HomeMy WebLinkAboutPrepaid Support Contrace Service Agreement.PDFt-''$-rz
Ebr,nprurtrvcCENTER
15 Thornwood Drive Ithaca,NY 14850
February 14,2011
Village of Cayuga Heights
836 Hanshaw Road
Ithaca, NY 14850
This is a prepaid Slupport Contract Service Agreement between Baum Control Systems, d/b/a Thecomputing center, 15 Thornwood Drive; Ithica, Ny (hereinafter,,TCC"; ana VlrraGE oFCAYGA HEIGHT'S and is defined as follows:
' lhil i1 a prepaid $8,000.00 service and support contract intended to cover VILLAGE OFCAYGA FIEIGHTS for its.computer systerns, network server, selice & support, and systemsconsultations. This committed resource will be used for a minimum of i scheduledmonthly onsite visit consisting of p-4 hours each for service maintenance, as well as
lomputer sullpof, rouline help de;k, and emergency and special project labor. The
-c_gltl_ttiqg clenter will also be remotely monit6ring VILLAGE op bavcAHEIGHTS's Servers at a charge of $10-0.00 per mo"nth which wlft Ue AeOucteO fiom thecontract at thr: first of each month. Problemremediation pertaining to monitorint;1;.ttwill be billed separately against thp contract. The contrac? is intend"ed to last until thecommitted resource has been used.
o ln addition, the committed resource may also be used for computer support, routine help deskphone support. break-fix.repair,s, logistics support, product acquisition as well as emergency
and special prcrject type labor & matdrials.
r Hourly charges for_work completed iA listed in the Rate Matrix for various nefwork engineer
and technician grades as well as time of day priority The hourly rates will vary depenJingupon the level ofstaffperson selected and upon the level ofurgency required by the Incident.
ltqdard response times will always pe madb during Regular birsiness trours 1M-r g:00am -5:00pm). The other response rates; 8 frour, 4 hour and 2-hour with continuous effort mayinvolve regular hgur;, after business frours, holidays or combinations of any tl-"r. The ratestructure does include discounted hoqrly rates for Network and Sr. Networi< ensineers.
o Minimum time billed for an Incident is 15 minutes for phone support and t hour for on-site
YI- Incidenls beginning after-hourb or on holidays h^ave a 4 hbur minimum charge. Theminimum hour charge may be waived for planned Incidents that areafter-hours or 6n holidays.
Responsibilities of TCCr To provide account management of this contract. This includes tracking of the committed
resource usage, accounting, and to provide VILLAGE OF CAYGA IIEI(3HTS with
periodic reviews of performance.
o To provide appropriately trained and experienced personnel in the various categories listed
in the Rate Matrix.
o To provide appropriate dispatch services to respond to VILLAGE OF CAYGA Iffi,IGHTS
Incident requests within the timelines listed in the Rate Matrix.
o 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.
o 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 Iingineer or
Technician type.
o 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 IIEICIHTS staff
person(s). Once allthe needed items are in our hdnds, we will affect the repair in keeping
with the urgency level of the reported lncident.
r 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 VII.LAGE OF CAYGA I{EIGHTS 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 cornpleted and the
time required for the incident. The invoice will also show the dollar value of the work the
contract amount remaining.
r 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 VILLAGB OF CAYGA HEIGHTSSr To designate a primary VILLAGE OF CAYGA HEIGHTS contact person or persons. Only
the designated VILLAGE OF CAYGA IIEIGHTS 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 IncidenLt Report we will
assume that have authorized the level of seruice requested.
o To provide TCC with appropriately filled out lncident Reports which classily an lncident as
having a Standard response: Greater than24 hours in advance, 8-hour, 4-hour, or a 2- hour
with continuous effoft, response rate. They can also decide if they want a ter;hnician, engineer
or senior engineer assigned. Additionally, there is a designation whether an incident is
approved for after-hours, or for Holiday hours response.
r To provide TCC with access to systems, appropriate security clearances within the guidelines
of the organization, passwords, etc.
o To provide TCC with as much technical information and access to VILLAGE OF CAYGA
IffiIGHTS personnel as available to shorten times to resolution or repair.
Rate Tables
FOR ALL TEC]HNICIANS
Ursency Level Dav Rate/Hr Off-hour Rate/Hr Holidav Rate/Hr
Carry-In (Break/Fix) $ZSLow $85
8 -hour $90
4 - hour $95
2 - hour dcontinuous effort $100
N/A
N/A
N/A
$190
$200
Phone Support $100Low $105
8 - hour $l 10
4 -hour $115
2 - hour dcontinuous effort $120
FOR NETWORI( ENGINEERS
Ursency Level _ Day Rate/IIr
N/A
$16s
sr72.s0
$1 80
FOR SENIOR I{ETWORK ENGINEER AND NETWORK CONSULTING
Ursencv Level Dav Rate/Hr off-hour Rate/rrr Holidav Rate/Hr
Phone Support $105
$11s
$ 12s
$13s
N/A
$220
$230
$240
N/A
$250
$270
$300
N/A
N/A
N/A
$142.s0
$ 150
N/A
$ 187.50
$202.s0
s22s.
Low
8 - hour
4 - hour
2 -how w/continuous effort $150
Rate Definitions
Urgency Level: LOW
8 - Hour
4 - Hour
2 - Hour
TCC response As Soon As Our Schedule permits
TCC will respond within 8 hours
TCC will respond within 4 hours
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 g:00am - 5:00pm
Off Hour Rates Times other than those listed above
Holiday Rates New Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving, Tlie 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 hotyr but can billed in I 5 minute increments.
Terms and Conditions:
Exclusions: TCC is not responsible for repairing equipment for which replacement pafts are no
longer available, or for delays incumed 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 Ifi,IGHTS will be invoiced Net-10 davs.
Non-solicitation Agreement
Unless otherwise mutually agreed to by both parties in writing, each party agreesi not to either
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 defay in furnishing services or other
performance under the agreement. The sole and exclusive remedy for any breachL 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 thqse that have been duly issued by
VILLAGE OF CAYGA F{EIGHTS.
Insurance
TCC shall maintain liability insurance and workman's compensation insurance firr its employees,
and shall require appropriate certificates from any subcontractors it may use. Certificates of
Insurance will be provided to VILLAGE OF CAYGA I{EIGHTS upon request.
4
Relationship of the Parties
TCC and VILLAGE OF CAYGA HEIGHTS are independent legal entities, and nothing in the
Agreement shall tre construed or deemed to create a relationship ofjoint ventures, principal and
agent or employer and employee between them. Specifically, t-CC shatl perform services on behalfof VILLAGE OF CAYGA HEIGHTS as an indepindent contractor and not as an employee, andTCC shall not have, or hold itself out as having, ihe po*er or authority to bind or. .r#. habilityfor VILLAGE OF CAYGA I{EIGHTS.
Neither TCC nor its employees shall be treated as an employee of VILLAGE OF CAyGAIIEIGHTS for FICA, FUTA, federal, state or local income tax withholding purposes, and TCC
shall be responsible for its employees, social security andother tax withfrofOing and payments, aswell as workers' crcmpensation insurance. As a contract service, both parties agiee that no benefits
or retirement funding are applicable, due, or included in the fee paid.
Work for llire
All work perfotmed by the TCC under this Agreement (the "Work") shall be the property ofVILLAGE OF CA'YGA HEIGHTS and all right, title and interest in the Work shal vest tnVILLAGE OF CA.YGA I{EIGHTS, including, without limitation, copyright and all other
proprietary rights in or to any ideas, concepts, analysis, designs, plans, ,oft*ur. (including.
without limitation. object code, source code and documentation), computer programs,
programming code or other similar creative works, and to the productbf uny or-utt otVnLAGEoF CAYGA I{EIGHTS'S services undel this Agreement. The Work shall be deemed to be work
made for hire and made in the course of ihe Consulting Services rendered under this Agreement.
To the extent that title to the Work may r{ot, 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 irevocably assigned fo vILLAGE oF CAYGA HEIGHTS by TCC. The
Work shall belong exclusively to VILLApE OF CAYGA IIEIGHTS, with VILLAGE OF CAYGA
TmIGHTS having the right to obtain and hold in its own name, copyrights, patents, registrations,
anchor other protections as may be approfiriate to the subject matter, and any extensions and
renewals of any copyrightg patents, regidtrations andlor other protections. TCC agrees to give
VILLAGE oF CAYGA HEIGHTS, and any person designated by vILLAGE oFbAyGA
FIEIGHTS, reasonable assistance, at VILLAGE OF CAYGA HEIGHTS"S expense, required toperfect the rights defined in this paragraph. Without limiting the foregoing, tbC acknowledges
and agrees that all memoranda, notes, records and other documents made or compiled by TCt or
made available to TCC during the term of this Agreement concerning VILLAGE'OF CAyGAIIEIGHTS'S business shall be VILLAGE OF CAYGA HEIGHTS'S property, and shall be
delivered by TCC to VILLAGE oF cAYpA HEIGHTS upon terminution oiitri, Agreement or atany other time at VILLAGE OF CAYGA HEIGHTS'S request.
Representation. and Warranties of TCC
TCC represents and warants that all personnel assigned to perform the Consultirrg Services shall
have the requisite skill, training, and experience in order to perform in a competernt and
workmanlike manner, and that all work shall be so perforr,ned in accordance with this Agreement.
TCC represents and warrants that it has the full right, power and authors to enter into this
Asreement.
Agreement
We the undersigned have read and agree that both TCC and VILLAGE OF CAYGA F{EIGHTSS
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
TIEIGHTSS except as may subsequently be mutually agreed to in writing.
VILLAGE OF CAYGA HEIGHTS THE COMPUTING CENTEII
Mary E. Stazi
President
Date Date
Designated Contact Person(s)
By:By:
Incident Report Form
(Fax to 607-257-7685 Attn: Rose or e-mail to Rose@compcenter.com)
Date of Incident Report:Time:
Incident Authorized bv:
End User Name:
Phone & Ext:
E-Mail Address:
Location:
Designate Urgencv Level (Response Time)
_ Standard
_ 8-hour
_ 4-hour
_ 2-hour w/continuous effort
Technician
_ Network Engineer
_ Senior Engineer
_ Consultant
_ Programmer
ribe Equipment or mIn
Approved for Off-hour Action if required
Approved for Off-hour Action if required
VILLAGE OF CAYGA HEIGHTS CORPORATION
-
Describe the Incident
(What is or is not happening, detail any error messages received, if possible):
This section to be filled out by The Computins Center
Date of Phone Call Follow-up Contact:
Computing Center Staff assigned:
Date of Onsite Follow-up Contact:i Start llime:
End Time:
Onsite Analysis of the Incident & Plan for Resolution (Comments):
Replacement Parts Required (List with part numbers)
Date of Onsite Resolution:Start fime:
End T'ime:
(If requiredo additional comments should be written on reverse of this page)