HomeMy WebLinkAbout2829 ORIGINAL
1
RESOLUTION NO 2 8 2 9
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 AGREEMENT FOR TELEPHONE SERVICES BETWEEN THE CITY OF AUBURN
5 AND U S WEST COMMUNICATIONS FOR THE PURPOSE OF MAINTAINING
THE CITY' S TELEPHONE SYSTEM
6
7
8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
9 REGULAR MEETING, DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1 The Mayor and City Clerk of the City of
11
Auburn are hereby authorized to execute an Agreement for
12
13 Telephone Services between the City and U S WEST
14 COMMUNICATIONS for the purpose of maintaining the City' s
15 telephone system in an amount not to exceed $22 , 000 00 A
16 copy of said Agreement is attached hereto, designated as
17
Exhibit "A" and incorporated by reference in this Resolution
18
19 Section 2 . The Mayor is hereby authorized to implement
20 such administrative procedures as may be necessary to carry
21 out the directives of this legislation
22
23
24
25
26
Resolution No 2829
February 24, 1997
Page 1
1
DATED and SIGNED this 3rd day of March, 1997
2
3
CITY OF AUBURN
4
5 2
CHARLES A BOOTH
7
Mayor
8
9
10 ATTEST
11
12
13 elL1/4419,10aliat
Robin Wohlhueter,
14 City Clerk
15
16
17 APPROVED AS TO FORM
18
19
20 ■ Ivu�
21 Michael J Reynolds,
City Attorney
22
23
24
25
26
Resolution No 2829
February 24, 1997
Page 2
11-MAR-97 01:54 PM OMBILSHP PAGE 1
Ship-to addresses by BILNO
Data definition (OM BILSHP) Bit! To Customer no: 23110292
2311029201 2311029202 2311029203
CITY OF AUBURN CITY OF AUBURN CITY OF AUBURN
25 W MAIN FIRESTATION # 31 FIRESTATION # 32
AUBURN, WA 98002 1101 D STREET NE 1951 R STREET SE
Attn: PAM PEDERSON AUBURN, WA 98002 AUBURN, WA 98002
Attn: PAM PEDERSON Attn: PAM PEDERSON
2311029204 2311029205 2311029206
CITY OF AUBURN CITY OF AUBURN CITY OF AUBURN
MAINTENANCE SHOP PUBLIC LIBRARY SENIOR CENTER
1305 C STREET SW 808 9TH STREET SE 910 9TH STREET SE
AUBURN, WA 98002 AUBURN, WA 98002 AUBURN, WA 98002
Attn: PAM PEDERSON Attn: PAM PEDERSON Attn: PAM PEDERSON
2311029207 2311029208
CITY OF AUBURN CITY OF AUBURN
MALL PRECINCT FIRESTATION # 33
1301 SUPERMALL WAY 2815 C STREET SW (GSA)
AUBURN, WA 98002 AUBURN, WA 98002
Attn: PAM PEDERSON Attn: PAM PEDERSON
Agreement No.
USW-CS Job No._
Customer Number 2311029201
MAINTENANCE AGREEMENT
This Agreement is entered into as of this 1st day of March , 19 97 , by and between U S WEST Communications
Services. Inc. ("USW-CS") and City of Auburn ("Customer") for the work and equipment described below
City of Auburn
See Locations Listed Below
Ouantitv Euuipment Maintained Exception Product
YSTEM LOCATION ADDRE, S SYSTEM TYPE PRICE/YEAR
MAIN 25 W Main Street OPTION 61 $11 403 75
SENIOR CENTER 910 9th Street SE NORSTAR 6X16 $324.00
MALL PRECINCT 1301 Supermall Way NORSTAR 6X16 $432.00
FIRESTATION #31 1101 D Street NE NORSTAR 8X24 $2,479.20
FIRESTATION #32 1951 R Street NORSTAR 6X16 $360.00
FIRESTATION #33 2815 C Street SW (GSA) NORSTAR 6X16 $960.00
LIBRARY 808 9th Street SE NORSTAR 6X16 $540.00
MAINTENANCE SHOP 1305 C Street SW NORSTAR 8X24 $2,174.40
Additional Equipment Schedules? Yes _ No
Standard Service Hours Extended Service Hours
Annual Maintenance Charge $18.673.35 Annual Maintenance Charge
Sales Tax 8.2% 1.531,21 Sales Tax
Total Annual Maintenance Charge $20,204.56 Total Annual Maintenance Charge
THE TERMS AND CONDITIONS IN THIS MAINTENANCE AGREEMENT INCLUDING THOSE ON PAGES 2 & 3 OF THIS
MAINTENANCE AGREEMENT AND THE GENERAL TERMS AND CONDITIONS INCORPORATED BY THIS REFERENCE
TOGETHER WITH ANY OTHER REFERENCED OR INCORPORATED SCHEDULES,SHALL GOVERN THIS TRANSACTION.
CUSTOMER U S WEST COM UNICATION/ SERVICES, INC.
Lhar(� Q . c-L nature
bnature
of & isOutith
Name (Typed or Printed) Printed Name (Typed or Printed)
96(o 951— 3/01//
Telephone Number USW-CS Maintenance Telephone Number
u)S 771-464-)r ;atillAJ
Address Address Exhibit "A" Resolution No. 2829
Adopted 3/3/97
I MAINTENANCE SERVICES PROVIDED
In return for Customer's payment of the specified charges, USW-CS agrees to maintain the listed equipment
("Equipment'), including any embedded software, in accordance with the manufacturer's specifications. USW-CS
will provide all necessary labor, tools and materials, and will repair or replace, at its option, any necessary
parts. All parts and materials shall be of at least equal quality to the original. and may be new or used with
equivalent-to-new performance characteristics. EXCEPT FOR THE FOREGOING, USW-CS MAKES NO OTHER
WARRANTIES. EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
2.PROCEDURE UPON FAILURE OR MALFUNCTION OF EOUIPMENT
CUSTOMER agrees to notify the USW-CS Service Center of failure or malfunction of the Equipment by telephoning
the USW-CS' Telephone Number listed on the front page of this Agreement.
A. Emergency Procedure (Exception Products Excluded)
An "Emergency" is defined as a major malfunction, which shall consist of one or more of the following
conditions
(I) Complete failure of the system;
a. No incoming or outgoing communication to or from Customer's premise; or
b. No internal communications within the system.
(2) Failure of a critical subsystem;
a. Inoperative attendant console;
b. Inoperative Message Accounting system;
c. 40% of all telephones out-of-service; or
d. 20% of all trunk circuits out-of-service.
When notice of an Emergency is received during USW-CS Standard Service Hours, USW-CS agrees to make every
reasonable effort to have maintenance personnel respond within two (2) hours of said notice. If Customer has
selected Extended Service Hours, when notice of an Emergency is received during hours other than USW-CS
Standard Service Hours, USW-CS agrees to make every reasonable effort to have maintenance personnel respond
within four (4) hours of said notice, twenty-four (24) hours per day seven (7) days a week. USW-CS Standard
Service Hours are defined for the purpose of this Agreement as 8:00 a.m. to 5:00 p.m. Monday through Friday
local time, except USW-CS observed holidays.
B Non-Emergency Procedure (Exception Products Excluded)
"Non-Emergency" is defined as a minor malfunction consisting of any failure other than a major malfunction
as defined above. USW-CS agrees to make every reasonable effort to have maintenance personnel respond within
twenty-four (24) hours of notice of a Non-Emergency malfunction or next workday when notice precedes a
weekend or holiday
C Exception Products
Exception Products are those products designated as such on the reverse side of the Agreement.
USW-CS will respond on a reasonable efforts basis to failures of Exception Product equipment.
Exhibit "A" Resolution No. 2829
Adopted 3/3/97
3.EXCLUSIONS
Maintenance excludes all services not specifically agreed to in writing by USW-CS including, but not limited to:
a. Work on any equipment that is not located at the address specified in this Agreement or equipment which has
been altered by anyone other than USW-CS,
b. Making Customer specified changes or adding or removing accessories, attachments or other devices;
c. Moving or relocating the Equipment;
d. Repair or replacement of lost or stolen parts or materials, or repair or replacement of parts, materials or
software damaged through accident, negligence, abuse, misuse, connection with incompatible equipment. failure
of electrical power air conditioning or humidity control, riot or other civil disturbance, strike or other labor
trouble, sabotage, fire, flood, severe electric storms or acts of God. Customer agrees to maintain a clean, dust-free
ventilated environment with a maximum 76 degrees Fahrenheit and 30%-50% relative humidity or such other
environment that the manufacturer may specify
e. Failure or malfunction of attached, related, collateral or ancillary equipment not covered by this Agreement.
f. Work on equipment not listed in this Agreement.
g. Problems resulting from work done by others during the term of this Agreement.
h. Maintenance of head sets.
I. Battery replacement.
4 PAYMENT
The Maintenance charges set forth in this Agreement are calculated on a monthly basis, but shall be billed and
payable on an annual basis. The first annual payment will be due in full the date this Agreement is signed.
Subsequent payments are due in full at the beginning of each subsequent year throughout the term of this
Agreement. Multiple year agreement prices will be adjusted annually on the anniversary date of the Agreement
based on the CPI or 10% whichever is less and on past year growth.
5.TERM
This Agreement will remain in effect for a period of twelve (t2) months from its effective date or if selected, will
automatically renew for an additional term of one year at USW-CS's then current prices (which will be submitted
sixty (60) days in advance of scheduled renewal of this Agreement) unless either party gives the other written
notice of termination at least thirty (30) days in advance of any scheduled renewal.
Automatic Renewal YES NO Customer Initials e°A 3o0'tQ
Exhibit "A" Resolution No 2829
Adopted 3/3/97
r
1
r „ I -
Agreement No.
Customer No. Z5// 0 Z4 7 of
U S WEST COMMUNICATIONS SERVICES, INC.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions, when incorporated into an executed agreement between C i t y of A u b u r n
("Customer") and U S WEST Communications Services, Inc. ("USW-CS") (the Agreement"), will govern the relationship between
the parties for goods and/or services supplied by USW-CS.
1. Payment Terms. All payments are due and payable within thirty (30) days following the invoice date. Late payment charges
may be assessed on past due amounts at 1 1/2%percent per month, or the highest lawful rate, whichever is less.
2. Risk of Loss and Security Interest. Risk of loss for purchased equipment will pass to Customer upon delivery, except for
damage caused by USW-CS, its employees, agents or subcontractors. Until full payment to USW-CS, Customer grants to USW-CS
a continuing security interest in the equipment, including additions, replacements and proceeds, and authorizes USW-CS to file a
financing statement with or without Customer's signature.
3. Uncontrollable Conditions. USW-CS shall not be responsible for any damages, delay in performance or failure to perform if
caused by acts or occurrences beyond its reasonable control, including but not limited to, strikes or other labor disputes, embar-
goes, government regulations or requirements (executive, legislative, judicial, military or otherwise), power failure, electrical surges
or current fluctuations, lightning, earthquake, flood, war, water the elements, or other forces of nature, delays or failures of trans-
portation, equipment shortages, suppliers' failures, or acts or omissions of telecommunications common carriers (whether or not
affiliated with USW-CS).
4. Health and Safety Compliance.. USW-CS and Customer will adhere to all applicable health, safety and environmental laws,
rules and regulations, including the Occupational Safety and Health Administration's ("OSHA") and the Environmental Protection
Agency's ("EPA') rules and regulations (collectively, "Safety Regulations"). Unless specified in the Agreement, USW-CS will not
work in any area where a Hazardous Substance is present. "Hazardous Substance" means a substance regulated by any Safety
SRegulation and includes, but is not limited to, asbestos. USW-CS may work in an area containing non-friable asbestos if USW-CS
determines in its sole judgement that the work will not disturb or cause the asbestos to become friable.
-'I'
Customer is responsible for informing USW-CS of the existence, location and condition of any Hazardous Substances that may be
in or around the USW-CS work area. Customer indemnifies and holds USW-CS harmless for any fines or other liability of USW-CS
arising from Customer's failure to inform USW-CS of Hazardous Substances of which Customer knew or should have known.
USW-CS may, without affecting Customer's informational duties and indemnification, suspend work from the time it reasonably iden-
tifies areas where Hazardous Substances may be present until the work area is in compliance with then-constituted Safety
Regulations. Any such suspension is not a default of the Agreement, and any delays from the suspension may result in a similar
delay in work completion, without penalty to USW-CS. If the parties cannot agree whether USW-CS's work can be performed
through completion without a violation of Safety Regulations, or cannot agreeito payment of added costs, if any either party may
terminate the Agreement without penalty Such termination shall not effect Customer's obligation to:pay for equipment, software and
services provided by USW-CS prior to the effective date of termination. " bt I U
1
I
5. Limitation of Liabilities. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDI-
RECT OR SPECIAL DAMAGES, INCLUDING COMMERCIAL LOSS, HOWEVER CAUSED AND REGARDLESS OF LEGAL THE-
ORY OR FORESEEABILITY, WHICH DIRECTLY OR INDIRECTLY ARISES FROM THE SERVICES, EQUIPMENT OR SOFT-
WARE PROVIDED BY USW-CS. t..
EACH PARTY IS RESPONSIBLE TO THE OTHER FOR ACTUAL, PHYSICAL DAMAGES DIRECTLY CAUSED IN THE COURSE
OF ITS PERFORMANCE UNDER THE AGREEMENT, BUT LIMITED TO DAMAGES FOR PERSONAL INJURY OR DEATH, OR
TO TANGIBLE PROPERTY ARISING IN EACH CASE FROM ITS NEGLIGENT ACTS OR OMISSIONS.
6. Fraudulent U . request f e `tourer,\USW-CS may provide information relative to equip tit °o ration and features,
an s for eo'i y safeg arding the equipment against toll fraud and unauthorized a f sm v� uet der
is solel responsible f tiq\s��ec��ri���1y',,�`Rgf it w ommunications equipment and services, aut orizatio \codes, routing assignments,
systems a re ' , voice fff'aif Welt dire inward system access (DISA), and internal �sW 'r d perijfigns.ZUSB- �r�/1 ifs
affiliates are not responsible for dams es r lating to unauthorized long distance charges, unauthorized Pad et or usage c arees, ,4
unauthorized access or other misuro er's equipment and/or services by Customer its employees arf�l e is any
� �N ) .
third parties. ��((\\��\\ �,(�(� � / \7. Patent Indemnity. USW-CS will defend,.at_its own expense, aannyy antfdn orou Fit ac inst Ct�stL'm�F to the;ekte{nttN he actiioon
claims that any equipment or software supplied by USW-CNinfr t9i g\JUiSi $ates patent or copyright. USW-CS will pay finally
Rev 6-14.93 UUU i'�W
USWCS-999
CUSTOMER C
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Pam Pedersen, Computer Syst. Specialist
FROM Robin Wohlhueter, City Clerk g it"
SUBJECT US West Maintenance Agreement
DATE. March 5, 1997
Per your request, attached are two original Maintenance Agreements and one four
part US West Communications Services, Inc. General Terms and Conditions
Agreement that were adopted by the City Council on March 3, 1997 and approved
by the Mayor pursuant to Resolution No 2829 Each agreement has been signed
by the Mayor and now require the signature of US West Communication Services,
Inc.
Once you have obtained the necessary signatures on each Agreement, please
return a fully executed original for each Agreement to me for filing with Resolution
No 2829
Thank you.
cc: Diane Supler, Finance Director
File Telephones, Maintenance
-JJ J�J (303) 799-4646
Agreement No.
Customer No.
U S WEST COMMUNICATIONS SERVICES, INC.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions, when incorporated into an executed agreement between C i t y of A u o u r n
("Customer") and U S WEST Communications Services, Inc. ("USW-CS") (the "Agreement"), will govern the relationship between
the parties for goods and/or services supplied by USW-CS.
1. Payment Terms. All payments are due and payable within thirty (30) days following the invoice date. Late payment charges
may be assessed on past due amounts at 1 1/2%percent per month, or the highest lawful rate,whichever is less.
2. Risk of Loss and Security Interest. Risk of loss for purchased equipment will pass to Customer upon delivery except for
damage caused by USW-CS, its employees, agents or subcontractors. Until full payment to USW-CS, Customer grants to USW-CS
a continuing security interest in the equipment, including additions, replacements and proceeds, and authorizes USW-CS to file a
financing statement with or without Customer's signature.
3. Uncontrollable Conditions. USW-CS shall not be responsible for any damages, delay in performance or failure to perform if
caused by acts or occurrences beyond its reasonable control, including but not limited to, strikes or other labor disputes, embar
goes, government regulations or requirements (executive, legislative, judicial, military or otherwise), power failure, electrical surges
or current fluctuations, lightning, earthquake flood, war water the elements, or other forces of nature, delays or failures of trans-
portation, equipment shortages, suppliers failures, or acts or omissions of telecommunications common carriers (whether or not
affiliated with USW-CS).
4. Health and Safety Compliance. USW-CS and Customer will adhere to all applicable health, safety and environmental laws,
rules and regulations, including the Occupational Safety and Health Administration's ("OSHA") and the Environmental Protection
Agency's ("EPA") rules and regulations (collectively "Safety Regulations'). Unless specified in the Agreement, USW-CS will not
work in any area where a Hazardous Substance is present. "Hazardous Substance" means a substance regulated by any Safety
Regulation and includes, but is not limited to, asbestos USW-CS may work in an area containing non-friable asbestos if USW-CS
determines in its sole judgement that the work will not disturb or cause the asbestos to become friable.
Customer is responsible for informing USW-CS of the existence, location and condition of any Hazardous Substances that may be
in or around the USW-CS work area. Customer indemnifies and holds USW-05 harmless for any fines or other liability of USW-CS
ansing from Customer's failure to inform USW-CS of Hazardous Substances of which Customer knew or should have known.
USW-CS may, without affecting Customer's informational duties and indemnification, suspend work from the time it reasonably iden-
tifies areas where Hazardous Substances may be present until the work area is in compliance with then-constituted Safety
Regulations. Any such suspension is not a default of the Agreement, and any delays from the suspension may result in a similar
delay in work completion, without penalty to USW-CS. If the parties cannot agree whether USW-CS's work can be performed
through completion without a violation of Safety Regulations, or cannot agree to payment of added costs, if any, either party may
terminate the Agreement without penalty Such termination shall not effect Customer's obligation to pay for equipment, software and
services provided by USW-CS prior to the effective date of termination.
5. Limitation of Liabilities. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDI-
RECT OR SPECIAL DAMAGES, INCLUDING COMMERCIAL LOSS, HOWEVER CAUSED AND REGARDLESS OF LEGAL THE
ORY OR FORESEEABILITY, WHICH DIRECTLY OR INDIRECTLY ARISES FROM THE SERVICES, EQUIPMENT OR SOFT
WARE PROVIDED BY USW-CS.
EACH PARTY IS RESPONSIBLE TO THE OTHER FOR ACTUAL, PHYSICAL DAMAGES DIRECTLY CAUSED IN THE COURSE
OF ITS PERFORMANCE UNDER THE AGREEMENT, BUT LIMITED TO DAMAGES FOR PERSONAL INJURY OR DEATH, OR
TO TANGIBLE PROPERTY ARISING IN EACH CASE FROM ITS NEGLIGENT ACTS OR OMISSIONS.
6. Fraudulent Use. Upon request of the Customer USW-CS may provide information relative to equipment operation and features,
and recommendations for reasonably safeguarding the equipment against toll fraud and unauthorized access. However Customer
is solely responsible for the security of its own communications equipment and services, authorization codes, routing assignments,
systems addressing, voice mail boxes, direct inward system access (DISA), and internal systems and operations. USW-CS and its
affiliates are not responsible for damages relating to unauthorized long distance charges, unauthorized packet or usage charges,
unauthorized access or other misuse of Customer's equipment and/or services by Customer, its employees and agents, or by any
third parties.
7. Patent Indemnity. USW-CS will defend, at its own expense, any action brought against Customer to the extent the action
claims that any equipment or software swooned by USW-CS infringes a United States patent or copyright. USW-CS will pay finally
U S WEST Communications Services, Inc.
U.S Bank Centre
1420 Filth Avenue, Suite 1600
Seattle,Washington 98101
(206)623-8800
Business&Government Services COMMUNICATIONS
February 24 1997
Pam Pederson
City of Auburn
25 West Main
Auburn, WA 98002
Dear Pam.
Attached is the Maintenance Agreement we discussed earlier today for City of Auburn s
Nortel voice systems.
All eight locations are covered under this agreement as they are listed on the front page of
the document. You have selected standard service hours and the term of the agreement is
for one year
If everything appears to be in order please sign both originals and return them to my
attention at 1420 Fifth Avenue, Suite 1600, Seattle, WA 98101 Also, please sign and
enclose the General Terms and Conditions document.
I will return one original copy to you after the agreement has been entered into our
computer data base and an agreement number has been assigned.
Pam, in advance I would like to thank you for choosing U S WEST as your
telecommunications vendor of choice. I am looking forward to working with you. If you
have any questions please call me at 206-224-5524 or you can send me an E-mail at
dtrimbl@uswest.com.
Sincerely,
Dan Trimble
Account Manager
Business and Government Services
•
Agreement No.
USW-CS Job No
Customer Number 2311029201
MAINTENANCE AGREEMENT
This Agreement is entered into as of this 1st day of March , 19 97 , by and between U S WEST Communications
Services, Inc. ("USW-CS") and City of Auburn ("Customer") for the work and equipment described below
City of Auburn
See Locations Listed Below
Quantity Equipment Maintained Exception Product
SYSTEM LOCATION ADDRESS SYSTEM TYPE PRICE/YEAR
MAIN 25 W Main Street OPTION 61 $11,403 75
SENIOR CENTER 910 9th Street SE NORSTAR 6X16 $324.00
MALL PRECINCT 1301 Supermall Way NORSTAR 6X16 $432.00
FIRESTATION #31 1101 D Street NE NORSTAR 8X24 $2,479.20
FIRESTATION #32 1951 R Street NORSTAR 6X16 $360.00
FIRESTATION #33 2815 C Street SW (GSA) NORSTAR 6X16 $960.00
LIBRARY 808 9th Street SE NORSTAR 6X16 $540.00
MAINTENANCE SHOP 1305 C Street SW NORSTAR 8X24 $2,174.40
Additional Equipment Schedules? Yes _ No _
Standard Service Hours Extended Service Hours
Annual Maintenance Charge $18.673.35 Annual Maintenance Charge
Sales Tax 8.2% 1.531.21. Sales Tax
Total Annual Maintenance Charge $20.204.56 Total Annual Maintenance Charge
THE TERMS AND CONDITIONS IN THIS MAINTENANCE AGREEMENT, INCLUDING THOSE ON PAGES 2 & 3 OF THIS
MAINTENANCE AGREEMENT AND THE GENERAL TERMS AND CONDITIONS INCORPORATED BY THIS REFERENCE
TOGETHER WITH ANY OTHER REFERENCED OR INCORPORATED SCHEDULES,SHALL GOVERN THIS TRANSACTION.
CUSTOMER U S WEST COMMUNICATIONS SERVICES, INC.
a
Signature Signature
ChOALO a P -CLtn
Na (Typed or Printed) Printed Name (Typed or Printed)
me.
/ 62 ) 9V- -
Telephone Number USW-CS Maintenance Telephone Number
(9S /W4,i 9J 11i-tllitalv
Address Address Exhibit "A" Resolution No. 2829
Adopted 3/3/97
•
1.MAINTENANCE SERVICES PROVIDE'
In return for Customers payment of the specified charges, USW-CS agrees to maintain the listed equipment
("Equipment"), including any embedded software, in accordance with the manufacturer's specifications. USW-CS
will provide all necessary labor tools and materials, and will repair or replace, at its option, any necessary
parts. All parts and materials shall be of at least equal quality to the original. and may be new or used with
equivalent-to-new performance characteristics. EXCEPT FOR THE FOREGOING, USW-CS MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
2. PROCEDURE UPON FAILURE OR MALFUNCTION OF EOUIPMENT
CUSTOMER agrees to notify the USW-CS Service Center of failure or malfunction of the Equipment by telephoning
the USW-CS' Telephone Number listed on the front page of this Agreement.
A. Emergency Procedure (Exception Products Excluded)
An "Emergency" is defined as a major malfunction, which shall consist of one or more of the following
conditions
(1) Complete failure of the system;
a. No incoming or outgoing communication to or from Customers premise; or
b. No internal communications within the system.
(2) Failure of a critical subsystem;
a. Inoperative attendant console;
b. Inoperative Message Accounting system;
c. 40% of all telephones out-of-service; or
d. 20% of all trunk circuits out-of-service.
When notice of an Emergency is received during USW-CS Standard Service Hours, USW-CS agrees to make every
reasonable effort to have maintenance personnel respond within two (2) hours of said notice. If Customer has
selected Extended Service Hours, when notice of an Emergency is received during hours other than USW-CS
Standard Service Hours, USW-CS agrees to make every reasonable effort to have maintenance personnel respond
within four (4) hours of said notice, twenty-four (24) hours per day, seven (7) days a week. USW-CS Standard
Service Hours are defined for the purpose of this Agreement as 8:00 a.m. to 5:00 p.m., Monday through Friday,
local time, except USW-CS observed holidays.
B. Non-Emergency Procedure (Exception Products Excluded)
"Non-Emergency" is defined as a minor malfunction consisting of any failure other than a major malfunction
as defined above. USW-CS agrees to make every reasonable effort to have maintenance personnel respond within
twenty-four (24) hours of notice of a Non-Emergency malfunction or next workday when notice precedes a
weekend or holiday
C. Exception Products
Exception Products are those products designated as such on the reverse side of the Agreement.
USW-CS will respond on a reasonable efforts basis to failures of Exception Product equipment.
Exhibit "A" Resolution No. 2829
Adopted 3/3/97
3.FXCT I rSIONS
Maintenance excludes all services not specifically agreed to in writing by USW-CS including, but not limited to:
a. Work on any equipment that is not located at the address specified in this Agreement or equipment which has
been altered by anyone other than USW-CS,
b Making Customer specified changes or adding or removing accessories, attachments or other devices,
c. Moving or relocating the Equipment;
d. Repair or replacement of lost or stolen parts or materials, or repair or replacement of parts, materials or.
software damaged through accident, negligence, abuse, misuse, connection with incompatible equipment, failure
of electrical power, air conditioning or humidity control, riot or other civil disturbance, strike or other labor
trouble, sabotage, fire, flood, severe electric storms or acts of God. Customer agrees to maintain a clean, dust-free
ventilated environment with a maximum 76 degrees Fahrenheit and 30%-50% relative humidity or such other
environment that the manufacturer may specify
e. Failure or malfunction of attached, related, collateral or ancillary equipment not covered by this Agreement.
f. Work on equipment not listed in this Agreement.
g. Problems resulting from work done by others during the term of this Agreement.
h. Maintenance of head sets.
I. Battery replacement.
4. PAYMENT
The Maintenance charges set forth in this Agreement are calculated on a monthly basis, but shall be billed and
payable on an annual basis. The first annual payment will be due in full the date this Agreement is signed.
Subsequent payments are due in full at the beginning of each subsequent year throughout the term of this
Agreement. Multiple year agreement prices will be adjusted annually on the anniversary date of the Agreement
based on the CPI or 10% whichever is less and on past year growth.
5.TERM
This Agreement will remain in effect for a period of twelve (12) months from its effective date or if selected, will
automatically renew for an additional term of one year at USW-CS's then current prices (which will be submitted
sixty (60) days in advance of scheduled renewal of this Agreement) unless either party gives the other written
notice of termination at least thirty (30) days in advance of any scheduled renewal.
Automatic Renewal YES NO J(
Customer InitialsFaC
Exhibit "A" Resolution No. 2829
Adopted 3/3/97
CAY op
CHARLES A. LF::J\BOOTH,MAYOR AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dam Daskam, Deputy City Clerk City Clerk:(206)931-3039
Tamie Bothell, Records/License Clerk /Business Registration:(206)931-3007 Fax:(206)931 3053
ashing��
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2829 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2829 "
I certify that said Resolution No 2829 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 3rd day of March, 1997.
Witness my hand and the seal of the City of Auburn this 26th day of March, 1997
Robin Wohlhueter
City Clerk
City of Auburn