Loading...
HomeMy WebLinkAboutRose, Peter dba Integrated Office Systems; 2007-06-18;RATIFICATION OF AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR DESKTOP COMPUTER EQUIPMENT MAINTENANCE SERVICES Peter Rose DBA lntegrated Office Systems This Ratification of Amendment No. 2 is entered into ti/ , 2010, but effective June 18, 2009, extending the underlying initial agreeme een the Parties dated June 18, 2007 (the "Agreement") by and between the City of Carl municipal corporation, an ("City"), and Peter Rose DBA lntegrated Office Systems. ("Contractor") (collectively, the "Patties"). RECITALS A. On June 18, 2007, the Parties executed a one (1) year Agreement for Desktop Computer Equipment Maintenance Services; and B. On June 10, 2008, the Parties extended the Agreement as Amendment No. 1 for a period of one (1) year ending on June 18,2009; and C. The Agreement, as amended from time to time expired on June 18, 2009 and Contractor continued to work on the services specified therein without the benefit of an amendment; and D. The Parties desire to ratify the amendment to extend and fund the term of the Agreement for a period of one (1) year, ending on June 18, 2010; and E. The Parties desire to extend the Agreement for one additional year beginning on June 18,2010 and ending on June 18,2011. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby retroactively extended and funded for a period of one (1) year from June 18, 2009 through June 18, 2010 on an agreed price basis not-to-exceed Thirty thousand dollars ($30,000.00). 2. That the Agreement, as may have been amended from time to time, is hereby extended and funded for a period of one (1) year from June 18, 2010 through June 18, 2011 on an agreed price basis not-to-exceed Thirty thousand dollars ($30,000.00). 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #08.27.09 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. (sign here) Peter Rose, Manaqer (print nameltitle) Service@intearatedoffsvs.com (e-mail address) (sign here) (print nameltitle) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California ,- n City ~andger ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group 0. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version #08.27.09 - Search Options Internet Atte Addr P. - ment Ither Pay I:.s current due $0.00 r. Mail Group 1 . .-.. In History Fwt Files 1 Business Attributes f &count Notes 1 Approvals I Additional Fields 1 lrdnsar~~u 1 Linked - rnntact code 8 \r -r Cease piration ise Frequt , St,, . uvLc. 1-r 7 I.,: it Jil, 17 N~TI-C r Ereritl EIN , - , :t,; )r Type --I 1' j IF BEAN Sub / ; 1- .-..., --. ,12;:*, :>:a:;::#:[-< T . . /,..3,,).7 / I AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR DESKTOP COMPUTER EQUIPMENT MAINTENANCE SERVICES Peter Rose DBA Integrated Office Systems This Amendment No. 1 is entered into and effective as of the /(-> day of , 2008, extending the agreement dated June 18, 2007 (the "Agreement") by Jmd between the City of Carlsbad, a municipal corporation, ("City"), and Peter Rose DBA Integrated Office Systems, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 18, 2009. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) By: Peter Rose. Manager City Manager or Mayor (print name/title) service@intearatedoffsvs.com ATTEST: (e-mail address) *By: LORRAINE M. WOOD City Clerk (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ity Attome B ^BeputyCity Attorney City Attorney Approved Version #05.22.01 20/20 BDtfd SDI £601^99898 62: II 8002/171/90 AGREEMENT FOR DESKTOP COMPUTER EQUIPMENT MAINTENANCE SERVICES Peter Rose DBA Integrated Office Systems THIS AGREEMENT is made and entered into as of the day of UJ^jvQi^ _ , 2007, by and between the CITY OF CARLSBAD, a municipal coloration, ("City"), and Peter Rose doing business as Integrated Office Systems, sole proprietor ("Contractor"). RECITALS A. City requires the professional services of a Contractor that is experienced in Desktop Computer and Printer Maintenance. B. Contractor has the necessary experience in providing professional services and advice related to Desktop Computer and Printer Maintenance^ C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed Thirty Thousand dollars ($ 30,000.00) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version #11.28.06 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Thirty Thousand dollars ($ 30,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version #11.28.06 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverage's, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverage's. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Patrick Elsasser Title Systems Administrator Department Information Technology City of Carlsbad Address 1635 Faraday Ave. Carlsbad. CA 92008 Phone No. (760) 602-2487 For Contractor: Name Peter Rose Title Operations Manager Address 4883 Ronson Court. Suite A San Dieao. CA92111 Phone No. (858) 654-4090 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #11.28.06 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #11.28.06 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CITY OF CARLSBAD, a municipal corporation of the State of California (sign here)ity Manager or Mayor (print name/title) ATTEST: (e-mail address) *By: (sign here) (print name/title) LORRAINE MiWOOD Jrt/Clerk U (e-mail address) 8 RF-^s-'* 0* City Attorney Approvec/ VerVion #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, /)//<; Name and Title of Officer (e.g., "Jane Da!, Notary Public")Da!, Name(s) of Signer(s) D personally known to me HIMANSHU PATEL COMM. #1444986 NOTARY PUBLJC-CAUFORNIA SAN DIEGO COUNTYMy Comm. Expires October 12,2007 00O Place Notary Seal Above proved to me on the basis of satisfactory evidence) to be the person(«) whose name(«) is/ace subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/ber/their authorized capacity(4es), and that by his/hef/thei* signature(s) on the instrument the person(e), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or ?ype of Document:o Document Date:.*=<*>. Number of Pages: \Jj! Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: n Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONAL eputy City Attorney EXHIBIT "A" SCOPE OF SERVICES All technical staff provided for this service will be certified on all makes and models repaired. A senior technician will be specifically assigned for 95% of repairs. The technician will be supported by other certified technicians to ensure that on-site service response is maintained within the specified time-frame. The technician shall arrive on site within eight (8) working hours of a request for service by the City on 95% or more of all service calls. The Contractor will accommodate the City's 7:30-5:30 workday. The Contractor will provide a warranty for all labor for 120 days after completion of work as to proper operation of the repaired equipment. Warranties on parts supplied by the Contractor will be honored by the Contractor for no less than the length of time the manufacturer originally covered the part. The Contractor will not be responsible for warranties on parts installed by the Contractor but not supplied by the Contractor, except for problems arising from installation. The Contractor will make a good faith effort to bring necessary parts on all service calls. Otherwise, the Contractor will obtain parts for repairs within 48 hours of the determination of need. The Contractor will maintain whatever relationship is necessary with the various manufacturers and other parts suppliers to assure rapid parts availability. Unless otherwise approved by the Information Technology Department or its designated representative, all parts must be new and unused (except for non-OEM and remanufactured parts approved by City staff) and will be subject to approval by the Information Technology Department or their designated representatives, before ordering and/or installation. The acceptability of the parts and related costs will be determined at the time the Contractor quotes the cost to the City. The City will have the right to reject the price quoted by the Contractor and obtain parts elsewhere. When the Contractor quotes parts prices as a fixed percentage above cost, the Contractor must be willing to show proof of cost. The Contractor, providing reasonable care will not be responsible for data loss on the equipment it repairs, whether it occurs during or after the repair. The Contractor will maintain relationships necessary and to provide the city with information on recalled parts, new technical data releases and direct service calls to the manufacturer for information, etc. At the request of Information Technology personnel, the Contractor will make a representative available for face-to-face meetings to discuss topics related to the Contractor's service to the City. The Contractor will arrange to meet with City personnel within 30 days of receiving a request. These meetings will not be used as a substitute for more urgent communications needed to resolve problems that may occur. 10 On all invoices the Contractor will show the work billed itemized by the City department and the name of the person who normally uses the equipment and the City asset tag number. If an invoice has more than one repair on it, the owning department and using person for each repaired piece of equipment will be indicated. Emergency service with a one to four hour response time will be provided at regular hourly rates between 7:30 AM to 5:30 PM. If a workshop repair is necessary, contractor will provide leaner equipment. A complete record will be maintained to provide data on all service calls. This will include page count for all printers and Multiple Function Printers. Parts price will be based on an average minimum discount of 25% from the manufacture/suppliers suggested price. 11 BIDDER'S COST OF GOODS/SERVICE/EQUIPMENT The undersigned declares he/she has carefully examined the specification and scope of work, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required in accordance with the specifications and that he/she will take in full payment therefore the following unit prices for each item complete or delivered, to wit: 1.Regular Hours Hour $ 55.00 2.After Hours Hour $ 85.00 3.Weekends Hour $ 85.00 4.Holidays Hour $ 85.00 5.Trip Charge (if any)NONE 6.Charge for Warranty work (if any)NONE When does billable time start and end (i.e. at your door or at our door): At the City's door. Prices given above are firm for 90 days after date of quote. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. Print Name Title Signature 12