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Res 1992-031
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Res 1992-031
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Last modified
7/11/2007 1:10:31 PM
Creation date
7/11/2007 1:10:31 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1992-31
Date
3/23/1992
Volume Book
106
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<br />IN-~~- .... <br />. I =~--4l\~- <br /> <br />~A* <br /> <br />Attachment C <br /> <br />EQUIPMENT SERVICE CONTRACT No. <br /> <br />1. OEFINmONS <br /> <br />1.1 The Customer: <br />Name City of San Marcos <br /> <br />Street Address 630 E. Hopkins <br /> <br />City San Marcos State Texas <br /> <br />Zip Code <br /> <br />7R666 <br /> <br />12 Intergraph 5. SCOPE OF WORK <br />Intergraph Corporation <br />One Madison Industrial Park 5.1 For the TSC itemized in Appendix A of this Contract. <br />Intergraph will provide service availability between the hours <br />H/Jntsville, AL 35007-4201 of 7:30 am. and 4:15 p.m., Monday through Friday, excluding <br />1.3 Equipment Intergraph-observec:J holidays. <br />Any and all individual items of hardware assembled as a 52 The primary purpose of the services provided by this <br />system and itemized on the Equipment Usting, Appendix A. Contract is to maintain the Equipment in good operating <br />1.4 BMC condition exclusive of major refurbishment of mechanical <br />Basic Maintenance Charge (hardware only). ~ deviCes as noted in Section 62.8. <br /> <br />1.5 TSC ~ lrlr,}5.3 Intergraph wiD provide remedial maintenance when notified <br />Total Service Charge (TSC) stated as an amount pa ()~ ",,~p tv by the Customer that the Equipment is not operational. The <br />. monthly for the term of the Contract M, ~~ ~ "iv^,i~~,.ri'~C:IY LJ a~ge response ti~ computed owr. a ~ (1) year period <br />L/2. PERIOD OF PERFOR I ~ L. t.Dv.yt.ll' \.\f. ,~-(\j\J WIll be f~ur (4~ workIng ~urs or less withIn a one hundred <br />. l7 in tit- ~"c. J,..,-2: v J (100) mIle radIus of a seMCe center. Intergraph cannot <br />90 _days/Effective this da of March <\ [cr'" }. ~ guarantee response time when the call is deemed to be <br />. aI:ter '19 92 the Customer Intergraph to render ~rh, t;VL "Per-CaU" maintenance as defined in Section 6. <br />l.nstalla-equipment maintenance Intergraph shall provide 1j)~.i~tI " . <br />tion such service as defined in . on the Equipment listed y .i ~ntlVe maintenance WIll be performed at least quanerly <br />in Appendix A for the TSC it. expiration date for lo!. L\ 't~ at a tIme mutually acceptable to both the Customer and <br />the initial term shall be S temb 30 19 92 '. J,....I Intergraph. <br />3. OPTION TO EXTEND . ,I~!\.j" 5.5 Maintenance will include replacement of parts deemed <br />i ~ '1' , necessary by Intergraph. All partS will be furnished on an <br />3.1 This contract will be e ndecS for periods of (1) year. U'I~ exchange basis and items replaced will become the property <br />upon mutual agreement between the Customer and 1t of Intergraph. <br />Intergraph. The Customer shall not perform, or attempt to perform. <br />,,)2 Intergraph will submit to Customer. at least sixty (60) days maintenance or repairs to the Equipment during the <br />prior to the stated termination date, a modification to provide performance period covered by this Contract. Intergraph <br />similar coverage for an additional year at the then current reserves the right to exclude Equipment from this agreement <br />TSC. The Customer is obligated to provide notice of intent which has been misused or subjected to undue physical or <br />either to terminate coverage or agree to rates and terms of electrical stress. <br />:hte modphifica~ionll 't"it' Custpt~ 'itf:' to pr~~ot~ ~f in: 5.7 Intergraph will provide a hardware system. availability <br />n ergra WI. a SOlon, e assume 0 er as n guarantee for ninety-five pe(cent (95%) of the Customer's <br />accepted by the Customer, or terminate coverage. coverage hours per month. ' <br /> <br />4. TERMINATlON 5.B In the event the Customer should purchase additional <br />This contract shall not terminate and shall continue equipment or software from lntergraph during the term <br />in full force beyond the stated term until termination is of this Contract. Intergraph will notify the Customer by <br />accomplished in one of the following ways: submitting, in writing, a modification reflecting the addition <br />4.1 Customer or Intergraph provides a written notice of intent Tot that eqdUipm8Co dn~ .and itSf ehi~Conive dactte ufontessr serv:cet underhthe <br />of termination. The contract shall terminate thirty (30) days arms an n illons 0 t s tra. n ergrap <br />receives written notification within thirty (30) days at the <br />after receipt of the notice. originat letter date to Customer, maintenance service and the <br />42 A new Contract between Customer and Intergraph is signed appropriate TSC will begin on the effective date as shown <br />into effect for similar service. on the modification. <br />4.3 Customer petitions for reorganization under the Bankruptcy <br />Act or is adjudicated a Bankrupt, or if a receiyer is appointed <br />for the Customer's buSiness. or if the Customer fails to pay <br />I..,t"',.,r~..,h ~"" ~m('l"nt when rillP h~~\lndpr <br />
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