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Home My WebLink AboutJarvis Service Agreement August - 1987-1988 08 27... ... ... 5'~, - THE OTHER PHONE COMPANY FULL SERVICE WITH ALL LABOR AND PARTS. ITY OF WINTER SPRINGS 126 SR 434 inter Springs, FL 32708 34/0011/OR0011 SERVICE AGREEMENT JARVIS CORPORATION 474 Northlake Blvd. #1008 Altamonte Springs, FL 32701 EFFECTIVE DATES FROM 08/31/87 THROUGH 08/31/88 INCLUSIVE. EQUIPMENT COVERED UNDER THIS AGREEMENT ONE EZ-1 ELECTRONIC TELEPHONE SYSTEM AND ALL PERIPHERAL EQUIPMENT (EXCLUDING CUSTOMER PROVIDED AND INSTALLED ANSWERING MACHINES) ~0 ~ ~~~0p ~ ~r• ~o~.a~~-,~ ~ a. ~ a-~ CHECK ONE OF THE PAYMENT PLANS LISTED BELOW 0 C~l~tt~~(~ST ~J ANNUAL COST 1~""- e~)~ O~ ~ JARVIS CORPORATION AND THE UNDERSIGNED, BY SIGNING THIS AGRE EMENT, AGREE AND INTEND TO BE BOUND BY THE TERMS HEREOF, INCLUDING THE TERMS AND CONDIT IONS ON THE REVERSE SIDE OF THIS AGREEMENT WHICH ARE MADE PART OF THIS AGREEMENT. .••.• ADDRESS SAME AS ABOVE CUSTOMER NAME (,'ity of Winter Springs CUSTOMER NAME ADDRESS 1126 East State Road 434 ADDRESS CITY, STATE ter Spr n s, ~I. 327i~8 CIT~,.ST~Al~ -_ ~~~ `F ~ ' AUTHORIZED SIGNATURE ~ AUTHORIZED n=-~ ' SIGNATURE ~l~' i+UrHQRIZED % SIGI~(TyJRE FRANK L. GATES nr~IELD OPERATIONS MANAGER TITLE Cit Mana er - rmE -~ ~ 0 8/ 2 8/ 8 7 ~ ' DATE DATE September 4, 1987 DATE ~ o - CUSTOMER COPY ~ _ 1 U . ~~ ~ ~ a,,, ~+ TERMS AND CONDITIONS PERFORMANCE -Jarvis Corporation ,herein referred to as Jarvis, agrees to provide the services checked on the reverse side hereof for the equipment described on the reverse side of this Agreement so long as Customer shall not be in default of any provision of this or any other agreement between the parties hereto. Furnishing of labor and parts shall include the labor and parts required to repair or replace equip- mentwhich has become defective through normal wearand usage, but shall not include the repair or replacement of equipment which has otherwise become defective through circumstances not in the control of Jarvis, including, but not limited to, damage caused by accidents, physi- calabuse or misuse of equipment, acts of God, fires, lightning, water, or otherstorm related damages. Jarvis, will provide laborand material for relocation, rearrangement, addition to, or removal of equipment for additional charges in accordance with Jarvis, current rates for such services. SERVICE STANDARDS -Services will be performed by Jarvis, in ac- cordance with these standards: (1) only factory authorized parts will be used where applicable; (2) in all other cases, parts of equal or better quality will be used; (3) the equipment will not be subject to mechanical abuse; (4) routine maintenance procedures prescribed by Jarvis, for the equipmen! will be followed and the equip- ment adjusted as often as required; (5) all work will be done by qualified Jarvis, personnel. TIME AND PLACE OF SERVICE -Service work shall be performed at the location of the equipment whenever possible or at the Jarvis, Service Center as appropriate. Routine maintenance will be per- formed during normal working hours - 8:00 A.M. to 5:00 P. M., Mon- day through Friday except holidays. All other service work requested or required will be performed on a 24 hour day, 7 day week, 52 week year basis. Jarvis, will respond to ~~OUT OF SERVICE" (emergency) calls within two (2) hours of notification and to other calls within twenty-four (24) hours. "OUT OF SERVICE" is defined as the Customer being unable to place and/or receive calls through the switching equipment. CUSTOMER AGREEMENTS -Customer agrees to provide authorized Jarvis, personnel with all pertinent information related to the Ser- vice Agreement and reported malfunction and afford them free and open access to the equipment; and agrees to furnish heat, light, and power required for the performance of this Agreement. Customer agrees that no UNAUTHORIZED service, additions, deletions, relo- cations, or rearrangements will be made to the equipment under this Agreement. UNAUTHORIZED is defined, for purposes of this Agreement, as any service or work performed by other than an au- thorized Jarvis, employee. Customer agrees that neither it nor its affiliates will contract with Jarvis, employees or representatives with regard to them directly performing services similar to those outlined herein for the Customer for the duration of this Agreement and for one year after its termination. Customer agrees that Jarvis, shall 2. 3. 4. • - '~- r ; ,,Lv - ` - - _ -~ _ , \Y k ~ _ ~~ ~.Cr be the Customer's sole agent to represent Customer in any and all dealings; with any Telephone company and governing regulatory agencies servicing Customer and Customer agrees to provide such telephone company and agencies with a letter appointing Jarvis, such agent. 5. PAYMENTS -Payments set forth on the reverse side of this Agreement shall be due and payable beginning with the effective date of this Ar re ~ .-^ea and contracted for intervals thereafter. Customer shall reimEor s~ ;:::: is, for all property taxes, Sales and use taxes, excise taxes, cnc? oi::;.. ; : ~:~a orassessments noworhereafterimposed byor underthe aut^ori':~ c.~ uny Federal, State or local law, rule, or regulatioss with re_r:ect to this Agreement, except Federal Income and Profit. tcxcs on Jc . i., ur;d State Income and Franchise taxes on Jarvis. This :service Agreement shall be automatically renewed at the prevailing rate from year fo yea r unless the Customer shall advise Jarvis, in writing of its i ntention to cancel this Agreement priorto sixty (60) days before expiration of any one year term. In the event that the customer elects to cancel this Agreement, a complete inspection and renovatian if necessary of the system must be conducted prior to a new service contract being issued. This will beatthe customer'sexpense. When so renewed, the maximum increase in the payments will not exceed the Jarvis, prevailing rate for simila r services to other customers. 6. ADDITIONAL EQUIPMENT-EquipmentaddedbyCustomerwillauto- matically be added to this Agreement after ninety (90) day warranty period covering such equipment. Removals. of equipment will be deleted from this Agreement on the following month of effective cut off date. Charges and credits will be on apro-rated basis for the remaining term of the Agreement as stated on the reverse side of this Agreement. Charges and credits become due and payable upon the effective date of the change. 7. DEFAULT - In the event of a material breach of this Agreement, either party may cancel. Jarvis, shall in no event be liable for any special or consequential damages, for loss, damage, or expense directly or indirectly arising from Customer's inability `to use the equipment either separately or in combination with any other equipment or from any other cause. In the event of default all unused portion of monies paid are reimbursed. 8. PRIOR NEGOTIATIONS -This contract constitutes the entire agree- ment between the parties hereto and shall supersede all prior offers, negotiations, and agreements. 9. APPLICABLE LAW -This Agreement is made in the State of Virginia and is to be governed by and construed in accordance with the .laws of that State. 10. GENERAL -Jarvis, shall not be liable for; and the Customer hereby assumes and will indemnify and save Jarvis, harmless from any loss ~v or damage arising out of the maintenance, operation or use of the equipment or any test equipment except such as may originate from the negligence of Jarvis or its representatives. All test and maintenance equipment and all tools furnished by Jarvis, shall remain the property of Jarvis, and may be removed by Jarvis at any time.