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HomeMy WebLinkAboutJarvis Service Agreement - 1986-1987 08 12::. ... ... THE OTHER PHONE COMPANY FULL SERVICE WITH ALL LABOR AND PARTS. CITY OF WINTER 1026 S.R. 434 WINTER SPRINGS, SPRINGS FLORIDA 32708 SERVICE AGREEMENT JARVIS CORPORATION 474 S. NORTH LAKE SLVD., #1008 ALTANIONTE SPRINGS, FLORIDA 32701 EFFECTIVE DATES FROM 76/~/~6 THROUGH I4/~'$/~ INCLUSIVE. - ___ -- - 9- $ ONE EZ-1 ELECTRONIC TELEPHONE SYSTEM AND ALL ASSOCIATID PERIPHERAL EQUIPMENT (EXCZUDING CUSTOMER-PROVIDID AND INSTALLED ANSWERING MACHINES). Twa-haun neaponae ~a pnab.!'em.a with necepfii,on a~ emergency ca.Q,P,d ~a Po.P.i.ce Cammuwi.ectti.ana Cev~ter. ~~ 2~17.So ® ANNUAI COST ~.3.1.$.,~~~J£r-~°tr£a~k,6-~ pF--~3.5,.~j~.~_~-~~3.,.~.Q -- - - - ___ __ - JARVIS CORPORATION AND THE UNDERSIGNED, BY SIGNING THIS AGREEMENT, AGREE AND INTEND TO BE BOUND BY THE TERMS HEREOF, INCLUDING THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT WHICH ARE MADE PART OF THIS AGREEMENT. .••.•• . ADDRESS SAME AS ABOVE CUSTOMER NAME City of Winter Springs CUSTOMER NAME ADDRESS 1 6 East S . 434 ADDRESS CITY, STATE to S r S F 32703 CITY, STATE AUTHORIZED SIGNATU AUT RIZED SIGNATURE AUTHORIZED SIGNATURE TITLE FIELD OPERATIONS MANAGER TITLE it Mana er TITLE DATE 8/1256 DATE ~ ~ DATE UC STOMER COPY TERMS AND CONDITIONS 1. 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 wear and 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 other storm related damages. Jarvis, will provide labor and material for relocation, rearrangement, addition to, or removal of equipment for additional charges in accordance with Jarvis, current rates forsuch services. 2. 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 equipment will be followed and -the equip- ment adjusted as often as required; (5) all work will be done by qualified Jarvis, personnel. 3. 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 tails through the switching equipment. 4. 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 tothem directly performing services similarto those outlined herein for the Customer for the duration of this Agreement and for one year after its termination. Customer agrees that Jarvis, shall 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 A.gr.~em^nt and contracted for intervals thereafter. Customer shall rc imburse Ja:-, k, forall propertytaxes, Sales and use taxes, excise taxes, and c~ti ~:: i:.:,:a or assessments now or hereafter imposed by or under the auC:critj cr cmy Federal, State or local law, rule, or regulation with rest.-ect to this Agreement, except Federal Income and Profits taxes en Jarvis, c~:ui State Income and Franchise taxes on Jarvis. This Ser Agreement shall be automatically renewed at the prevailing to rom year foyear unlessthe Customer shall advise Jarvis, in writing o s i ention tom cancel this Agreementpriortosixty(60)daysbeforeexpiration fanyone year term. In the event thatthe customer elects to cancel this Agreement, a complete inspection and renovation if necessary of the system must be conducted prior to a new service contract being issued. This will be at the customer's expen<_e. When so renewed, the maximum increase in the payments will not exceed the Ja ruts, prevailing rate for similar services to other customers. 6. ADDITIONAL EQUIPMENT -Equipment added by Customer will auto- 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 a pro-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, shat! 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 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.