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Home My WebLink AboutOrlando Business Telephone Systems, Inc. Maintenance Agreement -2003 10 01 :, .c' .,- .' G>~ ""cIv>-,-~ . .,._.__."_.~._<-- "0j~,-",".~ ( 1)(;',-", "r --, Orlando Business Tele.phone Systems, Inc. 4558 sw 35th Street, Orlando, Florida 32811 Maintenance Agreement Orlando Business Telephone Systems, Inc., hereinafter referred to as OBTS, and Citv of Winter Springs City Hall 1126 East State Road 434 Winter Springs, FL. 32708-2799 ,hereinafter referred to as the Customer, hereby agree as follows: The initial term of this contract shall be 12 months beginning October 1. 2003. The..8~~tgT~r~n~ll. ~.~. . ii~~/~:~~!~~~8' p:I'lifstaxespa,-imell\l.t<a'M' : VOice. said"" . payment is based upon the equipment listed in the Schedule of Equipment, and 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 OBTS and/or it's authorized agent (s). Headsets are not covered under this maintenance agreement. OBTS 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, OBTS will endeavor to respond to normal or non- emergency service calls on the business day following the day OBTS 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 OBTS access to all are,as of Customer's premise for the purposes of this contract and shall provide adequate workspace as required by OBTS. Customer agrees to control and maintain the ambient environmental conditions in which switching equipment and as,sociated peripheral equipment are installed at levels between 40F and 80F degrees, with humidity not to exceed 80%, ali'ld 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 ORIG\NAL REC,=~VED JAN , 3 2004 OF WlN I !:oK ti/-'RINGS QIT'/'flnance Department . .. . f . 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. Custpmer 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 OBTS: however, this ~YPE;l~ti.~~,E' . . "ij$,~f:tlerefore bi'lt8bleafOSf' .... Should Customer cause or allow any person or agency other than OBTS to perform any work on the equipment or affix any peripheral, ancillary, or other device to the equipment, and should this cause OBTS to incur expense to rectify any problems which arise as a result thereof, OBTS shall invoice Customer and Customer shall immediately pay OBTS for such repairs, at OBTS' 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 OBTS' 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 OBTS will charge the Customer for labor and/or materials required to repair or replace the damaged or failed equipmentat OBTS' prevailing la~or 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 OBTS. Defective single line telephones will be delivered by Customer in quantity to a centralized location within Customer's premise (e.g., the telephone equipment room) for repair and/or replacement by OBTS. Page 2 of 4 OBTS Maintenance Agreement REC"=~VED JAN ? 3 200~ CITY OF WIN 11=.1< ::;f-'RINGS finance Department .~ Service calls which result in a "no trouble found" diagnosis (by OBTS' definition) are not covered under the terms of this contract and will be billed to the Customer at OBTS' prevailing time and material rates. Payments shaH be made to OBTS at its Orlando, Florida address or at such other address as OBTS may notify Customer. Should Customer fail to pay any of the payments provided herein within ten days after the due date thereof, OBTS 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 c:I nY.'.9f.tm.~....~p~~;mijB~~'!i;)~':'i~mi~!IJ~j)~IFl~')I~Hj~~i~:m:I.W'~~lil~l#j.IlI';~_iv~:~.,!i~i'$u~.ai~:~rl!l,JQit.~.y or insolvency proceeding is filed by or against Customer or if Customer makes an assignment for the benefit of creditors, OBTS 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 OBTS for all damages, losses, and expense resulting to OBTS from such breech and cancellation. Customer shall pay OBTS 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. This contract may be canceled by either.party ~P9nthirty- (30) days written notice to the other party. . Upon expiration ofthe inttialterm of this contract, it may be renewed by mutual consent of OBTS and Customer. This contract may be transferred, assigned or sold by OBTS 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 RECr=.:~veo JAN , g 200~ \TV OF WIN I t:.K :il-'KINGS C flnance Department . e.t Orlando Business Telephone Systems, Inc Maintenance Agreement and Schedule of Equipment and Services For City of Winter Springs - City Hall Maintenance Aqreement Schedule of Equipment and Services 1 Peripheral Node 2 O~ili~lfiim~\\\~~!q~l$ 2 ONS Line Cards 1 LS/GS Trunk Card 32 Superset 420 11 Superset 430 9 Digital Telephone Sets (located in Parks & Rec. Department) Ops Manager 1 UPS ***This Maintenance Agreement also includes the equipment located in the Parks & Recreation Department. Agreed To And Accepted: Orlando Business Telephone Svs. Inc. ~~4~ ,.."AIJJb9rih.e-dS.ignature City of Winter Springs City Hall a~..!l':#--O Authorized Signature Anita Crenshaw Inside Sales/ MACs Print or Type Name and Title Ronald W. McLemore, City Manager Print or Type Name and Title October 10. 2003 Date 2/24/04 Date ORIGiNAL Page 4 of 4 OBTS Maintenance Agreement REC,=-'VEO JAN 'J 3 2004 C\\'l' OF WIN I ~K t>I-'I-<INGS Finance Department