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Home My WebLink About2004-145 Indian River Courthouse, Florida L U� Maintenance Contract — Agreement No. # IRC0001 =04152004=1 -SY1 -R p1. QR1� MAINTENANCE AGREEMENT AGREEMENT NO . : IRC0001 -04152004- 1 -SY1 -R CUSTOMER : Indian River County Board of County Commissioners ADDRESS : 1840 25" Street Vero Beach , Florida 32960 American Megacom , Inc . (AMI ) agrees to maintain the Dolman Court Recorder system that is currently installed in seven ( 7 ) courtrooms at the Indian River Courthouse in Florida . A detailed list of Equipment that is covered under this maintenance agreement is specified in Appendix A . The maintenance of this equipment is subject to the terms and conditions set out below: CONDITIONS OF AGREEMENT 1 DEFINITIONS In this Agreement the following terms have the following meanings : 1 . 1 . Telephone Support Telephone support from a qualified service technician or engineer. AMI will provide technical support to the client to address system operation or outages . The technician will provide an assessment to the client as to whether the failure can be handled over the phone or require a site visit. If the outage can be addressed over the phone the technician will proceed to work with the client to resolve the issue to avoid an on-site maintenance call . 1 . 3. Preventive Maintenance Maintenance performed to preserve the life of the equipment. This maintenance will be scheduled by AMI support services and includes inspections , cleanings , system checks and fine- tuning adjustments . Recommended frequency is 2 times per year 1 .4. Corrective Maintenance Maintenance performed to correct or repair equipment that is not operating correctly . This maintenance is scheduled by the customer upon equipment failure . It consists of diagnosing the problem , correcting or repair the equipment so that it operates correctly . Frequency of this type is as required by the customer. Purchase of new equipment when necessary is the responsibility of the client at the direction of an AMI technical support person . All effort will be made to repair the existing hardware and avoid the added expense . 1 . 5. Spare Parts Management American Megacom will maintain inventory at the customer' s site in a pre-determined location . AMI will provide bi-annual inventory reports to the customer and make recommendations to the customer regarding appropriate inventory levels of equipment . Inventory replenishment is the responsibility of the client. AMI could do the replenishment on a " cost plus" basis . Indian River Dolman Maintenance Rev 2a2004 .doc 1 2004 - 2005 Indian River Courthouse, Florida 1 U� Maintenance Contract — Agreement No. # IRC0001 =04152004=1 -SY1 - R 2 THE SERVICE 2. 1 . THE SERVICE HOURS a . AMI will provide maintenance service during AMI ' s normal working hours , Monday through Friday , from 8 : 00 a . m . until 05 : 00 p . m . , excluding holidays . b . Maintenance performed at the customer' s request outside of AMI ' s normal working hours will be billed as follows : Saturday , Sunday $ 150 . 00/hour per person Holidays $ 150 . 00/hour per person 2. 2. EXCLUDED FEES a . Travel expenses will be billed to the customer based on actual expenses . AMI will provide an estimate of expected travel expenses to the client prior to making the call . b . Material Expenses will be the responsibility of the client. AMI will consult with the client as to the material needed to resolve the problems and make the repair when the necessary equipment has been procured . 2. 3. EQUIPMENT MAINTENANCE The service consists of Telephone Support, Corrective Maintenance , and Preventive Maintenance . It includes all labor and telephone support necessary to maintain the equipment (as listed in Appendix A) in proper operating condition and repair the equipment ( as listed in Appendix A) as needed . Defective parts or equipment, when replaced will be repaired and placed back into the Indian River Inventory for future use . 2 .3 . 1 Telephone Support a . Telephone Support will be handled during normal business hours - Monday thru Friday 8 a . m . to 5 p . m . with a 2 hour response for NON -EMERGENCY designated calls and 1 hour response time for EMERGENCY designated trouble calls b . Telephone support initiated by the client during weekends and holidays is considered over and above the standard maintenance contract. Support provided during these times will be billed on an hourly basis at $ 150 . 00/hour for weekends and $ 150 . 00/hour for holidays (a list of holidays can be found in Appendix B ) . These hours will be logged and shown as a separate line on the invoice . 2 .3 . 2 Corrective Maintenance a . On -site calls for corrective maintenance dealing with NON - EMERGENCY situations will be completed during normal business hours , Monday through Friday 8 a . m . to 5 p . m . A day for on - site support will be scheduled with the client and the service engineer within 8 hours of the client' s call to AMI ' s call desk . b . On -site calls for corrective maintenance dealing with EMERGENCY situations will be completed during normal business hours , Monday through Friday 8 a . m . to 5 p . m . On -site response to EMERGENCY situations by the service engineer will be within 8 hours of the client' s call to AMI ' s call desk . c. On -site corrective maintenance support initiated by the client during weekends and holidays is considered over and above the standard maintenance contract. Support provided during these Indian River Dolman Maintenance Rev 2a2004 .doc 2 2004 - 2005 Indian River Courthouse, Florida luvll � Maintenance Contract — Agreement No. # IRC0001 -04152004=1 =SY1 =R times will be billed on an hourly basis at $ 150 . 00/hour for weekends and $ 150 . 00/hour for holidays ( a list of holidays can be found in Appendix B ) . These hours will be logged and shown as a separate line on the invoice . d . Calls for Corrective Maintenance received after normal working hours will be responded to during the next day of contracted hours of service as defined in section 2 . 2 . e . Corrective Maintenance will be scheduled between Monday and Friday . It will be carried out from the time a Service Engineer reaches the site and will continue until the reported failures have been rectified . If access to the courtroom is available the AMI service engineer will continue • beyond the normal working hours with no increase in the hourly rate . NOTE : AMI ' s Service Engineer will endeavor to complete the tasks to the best of his or her ability and within a reasonable time . If work extends into the weekend or a holiday the weekend/holiday hourly rate will apply . f. All Corrective Maintenance calls will be documented by an AMI Service Engineer and presented to Client for review and signature prior to leaving the client' s site . 2 .3 . 3 Preventive Maintenance a . The recommended standard for preventive maintenance is 2 times per year. Preventive maintenance ( PM ) calls will be completed between the months of April and June ( 1St half of year) and between the months of October and December (2nd half of the year) . Scheduling preventive maintenance visits will be the responsibility of the service engineer and client contact. b . Preventive Maintenance will be completed during normal business hours , Monday through Friday , 8 a . m . to 5 p . m . Hours for preventive maintenance will not be counted as corrective maintenance . If corrective maintenance is necessary during a PM visit , the service engineer will inform the client that the repair is outside of the preventive maintenance scope for approval . If approval is granted the hours spent on the corrective maintenance will be applied toward the corrective maintenance support hours of the contract. 2.4. AMERICAN MEGACOM 's LIABILITY AMI ' s liability to the Customer resulting from performance of maintenance service shall be limited • to restoring the equipment covered by this Agreement to good operating condition . AMI ' s Service Engineer will make the determination of whether equipment should be repaired or replaced . 2. 5. MAINTENANCE SERVICE Maintenance service as a result of abuse, negligence, acts of God, fire, rain, flood, wind, earthquake, war, structural failure or failure to operate the equipment in accordance with the power and environmental specification or causes outside the ordinary intended use of the equipment are not covered by this Agreement. AMI will provide these services as a separate contract with a separate scope of work. 3 CHARGES a . AMI reserves the right to increase the Maintenance Charges at any time after the first year of this Agreement. AMI must provide the Customer with a minimum of two (2 ) month ' s notice in writing prior to the termination of that year. Such charges shall be held at a reasonable level in relation to increased labor and material costs . If the maintenance charge is increased and not accepted by the Customer, then the Customer shall be entitled to terminate this Agreement by giving two (2 ) month ' s notice to AMI . In all other cases , the increase in the maintenance charges shall take effect from the date of the expiration of the written notice from AMI . b . AMI reserves the right to discontinue maintenance on obsolete or equipment whose usable life • has expired . AMI must provide the Customer with a minimum of two (2 ) month ' s notice in writing Indian River Dolman Maintenance Rev 2a2004 .doc 3 2004 - 2005 Indian River Courthouse, Florida 7 U Yll Maintenance Contract — Agreement No . # IRC0001 =04152004= 1 =SY1 =R prior to the termination of that year if all equipment does not qualify to be covered under AMI ' s Maintenance Agreement. If all equipment does not qualify for maintenance , AMI will provide the Customer with an updated Equipment Schedule for Maintenance (Appendix A) and assign a new Maintenance Agreement Number. The accompanying invoice will reflect the changes to the equipment list. c . Maintenance not covered by a Maintenance Agreement will be charged at AMI ' s standard billable rate in effect at the time the maintenance is performed . 4 CONTRACT VALUE a . Service Level Maintenance Package #2 The yearly contract price for the services described above is $ 13 , 728 . 00 (travel and equipment expense not included ) for 7 courtrooms . This can be paid to AMI on a monthly or annual basis . It includes monthly Telephone support, Corrective maintenance , and Preventive maintenance . It allows for 4 hours of telephone support per month . The unused telephone support hours can be rolled over to the next month . It includes two eight hour corrective maintenance trips per year and two preventive maintenance trips per year. Hours used beyond those that have been stated will be billed at an increased rate of $ 125 . 00/hour. Excluded from the contract price above is travel expenses (airfare , hotel , car rental , etc) and any equipment expenses necessary for repair/replacement. AMI estimates total travel expenses for the year to be approximately $4 , 400 . 00 (assumes 4 trips) and maximum equipment expenditure to be approximately $5 , 000 . These are estimates only and may or may not be incurred . 5 VALIDITY OF THE AGREEMENT \�► �v 2004 a . This Agreement is valid for one ( 1 ) year commencing on April 15 , 2003-and is automatically renewable for a period of one year unless otherwise mentioned by either party giving two months notice in writing . b . If either party is in default of its obligations under this Agreement or such default continues for thirty ( 30 ) days after intimation thereof by either party , this Agreement may be terminated . 6 GENERAL a. The Customer shall give AMI service personnel free access to the equipment to enable AMI to carry out the Maintenance Service . In order to facilitate maintenance , AMI ' s service personnel might request the presence of individual (s ) operating the equipment and the Customer agrees to make available such operators at the equipment site . b . AMI service personnel can only carry out any alterations , modifications , adjustments , attachments , repairs and change of location and should the Customer desire to avail the services of an outside source , it may do so by obtaining prior written permission from AMI . c . Any unauthorized alterations , modifications , adjustments , attachments , repairs and change of location that cause maintenance problems will be repaired by AMI and charged as billable repair work . The charges will include labor and travel expenses ( if applicable ) . Labor will be billed at AMI ' s standard billable rate in effect, at the time the maintenance is performed . Indian River Dolman Maintenance Rev 2a2004 . doc 4 2004 - 2005 Indian River Courthouse, Florida 7 Uvll� Maintenance Contract — Agreement No . # IRC0001 =04152004= 1 =SY1 =R d . The Customer shall at all times observe , perform and fulfill all instructions , whether oral or written , issued by AMI in respect to the operation of the equipment . Customer shall notify AMI immediately if it is aware that the equipment needs maintenance or it is not working properly . e . AMI shall not be liable to the customer for consequential loss , damage or injury including loss or profit of any kind Agreed and Accepted Agreed and Accepted For and on behalf of Customer For and on behalf of AMI Indian River County Board of County American Megacom , Inc . Commissioners 37675 Pembroke Customer Livonia , Michigan 48152 1840 25th Street, ; y , Address11 O�t4E ., �; Verq : ; Flofic� � 960 City; qtat6 Zip .•.•" ^ • Sign ture Signbture Jane Sydlowski Car a�i Name NanTe " .` , ; . . c President Chan 1$ Cntwll • Title Title ' `• ° •A June 17 , 2004 June 22 , 2004 Date Date APPROVED AS TO O M AND l �E AL FI Y BY4 WIL IAM K . DE AL ASSISTANT COUNTY ATTORNEY SEPHBAIRD OUNTY ADMINISTRATOR Indian River Dolman Maintenance Rev 2a2004 .doc 5 2004 - 2005 3 IT ' Indian River Courthouse, Florida 1 U Yll Maintenance Contract — Agreement No. # IRC0001 =04152004- 1 -SY1 - R APPENDIX A LIST OF EQUIPMENT Equipment List for Maintenance Agreement No . IRC0001 -04152003 - 1 - SY1 -N Item No Model No. Description Serial No . 1 SA370 AC- Power Plug 1 4800z Fan 110v 2 9497 Finger Guards 1 232 Power Strip 15a 1 223 Barrier Strip12p 5 LABELVCR VCR Label 1 SVP191962 Vent Panel ( black) 1 SVP93196 Vent Panel black 1 20- 140 Terminal 20 os 1 B- 10- 140 Terminal 10 os 1 PS2420 Power Supply 1 PTRK21 Equipment Cabinet 5 U3 Shelve Utility SVO 1610 or 5 SVO1630 Sony VCR 2 ST-- EQ3 Equalizer 5 276- 143 Led Infrared 5 CL46VM3 Color Camera w/a 1 WINNTVGO Winn TV 1 RM50SCT Time Date Gen 1 MB25B- BK Rack Mount Kit 2 BG- 115 Toa Amps 2 F- 155GM 120w Speakers 8 M-01S Microphone Modules 2 U -01S Aux. Modules 1 W-32 Wireless Microphone 1 DG115S1 Data Guards 1 CABCPUA 5" Din Cable 2 CABCPUV 3" Din Cable 5 CABVCRC VCR Cable 1 LC5 Fan Cords 1 953 Power Cord 5 V1100AWM Camera Mounts 1 CL/CSW/DOS Court Log Software CONTROL 1 READY VCR Controller Indian River Dolman Maintenance Rev 2a2004 .doc 6 2004 - 2005 Indian River Courthouse, Florida TU VI 'V Maintenance Contract — Agreement No . # IRC0001 =04152004=1 -SY1 -R APPENDIX A LIST OF EQUIPMENT Equipment List for Maintenance Agreement No . IRC0001 - 04152003 - 1 - SYI -N Item Model No. rSscriptson Serial, No. No. 1 SA370 AC-Power Plug 1 4800z Fan 110v 2 9497 Finger Guards 1 232 Power Stri 15a 1 223 Barrier Strip12p 5 LABELVCR VCR Label 1 SVP191962 Vent Panel ( black) 1 SVP93196 Vent Panel black 1 20- 140 Terminal 20 os 1 B- 10- 140 Terminal 10 os 1 PS2420 Power Supply 1 PTRK21 Equipment Cabinet 5 U3 Shelve Utility SVO 1610 or 5 SVO1630 Sony VCR 2 ST-- EQ3 Equalizer 5 276- 143 Led Infrared 5 CL46VM3 Color Camera w/a 1 WINNTVGO Winn TV 1 RM50SCT Time Date Gen 1 MB25B- BK Rack Mount Kit 2 BG- 115 Toa Amps 2 F- 155GM 120w Speakers 8 M-01S Microphone Modules 2 U -01S Aux . Modules 1 W-32 Wireless Microphone 1 DG115S1 Data Guards 1 CABCPUA 5 " Din Cable 2 CABCPUV 3 " Din Cable 5 CABVCRC VCR Cable 1 LC5 Fan Cords 1 953 Power Cord 5 V1100AWM Camera Mounts 1 CL/CSW/DOS Court Log Software CONTROL 1 READY VCR Controller Indian River Dolman Maintenance Rev 2a2004 . doc 6 2004 - 2005 Indian River Courthouse, Florida TU V1 I Maintenance Contract — Agreement No . # IRC0001 -04152004=1 -SY1 =R Item Model No. tecription $aria ) No. No. 1 MCP READY Master Control Panel ( MCP ) 1 CPU READY Central Processor Unit (CPU) 1 CMUTE Clerk Mutes 3 J/AMUTE Judge and Attorney Mutes 1 RRI READY Record Indicators 1 AVP/Ready Audio Video Processor (AVP ) 1 EXP/READY AVP Expansion Unit EXP 6 Low Profile microphones 1 Digital Color Quad Generator 1 24VDC Power Supply 2 27 " color TV Monitors 2 TV wall mounts 4 Transcription Units M - c Omit `ral Maintenance per year: $ 13, 728 . 00 VV a qty a Signatu,` 45 04 Signature Jane S dlowski CARO)); D . GINN Y Name Name CHAI 4A President Title BCC Title JUNE 22 , 2004 approved June 17 , 2004 Date Date Indian River Dolman Maintenance Rev 2a2004 .doc 7 2004 - 2005 3 101 Indian River Courthouse, Florida 1 U V1I Maintenance Contract — Agreement No . # I RC0001 =04152004= 1 =SY1 =R APPENDIX C MAINTENANCE PACKAGE FEATURES * Service Level Maintenance Program #2 —Telephone Support —Corrective Maintenance Service —Preventive Maintenance Service —Consistent monthly billing for all services above —Client provides required hardware —AMI can assist in hardware procurement —Includes 4 hours of service per month for telephone support and corrective maintenance —Fixed fee —Actual travel time is charged at 60 % of the hourly rate . —Emergency and overage hours are billed at rate of $ 125 . 00 per hour —Unused hours can be rolled over to be used in the next month. Indian River Dolman Maintenance Rev 2a2004 .doc 9 2004 - 2005