SERVICES AGREEMENT (2)
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u.s. TECHNOLOGIES SERVICES AGREEMENT
Agreement Number: 110993008
1. Coverage.
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). If ordered by the Customer, UST shall provide the
Customer with on site technical service during the term of this Agreement. UST shall
provide such technical service during UST's normal 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, Christmas Eve and Christmas Day. Time per
call will be billed a minimum 60 minutes for travel time with 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 with 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 confirmed by Vince Collie. UST employees will have completed a
minimum of the Novell Authorized 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 the specifications of the Customer.
(e) Time frames, Attachment A, estimated are based on optimum conditions for standard
installations of similar or like products and therefore are considered "approximations."
Any, and all, time overruns will be documented and verified.
(f) Signatures for job completion are required on all work performed by UST's Technicians
and/or Engineers.
3. Term.
(a) The initial term of this Agreement shall begin on the date of acceptance by the Customer
and ends January 31, 1994.
(b) This Service Agreement may be renewed by the Customer for subsequent renewal terms
of one (1) year at the end of the initial term or any renewal term by providing UST with
at least thirty (30) days written notice prior to the expiration of the term.
8160 Woodland Center Boulevard. Tampa, Florida 33614. Phone (813) 881-1901 · Fa~J.8,~3) 884-3564
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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 notice by either party.
6. Excused Performance.
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 Agreement. 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 altered 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 UST's legal remedies for default.
(c) Attorney's Fees and Collection Costs. IfUST 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 may be entitled.
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(d) Unenforceable Provision. If any portion of this Agreement shall be determined to be
invalid and unenforceable, the remainder shall be valid and enforceable to the extent
possible.
(e) Assignment. Customer's rights and obligations under this Agreement shall not be
assignable by Customer, in whole or in part, by operation of law or otherwise, without
the prior written consent of UST.
Customer agrees to purchase and U.S. Technologies, Inc. agrees to furnish, at the installation location
specified, on site service on the above-listed in accordance with the terms and conditions specified.
Customer represents that he has read this Agreement, including terms and conditions on the reverse side,
understands it, and agrees to be bound thereby.
BUYER
U.S. TECHNOLOGIES, INC.
Accepted by:
Accepted by:
Name:
Name:
Title:
Title:
Date:
Date:
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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:
1) 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:
1) Directories
2) Login Scripts
3) Security
H) Setup Print Server
* To be determined.
MINUTES*
30
30
30
30
30
30
30
30 to 60
60
30
30
120
60
*
30 to 60 per User
30 to 60
8160 Woodland Center Boulevard. Tampa, Florida 33614. Phone (813) 881-1901 · Fax (813) 884-3564
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ATTACHMENT A
(Continued)
CITY OF CLEARWATER SERVICE CONTRACT
TIME FRAMES
TASK
4) Miscellaneous
A) Upgrading Motherboard
B) Installation of Digitizers
C) Installation of Printers
1) On a "Standalone PC"
2) On a "Network"
3) Plotter on a "Standalone PC"
4) Plotter on a "Network"
D) Modem
E) UPS
F) Upgrade Netware 2.1x server to Netware 3.11 server
* ESTIMATED TIMES
MINUTES *
60 to 120
60
30
30 to 60
30
30 to 60
30
30
6 Hours
8160 Woodland Center Boulevard. Tampa, Florida 33614. Phone (813) 881-1901 · Fax (813) 884-3564