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HomeMy WebLinkAboutResolution 1999-019 RESOLUTION NO. 99-19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager, be, and is hereby, authorized to execute the attached contract with Federal Computer Services (FCS) for Major Computer Systems Hardware Maintenance at a cost of $17,417.04. PASSED AND APPROVED this 15th day of March, 1999 APPROVED: /, L' ( ,; i/ I' ~- \ ' , ..' I ,·1' ",.' ,,' L/' '~ ./ . L/:'<./L t" i . Charles scoma-Ma1or ATTEST: /'~'-'- /- / . (../" ~U¿¡a·lf( j. .-/~ ./ ~ Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: STATE OF TEXAS AGREEMENT COUNTY OF TARRANT This agreement is made and entered into by and between the CITY OF NORTH RICHLAND HILLS (hereinafter referred to as "City"), acting by and through its duly authorized officer. and FEDERAL COMPUTER SERVICES (hereinafter referred to as "FCS"). WITNESSETH: In consideration of the payments and agreements mentioned below, FCS agrees with the City to furnish all labor, materials and equipment necessary for the annual contract to provide on-site computer hardware maintenance in the amount of Seventeen Thousand Four Hundred Seventeen Dollars ($17,417,), per the specifications and general conditions of Proposal #99-859 and the proposal submitted by FCS, all of which are made a part hereof and collectively evidence and constitute the entire agreement. This agreement shall be governed by and constructed under the laws of Texas. A. MAINTENANCE SERVICES In consideration of the City's payment, FCS agrees to provide scheduled preventative maintenance and unscheduled corrective maintenance to maintain the equipment listed in Exhibit I. 1. FCS Responsibilities: a) providing preventative maintenance including all necessary lubrication, adjustment and replacement of unserviceable parts in accordance with the manufacturers specifications in a workmanlike manner; b) providing unscheduled maintenance including repair, adjustment or replacement of unserviceable parts as deemed necessary by FCS. All removed parts shall become the property of FCS; c) FCS will insure all replacement parts meet the manufacturer's specifications. Used parts or work-arounds shall not be allowed; and d) all maintenance performed by FCS must meet all OSHA standards, conform to FCC requirements and all state and local law and\or statute requirements, e) Acquisition and installation of engineering changes: with respect to HDS 1 . equipment, the control and installation of engineering changes as required by FCS; with respect to Non-HDS equipment. service in accordance with the manufacturer's written recommendations, including installation of mandatory engineenng changes required by the manufacturer. FCS's performance of its obligations with respect to non-HDS equipment under this subsection is contingent upon: (i) The City's disclosure to FCS of all such applicable written recommendations and engineering changes, and (ii) The City's payment of any costs associated with procurement of such recommendations and engineering changes. 2. City Responsibilities: a) providing and maintaining a suitable environment for the equipment as specified by the equipment manufacturer; b) the performance of any electrical work external to the equipment; the maintenance of accessories, attachments, equipment or other devices not listed on the schedule; the refurbishment of equipment including painting, refinishing or furnishing or materials; c) the repair of damage resulting from accident, transportation, improper software or firmware, neglect or misuse including causes other than ordinary use; d) the performance of work which is not reasonably practical for FCS to render; e) the movement or rearrangement of equipment or cables, additional wiring or repair to a previously prepared site or station to make it operational; f) the installation or removal of accessories, attachment or other devices or furnishing of supplies; g) providing FCS with full, free and safe access to City's sites and notifying FCS of any unsafe or hazardous materials to which FCS personnel would or could be exposed to at any of City's sites; h) obtaining certification of maintenance eligibility from the equipment manufacturer or authorized service agent if required by FCS; and I) the City agrees to give FCS a written thirty (30) day notice of any desired 2. relocation or arrangement of equipment. 3. If requested by the City to periorm any of the City's responsibilities detailed above, FCS may, at its election, periorm such services as "Billable Maintenance". FCS shall provide an estimated cost for such billable maintenance for approval before work is started. B. GENERAL PROVISIONS 1. The term of the agreement shall be for a period of one (1) year with the option to extend the contract for two (2) additional one (1) year terms, 2. FCS may not assign or subcontract the maintenance of equipment included under this agreement without the written consent of the Information Services Director, This condition also applies if FCS was sold. 3. The City has the right to add, change or delete equipment covered under this agreement with a 30 day written notice to FCS without penalty. In the case of equipment additions, FCS will notify the City within one week as to the cost of the item prior to adding the item to the agreement. If annual payment has been made, the City will be entitled to a refund if equipment is properly removed from the agreement. 4, If the maintenance services are not periormed as warranted or otherwise not periormed in accordance with this agreement, or are not timely periormed, FCS shall promptly reperiorm such maintenance services at no charge to the City. In no event shall either FCS or City of North Richland Hills be liable for any special, indirect, incidental or consequential loss or damage of any kind or nature whatsoever, including, without limitation, lost profits, or loss of records or data, regardless of whether arising from breach of contract, warranty, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen, except only in case of personal injury where and to the extent applicable law requires such liability. 5. This agreement may only be modified by written agreement signed by authorized officers of the City and FCS . 6. Proprietary information. The maintenance of Equipment or the provision of Services under the terms of this Agreement may require FCS to locate, at the Customer's site, maintenance manuals and other documentation or to provide to Customer in connection with the Services rendered hereunder information (together with the manuals and documentation the "Information") that is proprietary to FCS, its licensers, 3. or Contractors. Customer acknowledges that the contents of this Information IS confidential and that the Information is intended solely for use by FCS personnel in providing services hereunder. Customer agrees to keep such Information in a secure place and restrict access to such Information. To the extent Customer does learn an of such Information, Customer agrees to maintain the Information as confidential and use the same degree of care to protect such as it uses to protect its own confidential information of a similar nature, but not less than reasonable care. All Information delivered by FCS to Customer pursuant to this Agreement shall be and remain the property of FCS, its licensers or Contractors, and all such Information, and any copies thereof, shall be promptly returned to FCS upon written request, or destroyed at FCS' option. Under no circumstances shall Customer transfer any Information to a third party, even if the Equipment to which it pertains is transferred to a third party. 7. This agreement, attachments and the proposal submitted by FCS shall constitute the entire agreement between the City and FCS for the services as outlined herein. Both the City and FCS agree to abide by all State and Federal laws, statutes, and regulations applicable to the services described herein. 8, Coverage shall be on a 24 hour per day, 7 day a week basis. 4. This agreement. having previously been approved by the City Council of North Richland Hills on March 15, 1999, shall be effective beginning APRIL 1, 1999. IN WITNESS WHEREOF, FCS and CITY have caused this agreement to be duly executed by their respective authorized officers as of the date indicated below their signatures. CITY OF NORTH RICHlAND HillS FEDERAL COMPUTER SERVICES CORP. BY: City Manager BY: DATE: TITLE: DATE: ATTEST: City Secretary ATTEST: Approved as to Form and Legality: Attorney for the City Approved as to Content:: Director of Finance 5. EXHIBIT I SERIAL MONTHL Y ANNUAL QTY DESCRIPTION MODEL NO. NUMBER AMOUNT AMOUNT G.I.S. EQUIPMENT IBM/RS/6000 530H-7013 26-20859 $157.50 $1,890.00 POLICE DEPARTMENT 1 IBM AS/400 9406-E35 S10B0199 $177.00 $2,124.00 1 IBM 8mm Tape Drive 7208-01 2 26-39394 $49.00 $588.00 1 IBM Term Info Win II 3487 8832961 $4.88 $58.56 1 IBM Rack Enclosure 9309 10-00B4179 $5.00 $60,00 1 IBM Dot Matrix Printer 5224 91-69710 $37.50 $450,00 1 IBM ECS Modem 7855-10 23-0073879 $5.50 $66.00 1 IBM Reel Tape Drive 9347 7393 $56.50 $678.00 1 IBM Disk Unit 9336 34855 $109.50 $1,314.00 1 IBM Disk Unit 9336 35417 $109.50 $1,314.00 1 IBM Disk Unit 9336 51366 $109.50 $1,314.00 LIBRARY IBM S/36 53600 34624 $55.50 $666.00 IBM Diskette Unit 9331 7710 $9.83 $117.96 IBM Modem, 2400 bps 5853 63488 $4.75 $57.00 IBM Color Display 6091 450350 $16.00 $192.00 IBM 5.0 Gig Tape Backup 6157 28712 $11.50 $138.00 CITY HALL 1 IBM AS/400 9406-E4S S1020115 $218.00 $2,616.00 1 IBM Disk Unit 9332-600 C828A $47.50 $570.00 1 IBM Disk Unit 9332-600 C829A $47.50 $570,00 1 IBM Disk Unit 9332-600 78631 $47.50 $570.00 1 IBM Disk Unit 9332-400 80800 $21.00 $252.00 1 IBM Disk Unit 9332-400 DC732 $21.00 $252.00 1 IBM Disk Unit 9332-400 80794 $21.00 $252.00 1 IBM Disk Unit 9332-400 63123 $21.00 $252,00 1 IBM Disk Unit 9332-400 95761 $21,00 $252.00 1 IBM Disk Unit 9332-400 92143 $21.00 $252.00 1 IBM Modem (ECS) 7855-10 23-0059515 $5.46 $65.52 1 Motorola Modem UDS 9600AlB 16756 $6.50 $78.00 1 Motorola Modem UDS 9600AlB $6.50 $78.00 1 Exabyte 8mm Tape Drive VB525 VB12012 $27.50 $330.00 GRAND TOTAL $1,451.42 $17,417,04 6,