4920 E. McDowell Road, Suite 101
Phoenix, AZ 85008
888-383-6083 Option 3
SERVICE CONTRACT AGREEMENT
Contract # CNT1204-04
To: City of Redondo Beach
Attn: Ravy Sok
City Hall
415 Diamond Street
Redondo Beach, CA 90277-2836
Contract # CNT1204-04 Contract Description Software Maintenance Agreement Start Date 08/01/2024 End Date 07/31/2025 Period Billing Int 1 Year Terms Net 45 Days of Invoice Receipt Total Contract Charge $2,200.00 This Service Contract Agreement is for the software listed and the dates stated. Software is composed of 10 Subcontrollers, 2 Clients, 2 Photo ID, 1 OpenDX
This agreement includes the following services: phone support, troubleshooting and facilitation of the reinstallation of the software on original workstation.
If you have any questions about your service contract, please contact us at 888-383-6083 Option 3 or [email protected].
Consumables are not included. Please review the attached Terms and Conditions.
Equipment Included under Contract
Equipment Location Address City of Redondo Beach
Info Technology
City Hall
415 Diamond Street
Redondo Beach, CA 90277-2836
Serial No DNA-03835
Description DNAFusion - 2 Client Connection 10 Subcontrollers In the event of unforeseen conditions, an allowance of up to $1,000 is available for overtime charges and travel expenses of Multicard personnel for maintenance services. Multicard must provide a written estimate of costs, scope of services required, and obtain Customer’s prior written approval prior to incurring any charges.
Please return this signed agreement with your check, signed credit card authorization form and/or purchase order before the start date of the contract.
SUBJECT TO ALL THE TERMS, CONDITIONS AND LIMITATIONS INCORPORATED BY REFERENCE AS SHOWN IN THE ATTACHED SERVICE AGREEMENT.
Print Name Signature Date
Customer Signature
Notes
VP of Customer Service
Brenda Wise
Multicard
_______________________ 8/23/2024 | 8:18 AM PDT
Service Agreement
Multicard and Customer agree to the following terms and conditions whereby Multicard shall provide and the Customer shall pay for the maintenance services asspecified in this ServiceAgreement. This Service Agreementshall be effective forthe period on the face of this document. Your signature on the front of this agreement indicates your acceptance of these terms and conditions.
CONTRACTED MAINTENANCE SERVICES
Description Multicard agrees to provide scheduled preventive maintenance (if applicable) and on-call remedial maintenance for the Covered Equipment as set forth in this Service Agreement.
Multicard warrants that it will cause the Covered Equipment to meet the manufacturer ’s operating specifications given reasonable wear and tear and equipment age and condition (hereinafter “Maintain”).
a) Coverage Hours: Unless otherwise noted in this Service Agreement,service will be provided Monday throughFriday,8:00amto5:00pm (excluding holidays observed by Multicard).
Multicard will attempt to respond within 4 business hours from the logging of the call. b) Holidays Observed by Multicard:NewYear’sDay, PresidentsDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve, Christmas Day and New Year’s Eve. If a holiday occurs on a Saturday,it will be observed on the preceding Friday. If a holiday occurs on a Sunday, it will be observed on the following Monday.
Except as otherwise provided in this Service Agreement, The Contracted Maintenance Service shall include all parts, labor and travel expenses necessary to maintain the Covered Equipment but specifically excludes software unless provided for under a separate addendum.
Term Charge In consideration of Multicard’s provision on the Contracted Maintenance Service, Customershall pay the Term Charge/Contract fee set forth in this Service Agreement.
ExclusionsExcept as otherwise provided in this Service Agreement, the following are not covered in theContractedMaintenance Service and are subjectto additional charges:
Overtime Charges and Travel Expenses All overtime charges and travel expenses of Multicard personnel for maintenance services not included in the Contracted Maintenance Service shall be charged to Customer at the rates in Multicard’s published maintenance price list in effect to any such services. AnyMaintenance started duringthe Coverage Hours and completed within one hour aftersuch period shall not be treated as overtime. Service completed aftersuch one-hour period and service otherwise provided at Customer’s request outside of the Coverage Hours will be deemed as overtime. A minimum charge of one (1) hour will apply to any such services. Any charges, including but not limited to overtime charges, travel expenses, or costs arising from unforeseen conditions, must be approved by a subsequent written amendment executed by both parties.
Consumables and Supplies such as, but not limited to, ribbons, cards, foils, laminate, ink rollers, toner, printheads, batteries and other supplies for use with the Covered Equipment, including supplies necessary for maintenance purposes, shall be provided byCustomer andmust be OEM approved.
Unauthorized Useor ServiceTheContracted Maintenance Service does not include service or repair work caused by the failure of Customer to observe any of the conditions in this Agreement: failure of Customer to use the Covered Equipment in accordance with the Manufacturer’s instructions; maintenance or attempted repairs or adjustments of the Covered Equipment by anyone other than Multicard authorized personnel; service, reconfiguration, or upgrading of any datacommunicationsinterfaceoccasionedby changesmadeto hostcomputersor network transmission devices; tampering, misuse or abuse of the Covered Equipment; or force majeure. Maintenance service and required parts will be provided by Multicard at its published maintenance and parts price list in effect at time of performance.
Excess Use Charge Charge for designated systems included in the Covered Equipment is based upon an assumed rate of card production as set forth in this Service Agreement. If theactualrateof productionforsuchsystemsexceedsthe assumed rate atthe end of theapplicable maintenance period,Multicardmay assess anExcess UseCharge asset forthinthis Service Agreement.
Term The term is as shows on the face of this document and can be extended for additional periods of one year,with both parties written approval.
Payment Terms Invoices shall be payable forty five (45) days after the receipt of the invoice and following the execution of this agreement.
Billing Frequency Unless otherwise stated in this ServiceAgreement:
a) Per system charges less than $50,000 per year will be billed annually in advance. b) System Charges greater than $50,000 per year will be billed monthly. A 5% discount will be applied if paid annually, in advance.
Taxes Customer shall pay any applicable municipal, state, or federal taxes, however designated, levied or based on the charges payable under this Agreement that may be paid or be payable by Multicard excluding income taxes. Customer shall also pay any tax not currently applicable but which is hereafter held or ruled applicable by any new law, interpretation of an existing law or otherwise.
Equipment Relocation The Customer must notify Multicard in writing at least sixty (60) days prior to the relocation of any Covered Equipment. Customer shall be solely responsible for all expenses including insurance coverage associated with moving and installation of the equipment to a new location. If the relocation causes Multicard to incur increased travel time or cost in providing maintenance services hereunder, Customer agrees to pay reasonable increased monthly maintenance charges.
CONDITIONS
Description of Uncovered Services This Agreement and the fees for maintenance do not cover labor, parts and the expenses necessaryto: (a) repair damage caused by Customer’s negligence; (b) reconfigure or relocate the equipment; (c) repair problems which arise from the use byCustomer of non-OEM approved parts, attachments or devices; (d) correct problems caused by supplies that are notOEM approved,or(e)repairdamage caused by customer’sfacility/systems.Consumable supplies and software support are not included for coverage in this agreement unless provided for under a separate addendum. All parts and equipment are FOB origin.
Access to Equipment Customer shall permit free access to the Covered Equipment and shall provide without charge to Multicard adequate storage space, working space and all necessary utilitiesfor use by Multicard personnel.
Parts Replacement Multicard reserves the right at its option to replace or repair any parts, which fail to perform its function under normal use. Multicard further reserves the right to use, at its option, manufacturer approved, new, rebuilt, or reconditioned parts or improved parts, which are capable of performing functions similarto those of the replaced parts.
Termination Either party may terminate this Agreement upon thirty (30) days prior written notice to the otherparty.
GENERAL
Independent Contractor Multicard is acting hereunder as an independent contractor and shall have sole supervision of and responsibility for its authorized maintenance personnel.
Multicard Personnel Customer acknowledges that Multicard has specially trained personnel who perform maintenance services hereunder and agrees that during the term hereof Customer will not solicit or otherwise attempt to employ any such Multicard employee for the purpose of performing maintenance on any equipmentserviced by Multicard.
Limitationof Liability Multicard shall not be liable for loss of use of anyof the items of Covered Equipment or for anyloss or damage occasioned by such loss of use or by any failure to maintain equipment properly.Multicard’s liabilityhereundershallbe limited to the repair orreplacement of any parts ofitems ofCovered Equipment,which maybe damagedsolely asthe resultofnegligence on the part of Multicard personnel. MULTICARD SHALL NOT BE LIABLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE HEREUNDER DUE TO IN WHOLE OR IN
PARTTO ANY CAUSE BEYOND ITS CONTROL OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. MULTICARD DISCLAIMS ANY EXPRESS
WARRANTIES NOT CONTAINED HEREIN. In no event shall Multicard’s liability hereunder, for breach of warrantyor otherwise, exceed the cost of replacement ofthe Covered Equipment.
EntireAgreement; Amendments This agreement representsthe complete agreement between the partieswith respect to the subject matter hereof and supersedes anycontemporaneous or prior written or oral understandings or agreements with respect hereto. This agreement may not be altered or modified except in written document signed by both parties. This Agreement shall prevail in the event of any inconsistencies with the terms and conditions contained in a purchase order or other document provided by Customer.
GoverningLaw This agreementshallbe governed byand construed in accordancewith the laws of the state in which the equipment resides.
Assignment Neither Multicard nor Customer may assign any rights or delegate any obligations under this agreement to an affiliate without the prior written consent of the non-assigning party.