Obligations. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor or those under Contractor’s control), or willful or grossly negligent operation or handling of the Product by the Authorized User. Right to Refuse/Discontinue Maintenance/Support An Authorized User shall not be required to purchase Maintenance/support for use of Product. There shall be no automatic renewal of Maintenance/support. Maintenance/Support Agreement Contract Price Survival An Authorized User’s Maintenance/support agreement, entered into during the term of this Contract, may continue beyond the end of the Contract based on the following limitations: Maintenance/support period must start prior to the expiration of the Contract; Authorized User has pre-paid for the entire Maintenance/support term; Maintenance period cannot last longer than a 36 month period past the expiration of the Contract. Legacy Maintenance/Support Contractor may offer Legacy Maintenance/support services on End of Life, or obsoleted Product, that is not being offered under this Contract, provided that the equipment fits within the scope of this Contract as set forth in Section 2, Contract Scope. Legacy Maintenance/support options shall be included in Appendix E - Pricing Pages. A description of each type of Legacy Maintenance/support option shall be provided in Appendix E - Pricing Pages. Maintenance/Support Responsibility As a part of Maintenance/support responsibilities, the Contractor shall represent the Authorized User in regards to other involved equipment and service providers to identify and correct the malfunction. Malfunctions that cannot be immediately diagnosed and pinpointed to a certain piece of Product will require the participation of the Contractor until the responsibility for the problem has been established. See Appendix B. 57, Cooperation with Third Parties. Maintenance/Support Service Sheets Upon Authorized User’s request, the Contractor shall furnish the Authorized User with a Maintenance/support Service Sheet for all Maintenance/support requests. At a minimum, the Maintenance/support Service Sheet should include the following data for each request for service: Date and time notified by Authorized User Date and time of arrival of Contractor Description of malfunction reported by Authorized User Diagnosis of failure and work performed by Contractor Date and time failure was corrected Charges for the service, if applicable Name of person performing the service Remote Administration, Maintenance and Support Appendix E – Pricing Pages must include a Product description of any remote administration and/or Maintenance/support service arrangements if offered/provided with the Product. The cost for any equipment required to perform this function and the cost of the service, must be borne by the Contractor, as part of the cost of Maintenance/support. Connections to the Authorized User’s networks must be performed in a manner prescribed by an Authorized User to preserve the integrity of the Authorized User’s network, confidentiality and integrity of information transmitted over that Authorized User’s network, and the availability of the network. Monitoring of network performance metrics, such as throughput, firmware levels and updates, or uptime, can be provided through Lot 1 – Software and Lot 2 - Hardware. All Contractors should review NYS ITS Technology Standard NYS-S14- 010, Remote Access. Any remote administration, maintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s Data is considered a Cloud service and must be included in Lot 3 – Cloud. PRE-INSTALLATION SITE VISITS In accordance with Appendix B, Section 19, Site Inspection, Authorized User can require a site visit as part of the Authorized User’s RFQ. NEW YORK STATE STATEWIDE FINANCIAL SYSTEM
Appears in 53 contracts
Obligations. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor or those under Contractor’s control), or willful or grossly negligent operation or handling of the Product by the Authorized User. Right to Refuse/Discontinue Maintenance/Support An Authorized User shall not be required to purchase Maintenance/support for use of Product. There For Lot 1- Software and Lot 2 – Hardware there shall be no automatic renewal of Maintenance/support. For Lot 3 – Cloud, Contractor may offer automatic renewal of Maintenance/support. An Authorized User may discontinue such Maintenance/support by providing Written notice no later than 30 calendar days prior to the anniversary date of the Authorized User Agreement. Maintenance/Support Agreement Contract Price Survival An Authorized User’s Maintenance/support agreement, entered into during the term of this Contract, may continue beyond the end of the Contract based on the following limitations: Maintenance/support period must start prior to the expiration of the Contract; Authorized User has pre-paid for the entire Maintenance/support term; Maintenance period cannot last longer than a 36 60 month period past the expiration of the Contract. Example: A Contractor offers a SKU for a 2 year Maintenance/support term, which is discounted 5% less than a SKU for 2 single year engagements. In addition, Contractor also offers a 5% discount for pre-payment on the 2 year Maintenance/support term. Should the Authorized User fully pre-pay the 2 year Maintenance/support period and this Maintenance/support period begins prior to the expiration of the Contract, the Maintenance/support term will survives the Contract. Legacy Maintenance/Support Contractor may offer Legacy Maintenance/support services Services on End of End-of-Life, or obsoleted Product, that is not being offered under this Contract, provided that the equipment Equipment fits within the scope of this Contract as set forth in Section 2, Contract Scopethe Contract. Legacy Maintenance/support options shall be included in Appendix E - Pricing Pages. A description of each type of Legacy Maintenance/support option shall be provided in Appendix E - Pricing Pages. Maintenance/Support Responsibility As a part of Maintenance/support responsibilities, the Contractor shall represent the Authorized User in regards to other involved equipment Equipment and service providers to identify and correct the malfunction. Malfunctions that cannot be immediately diagnosed and pinpointed to a certain piece of Product will require the participation of the Contractor until the responsibility for the problem has been established. See Appendix B. B Section 57, Cooperation with Third Parties. Maintenance/Support Service Sheets Upon Authorized User’s request, the Contractor shall furnish the Authorized User with a Maintenance/support Service Sheet service sheet for all Maintenance/support requests. At a minimum, the Maintenance/support Service Sheet service sheet should include the following data for each request for service: Date and time notified by Authorized User User; Date and time of arrival of Contractor Contractor; Description of malfunction reported by Authorized User User; Diagnosis of failure and work performed by Contractor Contractor; Date and time failure was corrected corrected; Charges for the service, if applicable applicable; and Name of person performing the service service. Remote Administration, Maintenance and Support Appendix E – Pricing Pages must include a Product description of any remote administration Remote Administration and/or Maintenance/support service arrangements if offered/provided with the Product. The cost for any equipment Equipment required to perform this function and the cost of the service, must be borne by the Contractor, as part of the cost of Maintenance/support. Connections to the Authorized User’s networks must be performed in a manner prescribed by an Authorized User to preserve the integrity of the Authorized User’s network, confidentiality and integrity of information transmitted over that Authorized User’s network, and the availability of the network. Monitoring of network performance metrics, such as throughput, firmware levels and updates, or uptime, can be provided through Lot 1 – Software and Lot 2 - Hardware. All Contractors Contractors/Resellers should review NYS ITS Technology Standard NYS-S14- S14-010, Remote Access. Any remote administrationRemote Administration, maintenanceMaintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s Data is considered a falls under the definition of Cloud service and Solution as stated in Section 2.5 - Glossary must be included in Lot 3 – Cloud. PRE-INSTALLATION SITE VISITS In accordance with Appendix B, Section 19, Site Inspection, Authorized User can require a site visit as part of the Authorized User’s RFQ. NEW YORK STATE STATEWIDE FINANCIAL SYSTEMSYSTEM New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS is currently on PeopleSoft Financials version 9.2. SFS supports requisition-to-payment processing and financial management functions. The State is also implementing an eProcurement application that supports the requisitioning process for State Agencies to procure goods and services in SFS. This application provides catalog capabilities. Vendors with Centralized Contracts have the ability to provide a “hosted” or “punch-out” catalog that integrates with SFS and is available to Authorized Users via a centralized eMarketplace website. There are no fees required for a Vendor’s participation in the catalog site development or management. Upon completion and activation of an on-line catalog, State agencies will process their orders through the SFS functionality and other Authorized Users can access the catalog site to fulfill orders directly. The State is also implementing the PeopleSoft Inventory module in the near future to track inventory items within the item master table. Further information regarding business processes, interfaces, and file layouts may be found at: xxx.xxx.xx.xxx and xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/. PARTICIPATION IN CENTRALIZED CONTRACTS This Contract is available for use by all Authorized Users (See Appendix B – Definitions) and may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS AND EXTENSION OF USE New York State political subdivisions and others authorized by New York State law may participate in this Contract. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B, Section 2 Definitions Authorized User and Section 27 Participation in Centralized Contracts. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), services to be provided may include locations adjacent to New York State. Upon request, all eligible Non-State Agencies must furnish a Contractor with the proper tax exemption certificates and documentation certifying eligibility to use State Contracts. Questions regarding an organization's eligibility to purchase from New York State Contracts may be directed to OGS New York State Procurement's Customer Services at 000-000-0000. This Contract may be extended to additional States or Governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the Contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant Contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. EXPIRATION OF CONTRACT; SURVIVAL OF AUTHORIZED USER AGREEMENTS Except as permitted below, Authorized User Agreements cannot extend 12 months past the Contract expiration. Lot 1 – Software and Lot 2 – Hardware Pre-paid Maintenance/Support services within an Authorized User Agreement that is fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract no longer than 60 months. Lot 4 - Implementation Authorized User Agreements fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract based on the term of the Authorized User Agreement. An Authorized User Agreement for Lot 4, including any extensions, shall be no longer than 60 months in duration. PREFERRED SOURCE PRODUCTS State Finance Law §162 requires that governmental entities afford first priority to the products/services of Preferred Source suppliers such as Correctional Industries (Corcraft), New York State Preferred Source Program for People who are Blind, and NYS Industries for the Disabled (NYSID), when such products/services meet the form, function and utility of the Authorized User. An Authorized User must determine if a particular commodity or service is approved for a Preferred Source and follow the requirements of State Finance Law §162(3) or (4)(b), respectively, before engaging the Contractor. Some products/services in the Contract may be available from one or more Preferred Sources. Contractor will be required to prominently display the following language on all pricelists:
Appears in 46 contracts
Samples: Contract Amendment Number Pm67303, www.netapp.com, online.ogs.ny.gov
Obligations. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor or those under Contractor’s control), or willful or grossly negligent operation or handling of the Product by the Authorized User. Right to Refuse/Discontinue Maintenance/Support An Authorized User shall not be required to purchase Maintenance/support for use of Product. There For Lot 1- Software and Lot 2 – Hardware there shall be no automatic renewal of Maintenance/support. For Lot 3 – Cloud, Contractor may offer automatic renewal of Maintenance/support. An Authorized User may discontinue such Maintenance/support by providing Written notice no later than 30 calendar days prior to the anniversary date of the Authorized User Agreement. Maintenance/Support Agreement Contract Price Survival An Authorized User’s Maintenance/support agreement, entered into during the term of this Contract, may continue beyond the end of the Contract based on the following limitations: Maintenance/support period must start prior to the expiration of the Contract; Authorized User has pre-paid for the entire Maintenance/support term; Maintenance period cannot last longer than a 36 60 month period past the expiration of the Contract. Example: A Contractor offers a SKU for a 2 year Maintenance/support term, which is discounted 5% less than a SKU for 2 single year engagements. In addition, Contractor also offers a 5% discount for pre-payment on the 2 year Maintenance/support term. Should the Authorized User fully pre-pay the 2 year Maintenance/support period and this Maintenance/support period begins prior to the expiration of the Contract, the Maintenance/support term will survive the Contract. Legacy Maintenance/Support Contractor may offer Legacy Maintenance/support services Services on End of End-of-Life, or obsoleted Product, that is not being offered under this Contract, provided that the equipment Equipment fits within the scope of this Contract as set forth in Section 2, Contract Scopethe Contract. Legacy Maintenance/support options shall be included in Appendix E - Pricing Pages. A description of each type of Legacy Maintenance/support option shall be provided in Appendix E - Pricing Pages. Maintenance/Support Responsibility As a part of Maintenance/support responsibilities, the Contractor shall represent the Authorized User in regards to other involved equipment Equipment and service providers to identify and correct the malfunction. Malfunctions that cannot be immediately diagnosed and pinpointed to a certain piece of Product will require the participation of the Contractor until the responsibility for the problem has been established. See Appendix B. B Section 57, Cooperation with Third Parties. Maintenance/Support Service Sheets Upon Authorized User’s request, the Contractor shall furnish the Authorized User with a Maintenance/support Service Sheet service sheet for all Maintenance/support requests. At a minimum, the Maintenance/support Service Sheet service sheet should include the following data for each request for service: Date and time notified by Authorized User User; Date and time of arrival of Contractor Contractor; Description of malfunction reported by Authorized User User; Diagnosis of failure and work performed by Contractor Contractor; Date and time failure was corrected corrected; Charges for the service, if applicable applicable; and Name of person performing the service service. Remote Administration, Maintenance and Support Appendix E – Pricing Pages must include a Product description of any remote administration Remote Administration and/or Maintenance/support service arrangements if offered/provided with the Product. The cost for any equipment Equipment required to perform this function and the cost of the service, must be borne by the Contractor, as part of the cost of Maintenance/support. Connections to the Authorized User’s networks must be performed in a manner prescribed by an Authorized User to preserve the integrity of the Authorized User’s network, confidentiality and integrity of information transmitted over that Authorized User’s network, and the availability of the network. Monitoring of network performance metrics, such as throughput, firmware levels and updates, or uptime, can be provided through Lot 1 – Software and Lot 2 - Hardware. All Contractors Contractors/Resellers should review NYS ITS Technology Standard NYS-S14- S14-010, Remote Access. Any remote administrationRemote Administration, maintenanceMaintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s Data is considered a falls under the definition of Cloud service and Solution as stated in Section 2.5 - Glossary must be included in Lot 3 – Cloud. PRE-INSTALLATION SITE VISITS In accordance with Appendix B, Section 19, Site Inspection, Authorized User can require a site visit as part of the Authorized User’s RFQ. NEW YORK STATE STATEWIDE FINANCIAL SYSTEMSYSTEM New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS is currently on PeopleSoft Financials version 9.2. SFS supports requisition-to-payment processing and financial management functions. The State is also implementing an eProcurement application that supports the requisitioning process for State Agencies to procure goods and services in SFS. This application provides catalog capabilities. Vendors with Centralized Contracts have the ability to provide a “hosted” or “punch-out” catalog that integrates with SFS and is available to Authorized Users via a centralized eMarketplace website. There are no fees required for a Vendor’s participation in the catalog site development or management. Upon completion and activation of an on-line catalog, State agencies will process their orders through the SFS functionality and other Authorized Users can access the catalog site to fulfill orders directly. The State is also implementing the PeopleSoft Inventory module in the near future to track inventory items within the item master table. Further information regarding business processes, interfaces, and file layouts may be found at: xxx.xxx.xx.xxx and xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/. PARTICIPATION IN CENTRALIZED CONTRACTS This Contract is available for use by all Authorized Users (See Appendix B – Definitions) and may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS AND EXTENSION OF USE New York State political subdivisions and others authorized by New York State law may participate in this Contract. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B, Section 2 Definitions Authorized User and Section 27 Participation in Centralized Contracts. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), services to be provided may include locations adjacent to New York State. Upon request, all eligible Non-State Agencies must furnish a Contractor with the proper tax exemption certificates and documentation certifying eligibility to use State Contracts. Questions regarding an organization's eligibility to purchase from New York State Contracts may be directed to OGS New York State Procurement's Customer Services at 000-000-0000. This Contract may be extended to additional States or Governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the Contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant Contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. EXPIRATION OF CONTRACT; SURVIVAL OF AUTHORIZED USER AGREEMENTS Except as permitted below, Authorized User Agreements cannot extend 12 months past the Contract expiration. Lot 1 – Software and Lot 2 – Hardware Pre-paid Maintenance/Support services within an Authorized User Agreement that is fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract no longer than 60 months. Lot 4 - Implementation Authorized User Agreements fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract based on the term of the Authorized User Agreement. An Authorized User Agreement for Lot 4, including any extensions, shall be no longer than 60 months in duration. PREFERRED SOURCE PRODUCTS State Finance Law §162 requires that governmental entities afford first priority to the products/services of Preferred Source suppliers such as Correctional Industries (Corcraft), New York State Preferred Source Program for People who are Blind, and NYS Industries for the Disabled (NYSID), when such products/services meet the form, function and utility of the Authorized User. An Authorized User must determine if a particular commodity or service is approved for a Preferred Source and follow the requirements of State Finance Law §162(3) or (4)(b), respectively, before engaging the Contractor. Some products/services in the Contract may be available from one or more Preferred Sources. Contractor will be required to prominently display the following language on all pricelists:
Appears in 41 contracts
Samples: online.ogs.ny.gov, online.ogs.ny.gov, online.ogs.ny.gov
Obligations. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor or those under Contractor’s control), or willful or grossly negligent operation or handling of the Product by the Authorized User. Right to Refuse/Discontinue Maintenance/Support An Authorized User shall not be required to purchase Maintenance/support for use of Product. There shall be no automatic renewal of Maintenance/support. Maintenance/Support Agreement Contract Price Survival An Authorized User’s Maintenance/support agreement, entered into during the term of this Contract, may continue beyond the end of the Contract based on the following limitations: • Maintenance/support period must start prior to the expiration of the Contract; • Authorized User has pre-paid for the entire Maintenance/support term; • Maintenance period cannot last longer than a 36 month period past the expiration of the Contract. Legacy Maintenance/Support Contractor may offer Legacy Maintenance/support services on End of Life, or obsoleted Product, that is not being offered under this Contract, provided that the equipment fits within the scope of this Contract as set forth in Section 2, Contract Scope. Legacy Maintenance/support options shall be included in Appendix E - Pricing Pages. A description of each type of Legacy Maintenance/support option shall be provided in Appendix E - Pricing Pages. Maintenance/Support Responsibility As a part of Maintenance/support responsibilities, the Contractor shall represent the Authorized User in regards to other involved equipment and service providers to identify and correct the malfunction. Malfunctions that cannot be immediately diagnosed and pinpointed to a certain piece of Product will require the participation of the Contractor until the responsibility for the problem has been established. See Appendix B. 57, Cooperation with Third Parties. Maintenance/Support Service Sheets Upon Authorized User’s request, the Contractor shall furnish the Authorized User with a Maintenance/support Service Sheet for all Maintenance/support requests. At a minimum, the Maintenance/support Service Sheet should include the following data for each request for service: • Date and time notified by Authorized User • Date and time of arrival of Contractor • Description of malfunction reported by Authorized User • Diagnosis of failure and work performed by Contractor • Date and time failure was corrected • Charges for the service, if applicable • Name of person performing the service Remote Administration, Maintenance and Support Appendix E – Pricing Pages must include a Product description of any remote administration and/or Maintenance/support service arrangements if offered/provided with the Product. The cost for any equipment required to perform this function and the cost of the service, must be borne by the Contractor, as part of the cost of Maintenance/support. Connections to the Authorized User’s networks must be performed in a manner prescribed by an Authorized User to preserve the integrity of the Authorized User’s network, confidentiality and integrity of information transmitted over that Authorized User’s network, and the availability of the network. Monitoring of network performance metrics, such as throughput, firmware levels and updates, or uptime, can be provided through Lot 1 – Software and Lot 2 - Hardware. All Contractors should review NYS ITS Technology Standard NYS-S14- 010, Remote Access. Any remote administration, maintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s Data is considered a Cloud service and must be included in Lot 3 – Cloud. PRE-INSTALLATION SITE VISITS In accordance with Appendix B, Section 19, Site Inspection, Authorized User can require a site visit as part of the Authorized User’s RFQ. NEW YORK STATE STATEWIDE FINANCIAL SYSTEM
Appears in 5 contracts
Samples: Contract, online.ogs.ny.gov, online.ogs.ny.gov
Obligations. The Contractor shall not be obligated to repair damage caused by fire or other casualty (except that caused by the Contractor or those under Contractor’s control), or willful or grossly negligent operation or handling of the Product by the Authorized User. Right to Refuse/Discontinue Maintenance/Support An Authorized User shall not be required to purchase Maintenance/support for use of Product. There For Lot 1- Software and Lot 2 – Hardware there shall be no automatic renewal of Maintenance/support. For Lot 3 – Cloud, Contractor may offer automatic renewal of Maintenance/support. An Authorized User may discontinue such Maintenance/support by providing Written notice no later than 30 calendar days prior to the anniversary date of the Authorized User Agreement. Maintenance/Support Agreement Contract Price Survival An Authorized User’s Maintenance/support agreement, entered into during the term of this Contract, may continue beyond the end of the Contract based on the following limitations: Maintenance/support period must start prior to the expiration of the Contract; Authorized User has pre-paid for the entire Maintenance/support term; Maintenance period cannot last longer than a 36 60 month period past the expiration of the Contract. Example: A Contractor offers a SKU for a 2 year Maintenance/support term, which is discounted 5% less than a SKU for 2 single year engagements. In addition, Contractor also offers a 5% discount for pre-payment on the 2 year Maintenance/support term. Should the Authorized User fully pre-pay the 2 year Maintenance/support period and this Maintenance/support period begins prior to the expiration of the Contract, the Maintenance/support term will survives the Contract. Legacy Maintenance/Support Contractor may offer Legacy Maintenance/support services Services on End of End-of-Life, or obsoleted Product, that is not being offered under this Contract, provided that the equipment Equipment fits within the scope of this Contract as set forth in Section 2, Contract Scopethe Contract. Legacy Maintenance/support options shall be included in Appendix E - Pricing Pages. A description of each type of Legacy Maintenance/support option shall be provided in Appendix E - Pricing Pages. Maintenance/Support Responsibility As a part of Maintenance/support responsibilities, the Contractor shall represent the Authorized User in regards to other involved equipment Equipment and service providers to identify and correct the malfunction. Malfunctions that cannot be immediately diagnosed and pinpointed to a certain piece of Product will require the participation of the Contractor until the responsibility for the problem has been established. See Appendix B. B Section 57, Cooperation with Third Parties. Maintenance/Support Service Sheets Upon Authorized User’s request, the Contractor shall furnish the Authorized User with a Maintenance/support Service Sheet service sheet for all Maintenance/support requests. At a minimum, the Maintenance/support Service Sheet service sheet should include the following data for each request for service: Date and time notified by Authorized User User; Date and time of arrival of Contractor Contractor; Description of malfunction reported by Authorized User User; Diagnosis of failure and work performed by Contractor Contractor; Date and time failure was corrected corrected; Charges for the service, if applicable applicable; and Name of person performing the service service. Remote Administration, Maintenance and Support Appendix E – Pricing Pages must include a Product description of any remote administration Remote Administration and/or Maintenance/support service arrangements if offered/provided with the Product. The cost for any equipment Equipment required to perform this function and the cost of the service, must be borne by the Contractor, as part of the cost of Maintenance/support. Connections to the Authorized User’s networks must be performed in a manner prescribed by an Authorized User to preserve the integrity of the Authorized User’s network, confidentiality and integrity of information transmitted over that Authorized User’s network, and the availability of the network. Monitoring of network performance metrics, such as throughput, firmware levels and updates, or uptime, can be provided through Lot 1 – Software and Lot 2 - Hardware. All Contractors Contractors/Resellers should review NYS ITS Technology Standard NYS-S14- S14-010, Remote Access. Any remote administrationRemote Administration, maintenanceMaintenance/support service that transmits, stores, acts upon or could remotely access Authorized User’s Data is considered a falls under the definition of Cloud service and Solution as stated in Section 2.5 - Glossary must be included in Lot 3 – Cloud. PRE-INSTALLATION SITE VISITS In accordance with Appendix B, Section 19, Site Inspection, Authorized User can require a site visit as part of the Authorized User’s RFQ. NEW YORK STATE STATEWIDE FINANCIAL SYSTEMSYSTEM New York State is currently operating on an Enterprise Resource Planning (ERP) system, Oracle PeopleSoft software, referred to as the Statewide Financial System (SFS). SFS is currently on PeopleSoft Financials version 9.2. SFS supports requisition-to-payment processing and financial management functions. The State is also implementing an eProcurement application that supports the requisitioning process for State Agencies to procure goods and services in SFS. This application provides catalog capabilities. Vendors with Centralized Contracts have the ability to provide a “hosted” or “punch-out” catalog that integrates with SFS and is available to Authorized Users via a centralized eMarketplace website. There are no fees required for a Vendor’s participation in the catalog site development or management. Upon completion and activation of an on-line catalog, State agencies will process their orders through the SFS functionality and other Authorized Users can access the catalog site to fulfill orders directly. The State is also implementing the PeopleSoft Inventory module in the near future to track inventory items within the item master table. Further information regarding business processes, interfaces, and file layouts may be found at: xxx.xxx.xx.xxx and xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/. PARTICIPATION IN CENTRALIZED CONTRACTS This Contract is available for use by all Authorized Users (See Appendix B – Definitions) and may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS AND EXTENSION OF USE New York State political subdivisions and others authorized by New York State law may participate in this Contract. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See Appendix B, Section 2 Definitions Authorized User and Section 27 Participation in Centralized Contracts. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), services to be provided may include locations adjacent to New York State. Upon request, all eligible Non-State Agencies must furnish a Contractor with the proper tax exemption certificates and documentation certifying eligibility to use State Contracts. Questions regarding an organization's eligibility to purchase from New York State Contracts may be directed to OGS New York State Procurement's Customer Services at 000-000-0000. This Contract may be extended to additional States or Governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the Contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant Contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract and Contractor agrees to hold them solely responsible for such liability and performance. EXPIRATION OF CONTRACT; SURVIVAL OF AUTHORIZED USER AGREEMENTS Except as permitted below, Authorized User Agreements cannot extend 12 months past the Contract expiration. Lot 1 – Software and Lot 2 – Hardware Pre-paid Maintenance/Support services within an Authorized User Agreement that is fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract no longer than 60 months. Lot 4 - Implementation Authorized User Agreements fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract based on the term of the Authorized User Agreement. An Authorized User Agreement for Lot 4, including any extensions, shall be no longer than 60 months in duration.
Appears in 4 contracts
Samples: online.ogs.ny.gov, online.ogs.ny.gov, online.ogs.ny.gov
