HomeMy WebLinkAbout02-295 Resolution No. 02-295
RESOLUTION
AUTHORIZING EXECUTION OF A HARDWARE PURCHASE AGREEMENT WITH
TICKETS .COM, INC. FOR A COMPUTERIZED TICKETING SYSTEM
FOR THE HEMMENS CULTURAL CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is
hereby authorized and directed to execute a Hardware Purchase
Agreement on behalf of the City of Elgin with Tickets . com, Inc.
for a computerized ticketing system for the Hemmens Cultural
Center, a copy of which is attached hereto and made a part hereof
by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 28, 2002
Adopted: August 28, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
tickets.CO/rt Hardware Purchase Agreement
Agreement No.A100-301
THIS AGREEMENT is made by and between City of Elgin, an Illinois municipal corporation formed
pursuant to the laws of the State of Illinois,with its principal place of business at 150 Dexter Court,
Elgin,IL 60120 (hereinafter"Customer") and Tickets.com,Inc., a corporation formed pursuant to the
laws of the State of Delaware with an office at 344 West Genesee Street, P.O. Box 959, Syracuse,New
York 13201 (hereinafter "Tickets.com").
I. HARDWARE: Tickets.com agrees to sell, and Customer agrees to purchase, subject to the
following Terms and Conditions,the Hardware listed below.
QTY PURCHASE DESCRIPTION UNIT TOTAL
ITEM PURCHASE PRICE
PRICE
1 PCSVRUG TEST AND CONFIGURATION ON 1,000.00 $1,000.00
SERVER
1 PWSUG TEST AND CONFIGURATION ON 200 $200.00
WORKSTATION
HARDWARE TOTAL $1,200.00
II. PRICES AND PAYMENT: The Customer agrees that the total purchase price, which does not
include shipping and handling, shall be paid in accordance with the following payment schedule:
A. DUE ON PLACEMENT OF ORDER: $ 600.00
B. DUE UPON INSTALLATION: $ 600.00
III. TRANSPORTATION AND TAXES: All charges for transportation and handling of the
Hardware shall be paid by Customer. Customer agrees to pay all local, state and federal sales or use
taxes, personal property taxes or any other taxes however designated, levied or based on such charges or
on this Agreement or amounts in lieu thereof paid or payable by Tickets.com in respect of the foregoing,
exclusive, however, of taxes based on net income, which taxes shall be borne by Tickets.com unless
Customer provides appropriate documentation for appropriate tax exempt status.
IV. LIMITED WARRANTY. (Intentionally omitted as Customer is purchasing hardware
from an third party company.)
VI. LIMITATION ON LIABILITY.
A. EXCEPT AS SET FORTH ABOVE, TICKETS.COM MAKES AND THE CUSTOMER
RECEIVES NO WARRANTY EXPRESS OR IMPLIED AND THERE ARE
EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
B. Tickets.com shall not be liable for any loss, property damage, personal injury, legal
expense or other expense incurred by any employee, agent, invitee or licensee of
Customer or any person other than employees or authorized agents of Tickets.com
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Hardware Purchase Agreement 08/20/2002
regardless of how caused, for any act or omission of any other entity furnishing
equipment, services or facilities used with or connected to the Hardware.
VII. TITLE AND RISK OF LOSS.
A. Title to the Hardware shall pass to Customer only upon Customer's payment of the total
purchase price by Customer.
B. Tickets.com will ship the Hardware with a carrier chosen by Tickets.com and will bear
the entire risk of loss, damage, destruction or theft of the Hardware for any reason, other
than negligence of Customer, its employees or authorized agents, from the time the
Hardware is shipped by Tickets.com only until received at Customer's location. After
receipt of Hardware at Customer's location, Customer will bear the entire risk of loss,
damage, destruction or theft of the Hardware for any reason.
VIII. PROPRIETARY INFORMATION: Customer will hold in confidence the information
contained in this Agreement unless required by law.
IX. GENERAL.
A. Except as provided in the SOFTWARE SUPPORT AND LICENSE AGREEMENT
A101-301 between Tickets.com and Customer, the terms and conditions of this
Agreement supersede those of all previous agreements between Tickets.com and
Customer with respect to the subject matter hereof. Any terms and conditions appearing
on Customer's purchase orders or authorizations issued hereunder shall not apply to or
become a part of this Agreement.
B. No waiver of any breach of any provision of this Agreement shall constitute a waiver of
any prior, concurrent or subsequent breach of the same or any other provision hereof,
and no waiver shall be effective unless made in writing and signed by an authorized
representative.
C. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed and the entire Agreement shall not fail on
account thereof and the balance of the Agreement shall continue in full force and effect.
D. The rights and obligations of the Customer may not be assigned without the prior written
consent of Tickets.com and any attempted assignment without such prior written consent
shall be void.
E. This Agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes or the enforcement of any rights pursuant to this
Agreement shall be in the Circuit Court of Kane County, Illinois.
X. TERMINATION.
A. Tickets.com shall have the right to terminate this Agreement:
1. Upon ten days written notice in the event that Customer violates any provision of
this Agreement including,but not limited to,payment;
2. Immediately, without notice, in the event Customer terminates or suspends its
business, becomes insolvent, makes an assignment for the benefit of creditors or
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Hardware Purchase Agreement 08/20/2002
suffers or permits the appointment of a receiver, trustee in bankruptcy, or similar
official.
B. In the event of termination, the Customer shall be obligated to return the Hardware to
Tickets.com at a location designated by Tickets.com, unless 100% of the Hardware
payment has been received by Tickets.com. Tickets.com shall be entitled to retain all
amounts received from Customer as and for Tickets.com's damages.
C. Customer shall have the right to terminate this Agreement:
1. Upon ten days written notice in the event that Tickets.com violates any provision
of this Agreement;
2. Immediately, without notice, in the event Tickets.com terminates or suspends its
business, becomes insolvent, makes an assignment for the benefit of creditors or
suffers or permits the appointment of a receiver, trustee in bankruptcy, or similar
official.
XI. EFFECT OF CUSTOMER'S REJECTION OF SOFTWARE: (Intentionally omitted as
Customer is purchasing hardware from an third party company.)
In witness whereof, the parties have hereunto set their hands and seals as of the date set out beneath their
respective signatures.
MCITY OF ELGIN TICKET�S.CO�M,INC.a.,..i. S. ' .,.j i .--:,5:1-•••
ID 11.1112%■ k ••Aut onzed _ Authorized Si atu e
Olufem o . in &ail' S. ProsI-
Printed Name Printed Naifie
Interim City Manager VP. q- &e mend (Cunt/
Printed Title Printed Title
ST30 10 L 8 -Zo- oZ.
Date Date
DATE ISSUED: August 20,2002
Tax Exempt# (Attach certificate)
Bill to Address:
City of Elgin
150 Dexter Court
Elgin, IL 60120
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Hardware Purchase Agreement 08/20/2002
Attachment A
Hardware Requirements for Customer Provided Equipment
NT Servers:
*Call to verify Windows NT-approved hardware compatibility
• IBM Compatible Pentium 833MHz or faster processor
• Microsoft®Windows NT Version 4.0, Windows 2000 Operating Systems
• 512mb RAM memory(minimum)
• SVGA or VGA Color Monitor
• CD-ROM
• 18 gb SCSI Hard Disk(minimum)
• Tape Backup Unit equivalent or larger than hard disk
• SCSI controller card for hard disk and tape backup unit(if proprietary controller is installed in CPU,
avoid EISA types)
• 1.44mb 3.5in Disk Drive
• 2 serial ports, 1 parallel port
• Additional Serial port(total of 3) -Only needed if running Credit PASS
• Network card
• APC Smart Uninterrupted Power Supply(UPS)with PowerChute for Windows NT
• Analog modem or Internet connection(for Direct Line Support)
• Norton PCAnywhere 10.0 Software(for Direct Line Support)
UNIX Servers:
• Motorola Power PC 600 mhz(minimum)or IBM RS6000 43P 600 mhz(minimum)processor
• Monitor(SVGA or Monochrome)or ASCII Terminal
• AIX Operating System version 4.1 or higher(1 user license)
• 512mb RAM
• 18 gb Hard Disk(Internal or External)minimum
• Tape Backup Unit(equal or larger in size of the hard disk)
• APC Smart Uninterrupted Power Supply(UPS)with PowerChute for AIX version 4.1
• 28.8kbps (minimum)external Modem(for Direct Line Support)
• Ethernet Transceiver
• Terminal Server or Async Adapter
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Hardware Purchase Agreement 08/20/2002
Workstations:
• IBM compatible PIII 300 mhz or faster processor
• 64mb of RAM , 128 Mb recommended
• SVGA or VGA Color Monitor
• 200 mb Hard Disk space available
• 1.44mb 3.5in Disk Drive
• Microsoft®Windows95/98,NT 4.0 Workstation, Windows 2000 Professional Operating Systems
• Direct Line Support(required for one workstation per network)consisting of:
Analog modem or Internet connection
Norton PCAnywhere v10.
• Mouse
• Network Card
• Light Pen(call Tickets.com for recommended Light Pens)-optional
• 2 serial ports, 1 parallel port
Backup Tape Units& Tapes:
Call Tickets.com for current list of recommendations
Uninterrupted Power Supplies(UPS):
American Power Conversion(APC
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Hardware Purchase Agreement 08/20/2002
In order to perform a proper `Test and Assurance' on customer supplied equipment,the following
items must be considered before shipping your equipment to Tickets.com.
Please review and sign after reading the guidelines below. A shipping checklist has been provided
for your convenience that covers these items at the end of this document.
SERVERS
HARDWARE
The server must be shipped with its keyboard and mouse. All related hardware such as modems,tape
backup units, display terminals (AIX only)must be shipped as well. Monitors not required to be shipped.
The physical UPS does not need to be shipped,but information on its make and model must be supplied
for configuration purposes.
The ticketing server must have the correct number of serial ports installed. The configurations are as
follows:
AIX based systems:
A minimum of four serial ports must be available if the server will use a display terminal.The display
terminal will use the first port, the second by the UPS,the third by the dial in support modem and the
fourth by the CreditPASS modem.
If the server will not be using a display terminal, a minimum of three serial ports will be required. The
UPS will use the first port,the support modem will use the second,and the third port will be used by the
CreditPASS modem.
Windows NT Server based systems:
A minimum of three serial ports must be available. The first port will be used by the UPS,the second
for the CreditPASS modem, and the third by the PCAnywhere modem.
SOFTWARE
If Tickets.com will be loading the operating system on behalf of the customer, all of the operating
system software must be included in the shipment. This must include any additional support software
such as PowerChute,and PCAnywhere(NT servers only).
If the server is to be built by the customer, it is still necessary that all of the server's operating system
software be included in the shipment. This also includes any additional support software such as
PowerChute,and PCAnywhere. This ensures that if additions or modifications need to be made on
existing installed software packages, its respective installation software will be available to do so.
All Windows NT server hard drives must be formatted using NTFS,not FAT.
Please also note that if the server is configured with Windows NT and is to be used for PASS2,it is
important that at least one partition on one hard drive be created that is EQUAL to or LESS than 2
gigabytes. If the server has not been built with this guideline,the NT operating system must be deleted
and reinstalled by Tickets.com.
WORKSTATIONS
HARDWARE
Workstations must be shipped with their keyboards,mice and power cables. The administrative
workstation's modem must be included to configure PCAnywhere. Monitors are not required.
If the workstations are pre-configured,network cards may not be installed using plug and play mode.
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Hardware Purchase Agreement 08/20/2002
SOFTWARE
If only one workstation is to be shipped to Tickets.com, it will be configured as the ticketing system's
administrative workstation. If more than one workstation will be shipped, please label which you'd like
to be the administrative station.
PCAnywhere software must be included so that dial-in support may be configured on the
administrative workstation.
NETWORK INFORMATION
If the ticketing system equipment will be utilized on an existing network, each workstation and server
must have an IP address assigned to it. Gateway addresses(if applicable)must be supplied as well.
It is imperative that your inform Tickets.com if you plan on utilizing the ticketing system on a
network that is currently running any Novell networking software.
PASSWORDS
Passwords, such as the Root password on an AIX system, or the Administrator's password
on an NT Server must be supplied to Tickets.com on pre-configured equipment.
I have read the guidelines above and will supply Tickets.com with hardware outlined in this document
along with any relevant network configurations and passwords.
City of Elgin
C t er Name
Signed by
Olufemi - arin, Interim City Manager F/30/0
Printed Name and Title Date
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Hardware Purchase Agreement 08/20/2002
SHIPPING CHECKLIST FOR NT SERVER BASED NETWORKS
Server Hardware
❑ Keyboard
❑ Mouse
❑ Power Cable
❑ Three serial(COM)ports
❑ Support Modem and cable(if external)
❑ Tape backup unit with at least one tape
❑ All hard drives formatted with NTFS on pre-built systems
❑ One partition created with a size less than or equal to two gigabytes(on PASS2,pre-built systems
only)
Server Software
❑ NT Server installation software
❑ UPS software—please indicate make and model of the UPS
❑ PCAnywhere software
Information required from pre-existing networks
❑ Server's assigned IP address
❑ Gateway address(if applicable)
❑ Administrative password
ci Notification of the existence of a Novell network
Workstation Hardware
❑ Keyboard
❑ Mouse
❑ Power Cable
❑ Administrative Support Modem and cable(if external)
❑ If more than one workstation is being shipped,please label which will be the administrative station
Workstation Software
❑ One copy of the workstation software(DOS or Windows '95)
❑ PCAnywhere software for the administrative workstation
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Hardware Purchase Agreement 08/20/2002
SHIPPING CHECKLIST FOR AIX SERVER BASED NETWORKS
Server Hardware
❑ Display terminal and keyboard(if applicable)
❑ Keyboard
❑ Async-adapter or terminal server
❑ Mouse
❑ Power Cable
❑ Support Modem and cable
❑ Tape backup unit with at least one tape
Server Software
❑ AIX Server installation software
❑ UPS software—please indicate make and model of the UPS
Information required for pre-existing networks
❑ Server's assigned IP address
❑ Gateway address(if applicable)
❑ ROOT password
❑ Notification of the existence of a Novell network
Workstation Hardware
❑ Keyboard
❑ Mouse
❑ Power Cable
❑ Administrative Support Modem and cable(if external)
❑ If more than one workstation is being shipped,please label which will be the administrative station.
Workstation Software
❑ One copy of the workstation operating system software(DOS or Windows '95)
❑ PCAnywhere software for the administrative workstation