SERVICES AGREEMENT
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U.S. TECHNOLOGIES SERVICES AGREEMENT
Agreement Number: 040193002
1. Coveraee.
U.S. Technologies, Inc. ("UST") shall provide the City of Clearwater ("Customer") technical
service at specified installation locations.
2. Scope of Services.
(a) Technical Service (Hourly), IT ordered by !he Customer, UST shall provide the
Customer wi!h on site technical service during the term of !his Agreement. UST shall
provide such technical service during UST's nonnal work hours of 8:00 a.m. to 5:00
p.m., Eastern time, Monday through Friday, excluding the following holidays: New
Year's Eve, New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and the following day, Cbrisbnas Eve and Cbrisbnas Day. Time per
call will be billed a minimum 60 minutes for travel time wi!h 15 minutes increments to
follow. UST's then current hourly rate will apply, after hours and weekend service calls
will be billed at one and a half times the currently hourly rate. .
(b) Full Support. Prior to first service call UST shall be provided wi!h the Customer's
basic requirements and standard configurations. UST requests a 3 to 5 days notice for
scheduling a service call. In emergency situations, UST will provide a 24 hour
response time with a ten percent (10%) surcharge on billing for emergency services
rendered.
(c) Vince Collie of UST will be Project Coordinator. All work done by UST employees
will be authorized and confmned by Vince Collie. UST employees will have
completed a minimum of the Novell Au!horized Service & Support class and/or 3.11
System Administrator class as the specific job will require.
(d) All work performed by UST will be to t.be specifications of the Customer.
(e) Time frames, Attachment A, estimated are based on optimum conditions for standard
installations of similar or like products and !here fore are considered "approximations."
Any, and all, time overruns will be documented and verified.
(0 Signatures for job completion are required on all work performed by UST's Technicians
and/or Engineers.
3. Tmn.
(a)
The initialte
Customer
. on !he date of acceptance by !he
(b) This Service Agrecmen renewed by the Customer for subsequent renewal terms
of one (1) year at the end of !he initiallerm or any renewal term by providing UST wi!h
at least t.birty (30) days written notice prior to the expiration of the term.
5915 Aenjamin Center Drive. Tampa, Florida 33634. Phone (813) 881-1901 Fax (813) !J84-3564
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4. Payment and Prices.
(a) Customer shall pay to UST the hourly rate of $42.00 with 15 minute increments with
one (1) hour for travel at the current hourly rate, there will be no required minimum
charge with the exception of travel time for technical service as specified 3(a). The
maximum amount to be paid under this contract shall be $3,500.00.
(b) UST reserves the right to change prices for any renewal term of this Agreement by
. providing Customer with sixty (60) days written notice prior to any increase or decrease
in the annual charge.
5. Termination Provision.
(a) Default. In the event of a default of this Agreement by either party which remains
uncorrected for thirty (30) days after written notice of such default is given by either
party to the defaulting party. .Failure to pay for service is a default of this Agreement
(b) This contract can be cancelled upon a 30 days written ootice by either party.
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Excused Performance.
6.
UST shall not be responsible for failure to perform, or delayed performance of its obligations
hereunder to the extend that such failure is due to causes beyond UST's control and occurring
without fault or negligence of UST, such causes including, but not limited to, acts of God, war,
acts of any government or any subdivision thereof, fIre, explosions, epidemics, quarantine
restrictions, riots, strikes, labor disputes, lock-outs, embargoes, severe weather conditions,
delays in transportation, shortages or materials or delays of supplies or subcontractors, or similar
causes.
7. General Provisions.
(a) Total Aereement. This Agreement supersedes any prior agreements, written or oral,
between the parties and contains the entire understanding between the parties relative
software subscription service or technical service and, except as provided herein, may
be amended or al~red only by execution of an instrument in writing.
(b) Waivers. In event of any default by Customer, UST may decline to perform any
further maintenance and service without in any way affecting its rights under this
Agreement. If, despite any default by Customer, UST elects to continue to perform
service, its actions shall not constitute a waiver of any default by Customer or in any
way affect HST's legal remedies for default.
(c) Attorney's Fees and Collection .Costs. If UST employs an attorney or collection
agency, or both, to collect an amount owed by Customer under this Agreement,
Customer shall pay UST the amount of such fees incurred in addition to any other relief
to which UST ~y be entitled.
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ATTACHMENT A
CITY OF CLEARWATER SERVICE CONTRACT
TIME FRAMES
TASK
Setting Up PC
(Includes hooking up monitor, power and keyboard)
1) Assuming without Hard Drive:
A) Installation of Hard Drive
B) Formatting Hard Drive
C) Installation of DOS
D) Installation of Windows
2) Network Workstation.
A) Installation of Network Interface Card
B) Generate Shells
C) Setup user on network:
Includes the following:
I) Directories .
2) Login Scripts
3) Security
.
As specified by the City of Clearwater.
3) File Server Setup
A) Installation of Hard Drive and Configuration of Hard Drive
B) Installation of Network Interface Cards
C) Setup HUB Concentrator
D) Installation of Novell Operating System
E) Setup Security and System Login Script
F) Install Application(s) Software
G) Setup Users on network
Includes the following:
I) Directories
2) Login Scripts
3) Security
II) Setup Print Server
· To be determined.
o PlUNTED ON DCYaED PAI'EIl
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MINUTES.
30
30
30
30
30
30
30
30 to 60
60
30
30
120
60
.
30 to 60 per User
30 to 60
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(d) Unenforceable Provision. If any portion of this Agreement sball be determined to be
invalid and unenforceable,the remainder sball be valid and enforceable to the extent
possible.
(e) Assi2nmenl. Customer's rights and obligations under this Agreement sball not be
assignable by Customer, in wbole or in part, by operation of law or otherwise, without
the prior wrillen consent of UST.
Customer agrees to purcbase and U.S. Tecbnologies, Inc. agrees to furnisb, at the installation location
specified, on site service on the above-listed in accordance with the tenns and conditions specified.
Customer represents that be bas read this Agreement, including tenns and conditions on the reverse side,
understands it, and agrees to be bound thereby.
BUYER
U.S. TECHNOLOGIES, INC.
Accepted by:
Nmne: George McKibben
Accepted by:
Name:
Title:
Pur~nasing Manager
May 24, 1993
Title:
Date:
Date:
o PRINTED ON IlECYam PAPER