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Exhib "A" MAINTENANCE SERVICE AGREEMENT NEC BUSINESS COMMUNICATION SYSTEMS (WEST),INC. THIS AGREEMENT is made as of _, 19_,by and between NEC Business Communication Systems(West),Inc.,having its principal place of business at 1411 West 190th Street,Suite 800,Gardena, California 90248("NEC"),and CITY OF REDWOOD CITY a(n) State(check one) corporation^partnership_sole proprietorship_government entity having its principal place of business at 1017 Mi ddl efi el d Road, Redwood City, CA ("Customer"). 94064 1. SERVICE NEC agrees to provide maintenance and repair services for the hardware equipment("Equipment")and associated software listed in Schedule A(collectively,such Equipment and software is referred to as the"System"),installed at SEE SCHEDULE OF EQUIPMENT/LOCATIONS COVERED (the"Premises"),as set forth below. (a)Maintenance Services: NEC shall,during the contracted period,furnish all parts and service necessary to maintain the System in good working order,or provide such other maintenance coverage specified in Schedule A. NEC shall dispatch service personnel to the Premises to perform necessary repairs,unless NEC is able to perform the repairs from a remote location. NEC shall also conduct remote diagnostic testing,when applicable. Any replacement parts may be either new or refurbished but equivalent to new in operation. Parts will be furnished on an exchange basis,and any parts removed shall become the property of NEC. (b)Response Time: When on-site repairs are necessary,NEC shall respond during NEC service hours within 24 hours(excluding weekends and holidays)of NEC's receipt of Customer's service request. The service hours for NEC to provide routine maintenance and/or repair service for the System will be between the hours of 8 AM and 5 PM prevailing local time,Monday through Friday,excluding days observed by NEC as holidays. However,in case of a major System failure,NEC shall respond within 4 hours of NEC's receipt of Customer's service request. Service hours in case of a major System failure shall be 24 hours a day,7 days a week. The response time will be the elapsed time between NEC's receipt of Customer's service request and arrival of NEC's service personnel at the site. As used above,"major System failure"means: (1)A general inability of the System to receive incoming or originate outgoing calls. (2)A majority of either the Central Office trunks or"Tie"trunks is inoperative. (3)More than 25%of either the stations or terminals are inoperative. (c) Non-Covered Service: NEC will attempt to respond to all requests for service. If service is required outside NEC's service hours,labor for such non-covered service calls will be chargeable to Customer in accordance with NEC's local prevailing hourly labor rates. However,parts and other material costs will be covered even for after-hours service under this Agreement,unless excluded under Section 5 hereof, "Exclusions." 2. SERVICE FEE (a)Customer agrees to pay a service fee of$ 30,693.00 for the first year of this Agreement. NEC reserves the right to adjust the yearly fee for extensions of this Agreement,as set forth 25 Section 3 hereof. Customer shall make payment of the service fees in advance,at the rate of$ for each (check one)_annual_.semi-annual X quarterly period during the term of this Agreement. (b)If new or additional equipment is added to the System subsequent to the date of the initial installation of the System,a new service fee will be calculated,to reflect the increased scope of service and maintenance. (c)The service fee does not include federal,state,or local taxes which may be applicable;such taxes will be additional billable items,which Customer agrees to pay unless Customer provides NEC with appropriate tax exemption documentation. (d)If Customer does not make timely payment to NEC of any amount payable under this Agreement,then in addition to all the remedies available to NEC at law or equity or under other provisions of this Agreement,NEC may collect interest on the sum then owing at the rate of 1.5%per month from the due date until payment by Effective 7-1-92