HomeMy WebLinkAbout04-1216 Motorola o14.- t alb
Maintenance and Support Agreement
Motorola, Inc., a Delaware corporation, through its Commercial, Government, and Industrial Solutions
Sector, North America Group ("Motorola" or "Seller") or Printrak International Incorporated, a Motorola
company ("Printrak" or "Seller"), having a place of business at 1250 North Tustin Avenue, Anaheim,
California 92807 and the City of Elgin, Illinois, a municipal corporation ("Customer"), enter into this
Maintenance and Support Agreement ("Agreement"), pursuant to which Customer will purchase and
Seller will sell the maintenance and support services as described below and in the attached exhibits.
Seller and Customer may be referred to individually as"party"and collectively as"parties."
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
sufficiency of which is hereby mutually acknowledged,the parties hereto hereby agree as follows:
Section 1 EXHIBITS
The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this
Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the
Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed
below.
Exhibit A "Description of Covered Products"
Exhibit B "Support Plan"
Exhibit C "Support Plan Options and Pricing Worksheet"
Exhibit D "Billable Rates"
Section 2 DEFINITIONS
"Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate
System Agreement, Products Agreement, or other form of agreement.
"Motorola" means Motorola, Inc.,a Delaware corporation.
"Motorola Software" means Software that Motorola or Printrak owns. The term includes Product
Releases, Standard Releases,and Supplemental Releases.
"Non-Motorola Software" means Software that a party other than Motorola or Printrak owns.
"Optional Technical Support Services" means fee-based technical support services that are not covered
as part of the standard Technical Support Services.
"Patch"means a specific change to the Software that does not require a Release.
"Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that
maintenance and support services will be provided under this Agreement. The PPM selected by
Customer is indicated in the Support Plan Options and Pricing Worksheet.
"Printrak"means Printrak International Incorporated, a Motorola company.
"Products" means the Equipment (if applicable as indicated in the Description of Covered Products) and
Software provided by Seller.
"Releases" means an Update or Upgrade to the Motorola Software and are characterized as
"Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is
defined as a minor release of Motorola Software that contains primarily error corrections to an existing
M&SA Page 1 ver.04.19.04
Standard Release and may contain limited improvements that do not affect the overall structure of the
Motorola Software. Depending on Customer's specific configuration, a Supplemental Release might not
be applicable. Supplemental Releases are identified by the third digit of the three-digit release number,
shown here as underlined: "1.2.3". A "Standard Release" is defined as a major release of Motorola
Software that contains product enhancements and improvements, such as new databases, modifications
to databases, or new servers. A Standard Release may involve file and database conversions, System
configuration changes, hardware changes, additional training, on-site installation, and System downtime.
Standard Releases are identified by the second digit of the three-digit release number, shown here as
underlined: "1.2.3". A"Product Release" is defined as a major release of Motorola Software considered
to be the next generation of an existing product or a new product offering. Product Releases are
identified by the first digit of the three-digit release number, shown here as underlined: "1.2.3". If a
question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola's
reasonable opinion will prevail, provided that Motorola treats the Product offering as a new Product or
feature for its end user customers generally.
"Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the
Software to fail to conform to the Specifications.
"Services" means those maintenance and support services described in the Support Plan and provided
under this Agreement.
"Software" means the Motorola Software and Non-Motorola Software that is furnished with the System or
Equipment.
"Specifications" means the design, form, functionality, or performance requirements described in
published descriptions of the Software, and if also applicable, in any modifications to the published
specifications as expressly agreed to in writing by the parties.
"Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m: local time, excluding
established Motorola holidays.
"Standard Business Hour" means a sixty(60) minute period of time within a Standard Business Day(s).
"Start Date" means the date upon which this Agreement begins. The Start Date is specified in the
Support Plan Options and Pricing Worksheet.
"System"means the Products and services provided by Seller as a system as more fully described in the
Technical and Implementation Documents attached as exhibits to a System Agreement between
Customer and Seller(or Motorola).
"Technical Support Services" means the remote telephonic support provided by Seller on a standard and
centralized basis concerning the Products, including diagnostic services and troubleshooting to assist
Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance
concerning the use of the Software (including advising or assisting the Customer in attempting
data/database recovery, database set up, client-server advice), and assistance or advice on installation of
Releases provided under this Agreement.
"Update" means a Supplemental Release or a Standard Release.
"Upgrade"means a Product Release.
Section 3 SCOPE AND TERM OF SERVICES
3.1. In accordance with the provisions of this Agreement and in consideration of the payment by
Customer of the price for the Services, Seller will provide to Customer the Services in accordance with
M&SA Page 2 ver.04.19.04
•
Customer's selections as indicated in the Support Plan Options and Pricing Worksheet, and such
Services will apply only to the Products described in the Description of Covered Products.
3.2. This agreement shall be effective December 1, 2004 and shall terminate November 30, 2005.
3.3. This Agreement covers all copies of the specified Software listed in the Description of Covered
Products that are licensed by Seller to Customer. If the price for Services is based upon a per unit fee,
such price will be calculated on the total number of units of the Software that are licensed to Customer
during the term of this agreement. If, during the term of this agreement, Customer acquires additional
units of the Software that is covered by this Agreement, the price for maintenance and support services
for those additional units will be calculated and added to the total price either (1) upon the termination of
this agreement (2) immediately when Customer acquires the additional units, as Motorola determines.
Setter-may-adjust-the priee e-reeinterne-arid-support se,ices #eetivti-as-of a renewal if it provides
# at least ferty-five-(45)days before the-expiration-of-the-ef at
a,., S lle thi, n
if}aintene f-ne#incu-vcr� 3-1RtE'r1#fen not to fens'::-inrsngfeem@Rt
es-pef einstate this Agr se-w•ithi-Seller's
eensent-preWded-(a)-Gesteffier-poye-te-Selle it-weeld-have-paid-if-Customer-had-kept
this-Agreement-eurrent (b) Customer ensures that-all--applieable-E ipr+merft
eend' ' d (e) all copies of--the-specified-So
8eseriptien-ef-Covered-Producered:
3.4. When Seller performs Services at the location of installed Products, Customer agrees to provide
to Seller, at no charge, a non-hazardous environment for work with shelter, heat, light, and power, and
with full and free access to the covered Products. Customer will provide all information pertaining to the
hardware and software with which the Products are interfacing to enable Seller to perform its obligations
under this Agreement.
3.5. All Customer requests for covered Services will be made initially with the call intake center
identified in the Support Plan Options and Pricing Worksheet.
3.6. Seller will provide to Customer Technical Support Services and Releases as follows:
3.6.1. Seller will provide unlimited Technical Support Services and correction of Residual Errors
during the PPM in accordance with the exhibits. The level of Technical Support depends upon the
Customer's selection as indicated in the Support Plan Options and Pricing Worksheet. Any Technical
Support Services that are performed by Seller outside the contracted PPM and any Residual Error
corrections that are outside the scope shall be billed at the then current hourly rates. Technical Support
Services will be to investigate specifics about the functioning of covered Products to determine whether
there is a defect in the Product and will not be used in lieu of training on the covered Products.
3.6.2. Unless otherwise stated in paragraph 3.6.3 or if the Support Plan Options and
Pricing Worksheet expressly provides to the contrary, Seller will provide to Customer without
additional license fees an available Supplemental or Standard Release after receipt of a request
from Customer, but Customer shall pay for any installation or other services and any necessary
Equipment or third party software provided by Seller in connection with such Supplemental or
Standard Release. Any services will be performed in accordance with a mutually agreed
schedule.
M&SA Page 3 ver.04,19.04
3.6.3. This paragraph applies only if Premier CAD is covered under this Agreement.
After receipt of a request from Customer, Seller will provide to Customer, without charge, an
available Standard Release of Premier CAD and base installation services. Base installation
services are limited to the physical installation of the Standard Release on Customer's Premier
CAD Server and Premier CAD Workstations. Customer must pay for any training or other
services and any necessary Equipment or third party hardware or software provided by Seller in
connection with such Standard Release. Seller's duty as described in this paragraph is
contingent upon Customer's then-current installation at the time of Customer's request being
within two (2) Standard Release versions of the new Standard Release available for general
release. Any services will be performed in accordance with a mutually agreed schedule.
3.6.4. Seller will provide to Customer an available Product Release after receipt of a
request from Customer, but Customer must pay for all additional license fees, any installation or
other services, and any necessary Equipment provided by Seller in connection with such Product
Release. Any services will be performed in accordance with a mutually agreed schedule.
3.6.5. Seller does not warrant that a Release will meet Customer's particular
requirement, operate in the combinations that Customer will select for use, be uninterrupted or
error-free, be backward compatible, or that all errors will be corrected. Full compatibility of a
Release with the capabilities and functions of earlier versions of the Software may not be
technically feasible. If it is technically feasible, services to integrate these capabilities and
functions to the updated or upgraded version of the Software may be purchased at Customer's
request on a time and materials basis at Seller's then current rates for professional services.
3.6.6. Except as provided in Section 3.6.7, Seller's responsibilities under this Agreement
to provide Technical Support Services shall be limited to the current Standard Release plus the
two (2) prior Standard Releases (collectively referred to in this section as "Covered Standard
Releases."). Notwithstanding the preceding sentence, Seller will provide Technical Support
Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the
Covered Standard Releases unless such error has been corrected by a Covered Standard
Release (in which case Customer shall install the Standard Release that fixes the reported error
or terminate this Agreement as to the applicable Software).
3.6.7. Seller's responsibilities under this Agreement to provide Technical Support
Services shall be limited to the current Standard Release concerning the following Software:
Customer Service Request, Case Management, Integration Framework, and Integration
Framework Express.
3.7. The maintenance and support Services described in this Agreement are the only covered
services. Unless Optional Technical Support Services are purchased, these Services specifically
exclude and Seller shall not be responsible for:
3.7.1. Any service work required due to incorrect or faulty operational conditions,
including but not limited to Equipment not connected directly to an electric surge protector, or not
properly maintained in accordance with the manufacturer's guidelines.
3.7.2. The repair or replacement of Products or parts resulting from failure of the
Customer's facilities, Customer's personal property and/or devices connected to the System (or
interconnected to devices)whether or not installed by Seller's representatives.
3.7.3. The repair or replacement of Equipment that has become defective or damaged
due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as
lightning,power surges, or liquids.
3.7.4. Any transmission medium, such as telephone lines, computer networks, or the
worldwide web,or for Equipment malfunction caused by such transmission medium.
3.7.5. Accessories,custom or Special Products; modified units;or modified Software.
3,7.6. The repair or replacement of parts resulting from the tampering by persons
unauthorized by Seller or the failure of the System due to extraordinary uses.
M&SA Page 4 ver.04.19.04
3.7.7. Operation and/or functionality of Customer's personal property, equipment, and/or
peripherals and any application software not provided by Seller.
3.7.8. Services for any replacement of Products or parts directly related to the removal,
relocation, or reinstallation of the System or any System component.
3.7.9. Services to diagnose technical issues caused by the installation of unauthorized
components or misuse of the System.
3.7.10 Services to diagnose malfunctions or inoperability of the Software caused by
changes, additions, enhancements, or modifications in the Customer's platform or in the
Software.
3.7.11 Services to correct errors found to be caused by Customer-supplied data,
machines, or operator failure.
3.7.12. Operational supplies, including but not limited to, printer paper, printer ribbons,
toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the
System; battery replacement for uninterruptible power supply (UPS); office furniture including
chairs or workstations.
3.7.13. Third-party software unless specifically listed on the Description of Covered
Products.
• 3.7.14. Support of any interface(s) beyond Seller-provided port or cable, or any services
that are necessary because third party hardware, software or supplies fail to conform to the
specifications concerning the Products.
3.7.15. Services related to customer's failure to back up its data or failure to use an UPS
system to protect against power interruptions.
3.7.16. Any design consultation such as, but not limited to, configuration analysis,
consultation with Customer's third-party provider(s), and System analysis for modifications or
Upgrades or Updates which are not directly related to a Residual Error report.
3.8. The Customer hereby agrees to:
3.8.1. Maintain any and all electrical and physical environments in accordance with the System
manufacturer's specifications.
3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per
Seller's recommended backup procedures.
3.8.3. Ensure System accessibility,which includes physical access to buildings as well as remote
electronic access. Remote access can be stipulated and scheduled with customer; however, remote
access is required and will not be substituted with on-site visits if access is not allowed or available.
3.8.4. Appoint one or more qualified employees to perform System Administration duties,
including acting as a primary point of contact to Seller's Customer Support organization for reporting and
verifying problems, and performing System backup. At least one member of the System Administrators
group should have completed Seller's End-User training and System Administrator training (if available).
The combined skills of this System Administrators group should include proficiency with:the Products,the
system platform upon which the Products operate, the operating system, database administration,
network capabilities such as backing up, updating, adding, and deleting System and user information, and
the client, server and stand alone personal computer hardware. The System Administrator shall follow
the Residual Error reporting process described herein and make all reasonable efforts to duplicate and
verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to
use reasonable efforts to ensure that all problems are reported and verified by the System Administrator
before reporting them to Seller. Customer shall assist Seller in determining that errors are not the product
of the operation of an external system, data links between system, or network administration issues. If a
M&SA Page 5 ver.04.19.04
Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer
Support Center by telephone, but the System Administrator must follow up with Seller's Customer
Support as soon as practical thereafter.
3.9. In performing repairs under this Agreement, Seller may use parts that are not newly
manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller
shall become Seller's property.
3.10 Customer shall permit and cooperate with Seller so that Seller may periodically conduct audits of
Customer's records and operations pertinent to the Services, Products, and usage of application and data
base management software. If the results of any such audit indicate that price has been understated,
Seller may correct the price and immediately invoice Customer for the difference (as well as any unpaid
but owing license fees). Seller will limit the number of audits to no more than one (1) per year except
Seller may conduct quarterly audits if a prior audit indicated the price had been understated.
3.11. If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies
hardware or software that interfaces with the covered Products, Seller will have the right to adjust the
price for the Services to the appropriate current price for the new configuration.
3.12 Customer shall not to attempt or apply any update(s), alteration(s), or change(s) to the database
software without the prior approval of the Seller.
Section 4. RIGHT TO SUBCONTRACT AND ASSIGN
Seller may assign its rights and obligations under this Agreement and may subcontract any portion of
Seller's performance called for by this Agreement.
Section 5. PRICING, PAYMENT AND TERMS
5.1 Prices in United States dollars are shown in the Support Plan Options and Pricing Worksheet.
Unless this exhibit expressly provides to the contrary,the price is payable annually in advance. Seller will
provide to Customer an invoice, and Customer will make payments to Seller within twenty (20) days after
the date of each invoice. During the term of this Agreement, Customer will make payments when due in
the form of a check, cashier's check, or wire transfer drawn on a United States financial institution.
5.2. Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless
such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum
allowable rate.
5.3 if Customer requests, Seller may provide services outside the scope of this Agreement or after
the termination or expiration of this Agreement and Customer agrees to pay for those services. These
terms and conditions and the prices in effect at the time such services are rendered will apply to those
services.
5.4 Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or
any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer
shall reimburse Seller upon receipt of proper documentation of such assessments.
Section 6. LIMITATION OF LIABILITY
This limitation of liability provision shall apply notwithstanding any contrary provision in this
Agreement. Except for personal injury or death,Seller's(including any of its affiliated companies)
total liability arising from this Agreement will be limited to the direct damages recoverable under
law, but not to exceed the price of the maintenance and support services being provided for one
(1) year under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES,THEY AGREE THAT SELLER(INCLUDING ANY OF ITS AFFILIATED
M&SA Page 6 ver,04.19.04
COMPANIES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF
USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR
SOFTWARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS
AGREEMENT. This limitation of liability will survive the expiration or termination of this
Agreement. No action for breach of this Agreement or otherwise relating to the transactions
contemplated by this Agreement may be brought more than one (1)year after the accrual of such
cause of action,except for money due upon an open account.
Section 7. DEFAULT/TERMINATION
7.1. If Motorola breaches a material obligation under this Agreement (unless Customer or a Force
Majeure causes such failure of performance), Customer may consider Motorola to be in default. If
Customer asserts a default, it will give Motorola written and detailed notice of the default. Motorola will
have thirty(30) days thereafter either to dispute the assertion or provide a written plan to cure the default
that is acceptable to Customer. If Motorola provides a cure plan, it will begin implementing the cure plan
immediately after receipt of Customer's approval of the plan.
7.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force
Majeure causes such failure of performance); if Customer breaches a material obligation under the
Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to
pay any amount when due under this Agreement, indicates that it is unable to pay any amount when due,
indicates it is unable to pay its debts generally as they become due, files a voluntary petition under
bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under
bankruptcy law, Motorola may consider Customer to be in default. If Motorola asserts a default, it will give
Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to(i)
dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to
cure the default that is acceptable to Motorola. If Customer provides a cure plan, it will begin
implementing the cure plan immediately after receipt of Motorola's approval of the plan.
7.3. If a defaulting party fails to cure the default as provided above in Sections 7.1 or 7.2, unless
otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this
Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of
Section 6 above.
7.4. Upon the expiration or earlier termination of this Agreement, Customer and Seller shall
immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other,
including all copies thereof, which the other Party previously provided to it in furtherance of this
Agreement. Confidential Information shall include: (a) proprietary materials and information regarding
technical plans; (b) any and all other information, of whatever type and in whatever medium including
data, developments, trade secrets and improvements, that is disclosed by Seller to Customer in
connection with this Agreement; (c)all geographic information system, address,telephone, or like records
and data provided by Customer to Seller in connection with this Agreement that is required by law to be
held confidential.
M&SA Page 7 ver.04.19.04
Section 8. GENERAL TERMS AND CONDITIONS
8.1. Notices required under this Agreement to be given by one party to the other must be in writing
and either delivered in person or sent to the address shown below by certified mail, return receipt
requested and postage prepaid (or by a recognized courier service), or by facsimile with correct
answerback received, and shall be effective upon receipt.
Customer: City of Elgin Seller: Printrak, A Motorola Company
Attn: Ed Trob Attn: Contracts Administration Representative
151 Douglas Avenue 1250 North Tustin Avenue
Elgin, IL 60120 Anaheim, California 92807
Fax:714-237-0050
8.2. Neither party will be liable for its non-performance or delayed performance if caused by an event,
circumstance, or act of a third party that is beyond such party's reasonable control.
8.3. Failure or delay by either party to exercise any right or power under this Agreement will not
operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by
the waiving party. An effective waiver of a right or power shall not be construed as either a future or
continuing waiver of that same right or power,or the waiver of any other right or power.
8.4. Customer may not assign any of its rights under this Agreement without Motorola's prior written
consent.
8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding
the covered maintenance and support services and supersedes all prior and concurrent agreements and
understandings, whether written or oral, related to the services performed. Neither this Agreement nor
the Exhibits may not be altered, amended, or modified except by a written agreement signed by
authorized representatives of both parties. Customer agrees to reference this Agreement on all
purchase orders issued in furtherance of this Agreement. Neither party will be bound by any terms
contained in Customer's purchase orders, acknowledgements, or other writings (even if attached to this
Agreement).
8.6. 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 arising out of or in connection with this
agreement shall be in the Circuit Court of Kane County, Illinois.
Section 9. CERTIFICATION DISCLAIMER
Seller specifically disclaims all certifications regarding the manner in which Seller conducts its business or
performs its obligations under this Agreement, unless such certifications have been expressly accepted
and signed by an authorized signatory of Seller.
Section 10. COMPLIANCE WITH APPLICABLE LAWS
The Parties shall at all times comply with all applicable regulations, licenses and orders of their respective
countries relating to or in any way affecting this Agreement and the performance by the Parties of this
Agreement. This agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto.
M&SA Page 8 ver.04.19.04
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and
year first written above.
Motorola, Inc. City of Elgin
By: By: A-2-f-f-'4(-(1-744(,14r----
Name. ohn M. Hiett Name: sqU/1.. /;' i_j)o,t lit-`
Title: MCEI Vice President, Customer Support Title: /1L, /1 74-4.
Date: OCT 4 2004 Date:. t r/// 6 /G l �/
MRSA Page 9 ver.04.19.04
Exhibit A DESCRIPTION OF COVERED PRODUCTS
MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000
CUSTOMER: City of Elgin
The following table lists the Products under maintenance coverage:
Contract 8465—CAD Software/Interfaces
Product Description Node Name Qty
CAD Software CAD Server License—Himalaya S74 Series 2324C 1
GGM Server License—Himalaya S74 Series — 1
First GGM PC License 1
GGM System Admin Kit 1 _
AWW License 50
CAD DSS License Fee 1
Open Query Server License 1
Open Query Client Licenses per License fee 50
ATM Server License 1
ATM Client License Per License Fee 30
AVL Server License 1
Interface Medium MDT _ 1
E9-1-1 1
Spectracom WWVB 1
Radio 1
Zetron 25 2
Zetron 2100 Alpha Numeric 1
ATM/AVL (2 Way) 1
TDD Interface 1
AWW to ProQ&A 17
BI Product
Product Description License# Oty
BI Product BI Query Admin/User 5 Pack P028426-005 1
HP Non-Sto• Series—S stem#51493
Product Description Qty
Hardware
1961-B S7600 PROCESSOR W/1 GB MEMORY 2
3861 SERVERNET-ETHERNET CONTROLLER CARD 2
3880 SERVERNET WIDE AREA NET CONCENTRATOR 1
3886-8 8 LINE AWAN 1
1SD M&SA,Exhibit A Page 10 ver.04.19.04
4619 18 GB 15K RPM DISK DRIVE FOR S-SERIES 12
5142 4MM DAT, DDS-3-DESKTOP NO ACL S-SERIES 1
7280 S76X/86X ENCLOSURE(SINGLE W/BASE) 1
7360 S-SERIES POWER SHELF 1
S7X-IPAQ S-SERIES SYSTEM CONSOLE, IPAQ& FLAT PANEL 2
_ Software
9190 NETBATCH 1
9640 VIEWPOINT 1
SA30 PERFORMANCE MGMT BNDL (HOST 1
SA31V3 PERFORMANCE MGMT BNDL 1
SA57 EX PAN D 1
SBB1 COBOL85 RUNTIME—S-SERIES 1
SD70 TCP/IP LAN PRINT SPOOLER 1
SE17 ENFORM PLUS 1
SM588V1 RSC/MP HOST 1
SM67V1 RSC/MP WIN32 WINDOWS CLIENT 1
SN73 STANDARD S-SERIES OS PACKAGE 1
SR53 PATHWAY WITH TS/MP (PER CPU 1-4) 2
ISD M&SA,Exhibit A Page 2 var,04.02.04
MAINTENANCE AND SUPPORT AGREEMENT NO.002031-000
Exhibit B SUPPORT PLAN
This Support Plan is a Statement of Work that provides a description of the support to be performed.
1. Services Provided. The Services provided are based on the Severity Levels as defined herein.
Each Severity Level defines the actions that will be taken by Seller for Response Time,Target Resolution
Time, and Resolution Procedure for reported errors. Because of the urgency involved, Response Times
for Severity Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by
facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described
below.
9 1 4.4 a ; i;p'3
otal System Failure occurs when the System is elephone Resolve within 24
not functioning and there is no workaround; such onference within 1 ours of initial
-s a Central Server is down or when the workflow hour of initial voice notification
.f an entire agency is not functionin.. notification
2 ritical Failure- Critical process failure occurs elephone Resolve within 7 1
hen a crucial element in the System that does not onference within 3 Standard
•rohibit continuance of basic operations is not Standard Business Business Days of
unctioning and there is usually no suitable work- Hours of initial voice initial notification
round. Note that this may not be applicable to notification
intermittent .roblems.
3 Non-Critical Failure-Non-Critical part or elephone Resolve within
omponent failure occurs when a System onference within 6 180 days in a
omponent is not functioning, but the System is still Standard Business Seller-determined
useable for its intended purpose, or there is a Hours of initial Patch or
reasonable workaround. notification Release.
4 Inconvenience-An inconvenience occurs when elephone 't Seller's
System causes a minor disruption in the way tasks onference within 2 •iscretion, may
-re performed but does not stop workflow. Standard Business be in a future
Days of initial Release.
notification
5 ustomer request for an enhancement to System Determined by If accepted by
unctionality is the responsibility of Seller's Product Seller's Product Seller's Product
Management. Management. Management,a
release date will
.e provided with
fee schedule,
hen
...ro.riate. 1
1.1 Reporting a Problem. Customer shall assign an initial Severity Level for each error reported,
either verbally or in writing, based upon the definitions listed above. Because of the urgency involved,
Severity Level 1 or 2 problems must be reported verbally to the Seller's call intake center. Seller will
notify the Customer if Seller makes any changes in Severity Level (up or down) of any Customer-reported
problem.
1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution within the
appropriate Target Resolution Time and in accordance with the assigned Severity Level when Customer
allows timely access to the System and Seller diagnostics indicate that a Residual Error is present in the
Software. Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on
either Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce,
ISD M&SA,Exhibit B Page 11 vet,04.19.04
Seller may enable a detail error capture/logging process to monitor the System. If Seller is unable to
correct the reported Residual Error within the specified Target Resolution Time, Seller will escalate its
procedure and assign such personnel or designee to correct such Residual Error promptly. Should
Seller, in its sole discretion, determine that such Residual Error is not present in its Release, Seller will
verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being
used in a manner for which it was intended or designed, and (c)the Software is used only with approved
hardware or software. The Target Resolution Time shall not commence until such time as the verification
procedures are completed.
1.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2
Residual Errors. Written status reports on outstanding Residual Errors will be provided to System
Administrator on a monthly basis.
2. Customer Responsibility.
2.1 Customer is responsible for running any installed anti-virus software.
2.2 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for
any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to
verify that a given OS upgrade is appropriate.
3. Seller Responsibility.
3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and
verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application.
Seller will respond to any reported problem as an escalated support call.
3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert
Bulletins;and (c) hardware and firmware updates, as released and if applicable.
3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service
history of site; (b) downtime analysis;and (c)service trend analysis.
3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice
or assistance for Updates.
3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of
compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software
Supplemental or Standard Releases
3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be
investigated and corrected from Seller's facilities. Seller shall decide whether on-site correction of any
Residual Error is required and will take appropriate action.
4. Decision Support System ("DSS") Products. (Applies to Motorola's PremierCAD Software only).
The CAD DSS products are supported on a consultative basis only with annual consultation hours not to
exceed eight (8) hours. Any additional consultation shall be invoiced on a time and material basis at
Seller's then current rates for professional services.
5. Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software
and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state
and/or federally mandated changes, including but not limited to IBR, UCR, ECARS, NCIC and state
interfaces are not part of the covered Services.
ISD M&SA,Exhibit B Page 12 vet.04.19.04
' 1
6. Annual System Performance Review and Report. Seller will prepare the following reports to include:
6.1 (Applies to PremierCAD Software only)
(a) System Analysis MEASURE: Evaluate disk and CPU load
PEEK: Evaluate memory availability and use
VIEW SYS: Evaluate use and availability of PCBs
EMSA/TMDS: Review logs for hardware reports
File Sizing Review file sizing on changeable files
(b) Pathway Analysis Evaluate effectiveness of system configuration for current load
Evaluate TCP/Server statistics
Evaluate efficiency of server class maximum and minimum
settings
(c) Performance TMX Timings: Evaluate application response times
Analysis
6.2 (Applies to Motorolac Computer Aided Dispatch Software installed on Stratus ftServer only)
Update Equipment drivers
Upload Equipment patches, hot fixes and firmware
Evaluate effectiveness of System configuration for current load based
upon overall CPU Utilization
6.3 Based on the Annual System Performance Review and Reports, Seller's Technical Support
Analyst will review findings and recommend software or hardware changes to improve overall operations.
(The below listed terms are applicable only when the Maintenance and Support Agreement includes (a)
Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and
Support Agreement;or(b) CAD HP NonStop S-Series hardware in addition to the Seller CAD Software.)
7. On-site Product Technical Support Services. Seller shall furnish labor and parts required due to
normal wear to restore the Equipment to good operating condition.
7.1 Seller Response. Seller will provide telephone and on-site response to Central Site, defined as the
Customer's primary data processing facility, and Remote Site, defined as any site outside the Central
Site,as shown in Support Plan Options and Pricing Worksheet.
7.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the
PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall
extend a two(2) hour grace period beyond PPM at no charge. Following this grace period, any additional
on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for
professional services.
•
ISD M&SA,Exhibit B Page 13 ver.04,19.04
7.3 CAD HP NonStop S-Series Service Plans
7.3.1 The following HP electronic support tools are available:
Express Notice A proactive email notification of new software
releases, announcements and updates
Scout for NonStop Servers Once registered, users have the ability to perform
interim product modification (IPM)analysis on
NonStop Kernel systems and to download IPMs
electronically.
Total Information Manager(TIM) A CD collection of support documentation shipped
with the initial system.
Knowledgebase for NonStop Support Once registered, users have access to a powerful
(KBNS) search tool offering quick and easy access to
previously answered technical support questions.
7.3.2 HP NonStop K-Series Service Plan:
Premier24 The PPM is 24 hours a day,7 days a week. On-site response time is within four
(4) hours. Includes the following services:
• Holiday coverage—extends the PPM to include national holidays.
• No Fault—adds extra coverage for unexpected environmental changes
such as extreme temperature changes that are not otherwise covered.
Base9 The PPM is 8 a.m.—5 p.m. Monday-Friday, excluding national holidays. On-site
response time is within eight (8) PPM hours.
7.3.3 HP NonStop S-Series Service Plan:
Continuous The PPM is 24 hours a day,7 days a week. On-site response time is
Availability within two (2)hours. Includes on-site coverage for national holidays.
High Availability The PPM is 24 hours a day,7 days a week. On-site response time is
within four(4)hours. Includes on-site coverage for national holidays.
Enhanced Availability The PPM is 8 a.m.—5 p.m. Monday-Friday, excluding national
holidays. On-site response time is next business day.
7.4 Under all CAD HP NonStop Series hardware service plans,coverage will include:
• Perform corrective or scheduled preventive service during the PPM specified in the Plan.
• Log all service requests and furnish telephone and/or on-line diagnostic services from the Seller's
call intake center or the HP Nonstop Support Center (CTNSC) 24 hours per day, 7 days per
week.
ISD M&SA,Exhibit B Page 14 ver.04.19.04
• Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure HP
NonStop Series hardware is operating in accordance with applicable published specifications.
Replacement parts will be new or equivalent of new in performance. Replaced parts will become
the property of HP.
• Install any mandatory Field Change Order(s) required for the safety or proper operation of
maintained HP NonStop Series hardware.
• Assign an HP Customer Engineer and an alternate who will be responsible for providing service.
• Provide on an annual basis (i) equipment inventory of maintained HP NonStop Series hardware;
and (ii) planning meeting to discuss the current Service Plans and Customer's future
requirements.
1SD M&SA,Exhibit B Page 15 ver.04.19.04
•
Exhibit C
SUPPORT PLAN OPTIONS AND PRICING WORKSHEET
Maintenance and Support Agreement# 002031-000 Date 8/23/04
New Term Effective Start 12/1/04 End 11/30/05
CUSTOMER: City of Elgin BILLING AGENCY:
Address(1): 151 Douglas Avenue Address(1):
Address(2): Address(2):
CITY,STATE,ZIP CODE: Elgin,II 60120 CITY,STATE,ZIP CODE:
CONTACT NAME: Ed Trob CONTACT NAME:
CONTACT TITLE CONTACT TITLE
TELEPHONE: (847)289.2770 TELEPHONE:
FAX: FAX:
Email: Email:
For support on products below,please contact ISO Customer Support at(800)734-6241 or email at cscenter@motorola.com.
❑ AFIS System 0 DeskScanT"Station ❑ LiveScantu Station ❑ Omnitrakl"System ❑ Mugshot lnstantlrnageTM
PremierCADT" im CAD HP NonStopT"Series hardware ❑ RMS InfotrakTM ❑ Imagetrakr" ❑ OffendertrakT"
❑ Motorola&Computer Aided Dispatch
❑ Customer Service Request System 0 Case Management System ❑ License PermittingS
❑ Enhancements to Products 0 LEEDS/CAs System
❑ Custom Software
❑ Cityworks
❑ Integration Framework ❑ Integration Framework Express
❑ Premier MDCTM Message Switch 0 Premier MDCTM 0 MDCTM Premier MDC Select
❑ Premier MDCTM Select Message Switch 0 Premier MDCTM Reporting ❑ Premier Handheld
0 TalkThru/RF Plus Message Switch ❑ Premier Handheld Citation ❑ TalkThru/RF Plus
❑ Premier 2Way ❑ AirMobileT" ❑ TxMessengerr"
SOFTWARE SUPPORT ANNUAL FEE HARDWARE SUPPORT ANNUAL FEE
® GOLD/GOLDtrak El HP NonStop Series Premier 24 HIGH $ 28,247
• 24 hours a day,7 days a week PPM • 24 hours a day,7 days a week PPM
• 1 Hour Telephone Response • 4 Hour on-site response
• Supplemental Releases • HP NonStop Series Operating system and application
• Standard Releases Note: Not available for CSR or Cityworks
• Technical Support Services
• CAD $ 57,894
• BI Product $ 1,318
Note:Not available for CSR or Cityworks
SOFTWARE SUPPORT TOTAL $ 59,212 HARDWARE SUPPORT TOTAL $ 28,247
OTHER AVAILABLE OPTIONS ANNUAL FEE
❑ Users Conference Attendance Year Number Attendees Requested $
($2,650 per Attendee)
❑ Consulting Services-8 Hour Blocks(plus travel fees) — $
❑ Other: $
OTHER OPTIONS TOTAL $
Prepared by: Christine Lay, 714-575-2964, c.lay c motorola.cam
FULL TERM FEE GRAND TOTAL* $ 87.459
*Exclusive of taxes if applicable
Note: Sales Contract 8465
ISO M&SA,Exhibit D Page 17 ver.04.19.04
Exhibit D
CURRENT BILLABLE RATES
MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000
CUSTOMER: City of Elgin
The following are Printrak's current billable rates, subject to an annual change.
COVERAGE HOURS(PPM) BILLABLE RATES
(Outside the scope of a current
Maintenance and Support Agreement)
8 a.m.-5 p.m. M-F(local time) $160 per hour,2 hours minimum
After 5 p.m., Saturday, Sunday, Printrak Holidays $240 per hour,2 hours minimum
COVERAGE HOURS(PPM) BILLABLE RATES
(WITHOUT AN AGREEMENT)
8 a.m.-5 p.m. M-F(local time) $320 per hour, 2 hours minimum
After 5 p.m., Saturday, Sunday, Printrak Holidays $480 per hour,2 hours minimum
ISD M&SA,Exhibit D Page 18 ver.04.19.04