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HomeMy WebLinkAboutComputer Support Contract with Accel, LLC 1/2/2002 & 4/1/2002COMPUTER SUPPORT CONTRACT This AGREEMENT (the "Agreement") is made and entered into as of the 2nd day of January, 2002 ("the "Effective Date") by and between Accel, LLC, with a principal place of business at 2037 South Chi spin, Boise, ID 83709 (the "Service Provider") and the City of Meridian with Offices at 33 East Idaho, Meridian, ID 83642 ("Customer"). 1. SCOPE OF SERVICES 1.1 SERVICES The Service Provider will provide on-site computer support and maintenance services at the clients business location(s). This agreement only covers the labor required to keep the equipment in good working order, as required due to normal use. 1.2 TIME OF SERVICE The standard time of service for this agreement is Monday through Friday between the hours of 8:00 AM to 5:00 PM, excluding all government and bank related holidays. Services requested outside of the standard time must be pre-approved by the Service Provider and may result in a premium service fee. 1.3 CHARGES AND PAYMENT 1.3.1 The Customer shall pay the Service Provider an hourly rate of $75.00 for services rendered during the standard time. Telephone support charges during the standard time will be billed in fifteen (15) minute increments; beginning at the time the call is initiated. 1.3.2 The Customer will pay the Service Provider $900 per week for a twelve hour block of time. Any time not used during a single week, (a week in this context is Monday through Friday during the standard time of 8:00 AM to 5:00 PM), is forfeited. Time does not accrue! 1.3.2 On-site support services provided outside the scheduled agreement times, will be billed at $75.00 an hour. Charges are incurred at a one-half (1/2) hour minimum starting with the time the Accel, LLC Support provider leaves their point of origin. Travel is billed at 100% of the hourly rate for one way only. 1.3.3 Services performed outside of the standard time will be billed at a rate of $120.00 per hour; on-site services performed outside of the standard time have atwo-hour minimum charge. 1.3.4 Payment is required at the time the invoice is received by the Customer. 1.4 TERM This Agreement shall continue in force for three (3) months, from and after the date hereof, and thereafter renew automatically for successive three (3) month terms, unless terminated as provided. Either party may terminate this Agreement by delivering written notice of termination to the other party at least thirty (30) days before the expiration of any three (3) month period of time. 1.5 TIME OF SERVICES Response to service under contract will be at a time mutually agreed to by both the Service Provider and the Customer. 1.6 DATA SECURITY Page 1 It is the responsibility of the Customer to ensure that all of their data is adequately backed-up, duplicated, and documented. The Service Provider will not be responsible for the Customer's failure to do so, nor for the cost of restructuring data stored on disks, tapes, hard-drives, memories, etc. lost during the course of performance of services hereunder. 1.7 CONFIDENTIALITY The Service Provider agrees to maintain the confidentiality of data and information, relating to the Customer's business, where such information is clearly so designated by fihe Customer to the Service Provider. 1.8 ASSIGNMENT The Service Provider reserves the right to sub-contract any and all of the services listed in this Agreement subject to Customer's approval. 1.9 INSURANCE AND LIMITATIONS 1.9.1 The Customer is responsible for insuring all computer equipment against damage, including the loss of data and memory. 1.9.2 Customer agrees to indemnify and hold Service Provider harmless against all third party claims and third party liabilities arising out of Customer's operations, and not attributable to any act or omission by Service Provider. 2.0 CHANGE IN FEES The Service Provider reserves the right to change the service rates listed in this Agreement upon sixty (60) days written notice to any renewal term of this Agreement. 2.1 EFFECTIVE DATE This Agreement shall be effective on the last date on which the parties hereto have signed this agreement and payment has been received. This Agreement is void if not signed within 15 days of the date listed above. 2.2 COMMUNICATION The Customer agrees that it will keep open communication channels with the Service Provider. If at anytime during this Agreement the customer feels their expectations are not being met, they will discuss it with the Service Provider in a Professional Manner. 2.3 MOST FAVORED. CUSTOMER The Service Provider agrees to treat Customer as its most favored customer. The Service Provider represents that all of the prices, terms, and benefits granted hereunder are comparable to or better than the equivalent terms being offered by it to any present customer. 2.4 FORCE MAJEURE Neither Party shall be liable to the other for any delay or failure to perform due to acts of God or causes beyond its reasonable control. 2.5 SURVIVAL All provisions of this Agreement relating to confidentiality shall survive the termination of this agreement. 2.6 ENFORCEABILITY If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Page 2 2037 South Chinkapin Boise, Idaho 83709 208-869-5537 Fax 362-3642 2.7 GOVERNING LAW AND JURISDICTION This Agreement is made under and shall be construed pursuant to the laws of the State of Idaho. The parties agree and consent to jurisdiction in a court of competent jurisdiction for Ada County, state of Idaho for any legal action commenced or maintained by either party to enforce or interpret the terms of this Agreement. 2.8 ATTORNEYS' FEES AND COSTS In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall recover, in addition to any other damages assessed, its attorneys' fees and court costs incurred in litigating or otherwise settling or resolving such dispute whether or not an action is brought or prosecuted to judgment. In construing this Agreement, none of the parties hereto shall have any term or provision construed against such party solely by reason of such party having drafted the same. 2.9 ENTIRE AGREEMENT Both parties acknowledge that this Agreement is the complete and exclusive statement of the agreement between the parties, which supercedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the date and year first written above by their duly authorized representatives. Acce ed Ignature) By: /~ ~./ Title: Date: ~! Z Accepted (Signature) By: Title: Date Page 3 ~~~~, 2037 5auth Chiak~in Boise, Idaho >;3Z09 2qg-Ebg6.3337 Fax 362-3642 COMPUTER SUPPORT CONTRACT This AGREEMENT (the "Agreement") is made and entered into as of the ("the "Effective Date") by and between Accel, LLC, with a principal place of business at 2037 South Chi k pin, Boise, ID 83709 (the "Service Provider") and the City of Meridian with Offices at 33 East Idaho, Meridian, ID 83642 ("Customer"). SCOPE OF SERVICES 1.1 SERVICES The Service Provider will provide on-site computer support and maintenance services at the clients business location(s). This agreement only covers the labor required to keep the equipment in good working order, as required due to normal use. 1.2 TIME OF SERVICE The standard time of service for this agreement is Monday through Friday between the hours of 8:00 AM to 5:00 PM, excluding all government and bank related holidays. Services requested outside of the standard time must be pre-approved by the Service Provider and may result in a premium service fee. 1.3 CHARGES AND PAYMENT 1.3.1 The Customer shall pay the Service Provider an hourly rate of $75.00 for services rendered during the standard time. Telephone support charges during the standard time will be billed in fifteen (15) minute increments; beginning at the time the call is initiated. 1.3.2 The Customer will pay the Service Provider $900 per week for a twelve hour block of time. Any time not used during a single week, (a week in this context is Monday through Friday during the standard time of 8:00 AM to 5:00 PM), is forfeited. Time does not accrue! 1.3.2 On-site support services provided outside the scheduled agreement times, will be billed at $75.00 an hour. Charges are incurred at a one-half (1/2) hour minimum starting with the time the Accel, LLC Support provider leaves their point of origin. Travel is billed at 100% of the hourly rate for one way only. 1.3.3 `~~ Services performed outside of the standard time will be billed at a rate of $120.00 per hour; on-site @~ services performed outside of the standard time have atwo-hour minimum charge. a~ 1.3.4 Payment is required at the time the invoice is received by the Customer. 1.4 TERM This Agreement shall continue in force for Six (6) months, from and after the date hereof, and thereafter renew automatically for successive Six (6) month terms, unless terminated as provided. Either party may terminate this Agreement by delivering written notice of termination to the other party at least thirty (30) days before the expiration of any Six (6) month period of time. 1.5 TIME OF SERVICES Response to service under contract will be at a time mutually agreed to by both the Service Provider and the Customer. 1.6 DATA SECURITY Page 1 It is the responsibility of the Customer to ensure that all of their data is adequately backed-up, duplicated, and documented. The Service Provider will not be responsible for the Customer's failure to do so, nor for the cost of restructuring data stored on disks, tapes, hard-drives, memories, etc. lost during the course of performance of services hereunder. 1.7 CONFIDENTIALITY The Service Provider agrees to maintain the confidentiality of data and information, relating to the Customer's business, where such. information is clearly so designated by the Customer to the Service Provider. 1.8 ASSIGNMENT The Service Provider reserves the right to sub-contract any and all of the services listed in this Agreement subject to Customer's approval. 1.9 INSURANCE AND LIMITATIONS 1.9.1 The Customer is responsible for insuring all computer equipment against damage, including the loss of data and memory. 1.9.2 Customer agrees to indemnify and hold Service Provider harmless against all third party claims and third party liabilities arising out of Customer's operations, and not attributable to any act or omission by Service Provider. 2.0 CHANGE IN FEES The Service Provider reserves the right to change the service rates listed in this Agreement upon sixty (60) days written notice to any renewal term of this Agreement. 2.1 EFFECTIVE DATE This Agreement shall be effective on the last date on which the parties hereto have signed this agreement and payment has been received. This Agreement is void if not signed within 15 days of the date listed above. 2.2 COMMUNICATION The Customer agrees that it will keep open communication channels with the Service Provider. If at anytime during this Agreement the customer feels their expectations are not being met, they will discuss it with the Service Provider in a Professional Manner. 2.3 MOST FAVORED CUSTOMER The Service Provider agrees to treat Customer as its most favored customer. The Service Provider represents that all of the prices, terms, and benefits granted hereunder are comparable to or better than the equivalent terms being offered by it to any present customer. 2.4 FORCE MAJEURE Neither Party shall be liable to the other for any delay or failure to perform due to acts of God or causes beyond its reasonable control. 2.5 SURVIVAL All provisions of this Agreement relating to confidentiality shall survive the termination of this agreement. 2.6 ENFORCEABILITY If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Page 2 ~-a 2037 Sr~h Chial~in Raise, Idaho 83709 248-869-5337 Fax 352-3bd2 2.7 GOVERNING LAW AND JURISDICTION This Agreement is made under and shall be construed pursuant to the laws of the State of Idaho. The parties agree and consent to jurisdiction in a court of competent jurisdiction for Ada County, state of Idaho for any legal action commenced or maintained by either party to enforce or interpret the terms of this Agreement. 2.8 ATTORNEYS' FEES AND COSTS In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall recover, in addition to any other damages assessed, its attorneys' fees and court costs incurred in litigating or otherwise settling or resolving such dispute whether or not an action is brought or prosecuted to judgment. In construing this Agreement, none of the parties hereto shall have any term or provision construed against such party solely by reason of such party having drafted the same. 2.9 ENTIRE AGREEMENT Both parties acknowledge that this Agreement is the complete and exclusive statement of the agreement between the parties, which supercedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. This Agreement may not be modified or altered except by a written instrument duly executed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the date and year first written above by their duly authorized representatives. ~~ epte (Signature) Accepted Signature) By: Title: Date: / ~2OO 'L By: Title: /1~~9/~~~~ ~- Date: ~/~i.s~Qz Page 3