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HomeMy WebLinkAboutService Express Inc 09-01-14 thru 09-30-15 Service Express Inc sei Service Agreement 12912 3854 Broadmoor Ave.SE Grand Rapids Mi 49512 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: 11266 State Road 434 Sales Person: Dan Kalina Winter Springs FL 32708 Duration: 13 Months Phone: (407)327-5975 Commencement:9/112014 Email: jdalka©,winterspringsf1org Expiration: 9/30/2015 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:08/26/2014 Page 1 of 3 Service Express Inc ■ 3854 Broadmoor Ave.SE sei . , Service Agreement 12912 Grand Rapids Ml 49512 Phone:800-940-5585 Service Express,Inc. Billing(Contract Fax:(616)971-0754 — Location:26377-Print Heads and Maintenance Kits Not included ■- — — — — . . ' 1 LEFTHAND 04500 HP LEFTHAND 04505 1,810 12-SLOT SAS STORAGE 2UX93803WO 1 12/1/2914 7 12A-12A 4 HOUR $95.00 SYSTEM 2 POOL/ANT DL3200 HP PROLIANT 053200 2.13GHZ)2MB/C2D(E0405) USE726N42A 1 9/1;2014 7 12A-12A 4 HOUR 517.0C 3 PROLIANT ID1.320S HP PROLiANT 0L3205 2.13GHZ/2MD/C2D(E6400) USE820NBK6 1 9(1/2014 7 12A-12A 4 HOUR 617.00 4 PRCLIAN T DL3200 HP PROLIANT 053205 2.13GHZ/2MB/C2D(E6400) USE825ND9S 1 9/1(2014 7 12A-12A 4 HOUR 817.00 5 LEFTHAND NSM20130G2 HP LEFTHAND 2.101-17 CPU 2.4TB SAN 2UX92955JE 1 9/1,2014 7 12A-12A 4 HOUR 835.00 6 LEFTHAND NSM206502 HP LEFIHAND 2.1GHZ CPU 2 4 TB SAN 2UX929853E 1 9/1/2014 7 12A-12A 4 HOUR 63500 7 PROLIANT DL380G4 HP PROLIANT DL380G4 3 OGHV2M3/5C 35E04014400 1 121112014 7 12A-12A 4 HOUR $35.90 8 PROLIANT DL32C5 HP PROLIANT DL320S 2.4GHZ/4MBIDC(3060) USE739N814 1 9/1/2014 7 12A-12A 4 HOUR 517.00 9 LEFTHAND P430002 HP LEFTHAND P430002 16113 8-SLOT SAS STORAGE MX00310426 1 911;2014 7 12A-12A 4 HOUR $67.00 SYSTEM Main Total:$336.00 Date:08/26/2014 Page 2 of 3 Service Express Inc S Ave.sei Service Agreement 12912 3854 Broadmoor SE Grand Rapids ve. 2 Phone:800-940-5585 Service Express,Inc. Billing/Contract Fax:(616)971-0754 Notes: Monthly Charge: $336.00 09/01/2014- 09/30/2014 $205.00 10/01/2014- 09/30/2015 $3,770.00 Z7/ S1Z.-r/'L7 `' 9/2/2014 Authorized R resentative Date Authorized Representative Date kevin L. Sm;---r, Kevin Havert,Corporate Controller Printed Authorized Representative:City of Winter Springs Printed Authorized Representative:Service Express,Inc Customer acknowledges they h,eve read and underaand the terms and cnndil',Uns slated on the Iasi page of the contact. "Alt paces include ronlhnuoiis repair efforts ane preventative,nainienanoe an all eguipr.,ent. -"Pricing shown does rot include any applirvtlle sate sales or use tires. For Service Call: 1-800-940-5585 Date:00126/2014 Page 3 of 3 se: . ...-. , _._ Service Express,inc. Terms and Conditions I. TERMS (4) Customer shall make every reasonable effort to provide a 7. LIMITATIONS OF LIABILITY AND WARRANTY reasonable environment for the Equipment covered by this This Agreement shall be effective from the commencement date Agreement. Customer shall make all reasonable efforts to (1) EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, stated on the face of this Agreement and shall continue for an abide by manufacturer's specifications regarding 5E1 DISCLAIMS ALL'WARRANTIES OF MERCHANTABILITY initial term of thirty-six.(36)months unless otherwise stated on environmental considerations for the Equipment being AND FITNESS FOR A PARTICULAR PURPOSE. face hereof. This Agreement may be terminated by either parry covered by this Agreement. upon thirty(35)days prior written notice,for any reason and (2) CUSTOMER'S RIGHT TO RECOVER PROPERTY without penalty. 5. SERVICE LIMITATIONS DAMAGES CAUSED BY SEt'S FAULT OR NEGLIGENCE SHALL BE LIMITED TO THE LIMITS OF SFI'S INSURANCE 2. EQUIPMENT ADDITIONS OR DELETIONS (I) Requests for service received outside of the hours of POLICIES IN EFFECT AT THE TIME OF LOSS,SRI WILL coverage stipulated on the face of this Agreement shall be NOT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF Equipment may be added or deleted from this Agreement upon responded to on a best efforts basis. DATA,PROFITS,USE OF PRODUCTS,OR FOR INCIDENTAL mutual agreement of the parties. Charges for equipment added CONSEQUENTIAL DAMAGE,EVEN IF ADVISED CF THE to this Agreement will be at the then current monthly rate, (2) This Agreement does not cover damage due to improper POSSIBILITY OF SUCH DAMAGE. Charges for Equipment added to or deleted from this Agreement treatment or use of Equipment or unauthorized attempts by will be prorated on a thirty(30)day month, other than SEI personnel to repair,maintain or modify the This limitation of SEI's liability will apply regardless of the Equipment;Repairs made under these circumstances shall form of action,whether in contract or tort including 3. SERVICE RESPONSIBILITIES OF SERVICE EXPRESS,INC. be made at the then prevailing per call rates for labor and negligence. Any action against SET must be brought within parts. six(5)months after the cause of action occurs, In consideration of payment of the charges set forth in this Agreement,SE1 stall provide maintenance services as described (3) 5E1 reserves the right to withdraw individual items of (3) SEI shall not be liable for any delay in performance due to below: Equipment from the agreement if,in SE:opinion,these causes beyond the reasonable conteci of SD, items can no longer be supported. In these circumstances, (1) SE1 shall perform preventive maintenance based upon SEE shall allow the Customer reasonable time to replace (4) Insurance: SEI shall maintain general liability insurance specific needs of the Equipment. subject Equipment or to have Equipment refurbished, with minimum coverage of$500,COC per person/occurrence and shall name the City of Winter Springs as an additional (2) SEI shall perform remedial maintenance following Customer (4) Maintenance service does not include operation supplies or insured. notification of Equipment malfunction. SEI shall provide accessories(as defined by the manufacturer),cosmetic on-site response within the time frames specified on the damage to Equipment,or work external to the Equipment (S) Indemnification and Hold Harmless. For all services face of this Agreement and shall provide a continuous itself, permitted and occurring under this Agreement,SD agrees repair effort, to the fullest extent permitted by law, to indemnify and (5) SEI has the right to refuse,terminate,or suspend service, held harmless the City and its employees, officers, and (3) SEI shall provide labor and parts deemed necessary to when in SEI's opinion,conditions at the Customer's site attorneys from and against all claims, losses, damages, maintain the Equipment or to return the Equipment to jeopardize the health Cr safety of 5E1 personnel, personal injuries (including but not limited to death), or operating condition. Exchanged parts removed from the liability (including reasonable attorney's fees), which Equipment become property of SEt. 6. CHARGES directly or indirectly arises out of,Cr results from any act or failure to act by SEI which in any way is related to SEI's (4) 5E1 shall install Field Engineering Change Orders deemed (I) CHARGES FOR MAINTENANCE SHALL BE INVOICED obligations under this Agreement, and/or the services necessary. Field Engineering Change Orders shall be THIRTY(30)DAYS IN ADVANCE, PAYMENT OF THE performed under this Agreement. installed at a mutually agreed upon time. APPLICABLE CHARGES IS DUE ON THE FIRST DAY OF THE MONTH IN WHICH SERVICE IS TO BE RENDERED. The indemnification provided above shall obligate 5E1 to 4. SERVICE RESPONSIBILITIES OF CUSTOMER defend at its own expense or to provide For such defense, (2) ALL OVERDUE ACCOUNTS WILL BE CHARGED A LATE FEE at the option of the City,as the case may be,of only and all It) Customer shall contact S.Et immediately when Equipment OF lirk%PER MONTH, SEI ALSO RESERVES THE RIGHT claims and liability and all suits and actions of every name malfunctions and take reasonable precautions to limit TO REFUSE SERVICE TO CUSTOMERS WITH INVOICES and description that may be brought against the City or its further damage to the Equipment. PAST DUE, employees, officers, and attorneys which may arise or result from this Agreement. In all eventh the City shall be (2) Customer shall provide full and free access to Equipment to (3) Charges for services not covered under this Agreement permitted to choose legal counsel cf its sole cheice,the the extent necessary for SEI to perform the Services shall be invoiced at SEI per call rates,terms and conditions fees for which shall be reasonable and subject to and required hereunder. Waivers of liability or other restrictions in effect when the service is performed, included with this indemnification provided herein. This shall not unreasonably be imposed as a requirement for section shall survive termination,of this Agreement. access to the site. (4) SEI may adjust the applicable charges for Equipment covered under this Agreement upon the anniversary date of (3) Customer shall ensure that a Customer's representative is this Agreement. present during service by personnel. Service Express,inc. Terms and Conditions 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 judoment. 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 ripcords 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 ard necessarily would he 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 110,Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are 8. GENERAL excerpt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition,Contractor shall meet at (1) The terms and conditions of this Agreement shall prevail requirements for retaining public records and transfer,at over the terms and conditions of any order submitted by no cost,to the City all public records in possession of the Customer for maintenance services under this Agreement. Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential (2) This Agreement supersedes all prior service agreements and exempt from public records disclosure requirements, and understandings between the parties with respect to All records stored electronically must be provided to the Equipment covered hereunder.This Agreement may not City in a format that is compatible with the information be changed or terminated orally, technology systems of the City. If Contractor does not comply with a public records request,the City shall have (3) It is expressly understood that if either party,on any the right to enforce the provisions of this Paragraph. In the occasion,fails to perform any provision of this Agreement, event that Contractor fails to comply with the provisions of and the other party does not enforce that prevision,the this Paragraph,and the City is required to enforce the failure to enforce on that occasion shah i not prevent provisions of this Paragraph,or the City suffers a third enforcement on any other occasion. party award of attorney's fees and/us damages for violating the provisions of Chapter 119,Florida Statutes due to (4) During the term of this Agreement and for a period of one Contractor's failure to comply with the provisions of this year from the date of its terminates,Customer shall not Paragraph,the City shall be entitled to collect from knowingly empioy,as an employee or contractor,any SEI Contractor prevailing party attorney's fees and costs,and employee, any damages incurred by the City,for enforcing this Paragraph against Contractor. And,if applicable,the City (5) Neither party shad assign this Agreement unless consented shall also be entitled to reimbursement of any and all to in writing by both parties. attorney's fees and damages which the City was required to pay a third party because of Contractor's future to comply (6) Standard of Care.In performing services hereunder,III with the provisions of this Paragraph. This Paragraph shall will use that degree of care and skill ordinarily exercised; survive the termination of this Agreement. under similar circumstances by reputable members of its profession practicing in the same or similar locality. (7) Governing Law and Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shah 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 expressiy waived.