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a) Non-Emergency Call: After a service order is placed by the City in a non - emergency <br />situation, Vendor will respond on -site or off -site by 5:00 p.m. on the next business day. <br />If equipment is to be replaced due to the nature of the non- emergency call, the Vendor <br />will ensure that the equipment arrives on site no more than eight (8) hours after the time <br />the technician arrives on site. <br />b) Emergency Call: An emergency includes: <br />1) The Police Department cannot receive calls or cannot call out of the system E( 911 <br />system is not in included in this Agreement); <br />2) A major component of the System is "Not Working Properly" for most of its users; <br />c) Emergency Procedure: <br />1) After a service order is placed by the City as an emergency call, respond within two <br />(2) hours online or within three (3) hours onsite from the time the call is placed by the <br />City to the Vendor. If equipment is to be replaced based on the nature of the <br />emergency call, the equipment must arrive on site no more than four (4) hours from <br />the time the technician arrives on site. <br />2) When a service order is placed by the City, the City will explain to the Vendor, the <br />nature of the problem and the basis for declaring it an emergency. <br />1.2.3 Vendor Representation. The Vendor will perform system maintenance using Avaya <br />certified employees. Prior to performing any services on City premises the Vendor will notify <br />the City of their employees who will have access to City premises where the switches are <br />located. The Vendor will perform criminal background investigations on employees who have <br />access to secured areas of the Police Department in accordance with the Criminal Justice <br />Information Services Security Policy 5.1 CJISD- ITS -DOC- 08140 -5.1) of the Federal Bureau of <br />Investigations at no additional cost to the City. Such background investigations will: <br />a) Include warrant checks, criminal history checks and the investigation of information <br />necessary to protect the City's property and data; <br />b) Be performed at two year intervals as well as whenever the Vendor wishes to provide <br />access to City premises to additional or alternative employee(s); <br />The Vendor will remove any employee(s) performing services under this Agreement if it is <br />determined that they violated any rules regarding access to City premises. Failure of the Vendor <br />to remove any employee(s) is considered a breach of the Agreement and will result in immediate <br />termination of the Agreement by the City. The Vendor will be responsible for any damage to the <br />City resulting from such actions of their employee(s). <br />1.2.4 Risk of Loss. The Vendor will bear the risk of loss of all Products while they are in <br />transit to the City's premises and until accepted by the City in accordance with Subsection 1.2.6 <br />of the Agreement. After the City's acceptance of any such Products, the City will bear such risk <br />Black Box Telephone Hardware and Software Master Purchase and Maintenance Agreement 2013 <br />on <br />