Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

within two hours of the start of normal business hours on the next business day. what Company's initial response ( either voice or electronic) may result in resolution of your problem or it will form the basis for determining additional actions may be required to achieve technical resolution of your problem. InfoPrint Solutions Company is not responsible for delays in electronic response delivery caused by systems and network problems. 4. In some instances, InfoPrint Solutions Company may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your permission. 5. This Service does not include assistance for a) the design and development of applications, b) your use of Programs in other than their Service. specified operating environment, or c) failures caused by products for which InfoPrint Solutions Company is not responsible under this w wi.bm. swml or may be com/ services/ sl/ obtained Eligible Programs: Licensed programs for which this Service is available are listed at htto:// from your InfoPrint Solutions Company marketing representative. Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance if you a) did not renew this Service prior to the end of the then current support period or b) terminated this Service. The new support period in such an instance begins on the date that InfoPrint Solutions Company accepts your order. InfoPrint Solutions Company Software Maintenance for AIX Operating Systems , InfoPrint Solutions Company will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order this Service. General: 1. InfoPrint Solutions Company makes available to you the most current commercially available version, release or update to all of the Programs for which you acquire support under this Service, should any be made available. c 2. 3. InfoPrint Solutions Company provides you with assistance for your a) routine, short duration installation and usage ( how- to) questions and b) code defect related questions. InfoPrint Solutions Company provides assistance via telephone and, if available, electronic access, only to your information systems ( IS) technical support personnel during normal business hours ( normal business hours are 8 a. m. to 5 p. m. in the local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is not available to your end users. InfoPrint Solutions Software Support Company provides Severity 1 assistance 24 hours a day, every day of the year. Consult the InfoPrint Solutions Company Guide, which may be found at htto:/ltechsuooort. services. ibm. com/ auides/ handbook.html for details. A 24x7 ( every day of the year) all severity time objective is two hours for option is available at extra charge! During normal business hours, InfoPrint Solutions Company's response voice and electronic problem submissions. For voice problem submissions during other than normal business hours, InfoPrint Solutions four hours for Company' s response time objective for critical problems ( Severity 1) is two hours and if you select the 24x7 all severity option, non- critical problems. For electronic problem submissions during other than normal business hours, InfoPrint Solutions Company' s response time objective is within two hours of the start of normal business hours on the next business day. InfoPrint Solutions Company's initial response either voice or electronic) may result in resolution of your problem or it will form the basis for determining what additional actions may be required to achieve technical resolution of your problem. InfoPrint Solutions Company is not responsible for delays in electronic response delivery caused by systems and network problems. 4. In some instances, InfoPrint Solutions Company may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your permission. 5. This Service does not include assistance for a) the design and development of applications, b) your use of Programs in other than their specified operating environment, or c) failures caused by products for which InfoPrint Solutions Company is not responsible under this Service. or may be obtained Eligible Programs: Licensed programs for which this Service is available are listed at htto:// www. ibm. com/ services/ sllswml from your InfoPrint Solutions Company marketing representative. Software Maintenance After License Fee: The Software Maintenance After License fee is a one time charge to resume Software Maintenance if you a) did not renew this Service prior to the end of the then current support period or b) terminated this Service. The new support period in such an instance begins on the date that InfoPrint Solutions Company accepts your order. c' Z125- 7555- 00 06/ 2007 contract AS9VFQ ( prepared 09/ 27107 15: 56 WLBLAN) Page 5 of 5  Remarketed IBM Maintenance Services Agreement c HTE VAR i"tk.. F.., t y.( jh:..,...,. Maintenance Services Description HTE VAR, LLC. ( We) agree to provide IBM Maintenance Services for machines described in an Attachment to our Customer ( You) under the terms of this Agreement. We do not provide Maintenance Services under the terms of your purchase order. Maintenance charges are not refundable after coverage has started for the Machine. However, if you sell a Machine, you may transfer coverage to the buyer/ third party. If you transfer coverage for a Machine to a third party, you agree to inform that party 1) of the applicable terms of this Agreement and 2) that it must notify us in writing of the transfer, the location of the Machine, and acceptance of coverage. IBM will specify the eligible Machine types and available contract periods. We will list, in an Attachment, the Machines covered, and the coverage start and end dates for each Machine. Each of us agrees that if a feature, upgrade, or conversion is installed on a Machine while it is under this Maintenance Services Agreement, 1) an additional charge may apply and 2) the feature, upgrade, or conversion is subject to the remaining portion of the contract period. Maintenance Charge: 30, 180. 00 Maintenance Term: 3 Year Prepaid term 12/ 17/ 2007 - 12/ 16/ 2010 Machines Covered: 9406- 520 sn 3BBFE ; 3580- L33 sn 6850212 ; and 4928- N04 sn 32109N6 c This Agreement, Attached pricing quote, and the Additional Terms on page 2 form our complete agreement regarding these Maintenance Services and replace any prior oral or written communication between us. By signing below, both of us agree to these terms. Agreed to: ( Customer legal name & address) Agreed to: City of Fort Walton Beach HTE V AR, LLC 107 SW Miracle Strip Parkway 3168 Mercer University Drive, Suite 100 Fort Walton Beach, FL 32548- 6614 Chamblee, GA 30341 By By Authorized Signature Authorized Signature Name ( print): Name ( print): Title: Title: Date: Date: Agreement Number: 2007102901 LB r Revised 12/ 12/00  Remarketed IBM Maintenance Services Agreement HTEVAR c k* IY. t. h;. U"OOoWJ!' iJ:CI)" Additional Terms Prices and Payment The amount payable for Maintenance Services is a fixed price. Depending on particular circumstances, as described below under Maintenance Services, additional charges may apply. We will inform you in advance whenever additional charges apply. Maintenance Charges are due within 30 days from the invoice date. Amounts past due are subject to a late payment charge of 1. 5% per month. You agree to pay accordingly. You also agree to pay applicable sales taxes or to supply exemption documentation. This contract term is for 3 years and covers the items listed in the Attachment for Maintenance Services. Types of Maintenance Service for Machines When a type of service involves the exchange of a Machine or part, the item replaced becomes IBM property and the replacement becomes yours. You represent that all removed items are genuine and unaltered. Before IBM exchanges a Machine or a part, you agree to remove all features, parts, and attachments not under our service. You also agree to legal obligations or restrictions that prevent its exchange. ensure that the item is free of any