Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services

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acknowledges that the Products are by no means invulnerable to computer viruses, network interference, or to fraudulent or unauthorized calls or access and consequently the Vendor does not make an express or implied warranty against such occurrences. The City understands that it will be solely responsible for all data back -up and data retention prior to, during and after the termination or expiration of this Agreement. 1.3.7 THE WARRANTIES SET FORTH HEREIN REPLACE ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. 1.4 ADDITIONAL PRODUCTS AND /OR SERVICES /CHANGES IN SERVICE 1.4.1 The City may request the Vendor to provide Products or Services outside of the scope of the Services described in Sections 1.0 through 1.2 above and any attached Schedule A. The Vendor will submit a written estimate of fees to the City and obtain the City's authorization on an applicable Schedule A and Scope of Work before initiating any additional Services. 1.4.2 Each material change (deletion or addition) in the Services to be performed or Product to be provided by the Vendor must be authorized by the City on an Authorization of Change in Services form (see Subsection 1.1.21) Compensation for additional Services or Products will be in addition to that specified in Article 13 and on a corresponding Schedule A. The approval of the City's governing body is necessary for all additional Services, the compensation for which exceeds $50,000.00. ARTICLE 2 THE CITY'S RESPONSIBILITIES The City will: 2.1 Provide full information to the Vendor regarding the City's requirements for the Vendor's provision of Products and /or Services under this Agreement. The City will furnish the Vendor with copies of data and other information in the City's possession necessary to the completion of the work defined under this Agreement at the Vendor's request in electronic as well as hard copy format. 2.2 Designate Ramona Brown, Technology Project Manager, as the City's Project Manager and authorized representative to act on the City's behalf with respect to this Agreement. The City will examine the documents and information submitted by the Vendor and promptly respond to any issues requiring a decision by the City. 2.3 Provide access to and make all necessary provisions for the Vendor to enter City facilities as required for the Vendor to perform its Services and to provide and install its Products under this Agreement. Black Box Telephone Hardware and Software Master Maintenance and Purchase Agreement 2013