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HomeMy WebLinkAbout05345 - DIEBOLD ENTERPRISE SECURITY SYSTEMS INC EXTENDED WARRANTY AGR Kathie Hart From: Janet Sheraton Sent: March 17, 2010 3136 PM To: Kathie Hart Cc: Marjorie Kossler Subject: RE: A5659 -Harbor Construction Kathie— The fallowing agreements closed on the date specified below: Gensler 5/15109 Harbor 8/26/09 Parsons 5/14/07 Diebold 11/19/07 Eaglerider 12/05/09 Thank you, js ��o EXTENDED WARRANTY AGREEMENT This Extended Warranty Agreement is made and entered as of�u t5o"2006, between Diebold Enterprise Security Systems, Inc., a T corporation ('Diebold"), and the City of Palm Springs, a California charter city ("City"). RECITALS A. Diebold is the designated Electronics Specialty Contractor (ESC) as generally described in the General Provisions (Section 17100 et seq.) of the Technical Specifications for the Improvements to Palm Springs International Airport, City Project No. 2003-17 ("Project") and Diebold as the ESC is either a party or third party beneficiary to the Agreement and Contract Documents related to the Project. 13. The City is the owner of the Palm Springs International Airport and the party designated as the "Owner" in the Specifications and Contract Documents related to the Project. C. Pursuant to Paragraph 1.19 B-4 of the General Provisions, Diebold is required to provide an extended warranty agreement for equipment maintenance to the City for a period of five years commencing with the expiration of the initial one year warranty period. In addition, Diebold is required to secure and deliver to the City certain extended warranty agreements from certain providers and contractors as specified in Paragraphs 1.19 B-1, 1.19 B-2, and 1.19 B-3 of the General Provisions, including appropriate support and preventative maintenance. AGREEMENT In consideration of the above recitals and the understandings of the parties to this agreement, the parties agree as follows: 1. Diebold agrees to provide City with an extended warranty covering the equipment listed in Exhibit "A" to this Agreement. Diebold warrants that the equipment shall be free from defects in material and workmanship under normal use and service for an additional period of five years beyond the initial one (1) year warranty period. If any defects are discovered in the equipment within the extended warranty period, Diebold will either repair the defect or replace the affected equipment at Diebold's sole cost and expense. Except as provided in Section 5 of this Agreement, Diebold acknowledges that all costs of the extended warranty and all work, labor, equipment, materials, travel, and all other costs related, was included in the bid price associated with the Project and has been paid in full by the City. 2. Diebold will provide all software maintenance updates or upgrades at no additional cost to the City during the extended warranty period. 51.5?ii I ^^�� 't�ioll GH%IAL SID AND/OR AGRF_.FMENT 3. Diebold will perform two (2) scheduled preventative maintenance site visits per year during the extended warranty period. 4. Diebold will provide a service technician within four (4) hours of a request for service from the City, twenty-four (24) hours a day, seven (7) days a week including holidays. 5. This extended warranty does not cover defects or damages resulting from any natural cause, including flood, earthquake, or other acts of nature, or defects, damages or loss resulting from intentional misuse, neglect, or abuse by the City. In the event the City requires Diebold to perform any work necessitated as a result of a natural cause pursuant to this Section of the Agreement, the City will pay on a time and material basis pursuant to the hourly rates established as part of the Project. 6. Diebold shall fully comply with its obligations under Paragraph 1.19 of the General Conditions, including without limitation the procurement and delivery of the extended warranty agreements as provided in subparagraphs B-1, B-2, and B-3 of Paragraph 1.19. 7. Diebold's obligations under this Agreement shall be secured by a performance bond or other security instrument approved by the Director of Aviation and the City Attorney and in the principal amount of $648,129.57. 8. Diebold shall maintain the following insurance policies: Comprehensive General Liability Insurance (Bodily Injury and Property Damage): with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate; Commercial Automobile Liability Insurance: with a limit not less than $1,000,000 per occurrence and $2,000,000 aggregate; and, Workers' Compensation and Employers' Liability Insurance. meeting statutory limits. All required insurance required pursuant shall be issued by a company authorized by the Insurance Department of the State of California and with a rating as may be reasonably required by the City. All insurance policies, except Workers' Compensation and Employers' Liability, shall name City as an additional insured on the policy as respects to Diebold's obligations to City. Diebold agrees to maintain in full force and effect at all times during the term of this Agreement, and at its sole cost and expense, the required Insurance coverage noted above. Such insurance shall be primary and no other insurance maintained by City will be called upon to contribute to a loss. Certificates of Insurance evidencing the required insurance shall be provided by Deibold to City within ten days of execution of this Agreement. If self-insured for workers' compensation, Diebold shall submit to City a copy of its certification of self- insurance issued by the Department of Industrial Relations. All insurance shall contain a waiver-of-subrogation clause in favor of City, its officers, directors, officials, agents, employees, volunteers, and representatives. 2 si�sso.i Acceptance of insurance in favor of City shall not relieve the Diebold from liability under this Agreement. The provisions of this Agreement shall apply whether or not such insurance shall have been determined to be applicable to claims for damages or injuries. 9. It is agreed by the parties that this agreement shall be governed and construed in accordance with the laws of the State of California and jurisdiction for any proceeding in law or equity shall be in the County of Riverside, California. IN WITNESS WHEREOF, the parties execute this Agreement as of the date first written above. City of Palm Springs, Diebold Enterprise Security Systems, A California Charter City Inc., a �. corporation gym �� Title: ATTEST: APPROVED BY GIiY MANAGER I rty Clerk a Zao -IFIPRO AS TO FOty G CLy-Attorney �-b-O�a 3 EXHIBIT "A" EQUIPMENT The Equipment covered in this Agreement is listed in Sections 17150, 17170, 17180 and 17190 of the Technical Specifications for the Improvements to Palm Springs International Airport, City Project No. 2003-17 ("Project"), 4 515iii I