SCHEDULE G USER EQUIPMENT MAINTENANCE AGREEMENT

Transcription

1 JTF Radio System Contract SCHEDULE G USER EQUIPMENT MAINTENANCE AGREEMENT This Equipment ( ) is an agreement by and between Com-Net Ericsson Critical Radio Systems, Inc., 3315 Old Forest Road, Lynchburg, Virginia, (hereinafter COM-NET ), and the acting through and by the Department of Management Services ( the State ) for use by any Eligible Users which may elect to utilize the maintenance services provided herein (hereinafter Customer ). Section 1 Scope Of During the term of this (hereinafter Term ), as set forth in Section 6, COM-NET agrees to provide Eligible Users with user equipment maintenance as set forth in Section 2 of this, for the User Equipment provided by COM-NET to Customer ( User Equipment ). This as to any piece of User Equipment covered hereby shall not come into effect until expiration of the warranty period of any such piece of User Equipment. The services will be provided for an initial one-year period beginning upon issuance of a purchase order and may be renewed thereafter pursuant to Section 6 of this. As the Eligible Users may have critical delivery schedules, need for compatibility with existing equipment, and applications of unique technical requirements, product quality or specifications that differ from those provided by Com-Net, purchase from this agreement is optional. All services provided under this are only applicable to the User Equipment as sold and provided by COM-NET to Customer. G - Equip.docG - Equip Page G-1

2 Section 2 Maintenance Provisions A. COM-NET will provide Customer with repair or replacement unit to resolve failures with equipment purchased from COM-NET. B. Levels of Maintenance are defined as follows: (1) First Tier Service: COM-NET provides on site service, including removal and replacement of mobile radios. COM-NET and subscribing agencies will develop a mutually agreeable pick-up/delivery plan for first tier service. (2) Second Tier Service: COM-NET provides depot-maintenance and will provide shipping of units to and from the depot. If within 50 miles, the customer will be responsible for delivery and pick up of radios from a designated COM-NET service location. C. User Equipment Maintenance is available 8 AM - 5 PM US Eastern Time (ET) Monday through Friday, except State holidays. Customer issues will be triaged within 1 hour of customer reporting to an Authorized Service Center. D. Customer will receive a repaired or replacement User Equipment unit within five (5) business days of the receipt of the defective unit by Com-Net Ericsson or an Authorized Service Center. E. Customer will be responsible for providing a complete list of the User Equipment units with the following information: Unit Serial Number, Unit Electronics Serial Number (ESN) and the CURRENT Unit Feature Encryption Data String. COM-NET will assist customer in completing such lists. Section 3 Demand Services: Demand Services include activities requested by the STATE that are considered to be outside the scope of this. For work other than as required for User Equipment maintenance, the installation, removal, or reinstallation of equipment shall be performed by COM-NET or an Authorized Service Center, following reasonable notice, and at the prevailing rate. Service work made necessary because of abuse or neglect not under the control of COM-NET will be performed at the prevailing rate for demand services, plus the purchase of G - Equip.docG - Equip Page G-2

3 parts. Special work, not otherwise covered, will be performed at the prevailing rates established by Com- Net Ericsson. Section 4 Customer Financial Obligations A. The fee for each unit covered by this ( Unit Fee ) shall not to exceed: (1) $ per unit for first tier service (2) $ per unit for second tier service Firm prices shall be negotiated with each subscribing agency once unit quantities, pickup/delivery locations and schedules are established. B. The Annual Fee shall be the sum total of the Unit Fees for customer s covered equipment. C. The first year s Annual Fee shall be prorated to coincide with the fiscal year. D. The Annual Fee shall be paid pursuant to the General Conditions and Special Conditions. E. On the annual anniversary date of this Agreement, the Prices may be modified pursuant to the Special Condition entitled Pricing and either raised or lowered in accordance with: (1) For Equipment: the Producers Price Index for communications equipment PCU3663 # 145 (2) For Services: the Producers Price Index for Engineering design, analysis, and consulting PCU8711 #2 F. Subject to the Special Condition for Pricing, the Annual Fee shall be modified sixty days (60) before the last day of the fiscal year to reflect the changes in the actual equipment owned by the Customer. Section 5 Warranty COM-NET warrants that all services performed under this will be done in an efficient and workmanlike manner. Limitation of COM-NET s liability to Customer shall be pursuant to the Limitation of Remedies clause in the Special Conditions. G - Equip.docG - Equip Page G-3

4 Section 6 Term The services under Section 2 will be provided by COM-NET to Customer for an initial one-year period and thereafter on an annual basis as provided herein. Prior to the expiration of the Initial Term of the Agreement or any subsequent renewals, the Customer shall have the unconditional option to renew on an annual basis. In the event the State fails to exercise an option to renew, the Agreement shall continue in full force on a month-to-month basis for a maximum of six (6) months at the current stated contract price. Extension of this Agreement will be governed by Section (11), Florida Statutes. Section 7 Late Payments Late payments shall be handled in accordance with Section 4(d) of the General Conditions. Section 8 General Provisions All notices under this shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representatives named below or any subsequent representative for whom notice was provided pursuant to this section. If to COM-NET, to: Senior Project Manager and Corporate Counsel COM-NET Ericsson Critical Radio Systems, Inc Old Forest Road Lynchburg, Virginia Fax (804) G - Equip.docG - Equip Page G-4

5 If to the STATE, to: Contract Administrator Department of Management Services Purchasing 4050 Esplanade Way Tallahassee, FL Customer: Eligible User s contract manager shall be identified on the Purchase Order form. A. This shall be interpreted and the legal relations between the parties determined in accordance with the laws of the. The invalidity, in whole or in part, of any provision of this shall not affect the validity of enforceability or any other provisions thereof. B. Force Majeure shall be pursuant to the Special Conditions. C. The General Conditions and Special Conditions, and the, shall constitute this. In the event of a conflict between the provisions of the General Conditions and Special Conditions, and any other provisions, which may become a part of this, the terms and conditions of the General Conditions and Special Conditions shall take precedence and govern. This represents the entire understanding of the parties with respect to the subject matter hereof and this supersedes and replaces all prior agreements and understandings, either oral or written regarding the subject hereof. D. This cannot be amended or modified orally. Except as specifically provided herein, all amendments or modifications must be in writing and signed by both parties. E. This may not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, COM-NET may assign its rights to monies due or payable under this ; COM-NET shall provide Customer with written notice of any such assignment. COM-NET s assignment of monies due or payable under the will not relieve COM-NET of any obligations or responsibilities to Customer hereunder. G - Equip.docG - Equip Page G-5

6 F. COM-NET agrees that the rights and obligations of the Customer may be transferred in the event that the agency/department that originally executed this is transferred, moved or absorbed by another entity. IN WITNESS WHEREOF, the Parties have executed and acknowledged this, the day and year first above written. Department of Management Services Approved as to form and legality: Office of General Counsel Department of Management Services By: Date: Cynthia A. Henderson Secretary Com-Net Ericsson Critical Radio Systems, Inc. By: Date: Staff Attorney Approved as to form and legality: Office of General Counsel Com-Net Ericsson Critical Radio Systems, Inc. By: Date: Steven Savor President By: Date: Staff Attorney G - Equip.docG - Equip Page G-6