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Home My WebLink Aboutcomputing center proposal.pdf1 15 Thornwood Drive Ithaca, NY 14850 Prepaid Support Contract Service Agreement February 14, 2011 Village of Cayuga Heights 836 Hanshaw Road Ithaca, NY 14850 This is a prepaid Support Contract Service Agreement between Baum Control Systems, d/b/a The Computing Center, 15 Thornwood Drive, Ithaca, NY (hereinafter “TCC” ) and VILLAGE OF CAYGA HEIGHTS and is defined as follows:  This is a prepaid $8,000.00 service and support contract intended to cover VILLAGE OF CAYGA HEIGHTS for its computer systems, network server, service & support, and systems consultations. This committed resource will be used for a minimum of 1 scheduled monthly onsite visit consisting of 2-4 hours each for service maintenance, as well as computer support, routine help desk, and emergency and special project labor. The Computing Center will also be remotely monitoring VILLAGE OF CAYGA HEIGHTS’s Servers at a charge of $160.00 per month which will be deducted from the contract at the first of each month. Problem remediation pertaining to monitoring alerts will be billed separately against the contract. The contract is intended to last until the committed resource has been used.  In addition, the committed resource may also be used for computer support, routine help desk phone support, break-fix repairs, logistics support, product acquisition as well as emergency and special project type labor & materials.  Hourly charges for work completed is listed in the Rate Matrix for various network engineer and technician grades as well as time of day priority The hourly rates will vary depending upon the level of staff person selected and upon the level of urgency required by the Incident. Standard response times will always be made during Regular business hours (M-F 8:00am – 5:00pm). The other response rates; 8 hour, 4 hour and 2 hour with continuous effort may involve regular hours, after business hours, holidays or combinations of any times. The rate structure does include discounted hourly rates for Network and Sr. Network engineers.  Minimum time billed for an Incident is 15 minutes for phone support and 1 hour for on-site work. Incidents beginning after-hours or on holidays have a 4 hour minimum charge. The minimum hour charge may be waived for planned Incidents that are after-hours or on holidays. 2 Responsibilities of TCC  To provide account management of this contract. This includes tracking of the committed resource usage, accounting, and to provide VILLAGE OF CAYGA HEIGHTS with periodic reviews of performance.  To provide appropriately trained and experienced personnel in the various categories listed in the Rate Matrix.  To provide appropriate dispatch services to respond to VILLAGE OF CAYGA HEIGHTS Incident requests within the timelines listed in the Rate Matrix.  To create and maintain on-going periodic schedules with VILLAGE OF CAYGA HEIGHTS’S personnel for planned service. This may be occasional regular service visits or regular daily service visits as required.  To respond to the service request from the designated staff, based upon the urgency described in the Incident Report. All service requests (other than regularly scheduled visits) must be documented with an Incident Report Form that should be faxed or e-mailed to our office. We will then call to confirm scheduling for the specified Engineer or Technician type.  TCC staff will respond within the time request and diagnose the condition. If replacement hardware or software is required to resolve the issue, we will make the request and wait to receive authorization from the designated VILLAGE OF CAYGA HEIGHTS staff person(s). Once all the needed items are in our hands, we will affect the repair in keeping with the urgency level of the reported Incident.  Once a repair has been completed we will complete the Resolution section of the Incident Report and fax or e-mail this to the designated VILLAGE OF CAYGA HEIGHTS Staff person(s) for archiving. In addition we will send a pre-paid (zero dollars due) invoice to Accounts Payable (or other designated location) describing the work completed and the time required for the incident. The invoice will also show the dollar value of the work the contract amount remaining.  Upon request or on a regular basis, TCC will provide a periodic summary report of work completed that will include a year-to-date spending summary. Responsibilities of VILLAGE OF CAYGA HEIGHTSS  To designate a primary VILLAGE OF CAYGA HEIGHTS contact person or persons. Only the designated VILLAGE OF CAYGA HEIGHTS contact person(s) are authorized to initiate an Incident Report by filling out and faxing, phoning or e-mailing an Incident Report (see attached) to our Service Manager’s attention. If we receive a signed Incident Report we will assume that have authorized the level of service request ed.  To provide TCC with appropriately filled out Incident Reports which classify an Incident as having a Standard response: Greater than 24 hours in advance, 8-hour, 4-hour, or a 2- hour with continuous effort, response rate. They can also decide if they want a technician, engineer or senior engineer assigned. Additionally, there is a designation whether an incident is approved for after-hours, or for Holiday hours response.  To provide TCC with access to systems, appropriate security clearances within the guidelines of the organization, passwords, etc.  To provide TCC with as much technical information and access to VILLAGE OF CAYGA HEIGHTS personnel as available to shorten times to resolution or repair. 3 Rate Tables FOR ALL TECHNICIANS Urgency Level Day Rate/Hr Off-hour Rate/Hr Holiday Rate/Hr Carry-In (Break/Fix) $75 N/ A N/A Low $85 N/A N/A 8 – hour $90 N/A N/A 4 – hour $95 $142.50 $190 2 – hour w/continuous effort $100 $150 $200 FOR NETWORK ENGINEERS Urgency Level Day Rate/Hr Off-hour Rate/Hr Holiday Rate/Hr Phone Support $100 Low $105 N/A N/A 8 – hour $110 $165 $220 4 – hour $115 $172.50 $230 2 – hour w/continuous effort $120 $180 $240 FOR SENIOR NETWORK ENGINEER AND NETWORK CONSULTING Urgency Level Day Rate/Hr Off-hour Rate/Hr Holiday Rate/Hr Phone Support $105 Low $115 N/A N/A 8 – hour $125 $187.50 $250 4 – hour $135 $202.50 $270 2 – hour w/continuous effort $150 $225. $300 Rate Definitions Urgency Level: LOW TCC response As Soon As Our Schedule Permits 8 - Hour TCC will respond within 8 hours 4 - Hour TCC will respond within 4 hours 2 - Hour TCC will respond within 2 hours and will provide a technician or engineer on continuous effort basis until the issue is resolved. Day Rates Monday thru Friday 8:00am - 5:00pm Off Hour Rates Times other than those listed above Holiday Rates New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, The Day after Thanksgiving, and Christmas Day. Continuous Effort: A TCC engineer or technician will work continuously on the problem till it is resolved. The rate for phone support is a per hour but can billed in 15 minute increments. 4 Terms and Conditions: Exclusions: TCC is not responsible for repairing equipment for which replacement parts are no longer available, or for delays incurred due to restrictions on the availability of components required to affect a repair or the lack of correct manuals, software media or password access. Contract Term Contract in effect until the committed resource is exhausted. Payment Terms: VILLAGE OF CAYGA HEIGHTS will be invoiced Net-10 days. Non-solicitation Agreement Unless otherwise mutually agreed to by both parties in writing, each party agrees not to eithe r directly, indirectly, or through a third party with whom they have contact, solicit for employment any personnel of the other party during the term of this Agreement and for a period of twelve (12) consecutive months (52 weeks) following the termination of the Agreement. Limitation of Liability TCC shall not be liable for any damages caused by the delay in furnishing services or other performance under the agreement. The sole and exclusive remedy for any breach of warranty, express or implied, including services punished under this Agreement, and all other performance by TCC under or pursuant to this contract shall be limited to the re-performance of any defective service provided by TCC and shall in no event include any incidental or consequential damages. Compliance TCC will comply with all statutes, policies, regulations, and procedures issued by federal, state, and local government agencies that apply to TCC, and those that have been duly issued by VILLAGE OF CAYGA HEIGHTS. Insurance TCC shall maintain liability insurance and workman's compensation insurance for its employees, and shall require appropriate certificates from any subcontractors it may use. Certificates of Insurance will be provided to VILLAGE OF CAYGA HEIGHTS upon request. 5 Relationship of the Parties TCC and VILLAGE OF CAYGA HEIGHTS are independent legal entities, and nothing in the Agreement shall be construed or deemed to create a relationship of joint ventures, principal and agent or employer and employee between them. Specifically, TCC shall perform services on behalf of VILLAGE OF CAYGA HEIGHTS as an independent contractor and not as an employee, and TCC shall not have, or hold itself out as having, the power or authority to bind or create liability for VILLAGE OF CAYGA HEIGHTS. Neither TCC nor its employees shall be treated as an employee of VILLAGE OF CAYGA HEIGHTS for FICA, FUTA, federal, state or local income tax withholding purposes, and TCC shall be responsible for its employees, social security and other tax withholding and payments, as well as workers' compensation insurance. As a contract service, both parties agree that no benefits or retirement funding are applicable, due, or included in the fee paid. Work for Hire All work performed by the TCC under this Agreement (the “Work”) shall be the property of VILLAGE OF CAYGA HEIGHTS and all right, title and interest in the Work shall vest in VILLAGE OF CAYGA HEIGHTS, including, without limitation, copyright and all other proprietary rights in or to any ideas, concepts, analysis, designs, plans, software (including. without limitation, object code, source code and documentation), computer programs, programming code or other similar creative works, and to the product of any or all of VILLAGE OF CAYGA HEIGHTS’S services under this Agreement. The Work shall be deemed to be work made for hire and made in the course of the Consulting Services rendered under this Agreement. To the extent that title to the Work may not, by operation of law, vest in VILLAGE OF CAYGA HEIGHTS, or the Work may not be considered work made for hire, all rights title and interest in the Work is hereby irrevocably assigned to VILLAGE OF CAYGA HEIGHTS by TCC. The Work shall belong exclusively to VILLAGE OF CAYGA HEIGHTS, with VILLAGE OF CAYGA HEIGHTS having the right to obtain and hold in its own name, copyrights, patents, registrations, anchor other protections as may be appropriate to the subject matter, and any extensions and renewals of any copyrights, patents, registrations and/or other protections. TCC agrees to give VILLAGE OF CAYGA HEIGHTS, and any person designated by VILLAGE OF CAYGA HEIGHTS, reasonable assistance, at VILLAGE OF CAYGA HEIGHTS”S expense, required to perfect the rights defined in this paragraph. Without limiting the foregoing, TCC acknowledges and agrees that all memoranda, notes, records and other documents made or compiled by TCC or made available to TCC during the term of this Agreement concerning VILLAGE OF CAYGA HEIGHTS’S business shall be VILLAGE OF CAYGA HEIGHTS’S property, and shall be delivered by TCC to VILLAGE OF CAYGA HEIGHTS upon termination of this Agreement or at any other time at VILLAGE OF CAYGA HEIGHTS’S request. 6 Representation, and Warranties of TCC TCC represents and warrants that all personnel assigned to perform the Consulting Services shall have the requisite skill, training, and experience in order to perform in a competent and workmanlike manner, and that all work shall be so performed in accordance with this Agreement. TCC represents and warrants that it has the full right, power and authors to enter into this Agreement. Agreement We the undersigned have read and agree that both TCC and VILLAGE OF CAYGA HEIGHTSS will comply with all of the requirements and conditions contained within the Agreement. This document constitutes the full and complete agreement between TCC and VILLAGE OF CAYGA HEIGHTSS except as may subsequently be mutually agreed to in writing. VILLAGE OF CAYGA HEIGHTS THE COMPUTING CENTER By:___________________________ By: _________________________ Mary E. Stazi President Date ______________________ Date __________________ Designated Contact Person(s) 7 VILLAGE OF CAYGA HEIGHTS CORPORATION Incident Report Form (Fax to 607-257-7685 Attn: Rose or e-mail to Rose@compcenter.com) Date of Incident Report: ___________ Time: _____________ Incident Authorized by: ___________________ End User Name: _______________________________ Phone & Ext: _____________ E-Mail Address: _____________ Location: _______________________________ Designate Urgency Level (Response Time) ___ Standard ___ 8-hour ___ 4-hour ___ Approved for Off-hour Action if required ___ 2-hour w/continuous effort ___ Approved for Off-hour Action if required Requested Staff to be assigned: ___ Technician ___ Network Engineer ___ Senior Engineer ___ Consultant ___ Programmer Describe Equipment or System Involved in Incident Report: Describe the Incident (What is or is not happening, detail any error messages received, if possible): 8 This section to be filled out by The Computing Center Date of Phone Call Follow-up Contact: ___________ Time: __________ Computing Center Staff assigned: __________________________ Date of Onsite Follow-up Contact: _______________ Start Time: ________ End Time: ________ Onsite Analysis of the Incident & Plan for Resolution (Comments): Replacement Parts Required (List with part numbers) Date of Onsite Resolution: Start Time: End Time: TOTAL MATERIALS……………………………………………$___________ TOTAL LABOR…………………………………………………..$___________ (If required, additional comments should be written on reverse of this page)