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Res 1090 - Hardware Maint Cont COUNCil BILL NO. 1346 RESOLUTION NO. 1090 A RESOLUTION ENTERING INTO A HARDWARE MAINTENANCE CONTRACT WITH PERSONAL TOUCH COMPUTING AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, it is necessary for the city to employ a company to maintain its computer hardware, and WHEREAS, after due investigation, Personal Touch Computing appears capable and qualified for this task, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into a contract with Personal Touch Computing, a copy of which is attached to this resolution, and by this reference, incorporated herein. Section 2. That the Mayor is authorized to sign said agreement on behalf of the city. Approved as to form~.?11 ~ /O-l~ - 7/ City Attorney Date APPROVED: ~ fA} ~A.JJA--- FRED W. KYSER, ~OR Passed by the Council October 28, 1991 Submitted to the Mayor October 29, 1991 Filed in the Office of the Recorder ~.., ATTEST: CU" 7s27L~<.9yd Mary en nt, City Recorder City of Woodburn, Oregon October 29, 1991 October 29, 1991 Approved by the Mayor Page 1 - COUNCIL BILL NO. 1346 RESOLUTION NO. 1090 SERVICE CONTRACT This service contract is entered into this ~ day ofOctober1991 by and between PERSONAL TOUCH COMPUTING, located at 5430 N. Depauw, Portland, Oregon , 97203, hereinafter PTC, and CITY OF WOODBURN, an Oregon municipal corporalion, located at 270 Montgomery Street, Woodburn, Oregon, 97071, hereinafter CLIENT, PTC agrees to provide the following services to CLIENT as defined in this contract and under the provisions outlines as follows: A. TERM OF AGREEMENT 1. The term of this contract will begin from the date of signature on the contract and extend exactly one year from that date. 2. CLIENT will be kept informed as to the status of the account on a monthly basis through receipt of a statement referencing specKically the service dates and type of service rendered which will be sent on the 5th of every month. B. EQUIPMENT COVERED BY THIS AGREEMENT This contract applies to the equipment referenced in Exhibit 'A' hereto attached and, by this reference, incorporated herein. This equipment list may be periodically updated by mutual consent of the parties, C. SERVICES PTC agrees to provide the following services to CLIENT within the one year period, at the discretion and need of the CLIENT: 1. REPAIR: Repair is defined as time spent by PTC (and parts required) to return computer to normal operational status. a. In the event that CLIENT's personal computer needs to be out of the office (for repair) for a period longer that 3 working days, PTC will provide a 'loaner" computer until CLIENT's computer is returned. b. For repairs on CLIENT's computer, no more than 4 hours will be charged to CLIENT's account per repair. c. No time (or fee for parts) will be charged to CLIENT's account for repeat repairs of the ~ problem on same computer for 1 year after initial repair, This warranty is not affected by termination of the contract. d. No time will be charged to CLIENT's account K PTC has not begun work within 2 working days of notification of a problem. NotKication may be given over the telephone. e. Any necessary parts will be paid for by CLIENT at wholesale plus 10%. PTC will direct bill CLIENT for these necessary parts. f. PTC will charge double-time (hours) for 'on-site' service provided on Sundays or the following holidays: Page 1 - SERVICE CONTRACT . _."~,,_'_"___~__'.'_'''I~_______'.' ",-_ .._...~_~~~____._Ok"'__~ 1. New Years Day 2. Christmas Day 3. July 4th 4. Thanksgiving Day 2. UPGRADE: Upgrade is defined as time spend by PTC installing additional equipment and/or software to a computer to increase its performance and/or capacity, a. Any upgrade desired by CLIENT must be scheduled with PTC at least 2 weeks in advance. 3. SET-UP: Set-up is defined as time used by PTC to hookup hardware and load appropriate software into a new or existing computer: a. Any set-up desired by CLIENT must be scheduled with PTC at least 2 weeks in advance, 4. CLEANING: Cleaning is defined as time spent by PTC removing accumulated dust and debris from inside a computer so as to increase its longevity. PTC recommends this be performed every 6 months. The maximum charge for cleaning will be 1 hour per computer. 5. DIAGNOSTICS: Diagnostics is defined as the use of software to evaluate the present condition of a computers components. PTC recommends this be performed every 6 months, The maximum charge for diagnostics will be 1 hour per computer, 6. TRAINING: Training is defined as time spent by PTC teaching CLIENT and/or CLIENT's staff the proper operation and use of computers and installed software. a. Any training desired by CLIENT must be scheduled with PTC at least 2 weeks in advance. 7. CONSULTING: Consuiting is defined as time spent (in person or via telephone) with CLIENT and/or CLIENT's staff to give professional advise relating to hardware or software. 8. SYSTEM PURCHASE: PTC extends to CLIENT during the term of this agreement the opportunity to purchase complete new systems (computer, monitor, and keyboard) at a 5% discount. D. TRAVEL 1. If distance to CLIENT's office is such that it requires air travel and/or overnight accommodations, CLIENT agrees to pay in advance for all such expenses incurred by PTC. PTC will inform CLIENT of the amount of the expenses. E. REFUNDS 1. If CLIENT is dissatisfied with the service provided by PTC, PTC will have 30 days from the date of written notffication to resolve the problem. 2. If after 30 days, CLIENT is still dissatisfied, PTC agrees to refund to CLIENT 90% of the remaining CLIENT balance. 3. PTC agrees to disburse a refund within 30 days from the period mentioned in paragraph E2. Page 2 - SERVICE CONTRACT F. CONTRACT RENEWAL 1. Upon conclusion of the one-yearterm as described in Paragraph A 1, if CLIENT has hours remaining and does not wish to renew the contract, 1/2 of the remaining hours will be refunded at their purchased value. PTC has 30 days from the ending date of contract to pay the refund. 2. PTC extends to CLIENT the opportunity to renew the contract, at which time all of the unused hours may be carried forward to the new contract at their purchased value. 3. If all the contract hours are used prior to the one-year period, CLIENT has the option of purchasing additional hours at a rate of $50 per hour, or purchase a new contract. The old contract would terminate on the date the new contract became effective. G. PAYMENT 1. For a fee of $2700 PTC will provide 60 hours of professional services to CLIENT (based on the normal $60 per hour rate, this represents a 16% savings for CLlENl), H. ATTORNEY FEES In the event it is necessary for either party to maintain an action or proceeding upon this contract, or if an appeal is taken therefrom in connection with controversy arising out of this contract, the prevailing party shall be entitled to recover, in addition to such other sums or performance due hereunder, such sums as the court deems reasonable as attorney fees in such action, proceeding or appeal. CITY OF W09DBURN: By:11LR--d: f.{J ~ Fred W. Kyser, r PERSONAL TOUCH COMPUTERS: Patrick McCraw, President Attest: jJ1~ ~ Mary Ten nt, City Recorder Page 3 - SERVICE CONTRACT EXHIBIT "A" Citv of Woodburn Eauipment to be Serviced Description Printer - Epson DFX-8000 Printer - Okidata 393 IBM Model 80 File Server/ 360 MB Hard Drive 25MH 4MB Memory Elgar Battery Back-Up Mountain 2GB Tape Back-Up Isolan Mu~iport Repeaters Isolan Mu~iport Repeaters Isolan Transceiver Type 114 Isolan Transceiver Type 114 Isolan IEEE802-3 Transceiver 10 Mbps. Okidata Microline 182 Turbo Printer Okidata Microline 182 Turbo Printer Hewlett Packard Laser Jet III Printer Hewlett Packard Laser Jet III Printer Hewlett Packard Laser Jet III Printer Hewlett Packard Laser Jet III Printer Hewlett Packard Laser Jet III Printer IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 60 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SC Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB Page 1 of 2 - Exhibit "A" - Service Contract -.-.- ----~".~..,_.._~........ ,-------"-,~-"-'-,.- Serial Number OVZOOO0682 009A00271OS 23550869 1000VA FS21T004 ME000799H MEOO0819H TE00286A TE00276A TE049386H 009A 1170156 009Al170158 2424161752 3015J94191 3026J50424 3026J50423 2026J50425 23-1249203 23-1248875 23-1294913 78-9292149 78-9015025 78-9014819 78-9015073 76-9014663 78-9015115 78-9015024 78-9014569 78-9015018 78-9015088 78-9014548 78-9014598 IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer. 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM PS/2 Model 55SX Computer, 30 MB IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM Proprinter III IBM proprinter III IBM Proprinter III IBM proprinter III IBM Proprinter III IBM Proprinter III XL IBM Proptinter III XL IBM Proprinter III XL IBM Proprinter III XL Page 2 of 2 - Exhibit "A" - Service Contract 78-9015132 78-9014765 78-9015131 78-9014767 78-9014851 78-9015105 78-9015060 78-9015126 78-9014526 78-9013518 78-9015111 78-9014804 0923F4400114127724 0923F4400114127647 0923F4400114127665 0923F4400114127558 0923F4400114127680 0923F4400114127626 0923F4400114127718 0923F4400114127667 0923F4400114127719 0923F4400114127633 0923F4400114127634 0923F4400114127722 0923F5000113027100 0923F5000113027180 0923F5000113027175 0923F5000113055098