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HomeMy WebLinkAboutService Express Inc 10-01-16 thru 09-30-17 Service Express Inc Service 3854 BroadmoorAve.SE Service Agreement 129'12 GrandRapids94 -5512 Service Phone:800-940-5585 Service Express,Inc. Billing/Contract Fax:(616)971-0754 Agreement Information Contact Information Name: City of Winter Springs Name: Joanne Dalka Agreement: 12912 Address: 1126 E State Road 434 Sales Person: Karen Sibilla Winter Springs FL 32708 Duration: 12 Months Phone: (407)327-5975 Commencement: 1O/112016 Email: jdalka @winterspringsfl.org Expiration: 9/30/2017 Billing Information Billing Contact Information Invoice: Annual Name: Joanne Dalka Terms: Net 30 Address: 1126 E State Rd 434 Winter Springs FL 32708 Phone: (407)327-5975 Email: jdalka @winterspringsfl.org Date:09/1 512 01 6 Page 1 of 3 Service Express Inc y nnA 3854 Broadmoor Ave.SE Service Agreement 129 1 Z Grand Rapids MI 49512 Phone:800-940-5585 Service Express,h7c. Billing/Contract Fax:(616)971-0754 Location:26371-Print Heads and Maintenance Kits Not Included 2sn rL y�?fUs 1k!` 7. a" f �_ % f 1 POWEREDGE R610 DELL POWEREDGE R610 49NN3M1 1 7/1/2015 7 12A-12A 4 HOUR $43.00 2 POWEREDGE 8610 DEL,L„PPWEREDGE?R610 :59NN391; 1,. 7/1/2015 7 12A�12A 4HOUR $4300; 3 POWEREDGE R200 DELL POWEREDGE R200 BWD3HG7 1 7(112015 7 12A-12A 4 HOUR $23.00 4 POWEREDGE R310 7DELL.POWEREDGE R310 GT03M 1 .9/212016 7 12A-12A 4HOUR- 632[00 5 POWEREDGE R510 DELL POWEREDGE R510 GK63SR1 - 1 9(7!2016 7 12A•12A 4.HOUR $32.00 6 PQWEREDGE:R510. `DELL POWEREDGE-R510 - FK63SR1: - 1 91712016. "7' 12A 12A. 4 HOUR' _$32.00 Main Total:$205.00 Date:09/15/2016 Page 2 of 3 Service Express Inc 3854 Broadmoor Ave.SE sev,T- Service Agreement 12912 Grand Rapids MI 49612 •7 Phone:800-940-5585 Service Express,tic. Bill!nglContract Fax:(616)971-0754 Notes Monthly Charge: $205.00 1010112016- 0913012017 $2,460.00 Kevin Havert 2016.09.22 13:58:20 -04'00' Authorized Rq resentative Date Authorized Representative Date Kf—V i In L , Ji(, j Kevin Havert,VP of Finance Printed Authorized Representative:City of Winter Springs Printed Authorized Representative:Service Express,Inc 'Customer eckh—.ages they have read and understand the terms and conditions stated on the last page of the contract. All prices€nclude conc-cue repair efrons and preventative maintenance on all equipment. For Service Call: 1-800-940-5585 Date:09115/2016 Page 3 of 3 Service Erxpress,Inc Terms and Conditions 1, TERMS (3) Customer shall ensure that a Customer's representative is 7. LIMITATIONS OF LIABILITY AND WARRANTY present during service by personnel This Agreement shall be effective from the commencement date (1) EXCEPT FORTHE EXPRESS WARRANTIES STATED HEREIN, stated on the face of this Agreement and shall continue for an (4) Customer shall make every reasonable effort to provide a SEI DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY initial term of thirty-six(36)months unless otherwise stated on reasonable environment for the Equipment covered by this AND FITNESS FOR A PARTICULAR PURPOSE. face hereof. This Agreement may be terminated by either party Agreement. Customer shall make all reasonable efforts to upon thirty(30)days prior written notice,for any reason and abide by manufacturer's specifications regarding (2) CUSTOMER'S RIGHT TO RECOVER PROPERTY DAMAGES without penalty. environmental considerations for the Equipment being CAUSED BY SEVS FAULT OR NEGLIGENCE SHALL BE LIMITED covered by this Agreement. TO THE LIMITS OF SETS INSURANCE POLICIES IN EFFECT AT 2. EQUIPMENT ADDITIONS OR DELETIONS THE TIME OF LOSS,SEI WILL NOT BE LIABLE FOR DAMAGES S. SERVICE LIMITATIONS RESULTING FROM LOSS OF DATA,PROFITS,USE OF Equipment may be added or deleted from this Agreement upon - - PRODUCTS,OR FOR INCIDENTAL CONSEQUENTIAL.DAMAGE, mutual agreement of the parties. Charges for equipment added (1) Requests for service received outside of the hours of EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. to this Agreement will be at the then current monthly rate. coverage stipulated on the face of this Agreement shall be Charges for Equipment added to or deleted from this Agreement responded to on a best efforts basis. This limitation of SETS liability will apply regardless of the form will be prorated on a thirty(30)day month. of action,whether in contract or tort including negligence.' - (2) This Agreement does not cover damage due to improper Any action against SEI must be brought within six(6)months 3, SERVICE RESPONSIBILITIES OF SERVICE EXPRESS,INC. treatment or use OF Equipment or unauthorized attempts by after the cause of action occurs. other than SEI personnel to repair,maintain or modify the In consideration of payment of the charges set forth in this Equipment;.Repairs made under these circumstances shall (3) SEI shall not be liable for any delay in performance due to Agreement,SEI shall provide maintenance services as described be made at the then prevailing per call rates far labor and causes beyond the reasonable control of SEI. below: parts. (4) Insurance: SEC shall maintain Workers Compensation (1) SEI shall perform preventive maintenance based upon (3) Maintenance service does not include operation supplies or insurance and general liability insurance in the amount of specific needs of the Equipment. accessories(as defined by the manufacturer),cosmetic $1,000,000 aggregate/$500,000 per occurrence, and shall damage to Equipment,or work external to the Equipment provide the City with a certincate of insurance naming the City (2) SEI shall perform remedial maintenance following Customer itself. as an additional insured. - notificationofEquipmentmalfunction. SEI shall provide on-site response within the time frames specified on the (4) SEI has the right to refuse,terminate,or suspend service, (5) Indemnification and Hold Harmless. For all services face of this Agreement and shall provide a continuous when in SEI's opinion,conditions at the Customer's site permitted and occurring under this Agreement,SEI agrees to repair effort. jeopardize the health or safety of SEI personnel. the fullest extent permitted by law, to indemnify and hold harmless the City and Its employees,officers,and attorneys (3) SEI shall provide labor and parts deemed necessary to G. CHARGES from and against all claims,losses,damages,personal injuries maintain the Equipment or to return the Equipment to (including but not limited to death), or liability (including operating condition, Exchanged parts removed from the (1) CHARGES FOR MAINTENANCE SHALL BE INVOICED reasonable attorney's fees),which directly or indirectly arises Equipment become property of SEI. THIRTY(30)DAYS IN ADVANCE. PAYMENT OF THE out of,or results from any act or failure to act by SEI which in APPLICABLE CHARGES IS DUE ON THE FIRST DAY OF THE any way is related to SEI's obligations under this Agreement, (4) SEI shall install Field Engineering Change Orders deemed MONTH IN WHICH SERVICE IS TO BE RENDERED. and/or the services performed under this Agreement. necessary. Field Engineering Change Orders shall be installed at a mutually agreed upon time. -(2) ALL OVERDUE ACCOUNTS WILL BE CHARGED A LATE FEE The indemnification provided above shall obligate SEI to OF 11/i%PER MONTH. SEI ALSO RESERVES THE RIGHT defend at its own expense or to provide for such defense,at 4. SERVICE RESPONSIBILITIES OF CUSTOMER TO REFUSE SERVICE TO CUSTOMERS WITH INVOICES the option of the City,as the case may be,of any and all PAST DUE. claims and liability and all suits and actions of every name and (1) Customer shall contact SEI immediately when Equipment description that may be brought against the City or its malfunctions and take reasonable precautions to limit (3) Charges for services not covered under this Agreement employees,officers,and attorneys which may arise or result further damage to the Equipment shall be invoiced at SEI per call rates,terms and conditions from this Agreement. In all events the City shall be permitted in effect when the service is performed. to choose legal counsel of its sole choice,the fees for which (2) Customer shall provide full and free access to Equipment to shall be reasonable and subject to and included with this the extent necessary for SEI to perform the Services (4) SEI may adjust the applicable charges for Equipment, indemnification provided herein. This section shall survive required hereunder. Waivers of liability or other restrictions covered under this Agreement upon the anniversary date of termination of this Agreement. shall not unreasonably be imposed as a requirement for this Agreement. access to the site. m pres Terms and Conditions �rvi�� Expr�.�s,[ncR Notwithstanding any other provision set forth in this (8) Public Records. In accordance with section 119.0701, - Agreement, nothing contained in this Agreement shall be Florida Statutes;Contractor agrees that all documents, construed as a waiver of the City's right to sovereign immunity transactions,writings,papers,letters,tapes,photographs, under section 768.28, Florida Statutes, or other limitations sound recordings,.data processing software,or other - imposed on the City's potential liability under state or federal material,regardless of the physical form,characteristics,or law. As such,the City shall not be liable under this Agreement means of transmission,made or received pursuant to this - for punitive damages or interest for the period before Agreement or In connection with any funds provided,by the judgment. Further,the City shall not be liable for any claim or City pursuant to this Agreement may be considered public judgment,or portion thereof,to any one person for more than records pursuant to Chapter 119,Florida Statutes. two hundred thousand dollars($200,000.00),or any claim or Contractor agrees to keep and maintain.any and all public judgment,or portion thereof,which,when totaled with all records that ordinarily and necessarily would be required by other claims or judgments paid by the state or its agencies the City in order to perform the services required by this and subdivisions arising out of the same Incident or Agreement. Contractor also agrees to provide the public occurrence, exceeds the sum of three hundred thousand with access to public records on the same terms and dollars .($300,000.00). This paragraph shall survive conditions that the City would provide the records and at a - termination of this Agreement. cost that does not exceed the cost provided by Chapter 119,Florida Statutes or as otherwise provided by-law. 8. GENERAL Contractor shall also ensure that public records that are (1) The terms and conditions of this Agreement shall prevail exempt or confidential and exemptfrom public records over the terms and conditions of any order submitted by disclosure requirements are not disclosed except as _ Customer for maintenance services under this Agreement. authorized by law. In addition,Contractor shall meet all requirements for retaining public records and transfer,at (2) This Agreement supersedes all prior service agreements no cost,to the City all public records in possession of the and understandings between the parties with respect to Contractor upon termination of this Agreement and destroy Equipment covered hereunder. This Agreement may not any duplicate public records that are exempt or confidential be changed or terminated orally. and exempt from public records disclosure requirements. All records stored electronically must be provided to the ' (3) It is expressly understood that if either party,on any City in a format that is compatible with the information occasion,falls to perform any provision of this Agreement, technology systems of the City. If Contractor does not and the other party does not enforce that provision,the comply with a public records request,the City shall have failure to enforce on that occasion shall not prevent the right to enforce the provisions of this Paragraph. In the enforcement on any other occasion. event that Contractor fails to comply with the provisions of this Paragraph,and the City is required to enforce the (4) During the term of this Agreement and for a period of one provisions of this Paragraph,or the City suffers a third year from the date of Its termination,Customer shall not party award of attorney's fees and/or damages for violating knowingly employ,as an employee or contractor,any SEI the provisions of Chapter 119,Florida Statutes due to employee. Contractor's failure to comply with the provisions of this Paragraph,the City shall be entitled to collect from (5) Neither party shall assign this Agreement unless consented Contractor prevailing party attorney's fees and costs,and to in writing by both parties. any damages incurred by the City,for enforcing this Paragraph against Contractor. And,if applicable,the City (6) Standard of Care.In performing services hereunder,SEI shall also be entitled to reimbursement of any and all will use that degree of care and skill ordinarily exercised, attorney's fees and damages which the City was required to under similar circumstances by reputable members of its pay a third party because of Contractor's failure to comply profession practicing In the same or similar locality. with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. (7) Governing Law and Venue, This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated In Seminole County. If any dispute concerning this Agreement arises under Federal law,the venue will be Orlando,Florida. Any objections to jurisdiction and venue are expressly waived.