HomeMy WebLinkAbout85-0311 Hewlett Packard Support SSS-o311
RESOLUTION
AUTHORIZING EXECUTION OF A CUSTOMER SUPPORT SERVICES AGREEMENT
WITH THE HEWLETT-PACKARD COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Robert O. MaIm, Acting City Manager, be and is hereby authorized and directed to
execute a customer support services agreement on behalf of the City of Elgin with the
Hewlett-Packard Company for maintenance of the Police Information Management
System, a copy of which is attached hereto and made a part hereof by reference.
Richard L. Verbic, Mayor
Presented: March I I, 1985
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Marie Yearman, City Clerk
(14i' PHAECWKLAERTDT CUSTOMER SUPPORT SERVICES
AGREEMENT
AGREEMENT BETWEEN AGREEMENT NO.
AND HEWLETT-PACKARD COMPANY EFFECTIVE DATE
1. GENERAL INTENT The services to be provided and charges for such services shall
Hewlett-Packard Company ("HP") will provide support services be subject to mutual agreement.
described herein to the extent these services are ordered by the d. For installed products which will continue to be serviced, HP,at
Customer. Detailed descriptions of the support services offered are its tion, shall supervise the dismantling and packing of the
contained in the Exhibits which are attached or subsequently added. prod cts and shall inspect and reinstall the products at the new
The Customer may authorize support services as a part of the initial locati n. These services, if provided,shall be at additional charge
Agreement or by subsequent orders. The Agreement will continue in based on HP's standard service rates in effect at the time. The
effect until terminated by either party. Cust er shall furnish all labor and materials for the dismantling,
packi g, and placement of the products in the new location.
2. ELIGIBLE PRODUCTS e. The Customer shall be responsible for any loss or damage to
a. The Customer represents that it is the owner of the products the O'roducts during relocation.
which are to be supported under this Agreement, or has
authority from the owner to include such products under
this Agreement. 7. EXCLUSIONS
b. Only HP products which are in normal operating condition,and HP's su port services do not include (1) operating supplies and
as applicable those products which are currently at HP's specified consumabl (2) refinishing the products or furnishing materials for
revision levels,are eligible for coverage under this Agreement. If, that purposle, (3) electrical work external to the products, (4) main-
in HP's opinion, maintenance of any product is required to tenance of laccessories, attachments or products not specified herein
return it to normal operating condition or to bring any appli- or on subs quent orders, or (5) any other services not specifically
cable product to the specified revision level, HP will offer to described h rein.
perform such work at standard service rates prior to placing
the product on this Agreement. 8. TERM
3. ORDERS a. This Agreement shall commence on the specified Effective Date
and end upon termination by either party.
a. The Customer may initially order support services to corn-
b. Thecustomer may terminate this Agreement at any time upon
mence upon the Effective Date of the Agreement and thereafter thirt (30)days written notice to HP and HP may terminate at
may at any time issue orders for additional services, delete any ime after the first twelve (12) months upon sixty (60)
services previously ordered, or add or delete products to be days written notice to the Customer.
supported. All orders are subject to acceptance by HP. The
support services charges shall be adjusted appropriately in c. HP agrees to offer support services for products covered here-
accordance with paragraph 10. unde- for a minimum of five (5) years from the date of com-
b. Orders must reference this Agreement and applicable Exhibits, pletion of last regular production of a product with the same
list services being ordered and products supported,and show the model number.
desired Commencement Date for services, invoicing instructions, d. The }ninimum term of any order shall be three (3)full months
and purchase order number or similar identifier. Orders should unless otherwise specified on the applicable Exhibit. If the
be sent to the office designated by HP. Throughout this Customer orders less than twelve (12) months of any service,
Agreement, "orders" shall be understood to mean purchase the ;administration charge specified in paragraph 10.b. shall
orders, change orders, letters and signed Exhibits which appl to that service unless otherwise specified on the appli-
authorize services,and any other written authorizations. cable Exhibit.
4. CONDITIONS OF SERVICE e. The Customer may terminate any order issued pursuant to this
Agreement at any time upon thirty (30) days written notice
HP shall be under no obligation to furnish support services under to H'. During the first twelve (12) months of this Agreement,
this Agreement should repair be required because of (1) improper use; HP May terminate its provision of services under any order
(2) natural disasters such as flood or earthquake; (3) strikes, riots, or only for causes specified herein and with sixty (60)days written
acts of war or nuclear disaster; (4) repairs,maintenance, modifications, notice to the Customer.After twleve(12)months,only sixty (60)
or relocation and reinstallation made by other than HP personnel or days Written notice by HP is required.
without HP's supervision and approval; (5) unusual shock or electrical
damage,accident,fire or water damage,neglect,air conditioning failure,
humidity control failure,a corrosive atmosphere harmful to electronic 9. WARRANTY FOR SUPPORT SERVICES
circuitry, damage during transportation by the Customer, or causes a. For 'hardware products serviced hereunder, warranty shall be
other than ordinary use; and (6) failure by Customer to maintain the limit to the correction of any defective services by restoring
site specifications recommended by HP. If support services are required the roducts to good operating condition. Warranty provided
as a result of the causes stated above,such service shall be provided at here nder for software and documentation services shall be
HP's standard service rates for labor, travel, and material in effect at limit to providing the software support and documentation
the time of service.
servi s selected by the Customer.
5. MODIFICATIONS TO PRODUCTS b. NO THER WARRANTY IS EXPRESSED OR IMPLIED. HP
HP may, at its option, with no additional charge to the Customer, SPE IFICALLY DISCLAIMS THE IMPLIED WARRANTIES
OF ERCHANTABILITY AND FITNESS FOR A PARTICU-
make modifications to improve the operation and/or reliability of the
LAR PURPOSE.
products being serviced under this Agreement.
c. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S
6. RELOCATION OF PRODUCTS SOL AND EXCLUSIVE REMEDIES. HP SHALL NOT BE
a. The Customer shall give HP thirty (301 days written notice prior LIA LE FOR ANY DIRECT, INDIRECT, SPECIAL, INCI-
to any relocation of products covered by on-site support services DAL, OR CONSEQUENTIAL DAMAGES, WHETHER
being provided under this Agreement. THAN S D ON CONTRACT, TORT OR ANY OTHER LEGAL
THE RY.
b. Products moved to a location within the contiguous United
States shall continue to be serviced under this Agreement. The 10. CHARGES
response time and charges will be adjusted to reflect the new a. The harges specified are those currently in effect. These charges
location. may be changed provided that HP has notified the Customer in
c. Products moved outside the contiguous United States may con- writiig of any increase at least sixty (60)days prior to invoicing
tinue to be serviced under this Agreement,at the option of HP. at the increased rate.
9320-4077 (Rev.3/P0)
b. Any order issued pursuant to this Agreement which has a term c. HP rese es the right to withhold without liability but with
of less than one year or is changed to less than one year by the prior w itten notice any services authorized by the Customer
Customer shall be subject to an administration charge equal to under t is Agreement if the Customer is delinquent in payment
one monthly charge or one twelfth (1/12) of the annual charge, for any rvices, and to change the credit terms herein when,in
unless otherwise provided in the applicable Exhibit. HP's o inion, the financial condition or previous payment
c. The Customer may prepay services up to one (1) year in ad record Of the Customer so warrants.
vance at HP's prevailing charge at time of payment. Prepaid d. In the event of any proceedings, voluntary or involuntary, in
services must have a Commencement Date not more than bankruptcy or insolvency by or against the Customer, or in
ninety (90)days after payment. Increases that would otherwise the event of the appointment,with or without the Customer's
take effect during the prepaid period shall be delayed until the consent,) of an assignee for the benefit of creditors, or of a
end of the period, but shall be effective at the start of any receiver,l� HP may elect to cancel any unfilled part of this
subsequent prepaid period. Agreement.
d. Charges for services performed outside the specified periods of e. HP's failure to exercise any of its rights hereunder shall not
coverage and for services not covered by this Agreement will be constitute or be deemed a waiver or forfeiture of such rights.
invoiced separately at HP's standard service rates. f. Stenograbhical, typographical, and clerical errors are subject to
e. When the Customer requests that HP incur commercial travel correction.
and per diem expenses because of extended travel not included g, No U.S.I Govemment procurement regulations shall be binding
in the coverage, these expenses will be charged to the Customer on eithe} party unless specifically agreed to in writing prior to
and shown as separate items on the HP invoice. incorporation herein.
f. Unless otherwise stated in writing by HP, all charges shall be h, Any notices required to be given hereunder shall be given in
exclusive of state and local use,sales,property (ad valorem)and writing at the address of each party set forth below or to
similar taxes. The Customer agrees to pay such taxes and,when such other address as either party may substitute by written
applicable, such taxes will appear as separate items on HP's notice to the other.
invoice.
11. INVOICING 14. EXHIBITS
a. Charges for support services will be invoiced in advance, as a. Exhibits which are initially applicable are shown below or on
specified herein and on any subsequent orders. Any administra-
tion
an atted l)aa Exhibit List. A copy of each such Exhibit is also
tion charge will be invoiced in advance or as soon as it becomes attached lnd hereby made a part of this Agreement. HP may
applicable. Invoices for other charges described in paragraph offer rte. Exhibits by forwarding a copy of each to the
10 will be submitted as the charges are incurred. Custome An order to provide any of the support services de-
scribed in a new Exhibit shall constitute acceptance by the
b. HP reserves the right to increase its minimum invoice amount Customer and this Agreement shall then include that Exhibit.
provided that HP has notified the Customer in writing at least b. HP may' revise Exhibits currently in use provided only that
sixty 160) days prior to applying the new minimum. HP has rwarded the revised Exhibit to the Customer at least
c. Unless otherwise stated in writing by HP, the Customer shall sixty ( 1 days prior to its effective date. If HP so states, the
pay all invoices issued under this Agreement within thirty (30) Custome may elect to continue receiving support services
days from date of invoke. under the existing Exhibit.
12. ORDER OF PRECEDENCE TITLE DATE/REV.
This Agreement and any attachments hereto take precedence over
the Customer's additional or different terms and conditions and con-
stitute the entire understanding between the parties relating to trans-
actions hereunder. Acceptance by the Customer is limited to HP's
terms and conditions. Notice of objection is hereby given to the
Customer's additional or different terms and conditions. Neither HP's
commencement nor completion of performance shall be deemed or
construed as acceptance of the Customer's additional or different
terms and conditions.
13. MISCELLANEOUS
a. Any attempt to assign or transfer any of the rights, duties, or
obligations herein shall render such attempted assignment or
transfer null and void. 15. ADDITIONAL AUTHORIZATION
b. This Agreement shall in all respects be governed by the laws of If an Additional Authorizations page is attached, the Customer
the State of California. The parties hereby agree that any dis- hereby authorizles HP to accept orders directly from the organizations
Aute relating to the services sold hereunder shall be subject to listed on that page. All terms and conditions specified herein
the jurisdiction of the courts within the State of California. shall be applicable.
AGREED TO THIS ACCEPTED'ITHIS
day of 19 day of 19
HEWLETT-PACKARD COMPANY
CUSTOMER TELEPHONE NO.
11(
AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE
TYPED NAME TYPED NAME
Title: Title:
ADDRESS OF DESIGNATED NOTIFICATION OFFICE ADDRESS OF DIESIGNATED NOTIFICATION OFFICE
CITY STATE ZIP CITY
STATE ZIP
T
Customer Support [1 PACKARD
Services Agreement
Exhibit 2A
Standard System Maintenance Service
I. Services provided by B. HP Tele-Support services. (HP 3000 only ') HP will
utilize a Customer-owned diagnostic modem, the HP
Hewlett-Packard (HP) Support Link (or an equivalent qualified modem) for
the purpose of providing remote diagnostics to
A. On-site services.HP will travel to Customer's site and Customers HP 3000 system covered under SSMS.HP
provide all labor, parts, and materials that HP deems Tele Sup rt services consist of the following:
necessary to maintain in good operating condition 1. HP T le-Support diagnostics. This service
those hardware products covered under Standard
inclu es the execution,via a telephone line,of HP
System Maintenance Service (SSMS). Replacement progrkims to examine Customer's system, system
parts shall be new or their equivalent; replaced parts ]ogfils and disc error files for the purpose of
become the property of HP.Services provided include determining the malfunctioning product.
and are limited to the following: Diagriostics will be performed during the hours of
1. Remedial maintenance. This service includes the coverage only upon receipt of authorization by
diagnosis and correction of product malfunctions Customer. These diagnostics may result in HP's
and failures. Remedies may'consist of temporary request to Customer to follow temporary
procedures to be followed by Customer while a proceldures while permanent solution is being
permanent remedy is being sought. Remedial sought. If the results of the telephone diagnosis
maintenance will commence during the coverage
are inconclusive, HP will respond on-site as
hours and will continue uninterrupted,as long as descr bed in Paragraph I.A.
reasonable progress is being made, until the 2. Predi;tive support. This service consists of
products are operational. If HP determines telephone access to Customer's HP 3000 system
additional parts or resources are required,service for the purpose of executing diagnostic proce-
will be interrupted and will resume as soon as duress. These procedures include examination of
these parts or resources are available.
2. Preventive maintenance. Some HP products the system error logfiles,peripheral error logfiles,
and/or system performance measurements.
require preventive maintenance which includes System diagnostic programs may also be run.This
cleaning, adjusting, lubricating, inspecting and maingenance will be performed according to the
testing procedures designed to reduce product procedures and at the frequencies recommended
failure and,or extend useful product life. This by HP. Predictive support will be performed
maintenance will be performed according to the
procedures and at the frequencies recommended durin the hours of coverage on a mutually
agree-upon schedule.
by HP.Preventive maintenance will be performed C. Hours of lioverage. 8:00 a.m. to 9:00 p.m., Monday
during the period of coverage on a mutually through F 'day, excluding HP holidays.
agreed-upon schedule, or coincident with D. Response ime.
remedial maintenance. 1. On-site response time.Response time for remedial
3. Engineering improvements.HP may from time to
time make engineering improvement modifica maintenance under SSMS is measured in elapsed
coverage hours from the time a service request is
tions which it deems necessary to incorporate in receiv d until the time an HP Customer Engineer
Customer's products covered by SSMS. Such arrives at Customer's site.Service requests may be
changes will be performed at HP's expense during
given:at any time during the hours of coverage.
the period of coverage on a mutually agreed-upon SSMSlprovides four(4)coverage hour response to
schedule, or coincident with remedial or Custo er sites located in HP travel zones 1,2,or
preventive maintenance. 3(wit in 100 mi,'160 km.)of an HP Primary
4. Site environmental survey. HP products are
Supp rt Responsible Office (Primary SRO), as
designed to operate within certain power, specified in the HP Systems Support Service Travel
temperature,airborne contaminant,and humidity and Office Directory in effect at the time of service.
ranges,as specified in the appropriate system site Customers located in zones 4, 5, and 6 are
preparation document. Periodically, HP will provided response times as specified in Table 1.
monitor the environment and will notify Customer Custotners in zones 1,2,or 3 of a Secondary SRO
in writing of any required corrective actions. may receive faster response than that provided
from their Primary SRO; in no case will the
response time from the Secondary SRO exceed that B. Extended coverage option. SSMS coverage can be
from Customer's Primary SRO. provided beyond the 8:00 a.m. to 9:00 p.m., Monday
2. Telephone response time (HP 3000 only). through Friday, normal coverage period for an
Response time for HP Tele-Support is measured additional charge. The extended coverage option
in coverage minutes from the time a service request re reponse time is that available from the nearest Primary
is received until the time an HP Customer Engineer S4pport Responsible Office, regardless of the location
responds via the HP Support Link (or an from which the HP Customer Engineer is dispatched.
equivalent qualified modem). Service may be Ail products covered by SSMS and interconnected by
requested at any time during the hours of any cables or connectors must have the same hours of
coverage; a 30 coverage minute telephone coiverage. Coverage may be extended to 13, 16 or 24
response will be provided to all Customers, hdurs per day over 5,6,or 7 days per week.(7-day per
regardless of Customer's zone location. In the week coverage is the only extended coverage option
event HP is unable to resolve a problem on the that provides contractual coverage on HP holidays.)
Customer's system through a telephone connec- C. Outside coverage hours service options. SSMS is
tion, HP will respond on-site as described in available outside the purchased coverage period for an
Paragraph I.D.1. additional charge per occurrence. To obtain service
under this option,Customer must have,in advance of
'selected models any outside coverage hours service requests, an open
purchase order specifying all persons authorized to
request outside coverage hours service.
II. Travel and Coverage Options III. Optional services
A. Extended travel option.HP can provide SSMS outside The'following optional services are available for selected
of HP travel zones 1, 2, or 3 for an additional charge. test and measurement instruments designated by HP.
The extended travel option is offered only from Primary A. Calibration option. Selected HP products require
Service Responsible Offices; response times are Periodic calibration to assure performance to published
specified in Table 1. specifications.Calibration consists of checking product
Specifications by executing all tests documented in the
F'erformance Test Procedure section of the Product
Table 1. Response time for extended travel. Manual. Any adjustments considered necessary to
Radial Distance from Optimize performance will be made. These calibration
HP Primary SRO Response Services may require removal of equipment to an HP
Zone to Customer Site Time repair center.Measurements made in conjunction with
4,5 ]0]-200 mi (161-320 km.) Within 8 calibration are traceable to the National Bureau of
coverage hours Standards. This service is available for an additional
Charge.
6 201-300 mi.(321-480 km ) Within 12 B. Ijoaner option.Sparing of selected HP products can be
coverage hours provided on either an exclusive or non-exclusive basis
Other Beyond 300 mi (>480 km.) Established at for an additional charge. With this service option HP
time of order Will own, reserve, and maintain in HP facilities
specified loaner equipment to minimize system
downtime in the event a corresponding system
component requires removal for repair and or
calibration.
I
IV. Limitations of service F. Adverse environments.HP does not guarantee product
peformance adversely affected by operation outside
A. Non-HP media, supplies, and consumables. The HP's site environmental specifications (including
selection and use of media,supplies,and consumables corrosive environments) as defined in the appropriate
(e.g.,thermal paper,disc media,or magnetic tape)are HP document.Should product malfunction as a result
Customer's responsibility. HP reserves the right to of operation outside these site specifications, HP"•ill
exclude from this agreement any repairs for damage to charge Customer on a Time and Material basis to repair
HP products which HP reasonably determines or product.
believes was caused by use of non-HP media,supplies, G. Obsolete products. Hewlett-Packard products which
and consumables. HP will, upon request, repair such are no longer offered for sale and are beyond their
damage on a time and material basis. specified support period may with Hewlett-Packard
B. Software support.Unless HP Custom Support Plan or c¢ncurrence be incorporated under SSMS as system
Account Management Support is purchased, any c¢mponents and will be maintained on a best efforts
maintenance services under BSMS involving software- basis. Such products will be identified in the appro-
related problems will be subject to an additional charge. priate support order. At some future date should
C. Nonqualified devices.Nonqualified devices will not be syipport of such a product no longer be deemed feasible
covered under SSMS. b'Hewlett-Packard, said product will no longer be
1. A nonqualified device is any product (hardware, covered by SSMS.
firmware, software, or cabling), whether internal
or external to the central processing unit, not
supplied by HP,and any product supplied by HP
which has been modified by Customer or any third
party. If Customer does not allow HP to
incorporate engineering improvements into the V. Prerequisites
products being maintained under SSMS, said A. Mi' imum system. Except for products capable of
products will be considered nonqualified devices. dia nostic self-test, SSMS coverage require.,a system
2. If, in the opinion of HP, performance of support wh ch includes an HP central processing unit, a
services is made more difficult or impaired because pe 'pheral capable of reading standard HP diagnostics
of a nonqualified device,Customer will temporar and verification tests, and a peripheral which allows
ily remove the device at Customer's risk and an HP Customer Engineer to fulls'interact with the
expense for the purpose of allowing HP to covered products.At HP's discretion,this requirement
maintain the qualified devices.
may be waived if a portable diagnostic device is
3. If services are rendered for a malfunction caused ava Table for the covered products.
by a nonqualified device, or service efforts to
isolate the cause of a malfunction are increased as In the event diagnosis of the covered products is made
a result of nonqualified device, HP will charge mo,e difficult or impaired due to a nonqualified device
Customer on a time and material basis for the that is part of the minimum system configuration,the
additional service. mirjimum system prerequisite is not met and the
4. Customer is solely responsible for the compatibility diagnosis will be billed on a time and material basis.
of nonqualified devices with covered products. Further efforts will be made only at Customer request
D. Maximum use limitation. Certain electromechanical and will be in accordance with provisions of Paragraph
devices(e.g., printers) have a specified maximum IV.C.
usage rate (see the product data sheet or operations B. Connectors and interfaces.All products covered under
manual for this rate). Products operated in excess of SSMS interconnected by any cables or connectors to an
this rate will not be covered by SSMS. Support for HP(central processing unit must be listed in the
products used beyond this recommended level is appropriate HP documentation as compatible with the
limited to Time and Material Service. cen ral processing unit.interfaces and accessories may
E. Toxic substances.HP may require equipment used for be covered, provided the product in which they are
analysis of toxic substances to be maintained by the used is also covered under SSMS. For HP equipment
customer under direct HP supervision. not meeting this requirement,HP's Time and Material
Service is available.
i �
f
I
C. Software support.HP 3000 systems and any other HP D. Operating procedures. Customer will follow routine
products in which the diagnostics or verification tests operator procedures as specified in the HP operating
are in whole or in part dependent upon the software manual for the products.
for execution must be covered by an HP software E. Operating supplies. Customer will provide HP
agreement which provides periodic software updates. Customer Engineers with operating supplies and
D. HP Tele-Support configuration (HP 3000 only). consumables such as paper, magnetic tapes, ribbons,
Systems using HP Tele-Support must be configured by cards, format tapes, disc cartridges, and such similar
Customer to permit access to one voice-grade telephone items as Customer would use during normal operation.
line and one data-quality telephone line; both must F. Customer representative. A representative of
have terminations located near Customer's system. Customer will be present at the site at all times service
i$being performed by HP,on-site or by telephone.HP
VI. Responsibilities of Customer personnel will not enter or remain at the facility in the
absence of a Customer representative.
A. Site environment.Customer will prepare and maintain G. Data security.Customer is responsible for the security-
the
ecuritythe site in conformance with HP's site specifications as of its confidential, proprietary, and classified
defined in the appropriate system site preparation information.
document. H. i-isage level charges. On specified electromechanical
B. Access.Customer will provide HP with the following: devices, additional service charges are assessed based
1. Access to the products covered under SSMS. upon the usage of the unit as measured by an internal
2. Adequate working space and facilities within a nfieter.Customer agrees to allow HP to install or remove
reasonable distance of the product. usage meters, and to provide meter readings on a
3. Access to and use of all information and facilities pjeriodic basis. Usage charges may be invoiced
determined necessary by HP to service the separately.
products. I. FIP Tele-Support(HP 3000 only).Customer will allow
4. Access to the HP Support Link (or an equivalent HP to keep system diagnostic programs resident on
qualified modem) upon request to provide HP Customer's system for the exclusive purpose of
Tele-Support (HP 3000 only). performing diagnostics.
C. Data reconstruction. Customer is responsible for J. I.sage of toxic substances. The Customer shall notify
maintaining a procedure external to the products for HP if any product covered by this agreement is used
reconstruction of lost or altered files,data,or programs fdr analysis of toxic substances (LD5,,of 100 mg'kg of
to the extent deemed necessary by Customer, and for body weight or less).
actually reconstructing any lost or alt. red files,data,or K. Service calls. Prior to placing a service request with
programs. 1-P, customer may be required to run HP supplied
s'stem self-test programs.
Printed in L'S.A ReN, 4'84
5953-88.37D