07/11/1990 1›cou
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;Danny I. Itot jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. 1305) 743-9036 KEY WEST, FLORIDA 33040 TEL. 1305) 852 -9253
TEL. (305) 294-4641
M E M O R A N D U M
To: George Harper, Director
Division of Community Services
From: Rosalie L. Connolly, Deputy Clerk
Date: July 23, 1990
As you are aware, on July 11, 1990, the Board approved and
authorized execution of the Annual Data Products Maintenance
Agreement (Contract No. 001802) with AT &T in the amount of
$1,998.48.
Attached hereto is.the packet original of the Agreement which
has now been executed on behalf of the County. It is my
understanding that your Division will handle obtaining the
remaining necessary signatures. Please be sure to return the
"FINAL CUSTOMER" copy to this office immediately after proper
execution.
'T fir
Rosalie L. .nnolly
Deputy Cler
cc: County Attorney
County Administrator
Finance Department
File
AiS - 3U4;,
Data Products -90
AT &T Service Center Z Y E
Maintenance A Agreement
Page _i_ of 1
0 1802
410 Contract No _ 001802 1.
1.
You request Enhanced Warranty and/or post warranty maintenance service for the following products subject to the terms and conditions on the reverse hereof.
Price Element Product Description Serial Number Qty. Warranty Enhanced Warranty Period Charge Term Post Warranty Charge
Coda Months (*ars)
Coverage' Unit Price/ Tool Pricy Coverage' Unit Price/ Total Pricer
mg Option Month Mom, Option Month Month
•
3707 -052 6312WGS 370757051 9 1 1 16.06 144.54
001405
370757051
001607 .
370757051 •
002172
370757051
002651 •
370757051 sees
001981
370757051
002258 - ._._-
370757051 •
001934
370757051 1 .
001887'
370757051. i.
' 004515 •
37354 VDC 400 N/A 8 1 1 2.00 16.00
$
37313 Monitor 885401030731 6 1 1 1.00 6.00
88540007278
8654350
83540,03 309 .
88`401OTL5 ,
89x0100=.124 ' i,
i
Coverage Options' Customer elects 10 pay Total This Page 1M0. alel Yids Pees 440.
5-5; . on -Fn 1 japonthly 166.54
2e Hews; 7 Days 2 0 Prepayment Subtotal Page 2 thru ( ) /MO. Sublets' Peg.2 thru ( ) 440.
M..-MUDepot 3
Remelt Only (Software) 4 •
Customer Inventory Management 5 Customer Tax Exe. ption No. Grand Total 440. Grand Tbtet MO.
Customer On -Sale Exchange 8 166.54
AT &T On -Site Exchange 7
Est Sus oar — 81M -8PM: Mon -Fri ... . -A Customer Order Plo. TOTAL PAYMENT DUE 166.54 MO.
EN bus Day — 8AM- I2MID:Mon-Fri 8$ ( 4
Est Sus Day —1144M-12M10 Mon -Sat 8 -C 1 Val ! 'Iii .
PREPAYMENT ALTERNATIVE
Eat Sus Day — SAM- 12MID; Mon -Sun 8 CAM. -D CAM. g . z
Upgraded Response ;2 Hours 9 / O
Other (Specitp 10 020 - 481 -8736 ALL PRICES AND RATES ARE EXCWSIVE OF SALESMSE TAXES
YOUR SIGNATURE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS
AGREEMENT, INCWDING LIMITATIONS OF LIABILITY, WARRANTIES, AND EXCWSIVE REMEDIES. THIS AGREEMENT SHALL BECOME EFFECTIVE WHEN
SIGNED BY YOU AND ACCEPTED IN WRITING BY AT &T.
(Equipment Location Address) (Customer) (Received By): Signature
5825 Junior College Rd. Monroe County Governmen
(City) (Stale) (Zip) By: (Author' Signature) 1 ' (Typed or Printed Name)
Key West FL 33040 . . 4 i, st : f 1.dir+l & i ii.dir (Customer Contact) (TN. No.) (Typed („.. - I . S. (Date)
James Harper (305) 294 -4641 By • .....1P' 1 " .. '
(tinsWation Due) ( ess) : / 1 North Belt East
500 Whitehead St.
(Maintenance Commencement Date) (City) (Stets) RIP) (CMy) : ; (Mule) vim
Key West, FL 33040 • :tan'' TX 77060 •
I . 11) . � 1 : 4 t 'C '6 ,1, t . 1 µ Y 3 f 1
r Y •
- , (Accepted BO ; i Web) it, ■ r r ; r , l '...IF p tu }y ` ., K I .
x f „ „ rt I,
(typed or Prtidsd Nino) 1• e/ Pe a r i I
■ I
FOR SERVICE CALL: r ' g'.
� VED AS ro rotes
FOR ADDITIONAL INFORMATION OR INQUIRIES CALL: 1 — 800 — 231— 7613 AND LEGIAi SumegfAcK
ay
1torn y s Ol/%CI
ORIGINAL
- x�.
TERMS & CONDITIONS
y .
lmerican Telephone and Telegraph Company ('AT &T ") and you, the computer, other equipment or software not maintained by AT &T or c
:usIomer, agree as follows: removable rotating storage media;
• (5) Failure of products not maintained by AT &T;
▪ CONTRACT p (6) Abuse, misuse or negligent acts; or
his Agreeme shall be effective from the date of AT &T's written accep- ( Force majeure conditions as stated in Section 10.
nt
B. AT &T may agree to perform maintenance services in the situations se'
rncs until terminated as set forth in this Agreement. Maintenance service
hat commence on the expiration of the applicable warranty and be pro- forth in Sections SB and 7A. If AT &T agrees, additional charges may apply
ided for an initial term as specified on the front of this Agreement and shall 8. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY
e automatically renewed for successive one (1) year terms at the charges A. FOR PURPOSES OF THE EXCLUSIVE REMEDIES AND LIMIT -
nd under the terms and conditions in effect at the time of renewal. TIONS OF LIABILITY SET FORTH IN THIS SECTION, "AT&T" SHALL B
COVERAGE DEEMED TO INCLUDE AT &T, ITS SUBSIDIARIES AND THEIR AFFIL'-
AT&T will provide you, on the terms and conditions set forth in this ATES, AND THE DIRECTORS, OFFICERS. EMPLOYEES, AGENTS. REP -
gatemen', maintenance service for the products described on the reverse TH AND "DA AG AND SUPPLIERS ALL OF
weal and on subsequent orders tor maintenance accepted by AT &T. DAMAGE, AND S OR ES EX " WILL LL REFER EFER COLLECTIVELY TO O ALL L INJURY
DAMAGE, LOSS OR EXPENSE INCURRED.
M aintenance service includes, as determined by AT &T, preventive and B. AT &T'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES FO
metal maintenance as we* as replacement parts required by products ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE. 0=
MI under normal operating conditions. Coverage will be in accordance ARISING FROM THE PERFORMANCE OR NON - PERFORMANCE Or i
ih the option you selected. Replacement parts and products may, at the ANY WORK OR SERVICE, REGARDLESS OF THE FORM OF ACTIO ".
iscretion of AT &T, be new memanufactured, or refurbished, and will be WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT"
unified on an exotwor basis. The removed parts and products will LIABILITY OR OTHERWISE, SHALL BE:
scone so�s property l AT&T. 1. FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR
:. W subsequently purchase products from AT &T or request certifica- FOR BODILY INJURY OR DEATH TO ANY PERSON NEGLIGENTL'r'
on Or connection of equipment similar to the products covered by mainte- CAUSED BY AT &T, YOUR RIGHT TO PROVEN DAMAGES TO PROP
anoe under this Agreement and co -locate those products with the existing ERTY OR PERSON. -
net, upon warranty esgrirallort, those products will also be covered by 2. FOR AT &T'S FAILURE TO PERFORM OR OBSERVE ANY MATERIAL
taint under der this Agreement. Charges will be at the then current TERM OR CONDITION OF THIS AGREEMENT, WHICH CONTINUES
7on11My rate and coverage will be coterminous with the existing products. FOR THIRTY (30) DAYS AFTER AT &T'S RECEIPT OF YOUR WRIT
). AT &T wiN provide maintenance service tor certain non -AT &T data equip- TEN NOTICE, THE REMEDY STATED IN SECTION 9C.
rerntintegrated around a core of AT &T data products ( "Integrated System "). 3. FOR CLAIMS OTHER THAN SET FORTH ABOVE, AT &T'S LIABILITY
TIT is not responsible ter �mp�i lily of non AT &T data equipment or the SHALL BE LIMITED TO DIRECT DAMAGES WHICH ARE PROVEN, It'.
itegration of such equipment. For certain non -AT &T data equipment, AT &T AN AMOUNT NOT TO EXCEED $100,000.
iti provide, upon request and at AT &Ts then current terms and charges,
Lain enance parts d generally available from AT &T. C. EXCEPT TO THE EXTENT PROVIDED IN SUBSECTION 861, AT &T
. Dispatch of AT &T service personnel to your premises is limited to spa SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR
tic geographic areas, and AT &T reserves the right to impose additional CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, SAVINGS OR
narges for travel outside those areas. REVENUES OF ANY KIND, WHETHER OR NOT AT &T HAS BEEN AD-
. Maintenance work requested to be performed at a time or in a manner VISED OF THE POSSIBILITY OF SUCH DAMAGES.
ayond the coverage selected by you or maintenance work required as a 9. TERMINATION
:sut of an action or condition listed in Section 7A may be provided subject A. Prior to the Maintenance Commencement Date, you may cancel cover
additional charges. age and, if applicable, receive a full refund of any prepaid amount. After th
PRICE AND PAYMENT Maintenance Commencement Date, you may terminate coverage upori
thirty (30) days written notice and payment of a termination charge. The
ou agree to pay the monthly maintenance charges for the initial term and termination charge is 20% of the monthly charges for twelve (12) months c:
re applicable charges for any renewal term. Where applicable, you may 20% of the charges for the period remaining, whichever is less. For prepaid
repay the entire initial term of the contract at the discounted price set forth Agreements, AT &T will refund or credit the pro rata price of the rernainine
i the Agreement. PaymenTof invoices is due within thirty (30) days of the term less a termination charge of 20% of the price for a twelve (12) month
'voice date. period or 20% of the price of the remaining term, whichever is less.
ou agree t) pay any � a erdesignated c uudexemxesoonAT &T's B. Either party may give the other written notice of termination o
al income), unless AT&T certificate exemption. maintenance at least thirty (30) days in advance of maintenance coverage
. YOUR RESPONSIBILITIES expiration.
i the term of this Agreement you shall: C. If AT &T fails to perform or observe any material term or condition of this;
)Flow all AT &T installation, operation and maintenance instructions. Agreement and such failure continues for thirty (30) days after AT &T's
,) Provide the AT &T- specified environment and electrical and telecom- receipt of your written notice, you may terminate without penalty.
munications convections. D. If you fail to pay any charge when due and such payment is not received
) Provide access to the products to enable AT&T to perform maintenance. by AT&T within ten (10) days after receipt of written notice or if you fail to
) Provide adequate communications facilities, work space and storage perform or observe any other material term or condition of this Agreement
ap�os for AT&T spare parts.. and such failure continues for thirty (30) days after receipt of written notice.
) F1ave a representative available during any on-site AT &T maintenance you shall be in default and AT &T may terminate this Agreement and exercise
activity. any available rights. Upon termination by AT &T, you shall be liable for any
Maintain a procedure external to the software program(s) and host applicable charges, including termination charges.
computer ter reconstruction of lost or altered files, data or programs to 10. FORCE MAJEURE
extent you deem necessary. AT &T shall have no liability for damages due to: fire, explosion, lightning,
EQUIP NT/BOFTIM&RE RELOCATION, MODIFICATION, pest damage, power surges or failures, strikes or labor disputes, water, acts
IMPROPER USE of God, the elernents, war, civil disturbances, acts of civil or military au-
. Alaska advise AT &T promptly of any change in location or modification thorities or the public enemy, inability to secure raw materials, transportation
any Podgy covered by this Agreement. if such change, in AT &T's facilities, fuel or energy shortages, acts or omissions of communications
ink y% increases the cod of testing or repairs, AT&T reserves the right to carriers, unauthorized use of the products, or other causes beyond AT &T's
crease your monthly maintenance ch change creates a safety control whether or not similar to the foregoing.
end or is likely to cause s, AT&T may, with your 11. ASSIGNMENT
moonence and at your =penes, correct the condition and continue to Neither party may assign' this Agreement without the prior written consent of
Awe maintenance. ff the condition cannot be corrected to AT &T's sans- the other party. Consent shall not be unreasonably withheld. AT &T may
cffon, AT &T reserves the right to terminate maintenance under this Agree- assign this Agreement to a present or future affiliate, subsidiary or suc
cessor or may assign its right to receive payment.
. AT&T shah be under no obligation to provide maintenance service of
Aware if: 12. SUBCONTRACTING
The sbftware program has been modified or moved without AT &T's prior AT &T may subcontract any or all of the work to be performed under this
written approval; Agreement, but shall retain responsibility for the work.
') The original software program identification marks have been removed 13. GENERAL
or altered;
AT &T does not support the system software (i.e. core operating system, A. Any supplement, modification or waiver of any provision of this Agree -
system utilities and libraries, drivers, etc.); ment must be in writing and signed by authorized representatives of both
) The host computer does not conform to the update level necessary to parties.
support the software or has been modified, other than by AT &T person- B. If any portion of this Agreement is found to be invalid or unenforceable.
eel so as not to conform to the specifications for which the software was the parties agree that the remaining portions shall remain in effect. The
designed; parties further agree that in the event such invalid or unenforceable portion
) bbur software does not conform to the software currently listed as is an essential part of this Agreement, they will immediately begin negotia-
software subject to maintenance support; or tions for a replacement.
•
aloe are using the software program in violation of its license. C. If either party fails to enforce any right or remedy available under this
Agreement, that failure shall not be construed as a waiver of any right or
' • WARRANTIES. EXPRESS OR IMPLIED, AND SPECIFI remedy with respect to any other breach or failure by the other party.
' -v' . ` WARRANTIES OF MERCHANTABILITY OR FIT- D. The section headings in this Agreement are inserted for convenience
• per_ only and are not intended to affect the meaning or interpretation of this
' 4 - i E. Any legal action you bring against AT &T with respect to this Agreement
dM$ftotcover repair for damages, malfunctions or must begin within two (2) years after the cause of action arises.
.. m; 4 ,,•,4.
, • F. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE
} ' , ;,,,,,. .,, - . BT MOM* Mar$ failure to respond to WITH AND GOVERNED BY THE LOCAL LAWS OF THE STATE OF NEW
�,: ..; access line; JERSEY.
1..', b Operation or maintenance in G. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH
+'�++�':•' +» " '� "� r' %'" RESPECT TO THE PRODUCTS AND SERVICES PROVIDED HERE-
•
, 4 „,,A., , Or software by non- UNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS,
.. .r `4 ► " fir r r Vrt - ". COMMUNICATIONS UNICCATIONS BETWEEN THE PARTIES AND UNDERSTAND
r � R
' Ere p r ocbcls or failure of a host INGS, WHETHER WRITTEN OR ORAL
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