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Home My WebLink About103-01 RESOLUTION• RESOLUTION NO. 103-01 A RESOLUTION APPROVING AN ANNUAL MAINTENANCE AGREEMENT IN THE AMOUNT OF TEN THOUSAND FOUR HUNDRED SEVENTY-SIX DOLLARS ($10,476.00) WITH SYSTEM RESOURCES, INC. FOR MAINTENANCE OF SYSTEM PRINTERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Approves an annual Maintenance Agreement in the amount of Ten Thousand Four Hundred Seventy -Six Dollars ($10,476.00) with System Resources, Inc. for maintenance of system printers. Section 2. That the City Council hereby authorizes the Mayor or his duly authorized representative to sign such a contract with System Resources, Inc. PASSED AND APPROVED this 17th day of July, 2001. ATTEST: APPROVED: By:Q.f/t 8 / DAN COODY, May By: A/ �' EATHER WOODRUFF, Cli Clerk • NAME OF FILE• Resolution No. 103-01 • CROSS REFERENCE: 07/17/01 Resolution No. 103-01 01/01/01 Maintenance Agreement with Systems Resources, Inc Staff Review Form 07/23/01 Departmental Correspondence to Scott Huddleston, Information Technology, from Heather Woodruff, City Clerk NOTES: w w 423 Rogers Avenue, Ste.# 200 * Fort Smith, Arkansas 72901 (501) 783-4499 * Fax: (501) 783-2096 �rirrce /96e,2 MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT between System Resources, Inc. (SRI) an Arkansas company having offices in Fort Smith, AR, and City Of Fayetteville (Customer's hull Legal Name) (The "Customer") oft 113 West Mountain * Fayetteville Arkansas 72701 (Customer's Address) Customer Contact Name: Scott Huddleston Telephone: 501-575-8217 SRI hereby provides and Customer hereby accepts, subject to the terms and conditions hereof, maintenance service for the data processing machine(s) and features listed below (herein referred to individually as the "Machine" and collectively as the "Machines"): SCHEDULE OF MACHINES: Monthly AGREEMENT NUMBER: M1953W ITEM 4'O QTY TYPFIMODEL Fr4TTIRF MDF SERIAL MIMRFR DESCRIPTION ITEMS MONTHLY MAI TFNANCF ('HARGE 1 2 4234/002 * IBM 4234/002 Printers ($70.00 each) $140.00 2 2 4234/012 * IBM 4234/012 Printers ($97.00 each) $194.00 3 1 5262 * IBM 5262 Printer $115.00 4 1 6400/008 * IBM 6400/008 Printer $ 70.00 5 1 6400/012 * IBM 6400/012 Printer $ 97.00 6 1 6400/014 * IBM 6400/014 Printer $ 97.00 7 2 HP5SI * HP LaserJet 5S1 Printer ($22.00 each) $ 44.00 8 2 HP8100 * HP LaserJet 8100 Printer ($29.00 each) $ 58.00 9 1 HP750C+ * HP DesignJet 750 C Plus Plotter $ 29.00 10 1 HP755 * HP DesigJel 755 Plotter $ 29.00 Location of Machine(s) (if different from above) Total MaintenanceCharge $873.00/per month Initial Tenn 12(nlwtnr) months Commencement Date- January 111, 1001 Special Billing: *MONTHLY *QUARTERLY XX *YEARLY Customer acknowledges that it has read this Agreement, understands it and agrees to all terms and conditions stated herein. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be signed by their respective duly authorized representatives. Date Prepared: March 08,2001 Prepared By: Donna Patton Accepted by: Accepted by: JzGyirn✓LedaiaxcP�� 2c. ZO/� By: By: Naty Kelleen Weaver Name: Title: Vice President Title: Date: lune 12, 2001 Date: Dan Coody gdr Mayor The Additional terms and conditions on the reverse side hereof and on the following pages are incorporated in and made part of this agreement. Any additions or deletions to this contract must be in writing. L TERM OF AGREEMENT 0) The tam of this agreement shall commence on the Commencement Date, shall continue for the initial Term stayed on the reverse side of the Agreement (the "initial Term") and shall continue thereafter until terminated (2) During the initial Tam, Customer may terminate this Agreement or withdraw idividual Machine(s) from this Agnemat by mailing written notice of its termination or withdrawal to SRI not less than thirty (30) days prior to such termination a withdrawal date. Customer shall tequila In rude written notice a statement that its selling the Machine(s) or discmnvmrzg use of the Madrnmds) terminated withdrawn (3) This Agreement may be terminated or individual Machine(s) may be witldmwn without mm at the end of the initial Term or thereafter by either party inailmg written ®We of such termination or withdrawal to the other piety not las than thirty (30) days prior to such terminatio or withdrawal date. THE FOLJ+ TERMS AND CONDITIONS SHALL APPLY TO THIS AGREEMENT • 2. MAINTENANCE SERVICE SRI shall provide maintenance service, subject to the terms and conndtiorn hereinafter provided in Section 3 hereof to keep the Machine(s) in good working order. Such maintenance service shall include; (1) scheduled preventive maintenance based upon the specific needs of the individual Machine® as determined by SRL (2) IJscheduld on-call remedial maintenance, including lubrication, adjmmnem end replacers of maintenance pets deemed neamsmy by SRL Maintenance parts shall be furnished on an exchange beer regardless of the time f installation by SRI and such pans shall be new or egaivalrm to new in performance when used in the Machine(s) subject to this Agreement. Replaced pats shall become the property of SRL SRI shall have the right to provide a mechanic replamet for any Madrive(s) subject to this Agreement. Such mechanical replacement shall be identical, as to ren bine type, model and special feature to the Machine(s) being replaced. 3. MAINTENANCE CHARGES, PAYMENTS AND TAXES Customer shall pay SRI the Monthly Maintenance Chasse set forth ender to Schedule of Machines on the first page hereof Customer stall pay SRI, in addition to to Monthly Maintenance Charge, amounts equal to any taxes, fees or additional charges, however, designated or levied, based upon anal Monthly Maintenance Charge, on this Agmement or on the services rendered or parts supplied pursuant thereto, including all state and local pivlege or aces taxes on stun revenue, Personal Property taxes, and any taxes or amounts in lieu themof, Ind or payable by SRI in respect to the foregoing exclusive, however, of taxa based upon t income of SRL The Monthly Maintenance Charge shall be paid by Customer monthly within ten (10) days f . oice date. Charges re -billed by SRI for service provided that is not covered by the SRI maintenance Agement due upon receipt. Charges for taxes made accordance with the preceding pmegreph and charges made under any other provision of this Agreement and payable by Customer shell be paid to SRI at SRFs address specified on the fist page hereof *thin ten (10) days f the date of delivery of the invoice to Customer. Charges for a partial month's savice shall be posted bad on a thirty (30) day month. Charges for taxes main accordance with the preceding paragraph shall be added' the hwoiee for Monthly Mtvten®ce Charges. 4. MODIFICATION BY SRI Upon 90 day prior written notice (ager the tial tam of this contact) to Customer, SRI may modify, as of the date specified in such notice, the Monthly Maintenance Chase, machine groups, periods of maintenan service availability offered and optional period percentages. 5. MACHINE SPECIFICATION (.RANGES Changes in Machine Specifications may result in an adjustment of the Monthly Maintenance Change set forth under the Schedule of Machims on to first page hereof 6, TRAVEL EXPENSES SRI ehail not charge Customer travel expenses incurred in connection with the provision of services under this agreement during the Iona of selected maintenance service availability, provided that SRI reserves the might to change actual hurl expense in the event that the site at which the Machine(s) is located is not normally accessible by private automobile or scheduled public transportation. 7. MAINTENANCE SERVICE FURNISHED OUTSIDE THE SCOPE OF THIS AGREEMENT SRI service provided outside than teras of this Agreemmalt shall be furnished at SRI the applicable one and nffiaial hazes and terns, mien such maintenance services is otherwise coved by a separate Maintenance Ageanent 8. ACCESS TO MACHINES Customer agrees to allow SRI and OEMs Cull and free access to the Machine(s) for the provision ofmattasae services thereon. If the performance of maintenance repair service on any Machine(s) by parsons other than SRI or IBM representatives necessitates additional repairs by SIG or IBM, such additional repats shall be made at IBM's the applicable time and material rates and terns. Upon prior written notice to Customer, SRI may withdraw the Machine(s) from this agreement following any repetition of the need for additional repay of such Machine(s) due to maintenance or repair activities by persons other than SRI or IBM representatives. 9. ENGINEERING CHANGES Mandatory engineering changes domed emery by IBM shall be installed by IBM or SRI on Machine(s) subject to the Agreement. SRI will track and coda meted egseering changes as the customer requires. 10. EXCLUSIONS Maintenance service under this Agreement does not include: (I) Repair of damage or increase in service tins resulting from the me of the Machine(s) for other than data processing purpose for which they have been he®ed; (2) Repair of damage or increase in service time resulting from alteommn in Machine(s), including but not limited to, any deviation from circuit or structural ma hte design as provided by SRI or IBM, installation or removal of IBM features, any other modification, repro or adjustment, whenever any of the foregoing is performed by paean other than SRI or IBM authorized representatives. (3) Repair ofdamage increase in service time resulting from failure to provide suitable ®collation environment as prescribed by the appropriate IBM mtallation Manual -Physical Planning including ben not limited to failure to provide adequate electrical power, air conditioning ventilation or humidity controls; (4) Repair of damage or increase in service time resulting from use of supplies or material not meeting IDM specifications for suchinstallation; (5) Repair of damage or increase in service time resulting from accident, disaster (which shall include but is not limited to fire, Rood storm, water, wind, lightning earthquake, explosion), act of God, traspnation, neglect, or mis se; (6) Repairs, adjustments, service or any other work whatsoever on any Machine(s) not covered by a SRI Agreement far maintenance of Data Processing Equipment; (7) Electrical work external to the Machine(s) or maintenance of accessories, alterations, attachments or other devices not furnished by SRI or IDM; (8) The fimnshit* of plates, prttt bels, ribbons, supplies or accessories; the painting a refinishing of Machine® a the furnishing or material therefor, the making of specification charges a the performing ofservices connected with relocation of Machines); or addition or removal of accessories, attachments or other devices; and (9) Such service which is impractical for SRI to render doe to altamom in the Machine(s) or their connection by mechanical or electrical means to another Medline or device. 11. LR.TTATION OF LIABILITY SRI shall not be liable for any failure or delay in maintaining the Machine(s) resulting from fire, explosion, flood, storm, act of God, governmental tal acts, orderer or regulations, hostilities, civil disturbances, maces, labor difficulties, machinery brcakdovv s, transportation contingencies, delay of mntts, destruction in full or in pat of the Machine(a) or any other cause, contingency or cin unatan ms not subject to the control of SRI which prevents or hinders the maintaining service of the Machine() make the fulfillment of this Agreement by SRI impractical, my of which shall, without liability, excuse SRI from the performance of this Agreement. SATs sole oblation under this Agreement is to inspect and make repairs as herein provided, and Customer hereby agrees that that me no weenie; express or implied, which would impose upon SRI ey other obligation or liability and SRI neither assumes nor authorizes any inch obligations or liability. Customer agrees that SRI shall not be liable for damages including special, incidental or consequential damages, arising out of or in cmmetion with the performance of the Machine(s) a their use by Customer. No action, regardless f form, ' ing of senses provided under this Agreement, may be brought by either party mom than one (1) year after the cease of action has ached provided that an action for non- payment may be brought within one (1) year of the date of last payment 12. ASSIGNMENTS This Agreement shall be binding upon and inure to the beefs of the parties hereto and their respective successors and (o the extent specified in any assignment) resigns. Customer, however, shall not assign this Agreement without first obtaining the prior written consent of SRI, which tenet shall not be unreasonably withheld Customer actr,mvledges that SRI may assign is rights hander this Agement, and its rights to the Machine(s) to a third party (Assignee) which will rely upon and be entitled to the benefits the provisions of the Agreement Customer agrees with SRI and such Assignee to recognize in writing any such augment within fifteen (15) days after receipt of written notice thereof and to pay theeafter all sum due to SRI hereunder directly to such Assignee as directed by it Any such assimment shall be subject to Customer's rights to the use and possession ofa Machine(s) so long as Customer is not in default hereunder. 13. REMEDIES ,, n..........,,.......... t,, ae.t:,., 4 th.,e..f nr tem a breach of any other condition ofthis Agreement to be performed or STAFF REVIEW FORM Agenda Request X Contract Review Grant Review FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF 06-21-01A09:15 RCVD FROM: Scott Huddleston Name Information Technology Division Administrative Services Department ACTION REQUESTED: Approve annual maintenance Agreement with System Resoutces, Inc. for hardware maintenance on system printers COS 1' '1'O THE CITY: $ 10,476.00 Cost of this request 1010-1710-540100 Account Number Project Number $ 42,000 Category/Pr4lect Budget $ 11,000 Funds used to date $ 31,000 Remaining Balance Maintenance Category/PrQlect Name Program Name General Fund BUDGET REVIEW X Budgeted Item Budget rdinatbr CLP Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW G NTING AGENCY: 12/aASA,st —76 W CUA, Accounting Manager • ate Internal A Attorney Date 5 0 1 Purchasing Officer Date C-.. Co /18/0 itor Date ADA Coordinator Date STAFF RECOMMENDATION: epartment Director A.mini .trative Services Director ff at12401 e Date GAohj at � Ze ate Cross Reference New Item Yes No Prev Ord/Res #: Orig Contract Date: s Fl • Staff Review Form Page 2 Description: Comments: Budget Coordinator: Ay is Co,*,pnencem+•nr ia1j t/2o/2Doi 7 Nvv � "v�T£CAA c/Ignf�Pd70 Gf/ZOo� IS .1" L 773 l oA/6/Sz7 c,ciACr Aa y -7, a / C o u p c, j of • Reference Comments: - G�O�o�ti6�wz ovt�.Cru�i�/4�> ��i� q$'ai.. m -a -� �� •I , � � � �t�gRA�cf�ue�aBst�"+�x�'uyax�ss's�� Accounting Manager.? j -j ..44.... /• co 1g a /{ lid m7B-iz74, ..,._ a.•a. ae ars— egar 7c ora,W G4asy- +Sea ga u4e� Attorney Purasi g Officer ADA Ciordinator • 4512 Laiit • :..S aviutikegc we Intergal Audi or �IJa-S 2 73 Fa rali FAYETTEVI tLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Scott Huddleston, Information Technology From: Heather Woodruff, City Clerk Date: July 23, 2001 Attached is a copy of the resolution approving an annual agreement with System Resources. I am also returning five originals to you. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit