Loading...
STANDARD MAINTENANCE AGREEMENT A ! ~ .- ~, Job# SOUTHEASTERN TELECOM. INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc" "STI" and City of Clearwater (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 100 South Myrtle Ave, Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT ..- This Agreement shall begin on the day of ~ LM\.l J 3 , 2005,and shall continue for a period of twelve (12) months. Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms. Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice, PRICE AND PAYMENT TERMS Customer shall pay STI $ 3,590.80 permonth plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 21,544.80 or annually $ 40,935.12 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE. CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COPY OF THIS AGREEMENT, A FACSIMILE COpy OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Q 1 Q Descri tion Covera e: 24/7/365 Re air Service: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, By: 4 ~ - '22:7 - oS- Date STI: SOUTH~~~. 2M- d ~~~_~/lCrk~ CUSTOMER: By: Title: 6/23/2005 7:39 AM File: Maint Agreement Summary 2005 - City of Clearwater Standard Main!. ! 1. MAINTENANCE SERVICE OBLIGATIONS OF (S.T.!.) SOUTHEASTERN TELECOM, INC. As long as Customer is not in default (as defined below) under this Agreement or any other agreement, obligation or indebtedness between Customer and STI, STI shall provide such services and repairs as are reasonably necessary to keep the Equipment installed on the Premises in efficient operating condition, STI will provide competent, professionally trained service personnel available on a twenty-four (24) hour, seven (7) days per week basis, STI shall respond to minor malfunctions on the Equipment on the average within twenty four (24) hours of receipt of notice from the Customer requesting service Monday through Friday. STI shall respond to major system failures within an average of four (4) hours of Customer's request for emergency service being received by STI. Emergency service is defined as that necessitated by a major failure of the system to operate as required. All repairs are subject to Customer providing STI access to its Premises and Equipment. 2. SERVICE TO BE PROVIDED Services to be provided under this Agreement include the following: (a) all parts and labor necessary to maintain listed Equipment in efficient operating condition; (b) travel time to and from the Customer's premises. 3. MAINTENANCE PAYMENTS The maintenance payments for the services provided herein are based upon the Equipment Itemization. As the type and quantity of the Equipment is changed, increased or decreased, the maintenance payment shall be changed accordingly. The increase or decrease arrived at pursuant to this section shall reasonably reflect the changes in the Equipment Itemization, Maintenance charges for equipment added during the contract terms will be billed for the remainder of the contract term, After any increase or decrease in the maintenance payment is determined pursuant to this section, the maintenance payment may also be further adjusted to reflect STI's then current service rates in the area in which the Equipment and software is installed. 4. CUSTOMER'S REMEDIES; LIMITATION OF LIABILITY tJ 0)~ In the event of STI's material breach of this Agreement, Comer may cancel this Agreement by providing STI written notice. In the event of such breach, the parties hereby agree that it would be difficult, if n mpossible, to determine the amount of damages, if any, sustained by the Customer. Accordingly, STI and Customer agree that the amount of Iiqui amages to the Customer will be the lesser of one (1) year of maintenance payments or the amount of maintenance payments paid by the Customer, if less; provided, however, that STI shall have no liability for such damages unless Customer first gives STI written notice of the alleged breach of this Agreement and permits STI thirty (30) days from the date of the notice to cure such breach. Notwithstanding the above, STI shall not, under any circumstances, be liable for consequential damage for commercial or business loss or interruption, whether or not it has been informed of the possibility of such damages or losses including, but not limited to, those caused by call accounting systems. The maintenance payments for the services provided herein are based upon the Equipment Itemization. As the type and quantity of the Equipment is changed, increased or decreased, the maintenance payment shall be changed accordingly, The increase or decrease arrived at pursuant to this section shall reasonably reflect the changes in the Equipment Itemization, Maintenance charges for equipment added during the contract terms will be billed for the remainder of the contract term. After any increase or decrease in the maintenance payment is determined pursuant to this section, the maintenance payment may also be further adjusted to reflect STl's then current service rates in the area in which the Equipment and software is installed. EXCLUSIONS FROM SERVICE The Equipment, or parts and items thereof, which have been abused, willfully or accidentall}!, neglected or have been damaged by misuse, negligence, deterioration of the environmental standards (heating/cooling/ventilation), accident, vandalism, theft or unexplained loss, fire, flood, wind or water damage, lighting damage, Acts of God or public enemy, pest damage, explosion, power blackout, earthquake, war, connection to direct electrical current, materials required because of failure of/or variances in commercial electrical power, or services or repairs made necessary because of wiring, installation, repair, replacement, additions or alteration by anyone other than STI. are excluded from this Agreement and STI shall not be responsible therefore. Repairs required as a result of any of the foregoing shall be made by STI upon request from Customer for which Customer shall be responsible to pay STI's then current rates, The Customer hereby grants STI, its employees and agents, full and unrestricted access to the Equipment requiring service. 5, SERVICES NOT INCLUDED Services not included in this Agreement include relocation, changes, additions and moving of Equipment, the cost of software upgrades and enhancements, and any services performed on ancillary equipment such as paging systems and batteries, headsets, printers and non-proprietary cordless phones. STI shall, upon Customer's request, provide services for relocation, changes, .addltions or moving of the Equipment, available software upgrades and enhancements, and any services performed on ancillary equipment such as paging systems, at STI's then current rates, which shall be in addition to the maintenance payment provided in this Agreement. 6. UNCONTROLLABLE CIRCUMSTANCES If performance by STI of any part of this Agreement is prevented, hindered, delayed or otherwise made impractical by reason of any cause beyond the control of STI. STI shall be excused from such performance to the extent that is prevented, hindered or delayed by such causes. 7. NOTIFICATION Customer agrees to advise STI promptly of any changes in the location of any Equipment covered by this Agreement. If Customer moves any Equipment or modifies any Equipment covered by this Agreement and such move or modification is made by anyone other than a STI employee, such action may, at STI's sole discretion, result in immediate termination of this Agreement and all obligations of STI pursuant hereto. Any costs incurred by moves or modification will be charged to Customer at STl's then current rates, 6/23/20057:09 AM 1 of 2 File: Maint Agreement Summary 2005 - City of Clearwater Stand, Maint T&C ,'l" . I 8. CUSTOMER AGREES AND WARRANTS: (a) To follow all STI installation operation and maintenance instructions; (b) To see that the original software program identification marks or labels are not removed or altered in any way; c) To have an authorized representative available upon STI's arrival to provide information on services to be performed; (d) To provide access to Equipment and portions of Customer's Premises to enable STI to provide maintenance; (e) To ensure dedicated A.C. electrical circuits are provided for all direct and indirect connections to the Equipment; and (f) To provide suitable electrical grounds as needed for use with the Equipment. 9,DEFAULT Customer shall be in default hereunder upon the occurrence of any of the following events: (a) The nonpayment when due of any amount or installment payable hereon or any other agreement or indebtedness between Customer and STI; (b) The nonperformance, nonobservance or breach of any promise, covenant or warranty contained herein or in any other security or agreement between Customer and STI; c) If any warranty, covenant, representation or statement made or furnished toSTI is false or misleading in any material respect; (d) If Customer does or attempts to: (i) conceal, misuse, or dispose of the Equipment; (ii) allow anyone other than STI or its representative(s) to install, service, repair, replace, add to or alter the Equipment; (iii) use or allow use of the Equipment in any manner or for any purpose prohibited by law or by policy of insurance thereon; or (iv) if the Equipment is damaged and permitted to remain in. such damaged condition for thirty (30) days after occurrence of the act causing such damage; (v) if the Equipment or any interest threin is attached, levied upon or seized in any legal proceedings or otherwise, or held by virtue of any lien, attachment or distress; (vi) upon the death, dissolution, termination of existence, insolvency, assignment for the benefit of creditors or the commencement of any bankruptcy, reorganization, receivership or insolvency proceedings by or against Customer. Therein is attached, levied upon or seized in any legal proceedings or otherwise, or held by virtue of any lien, attachment or distress; (vi) upon the death, dissolution, termination of existence, insolvency, assignment for the benefit of creditors or the commencement of any bankruptcy, reorganization, receivership or insolvency proceedings by or against Customer. 10..STI's RIGHTS UPON DEFAULT Upon the occurrence of any default hereunder, all unpaid amounts shall at STl's option, without notice, immediately become due and payable, STI may, at its option, exercise, from time to time, any or all of the rights and remedies available under the Uniform Commercial Code, or otherwise by law or contract, including the right to immediate termination of this Agreement or any other agreement with Customer. In addition to other rights possessed by it, STI shall have the right to be exercised at any time and in the sole direction of STI, to pledge or transfer this Agreement and any renewals, extensions or modifications thereof, assigning therewith STI's rights in the Equipment or any portion thereof. 11. MODIFICATIONS OR AMENDMENTS No modifications or amendments to this Agreement shall be binding upon either party unless submitted in writing and signed by an appropriate officer of both parties. This Agreement sets forth the entire agreement between STI and Customer with respect to the maintenance of the Equipment and supersedes any prior agreements and negotiations between the parties, Neither party is relying upon any representations, agreements or covenants of the other party or any third party not embodied herein, 6)' ~ <:'11 12. GENERAL l="~'b I ' This Agreement. shall be governed by the laws of the State of T~see. Customer may not assign its rights or delegate its obligations under this Agreement without the prior written consent of STI. In the event of the invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and STI and Customer agree to substitute for the invalid provision a revised provision which most closely approximates the economic effect and intent of the invalid provision. Purchaser Seller See """- I = .. 5 'l'..=.:t" v 'Ie. "\ "'I ~ 6/23/20057:09 AM 20f2 File: Maint Agreement Summary 2005 - City of Clearwater Stand, Maint T&C , . , Job# SOUTHEASTERN TELECOM. INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc., "STI" and City of Clearwater Municipal Services (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 100 South Myrtle Ave. Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT This Agreement shall begin on the day of , 2005,and shall continue for a period of twelve (12) months. Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms, Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice. PRICE AND PAYMENT TERMS Customer shall pay STI $ 1,105.00 per month plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 6,630.00 or annually $ 12,597.00 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE, CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COPY OF THIS AGREEMENT. A FACSIMILE COpy OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Oty Description Otv Descriotion 1 Nortel ODtion 61 650 @ $1.70/Port = $1,105.00 Coveraae: 24/7/365 ReDair Service: Service Moves. Adds and Chanaes (MAC): $80.00/hr w/$15.00 Trip, Charae IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, STI: SOUTHEASTERN TELECOM, INC. CUSTOMER: By: / / ,/ By: Title: Title: '5 e. e -::" 3 ho.J...." e..- f ~ ~ 6/23/20057:13 AM File: Maint MSB 2005 Standard Maint ~. - . . Job# SOUTHEASTERN TELECOM. INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc., "STI" and City of Clearwater Police Department (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 645 Pierce Street, Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT This Agreement shall begin on the day of , 2005,and shall continue for a period of twelve (12) months, Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms, Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice. PRICE AND PAYMENT TERMS Customer shall pay STI $ 2,072.70 per month plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 12,436.20 or annually $ 23,628.78 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE. CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COPY OF THIS AGREEMENT. A FACSIMILE COpy OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Qtv Descriotion Qtv Description 1 Nortel Option 81 1031 @$1.70JPort= $1,752.70 1 Call Pilot Voice Mail Svstem 40 Ports @$8.00JPort = $320.00 Includes Crash Kit to be kept on site Reoair Service: Service Moves. Adds and Chances tMAC\: $80,OO/hr w/$15.00 Trip CharQe IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, STI: CUSTOMER: Title: By: SOUTHEASTERN TELECOM, INC By: Title: S E- e.. ":> l 3 "-,.,..... +- ..., 1e.. f "--j e.. 6/23/20057:13 AM File: Main! Police Dept 2005 Standard Main!. ~., Job# SOUTHEASTERN TELECOM. INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc" "STI" and City of Clearwater Public Works Complex (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 1650 N. Arcturas Ave. Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT This Agreement shall begin on the day of , 2005,and shall continue for a period of twelve (12) months, Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms. Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice, PRICE AND PAYMENT TERMS Customer shall pay STI $ 166.60 per month plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 999.60 or annually $ 1,899.24 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE. CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COPY OF THIS AGREEMENT. A FACSIMILE COPY OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Qtv Description Qtv Description 1 Nortel Option 11 98 (W $1.70/Port = $166.60 Repair Service: Service Moves Adds and Chances (MAC): $80,OO/hr w/$15,OO Trip Charge IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. STI: CUSTOMER: SOUTHEASTERN TELECOM, INC. By: / / I By: / / / Title: Title: S;ce. S'5 ~o.....b_L{C. p~e 6/23/20057:13 AM File: Maint Public Works 2005 Standard Maint , , ~., Job# SOUTHEASTERN TELECOM. INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc" "STI" and City of Clearwater Solid Waste Department (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 1701 N, Hercules Ave, Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT This Agreement shall begin on the day of , 2005,and shall continue for a period of twelve (12) months. Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms. Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice, PRICE AND PAYMENT TERMS Customer shall pay STI $ 96.90 per month plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 581.40 or annually $ 1,104.66 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE. CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COpy OF THIS AGREEMENT. A FACSIMILE COpy OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Otv Descriotion Otv Descriotion 1 Nortel ODtion 11 57 @$1.70/Port= $96.90 Reoair Service: Service Moves. Adds and Chanaes (MAC\: $80,OO/hr w/$15.00 Trio Charae IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. STI: CUSTOMER: SOUTHEASTERN TELECOM, INC. By: / / / By: / / / / Title: 5e..e Title: SfJt"\~ P~e.. 6/23/20057:13 AM File: Maint Solid Waste 2005 Standard Main!. ..... l Job# SOUTHEASTERN TELECOM, INC. STANDARD MAINTENANCE AGREEMENT Southeastern Telecom, Inc., "STI" and City of Clearwater Gas Department (the "Customer") agree on the day of May 13 , 2005, that STI shall provide maintenance services on the equipment (the "Equipment") as itemized below (the Equipment Itemization") which is installed on the Customer's Premises at 400 N, Myrtle Ave, Clearwater, Florida (the Premises"), and Customer shall pay STI for such services as described in this agreement. TERM OF AGREEMENT This Agreement shall begin on the day of , 2005,and shall continue for a period of twelve (12) months. Thereafter, this Agreement shall automatically renew from year to year on the anniversary date for additional one (1) year terms. Either party may terminate this Agreement at any time by giving the other party at least sixty (60) days written notice. PRICE AND PAYMENT TERMS Customer shall pay STI $ 149.60 per month plus applicable taxes for STI performance of its maintenance obligations under this Agreement. Please choose how you wish to be billed by checking one of the following: Semi Annual $ 897.60 or annually $ 1,705.44 (5% Discount for Annual Payment) The maintenance payment may change as provided for in the terms and condition of this Agreement. THIS AGREEMENT CONSISTS OF TWO PAGES AND THE TERMS AND CONDITIONS SET FORTH ON THE SECOND PAGE ARE INCORPORATED HEREIN BY REFERENCE, CUSTOMER AGREES TO THE TERMS AND CONDITIONS HEREOF AND ACKNOWLEDGES RECEIPT OF A COMPLETED, FILLED-IN COPY OF THIS AGREEMENT. A FACSIMILE COPY OF THIS AGREEMENT SHALL BE DEEMED AS THE ORIGINAL. EQUIPMENT ITEMIZATION Qtv Descriotion Qtv . Descriotion 1 Nortel ODtion 11 88 (i7) $1.70/Port = $149.60 Hours of Coveraae: 24/7/365 ReDair Service: Service Moves Adds and Chanaes (MAC): 1$80.00/HR w/$15.00 Trio Charge IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above, STI: CUSTOMER: SOUTHEASTERN TELECOM, INC. ;; ~ ~ Title: Title: 5ee. s l'~ 'f\CLLn:.. I~ c:. 6/23/20057:12 AM File: Maint Gas Department 2005 Standard Maint.