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Home My WebLink AboutContract 40543CITY SECRETARY . S � � CONTRACT NO. C /YARL�W� TECHNOLOGY SERV/CES Onsite Maintenance Agreement 1. Harland Technology Services ("HTS"), a division of Scantron Corporation, by its acceptance signature on this Onsite Maintenance Agreement (the "Agreement"), agrees to maintain the equipment described on the attached Equipment Schedule (the "Equipment") for: Name: City of Fort Worth Address: 1000 Throckmorton Street City/State/Zip: Fort Worth, Texas 76102 Phone: 817-392-7648 (hereinafter "Customer'), for the period through subject to the following terms and conditions: 2. HTS will render service to repair or replace parts necessary to keep the Equipment in proper operating condition and will make necessary adjustments to keep the Equipment in proper operating condition. 3. Customer, by its acceptance signature hereon, agrees to furnish HTS with quantities, model numbers, and when possible, serial numbers for the units to � be covered. Customer also agrees to notify HTS of modifications to the Equipment inventory. �,p'CL�Zl-p� 4. Preventive maintenance and cleaning inspections will be performed according to HTS' published Preventive Maintenance Schedule. .qt 5. Replacement parts will be provided at no charge except for those parts which by their nature are considered consumable (example: rib bands, organic photo conductor kits, thermal printheads, etc.). Manufacturer specified supply and maintenance items on color laser _ p e.� fuser assemblies, transfer units, etc.) are not covered. HTS may use replacement parts from other manufacturers as long as they ��xce the original manufacturer's specifications. Replacement of laptop LCD display parts and terminal video screen parts are not covered onance to The labor to repair such items is included under this Agreement. Covered portable devices will be repaired via depot rather than � S agrees to maintain the stock of parts at its location it considers adequate to maintain the Equipment. e 6. Customer, by its acceptance signature hereon, agrees to notify HTS by telephone or in writing of all service call requests. HTS �C�o res n o those calls in a timely manner (for phone responses within one (1) hour after receipt of request, for onsite response within eight (8) rs�r re e' t o request). °�, 7. Service calls will be made at Customer's premises during regular business hours defined as Monday through Friday between 8 A.M. a� cfras8�sb' Time except for HTS' observed holidays. The cost of mileage and labor to affect such service calls will be borne by HTS. � �� 8. Costs of mileage and labor necessary to make service calls other than during normal business hours will be charged to Customer separa��l�� then current rates. 9. Maintenance provided under this Agreement shall extend to service, repairs and replacements made necessary by normal wear and usage of the Equipment. Maintenance provided under this Agreement shall not include any service, repairs or replacements required or made necessary as a result of electrical power failure, fire, theft, software virus, water, casualty, employee negligence, abuse, misuse, inadequate or inappropriate environment, room size, inadequate ventilation, or other external forces. 10. HTS warrants that the maintenance services provided under this Agreement will be provided in a professional and workmanlike manner. HTS' responsibility under this Agreement is limited to providing service, replacement or repair in full satisfaction of all of Customers claims relating to the maintenance services. HTS DOES NOT WARRANT THAT CUSTOMER'S USE OF THE EQUIPMENT WILL BE SECURE, UNINTERRUPTED, OR ERROR -FREE OR THAT DEFECTS IN THE EQUIPMENT WILL BE CORRECTED. THE WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION 10, ARE EXCLUSIVE AND ARE IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF HTS. CUSTOMER HEREBY WAIVES ALL OTHER RIGHTS AND REMEDIES WITH RESPECT TO ANY SERVICE, MAINTENANCE OR OTHER ITEM FURNISHED BY OR ON BEHALF OF HTS UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Except for damages for personal injury or property caused by HTS or its employees, HTS' entire liability, whether in contract, tort (including negligen product liability, strict liability, or other legal or equitable theory, for any claim arising from or related to this Agreement or any maintenance, services other items furnished or to be furnished under this Agreement, will in no event exceed the fees paid to HTS by Customer for such services during t twelve (12) month period immediately preceding the occurrence of the event giving rise to the cause of action. No action related to this Agreement m be brought more than four (4) years after the occurrence of the event giving rise to the cause of action. IN NO EVENT WILL HTS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR LOST DATA, LOST PROFITS, INTEREST O COST OF MONEY; OR FOR COVER; OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING O OF HTS' PERFORMANCE OR NONPERFORMANCE OR THE USE OF, INABILITY TO USE OR RESULTS OF USE OF ANY ITEM C;�'. MAINTENANCE OR SERVICES. 12. During the term of the Agreement, and for a period of one (1) year thereafter, neither party shall hire personnel of the other party involved in the efforts performed hereunder, without the express written consent of the other party. 13. Customer further agrees to pay net due invoices rendered by HTS within thirty (30) days of the invoice date in consideration of the above -described service. Interest will be assessed on all outstanding balances at the rate of 1.5%per month, or the maximum rate allowed by law, whichever is less. 14. This Agreement shall become effective upon acceptance by both parties. It shall remain in effect for the period stated and be automatically extended for successive periods of one year unless and until terminated. However, either party may, at any time, terminate this Agreement upon ninety (90) days�„o written notice. If terminated, HTS will in turn prorate on a basis of 1/12 per month, the unused portion of any fee which has been paid. 15. HTS shall indemnify, defend and hold Customer harmless from any claim, cause of action or liability incurred by Customer as a result of claims fov�q personal injury, death or damage to tangible personal property, to the extent caused by HTS' negligence or willful misconduct. HTS shall have the sol authority to direct the defense of and settle any indemnified claim. HTS' indemnification is conditioned on Customer (a) promptly, within ninety (90) day of Customer's knowledge (or the date on which Customer should have known) of a claim, notifying HTS of any claim, and (b) providing reasonabl cooperation in the defense of any claim. 16. This Agreement shall be governed by the laws of the State of Texas. 17. Customer and HTS each shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions. (3TY EQUIPMENT DESCRIPTION EACH (2) Troy 4515TN Printer $ 2,125.00 The cost of the maintenance services under this Agreement will be 4 250.00 for five (51 vears or $850.00/annually. .1� By: Name: Date: l#SSi Stant. C°i f.y�jRH��3z BP CODE: N/A 2020 South 156th Circle Omaha, Nebraska 68130 • PO Box 45550 Omaha, Nebraska 68145=0550 O PH (800) 228-3628 • PH (402) 697-3000 • FX (402) 697-3350 p� www.HarlandlhchnologyServices.com a! SERVICES �.f Name: �/Pl✓/r� ✓. 0 /.��=e�7Z1.9 Date: to —Z.4L /D ,, � iq 6/24/10-prd `- ` HARLAND TECHNOLOGY SERVICES — Onsite Maintenance Agreement (Rev. onnsvoal - - THIS AGREEMENT HAS BEEN MODIFIED FOR THE CITY OF FORT WORTH ARY AND