBTS Maintenance Agreement