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HomeMy WebLinkAbout88-0525 Computer Management s8-d5a5 rE — MKS = r—MIMIMI MI COMPUTER BUSINESS MANAGEMENT, INC. STANDARD FORM CONSULTING CONTRACT z5T4 o.�o • m G THIS AGREEMENT is made thisn d e rp ' , 1988 between City of Elgin ("Client" ) and COMPUTER BUSINESS MANAGEMENT, INC. ( "Consultant" ) . IN CONSIDERATION of the mutual promises of the parties and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Services. Consultant agrees to perform for Client the services listed in the Scope of Services section in Exhibit A, attached hereto and made a part hereof and executed by both Client and Consultant. Such services are hereinafter referred to as "Services" . Client agrees that consultant shall have ready access to client's staff and resources as necessary to perform the Consultant's services provided for by this contract. 2 . Rate of Payment for Services. Client agrees to pay Consultant for Services in accordance with the schedule contained in Exhibit B attached hereto and made a part hereof and executed by both Client and Consultant. 3 . Reimbursement for Expenses. Consultant shall be reimbursed by Client for all reasonable expenses incurred by Consultant in the performance of Services, including, but not limited to, travel expenses of Consultant and Consultant's staff, long distance telephone calls, computer time, and supplies. 4 . Invoicing. Client shall pay the amounts agreed to hereinupon receipt of invoices which shall be sent by consultant, and client shall pay the amount of such invoices to Consultant within the time specified on such invoices. 5. Confidential Information. Each party hereto ("Such Party" ) shall hold in trust for the other party hereto ( "Such other Party" ) , and shall not disclose to any nonparty to this Agreement, any confidential information of Such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer design and programming. 6. Staff. Neither Consultant nor Consultant's staff is or shall be deemed to be employees of Client. The parties agree that, during the term of this Agreement, and for a period of six (6) months following the termination of this Agreement, neither party will, except with the other party's prior written approval, solicit or offer employment to the other party's employees or staff engaged in any efforts under this Agreement. 7 . Use of Work Product. Consultant and Client agree that Client shall have exclusive ownership of the deliverable products described in Exhibit A attached hereto and made part hereof, and the ideas embodied therein. 8. Client Representative. The following individual(s) Ms. Carol Schambach - Data Processing Supervisor shall represent the client during the performance of this contract with respect to the services and deliverables as defined herein and has authority to execute written modifications or additions to this contract as defined in Section 13 . LIMITED WARRANTY 9. Liability. Consultant warrants to Client that the material, analysis, data, programs and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. Special requirements for formats or standards to be followed shall be attached hereto as an additional Exhibit and shall be executed by both Client and Consultant. CONSULTANT MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY. In no event shall Consultant be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Consultant in advance or could have been reasonably forseen by Consultant, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to client shall be limited to One Hundred dollars ($100. 00) as liquidated damages and not as penalty. 10. Complete Agreement. This agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Consultant by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. 11. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in Exhibit A. This Agreement shall be construed in accordance with the laws of the state indicated by the consultant's address (14ii) . 12 . Scope of Agreement. If the scope of any of the provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law. 13 . Additional Work. After receipt of an order which adds to the Services described in Exhibit A attached hereto, Consultant may, at its option and without the prior written or oral consent of Client, take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay and reimburse Consultant for such additional services and expenditures in accordance with the terms of Paragraph 3 and 4 above and Exhibit B attached hereto. 14 . Notices. (i) Notices to Client should be sent to: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 (ii) Notices to Consultant should be sent to: Computer Business Management, Inc. 2 Crossroads of Commerce Suite 330 Rolling Meadows, IL 60008 15. Assignment. This Agreement may not be assigned by either party without the prior written consent to the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and insure to the benefit of the heirs, successors and assigns of the parties hereto. 16. In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first above written. / 7-1/ / C • � Clie ( Computer Business Management, Inc. �•s By:Bernard C. Corr - President Name and Ti le AMR NM& S - - NW—V —M Ell --=VIEll - NOM W I. I COMPUTER BUSLN'ESS MANIAGEMENTT, INC. Exhibit A SERVICES PROVIDED The Services to be performed will include RPG III and CL programming on the IBM System/38. CBMI consultants will perform on a best effort basis under client supervision. Termination of this assignment will be preceeded by two weeks written notice from client to CBMI. Consultant is available for this assignment on May 9th, 1988 . CONSULTANT: Jacolyn Fahse - Staff Consultant Exhibit B BILLING RATE & A/R TERMS The Rate of pay for services rendered will be billed weekly at a rate of $45. 00 per hour. Account Receivable terms are 2% 10 Net 15 Days. Accepted by: 4,,-3,13 Date: S - City of Elgin MEM_ MR - MI 11MV-vmi o a_r—-Ts - COMPUTER BUSINESS MANAGEMENT; INC. PROPOSAL FOR SERVICE Client: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Client Contact: Carol Schambach Data Processing Supervisor Proposal Date: April 22nd, 1988 Type of Service: IBM System/38 Consulting Overview: Provide a Sr. Staff Consultant for approximately 400 hours of design and programming work. Consultant: Jacolyn Fahse Consultant will work exclusively on this project 40 hours per week. Rate: $45. 00/HR Terms: Billed weekly; 2% 10 Net 15 Days 3‘ Proposal Expires: May , 1988 All! MOM MIL AMMI "" __ t Computer Business Management, Inc. � VmS Data Processing Professionals MT Or ELGIN M (W6AL ! eIlihI 1st: 1 #? 710 East Remington • Schaumburg, IL 60173 • 312/882-8980 • /Mb Mink MI ME NM E E Computer Business Management, Inc. min mew miW■ - Data Processing Professionals QUOTATION TO: City of Elgin December 1st, 1987 Elgin, IL ATTN: Ms . Carol Schambach Computer System: IBM System/38 Project Description: Modify Custom RPG III code under client 's Supervision. The application to be modified is the Menu Driver. Fast path and parameters should be added to all existing programs. CBMI Consultant: David Silva - Account Manager. 7 years of IBM System/38 experience. Consultant is available as of 12/7/87 . Billing Rate: $48 .00 per billable hour. A/R Terms : 2% 10, Net 15 Days Estimated Duration: 200 Hours Comments: Consultant would be available to work a minimum of 30 hours per week. If the project requires additional time in a given week, consultant will work 40 hours that week. Acc pted by: Date: Z;4/1 1242 ( /Y.7 Title: Project Start Date: c; laa4)f) 710 East Remington • Schaumburg, IL 60173 • 312/882-8980 • CONSULTANT FACT SHEET David Silva HARDWARE IBM System 38 - Since 1981 IBM System/3 - 1979-1981 IBM 370/125 - 1979-1980 APPLICATIONS Order Entry & Billing Marketing Accounts Receivable Accounts Payable General Ledger Fixed Assets Job Costing Warranty Registration/Claims Estimating Payroll Labor Reporting Human Resources Direct Mail Manufacturing INDUSTRY Petrochemical Manufacturer Chemical Manufacturer General Contractor Direct Mail Service Bureau Software Sales ' Manufacturing Companies PACKAGE SOFTWARE P C R - RMS/38 Distribution and Manufacturing. Modified & enhanced Rel . 6.06/7.0 SOFTWARE 2000 '- Payroll & Human Resources. Installed, light modification. User training. MRM PACS/38 - Manufacturing system originally designed to run on Wang system. Extensive mods and redesign work. LIFE D/B - COBOL System for the System/38. Extensive redesign and programming. MAPICS - Modified & enhanced S/38 MAPICS. ADDITIONAL EXPERIENCE RJE on System/38 to an IBM Mainframe. Set up communication requirements for both systems. Performance Tuning PC Networking CONVERSIONS IBM Mainframe to IBM System 38 WANG system to IBM System 38 BURROUGHS to IBM System 38 LANGUAGES RPG III , RPG II, S/38 COBOL, BASIC, ASSEMBLER MANAGEMENTTHE SUMMIT GROUP CONSULTANTS 1917 MARTINGALE ROAD WHEATON, ILLINOIS 60187 (312) 665-9108 November 24, 1987 Mr. James H. Bolerjack, Jr. Finance Director City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mr. Bolerjack: Please consider this our proposal to license PRISM Investment Software to the City of Elgin, Illinois. The issues of cost, the product and other services are discussed. COST The PRISM II version 2.1 software system for the IBM or compatible personal computer (including the IBM personal system/2) costs $4,500.00. This price includes maintenance and technical support. THE PRODUCT PRISM is a complete double-entry cash management system that meets all GAAFR, GFOA and legislative guidelines for investment control. PRISM accounts for any fixed income investment with complete integrity even when the investment is spread across 100 funds. PRISM is more than a powerful desk-top investment accounting system. PRISM is a comprehensive investment analysis system that actually analyzes the yield curve, calculates the optimal investment instrument and maturity and generates portfolio strategies using "what if' simulations. PRISM calculates the optimal investment (PRISM INVESTMENTS), monitors the investment (PRISM WHAT IF...) and reports the investment (PRISM REPORTING). .. Page 2 A complete description of PRISM INVESTMENTS, REPORTING and WHAT IF... may be found in the enclosed folder. OTHER SERVICES In order for PRISM to accurately analyze the yield curve, 13 fixed income investment rates must be posted to the system on a daily basis. You may post the rates yourself or subscribe to a weekly service where a disk containing Dow Jones rates is received each week. The cost is $30.00 per month. This is an optional service. Thank you for your interest in PRISM Investment Software. We look forward to working with such a progressive city. If I can be of further assistance please do not hesitate to contact me. Sincerely, /4/f William A. Crist Principal Enclosures Iita �`� • Purchase 'hill ,e_-_....,.. Agreement 3020 Woodcreek Drive • Downers Grove, Illinois 60515 PT 1039 Purchase Agreement between Data Exchange, Inc. (the Cd - + �� "Purchaser") of 3020 Woodcreek Drive, Downers Grove, Illinois 60515 and the Seller as listed below: CITY OF ELGIN The SELLER agrees to sell and the PURCHASER agrees to Name of Seller purchase the machine and features listed below[hereinafter 150 DEXTER COURT referred to individually and collectively as the"Machine(s)"]: Street Address ELGIN IL 60120 City, State and Zip Code SCHEDULE OF ITEMS Item Model/ Item Oty. Type Feature Description Serial Number 1 5415 D26 512 PROCESSING UNIT 42463 1 3340 A2 DISK AND CONTROL UNIT 24653 1 3344 B2 DISK DRIVES (559 MB) 81156 1 3277 1 DATA STATION 1 1403 N1 1100 LPM PRINTER 30020 1 5421 1 PRINTER CONTROL UNIT 10050 1 3411 3 MAG TAPE CTRL UNIT 80KB 50487 1 3741 1 DATA STATION 28463 1 3288 2 PRINTER (120 LPM) 61189 1 3284 2 PRINTER 1920 CH. 22 1377 4 MEMOREX DISPLAY STATION 75483 75481 NOTE: SUBJECT TO TERMS 90230 46861 IN ATTATCHED LETTER. 75482 75484 88950 50017 88838 75345 51658 87380 74799 90723 74899 76951 45924 46184 87623 77117 77116 77270 1. PURCHASE PRICE:The purchase price of the Machine(s) is$ 3 r 000. 00 Should IBM have a price reduction on any of the above Machine(s),prior to availability to PURCHASER,the ratio between the present purchase price and IBM's present list price would be used to determine a new purchase price in relation to IBM's lowered list price. PURCHASER agrees to pay amount to SELLER as follows: PAYMENT ON AVAILABILITY 2. DELIVERY: SELLER shall prepare the Machine(s) for shipping, using the manufacturer's standard asking materials and will deliver the Machine(s)to its loading dock at its address shown above, unless a different address shown here. PURCHASER will be responsiblefor��n8sportation of the Machine(s)from the SELLER'S loading dock on a date to be mutually agreed upon, such date to be no later than 77 Unless otherwise noted, all Machine(s) purchased shall be at the same location. Irrespective of any other provision hereof,SELLER shall bear the risk of damage from fire,the elements or otherwise until the full payment of the purchase price is received by SELLER. 3. CLOSING DATE:The Closing Date shall take place on ACCEPTANCE 4. AVAILABILITY OF EQUIPMENT: SELLER warrants that the Machine(s) will be available for delivery to PURCHASER on or before 4/2/8 7 and shall pay PURCHASER liquidated damages caused by late deliveryof N/A per day thereafter not to exceed a maximum of N/A In addition, SELLER agrees that if it shall fail to make delivery on or before 4/ /87 then PURCHASER shall have the right to elect to terminate this Agreement whereupon SELLER shall refund all payments which it has received from PURCHASER plus pay the aforesaid liquidated damages up to the date of termination. • 5. MAINTENANCE: SELLER warrants that the Machine(s)will be at 8. TAXES:PURCHASER warrants that it is in the business of buying current engineering change levels at the time of delivery.Promptly and selling computer equipment and that the purchase of the after delivery SELLER will provide PURCHASER with a letter from Machine(s)is for the purpose of resale only.Any personal properly the manufacturer stating that the Machine(s) is at currently taxes due in connection with the Machine(s) for the tax period announced engineering change levels and is qualified for the during which delivery occurs shall be prorated;PURCHASER shall manufacturer's maintenance agreement.SELLER,in addition to the be responsible only for the prorata portion attributable to that foregoing,warrants that no Machine(s)modifications have been or portion of the tax period after the date of delivery, and SELLER will be performed subsequent to placement of the Machine(s)under shall be responsible for that prorata portion attributable to the time manufacturer's maintenance without prior notification to the manu- period before delivery. facturer of the intent to make such modification and to replace and continue said Machine(s) under the manufacturer's maintenance. 9. NOTICES:Any notice provided for herein shall be in writing and sent by registered or certified mail,postage prepaid,addressed to 6. TITLE: Title to the Machine(s) will be free and clear of all liens, the party for which it is intended at the address setforth in the first claims and encumbrances of any kind and shall vest in PURCHASER paragraph of this Agreement or to such other address as either upon complete payment of the purchase price required to be paid party shall from time to time indicate in writing, said notice to be pursuant to paragraph 1 hereof. SELLER shall indemnify PUR- deemed to be effective upon receipt or three days from the date of CHASER against all claims and costs incurred in the defense of title mailing,whichever occurs first. to the Machine(s) and/or removal of any liens, claims or encum- brances against the Machine(s). 10. GENERAL: A. This constitutes the entire Agreement between SELLER and 7. CONDITION OF EQUIPMENT: PURCHASER, or its agent, shall PURCHASER with respect to the purchase and sale of the have the right to inspect the Machine(s)up to the date of delivery for Machine(s) and no representation or statement not contained general appearance,and operating condition,and also to inspect herein shall be binding upon SELLER or PURCHASER as a the Machine(s)'s log book. SELLER warrants that the Machine(s), warranty or otherwise unless in writing and executed by the and each item thereof,shall be in good physical condition as of the party to be bound thereby. time of delivery.SELLER warrants and agrees to maintain or cause B. This Agreement shall be binding upon and inure to the benefit of the Machine(s) to be maintained hereafter so that no excessive the parties hereto and their respective successors and assigns. deterioration or use other than normal wear and tear shall occur C. This Agreement shall be governed by and construed in accord- before delivery of the Machine(s),or, if such deterioration or use ance with the laws of the State of Illinois including all matters of shall occur,SELLER shall use its best efforts to correct or cause said construction,validity, performance and enforcement. excessive deterioration or use to be corrected to assure the accept- D. This Agreement is subject to acceptance by PURCHASER at its able appearance and condition of the Machine(s)as of the time of offices in Downers Grove,Illinois,and shall become effective on the delivery of the Machine(s).If SELLER breaches any of the fore- the date thereof. going warranties,or any part thereof,the PURCHASER may remedy E. This Agreement may be executed in multiple counterparts,each the breach,and SELLER agrees to pay the PURCHASER the cost of which shall be deemed to be an original and of equal force thereof. At the time of delivery, Machine(s) will have all logic and effect. manuals,cables,connectors,shields,kick-plates,covers,I.R.books F. This offer to purchase shall become voidable at PURCHASER'S and any other accessories which were originally supplied by the option after the following date 4/2/87 unless manufacturer(Known as"The Shipping Group").SELLER shall be the PURCHASER shall have received by such a date the Agree- liable for the replacement costs of any such items from The Shipping ments thereof executed by an authorized representative of the Group if missing at time of delivery. SELLER. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed and do each hereby warrant and represent that their respective signatories whose signatures appear below have been and are on the date of the Agreement duly authorized by all necessary and appropriate corporate action to execute this Agreement. ACCEPTED BY: ACCEPTED BY: CITY OF ELGIN Data Exchange, Incorporated(PURCHASER) (SELLER) By By Title Date Title Date DE Rev. 12/86 'Bata exchange__ DATA EXCHANGE COPY of Sale 3020 Woodcreek Drive • Downers Grove, Illinois 60515 PT 1039 `&Lessors AA -ano, Know All Men By These Presents that: Pursuant to a Purchase Agreement,dated FEBRUARY 24 19 87 between Data Exchange,Inc., herein called PURCHASER and CITY OF ELGIN herein called SELLER,and in consideration of the amounts paid by PURCHASER to SELLER pursuant hereto, receipt of which is hereby acknowledged,and in further consideration of the covenants and agreements of PURCHASER therein set forth, SELLER hereby grants, bargains, sells, sets over, assigns, transfers, delivers and conveys to PURCHASER the item(s) listed below: SCHEDULE OF ITEMS Item Model/ Item Qty. Type Feature Description Serial Number 1 5415 D26 512 PROCESSING UNIT 42463 1 3340 A2 DISK AND CONTROL UNIT 24653 1 3344 B2 DISK DRIVES (559 MB) 81156 1 3277 1 DATA STATION 1 1403 N1 1100 LPM PRINTER 30020 1 5421 1 PRINTER CONTROL UNIT 10050 1 3411 3 MAG TAPE CTRL UNIT 80KB 50487 1 3741 1 DATA STATION 28463 1 3288 2 PRINTER (120 LPM) 61189 1 3284 2 PRINTER 1920 CH. 22 1377 4 MEMOREX DISPLAY STATION 75483 75481 NOTE: SUBJECT TO TERMS 90230 46861 IN ATTATCHED LETTER. 75482 75484 88950 50017 88838 75345 51658 87380 74799 90723 74899 76951 45924 46184 87623 77117 77116 77270 TO HAVE AND TO HOLD the same unto PURCHASER, its successors and assigns forever;and SELLER, its successors and assigns, warrants, covenants, and agrees to and with PURCHASER, its successors and assigns, that SELLER by the execution hereof has transferred and conveyed to PURCHASER good and merchantable title to each of the aforesaid items of equipment free and clear of all adverse claims, liens, security interests and encumbrances and that SELLER has the corporate power and all necessary authority to transfer and convey each of the aforesaid items of equipment to PURCHASER;and SELLER covenants and agrees to warrant and defend the same against any and all lawful claims and demands whatsoever. IN WITNESS WHEREOF,SELLER has caused this instrument to be executed on 19 Seller: CITY OF ELGIN By Attest Title DE Rev.12/86 VI/ REQUEST FOR LEGAL X' OPINION DOCUMENT X OTHER TO: Erwin W. Jentsch, Corporation Counsel FROM: �.J.q M E S I.20 cfr-te .7`Acif DATE: 81i y/gc REQUESTED RESPONSE DATE: GENERAL SUBJECT: 4*i Pa r i 2 Co ✓� •., L 7-14-4_, 3- G 1,4,770 cr Description of request, including all relevant information (attach additional sheets or exhibits as necessary)it /' r A..cu-- 141_, I �LQi a. ..soz_ L., 7-,d 4) .74 tit- RECEIVED: ROUTE TO: RESPONSE DUE: ALAN M. WENDLAND&ASSOC., LTD. STANDARD FORM CONSULTING CONTRACT THIS AGREEMENT is made as of July 8 19 85 between City of Elgin ("Client") and ALAN M. WENDLAND & ASSOC. , LTD. ("Consultant") In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement,the provisions of such attachments shall govern. 1. Services. Consultant agrees to perform for Client the services listed in the Scope of Services section in Exhibit A, attached hereto and executed by both Client and Consultant. Such services are hereinafter referred to as"Services". Client agrees that consultant shall have ready access to client's staff and resources as necessary to perform the Consultant's services provided for by this contract. 2. Rate of Payment for Services. Client agrees to pay Consultant for Services in accordance with the schedule contained in Exhibit B attached hereto and executed by both Client and Consultant. 3. Reimbursement for Expenses. Consultant shall be reimbursed by Client for all reasonable expenses incurred by Consultant in the performance of Services,including,but not limited to,travel expenses of Consultant and Consultant's staff, long distance telephone calls,computer time,and supplies. 4. Invoicing. Client shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by,and client shall pay the amount of such invoices to Consultant. 5. Confidential Information. Each party hereto("Such Party")shall hold in trust for the other party hereto ("Such Other Party"), and shall not disclose to any nonparty to the Agreement, any confidential information of Such Other Party.Confidential information is information which relates to Such Other Party's research,development,trade secrets or business affairs,but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer design and programming. 6. Staff. Neither Consultant nor Consultant's staff is or shall be deemed to be employees of Client. Consultant shall take appropriate measures to insure that its staff who perform Services are competent to do so and that they do not breach Section 5 hereof. Each of the parties hereto agrees that,while performing Services under this Agreement,and for a period of six(6) months following the termination of this Agreement,neither party will,except with the other party's prior written approval,solicit or offer employment to the other party's employees or staff engaged in any efforts under this Agreement. 7._,' Use of Work Product. Consultant and Client agree that Client shall have nonexclusive ownership of the deliverable products described in Exhibit A 8. Client Representative. The following individual Carol Schambach shall represent the client during the perfor- mance of this contract with respect to the services and deliverables as defined herein and has authority to execute written modifications or additions to this contract as defined in section 13. LIMITED WARRANTY 9. Liability. Consultant warrants to Client that the material,analysis,data,programs and services to be delivered or rendered hereunder,will be of the kind and quality designated and will be performed by qualified personnel. Special requirements for format or standards to be followed shall be attached as an additional Exhibit and executed by both Client and Consultant. Consultant makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose or merchantability. In no event shall Consultant be liable for special or consequential damages, either in contract or tort,whether or not the possibility of such damages has been disclosed to Consultant in advance or could have been reasonably forseen by Consultant, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in forseeing possible damages all liability to client shall be limited to One Hundred dollars($100.00) as liquidated damages and not as penalty. SF-80 • 10. Complete Agreement. This agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations,warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Consultant by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. 11. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in Exhibit A.This Agreement shall be construed in accordance with the laws of the State indicated by the consultant's address (14 ii). 12. Scope of Agreement. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law. 13. Additional Work. After receipt of an order which adds to the Services, Consultant may, at its discretion,take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay and reimburse Consultant for such action and expenditure as set forth in Exhibit B of this Agreement for payments and reimbursements related to Services. 14. Notices. (i) Notices to Client should be sent to: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Attn. C. Schambach (ii) Notices to Consultant should be sent to: Alan M. Wendland & Assoc. , LTD. 188 Cardinal Dr. Bloomingdale, IL 60108 Attn. A. Wendland 15. Assignment. This Agreement may not be assigned by either party without the prior written con- sent of the other party. Except for the prohibition on assignment contained in the preceeding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first above written. Client Consultant type Name and Title CONTRACT - ADDENDUM 7. Use of Work Product. Consultant and Client agree that Client shall have exclusive ownership of the written deliverable products and all copies thereof developed as a result of this contract. EXHIBIT A DESIRED SERVICES The City of Elgin is seeking to contract with a qualified consulting firm to provide an experienced IBM System/38 analyst/programmer to aid in the conversion of our current IBM System 3/I5D to an IBM System/38. The total number of hours needed are not known at this time, but we are looking for a person to work five days per week for the first two months, after which time we will reduce the number of days per week to two or three, depending on the status of the conversion at that time. We look to bring this person on board July 29th or August 5th. CONDITIONS - Consultant must be willing, and have the ability, to teach others of programming and operational techniques. - Consultant must be a team player. - A timesheet with an accounting of jobs performed will be the basis for payments. - The City of Elgin will have the option of requesting a more suitable consultant, should the need arise. - The City of Elgin will have the option of terminating this contract at any time, upon two weeks written notice to the consulting firm. - The City of Elgin will not be responsible for any charges, other than the hourly rate for hours worked, unless prior written approval is given by the City. - The City of Elgin has the option of interviewing the consultant who will be assigned to the City before the consultant is accepted. EXHIBIT B The rate of pay for services rendered will be billed at the rate of $45.00 per hour. The duration of this contract will not exceed 800 hours without the approval of the Elgin City Council. I BUSINESS Oqt SYSTEMS IVISION ACCOUNTING LEASE AND MAINTENANCE 3015 DAIMLER STREET, SANTA ANA, CALIFORNIA 92705 AGREEMENT CUSTOMER NAME AND ADDRESS INSTALLATION ORDER NO. CITY OF ELGIN SERVICE AGREEMENT NO. 115 Dexter Elgin, Illinois 60120 CUSTOMER NUMBER 8$NEW AGREEMENT ❑RENEWAL The term of this agreement is 48 months. If the box designated "New Agreement" is checked, the term shall commence on the date the equipment is accepted by the lessee. If the box designated "Renewal"is checked,the term shall commence on: EQUIPMENT INFORMATION — LEASE QUANTITY DESCRIPTION OF EQUIPMENT LEASED MONTHLY AVAILABILITY CHARGE 1 5415 D19 Processing Unit 96K $2,372 1 4601 LDA Incl. 1 5733 PUE Incl. 1 4602 Device Interface Incl. 1 4100 MFCU Attachment Incl. 1 5315 Memory (32K) 65 1 3643 A2 Disc Drives (100 MB) 544 1 MRX 550 Printer 420 1 3277 1 Console Keyboard , 81 SEE NEXT PAGE (Page 1 of 2) TOTAL EQUIPMENT INFORMATION — MAINTENANCE DESCRIPTION PROD SERIAL MONTHLY MONTHw• TOTAL CODE NUMBER MAINT.CHARGE MAINT SURCHARGE MAINTENANCE CHARGE TOTAL MILES FROM INSTALLATION SITE TO SERVICE OFFICE: •SURCHARGE DETAILS AND NOTES: SERVICE ZONE: SERVICE HOURS: OFFER AND ACCEPTANCE This Proposal and Agreement is subject to the terms and conditions outlined above and on the reverse side hereof. ACCEPTED BY: • ACCEPTED BY: UVLI AdC)IR) BUSINESS SYSTEMS DIVISION GVfTOMtR .VRGMA.i ORDIR NO. BY DATE BY DATE TITLE: TITLE: \y/ I 0 BUSINESS SYSTEMS DIVISION ACCOUNTING LEASE AND MAINTENANCE 3015 DAIMLER STREET, SANTA ANA, CALIFORNIA 92705 AGREEMENT CUSTOMER NAME AND ADDRESS INSTALLATION ORDER NO. CITY OF ELGIN SERVICE AGREEMENT NO. 115 Dexter E lgin; Illinois 60120 CUSTOMER NUMBER MEW AGREEMENT O RENEWAL The term of this agreement is 48 months. If the box designated "New Agreement" is checked, the term shall commence on the date the equipment is accepted by the lessee. If the box designated "Renewal"is checked,the term shall commence on: EQUIPMENT INFORMATION — LEASE ppANT1TY DESCRIPTION OF EQUIPMENT LEASED MONTHLY AVAILABILITY CHARGE 1 5424 Al MFCU $ 112 3 1377 4 Display Stations 150 2 4691 Typewriter Keyboard and 10 Key 36 1 4631 Data Entry Keyboard 5 Page 2 of 2 TOTAL $3,785 EQUIPMENT INFORMATION — MAINTENANCE DESCRIPTION PROD. SERIAL MONTHLY MONTHLY• TOTAL CODE NUMBER MAINT.CHARGE MAINT.SURCHARGE MAINTENANCE CHARGE 5315 Memory (32K) $ 25 $ 25 3643 A2 Disc Drives (100 MB) 101 101 MRX 550 Printer 130 130 1377 4 Display Stations (3) 30 30 4691 Typewriter Keyboard and 10 Key 14 14 4631 Data Entry Keyboard 5 5 TOTAL $305 MILES FROM INSTALLATION SITE TO SERVICE OFFICE: 15 `SURCHARGE DETAILS AND NOTES: SERVICE ZONE: A SERVICE HOURS: 8 am to 5 pm Mondays through Fridays OFFER AND ACCEPTANCE This Proposal and Agreement is subject to the terms and conditions outlined above and on the reverse side hereof. ACCEPTED BY: ACCEPTED BY: iJVIJEMOOEK BUSINESS SYSTEMS DIVISION CITYcOF0 ELGIN PURCHASE ORDER NO. BY DATE BY DATE TITLE: TITLE: • . Memorex Corporation 335 Eisenhower Lane South Lombard,Illinois 60148 _ _ 312/620 3200 MEMOREX LEASE AGREEMENT AMENDMENT MAINTENANCE CHARGE REIMBURSEMENT O Customer shall be reimbursed for excess maintenance charges levied by IBM (1) for damage to the associated IBM System/3 CPU caused directly by the CJ MRX/3 Memory, MRX/3643 Disc Controller or MRX Printer Controller, and ( 2) for diagnosis time attributable to the MRX/3 Memory, MRX/3643 Disc Con- _ troller or MRX Printer Controller provided that Customer has used the pub- lished MRX Fault Isolation Procedure, in good faith, prior to requesting — — service from IBM. EQUIPMENT UPGRADES Customer shall have the right to upgrade the IBM System/3 Model 15 during the term of the lease in the following ways: 1) IBM 5415 CPU Features or IBM Approved Peripherals added to lease on a full payout basis 2) IBM Approved Peripherals - added with an extension of lease with no increase in monthly rate 3) MRX Peripherals - added to lease with extension of lease and no increase in monthly rate. 4) MRX Peripherals - added on short term rental on separate contract at MRX regular rates PURCHASE OPTION Customer shall have the right to purchase system at any time during the lease based on a total purchase price of $170,750 less rental credits accruing at 70% of Equipment Lease amount for the first six months and 50% of Equipment Lease amount thereafter to a minimum purchase price of $85,375, or fair market value, whichever is lower. LEASE RENEWAL Customer shall have the right to renew lease after the lease term has expired for no more than 50% of Equipment Lease rate plus maintenance. EQUIPMENT APPEARANCE MRX must provide a color coordinated system in good cosmetic condition. MEMOREX LEASE AGREEMENT AMENDMENT Page 2. PREVIOUS AGREEMENTS Upon acceptance of the Equipment, this Agreement supersedes all other Q previous Agreements between Memorex and the City of Elgin. U ACCEPTED: Memorex, Business Systems Division CITY OF ELGIN _ — _ Customer BY BY NAME NAME TITLE TITLE DATE DATE INTERNATIONAL BUSINESS MACHINES CORPORATION Armonk, New York 10504 Supplement to Agreement for IBM Licensed Programs %ame and Address of Customer IBM Branch Office Address: Reference Agreement No. : BC4000 City Of Elgin Chicago Rolling Meadows Reference Amendment No. : 1701 Golf Road IBM Branch Office No. : HV4 City Hall Rolling Mdws. , IL 60008 Customer No. : 2763800 Elgin, IL 60120 Customer Reference: Date Prepared: 5/18/87 The fol lowing Licensed Program Materials are hereby made subject to the referenced Agreement for IBM Licensed Programs: Licensed Program/ Designated Machine Estimated Ship Date Feature/Optional Type/Serial or or Effective Date for Material Description Plant Order Number Additional License Charges 5714/WP3 S/38 OFFICE/38 PS/38 5382/40140 6/26/87 NC 4580 BASIC LICENSE OTC 8,000 ONE-TIME CHARGE BASIC 5050 9/1600 MT DTR NC 9001 ASSET REGISTRATION NC * indicates Plant Order number THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ THE REFERENCED AGREEMENT, REFERENCED AMENDMENT, AND THIS SUPPLEMENT, UN- DERSTANDS THEM, AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. THE SUPPLEMENTAL TERMS AND CONDITIONS WITH RESPECT TO TESTING PERIOD, INSTALLATION/LOCATION USAGE LICENSE, TYPE/DURATION OF PROGRAM SERVICES AND WARRANTY ARE SPECIFIED ON THE LI- CENSED PROGRAM SPECIFICATIONS FOR EACH WARRANTED LICENSED PROGRAM AND ON THE NOTICE OF AVAILABILITY FOR EACH LICENSED PROGRAM DISTRIBUTED ON AN "AS IS" BASIS. CHARGES DO NOT REFLECT APPLICABLE DISCOUNTS. Please send all communications to IBM at its Branch Office unless advised to the contrary. Page 1 of 1 (HV4 -4332) INTERNATIONAL BUSINESS MACHINES CORPORATION Armonk, New York 10504 Supplement to Agreement for Purchase of IBM Machines 44. (Purchase of On-Order Machines) Nam. and Address of Customer IBM Branch Office Address: Reference Agreement No. : GJG0279 invoice to: Chicago Rolling Meadows Reference Amendment No. : 07281 City Of Elgin 1701 Golf Road IBM Branch Office No. : HV4 Rolling Mdws. , IL 60008 Customer No. : 2763800 City Hall Customer Reference: Elgin, IL 60120 Date Prepared: 5/20/87 Installation Address: Warranty Service Type City Of Elgin Warranty Period Types Types of Production Status Code of Maintenance City Hall Customer Set-Up- Warranty Agreement Elgin, IL 60120 (Allowance Days) Options: Service: Available Ava " fable IBM Purchase Plant Model Price Estimated Selected Selected Machine Order or $ Total Shipment Qty. Type Number Feature Description ( Per Unit) $ Date 18 3196 45FJVZ B10 DISPLAY STATION 1,295 07/03/87 1 1 3M 2 ( ) 2,3 (3) 45FJWB 9824 COE MAINTENANCE OPTION & 45FJWC 40.000% VOLUME DISCNT 518CR 45FJWD MACHINE PRICE 777 13,986 45FJWF 45 FJWG 45 FJWH 45FJWJ 45FJWK 45FJWL 45 FJWM 45FJWN 45FJWP 45FJWQ 45FJWR 45 FJWS 45 FJWT 45FJWV THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED HEREIN. FURTHER, CUSTOMER AGREES THAT THIS SUPPLEMENT, THE REFERENCED AGREEMENT, OTHER APPLICABLE IBM AGREEMENTS, AMENDMENTS, EXHIBITS, AND CERTIFICATIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. END USER CERTIFICATION: SEE NEXT TO LAST PAGE (*) An "*" indicates Machine Serial Number. (&) An "&" indicates Invoiced separately. IBM WARRANTY OPTIONS AND MAINTENANCE AGREEMENT SERVICE Supplement Total $ 13,986.00 (See next to last page for additional information) By selecting for each Machine Type from the Types Available and by initialing below, and returning a copy of each page of th,s Supplement to the IBM Branch Office Address above, the customer orders: Warranty Options for IBM Machines, if available; and/or Maintenance Agreement Service Page 1 of 3 (HV4 -4740) EMI? USER CERTIFICATION IBM MAINTENANCE AGREEMENT SERVICE The Customer represents that the Customer is purchasing the machines for use within its own business enterprise and not for By selecting, for each Machine Type shown on each page of the remarketing. This certification does not apply to: a) purchase Supplement, the Type of Maintenance Agreement Se-vice desired of IBM 3081, 3082, 3083, 3084, 3087, 3088, 3089, 3090, 3092, and from those indicated as being available, and by initialing the 3097 machines; b) purchase of machines after the Customer applicable box on Page 1 and returning a copy of each page of furnishes to IBM acceptable documentation providing for the this Supplement to IBM, the Customer orders IBM maintenance assignment of IBM machines, an acceptable financing certif- service to be provided for the machihes under the IBM Mainte- ication for IBM machines or an acceptable alternative certif- nance Agreement signed by the Customer and IBM. Such mainte- ication for IBM machines; or c) purchase of machines under nance service begins on the later of the day following volume procurement terms and conditions. However, any End User expiration of each machine's Warranty period or Warranty Option. Certification contained in any volume procurement terms and The Period of Maintenance Service for Customer On-Site Exchange, conditions or in any assignment of IBM machines will continue to Customer Carry-In Exchange and Customer Carry-In Repair Types of apply. Service is the normal business hours of the applicable IBM Serv- ice/Exchange Center. The Base Period of Maintenance Service for TYPES OF WARRANTY/MAINTENANCE SERVICE IBM On-Site Repair or IBM On-Site Exchange Types of Service is 7 a.m. to 6 p.m , Monday through Friday, except such Base Period for selected Usage Plan machines is 24 hours a day, 7 days a 1. IBM On-Site Repair. week, and for such Types of Service, the Customer may select 2. IBM On-Site Exchange. Optional Periods of Maintenance Service, if available for the 3. Customer On-Site Exchange. machine, by notifying IBM. Any Optional Period of Maintenance 4. Customer Carry-In Exchange. Service for Monday through Friday must include the Base Period 5. Customer Carry-In Repair, of Maintenance Service and must be the same consecutive hours each day. The Additional Warranty Option Charge or Additional IBM WARRANTY SERVICE Maintenance Charge for any such Optional Periods will be deter- mined by multiplying the sum of the applicable percents by the The Warranty Period, expressed in months (M) or years (Y), Minimum Warranty Option Charge or Minimum Maintenance Charge for commences on the Date of Installation of the machine as defined the machine, as shown below. in the Section entitled "Installation" of the Agreement for Purchase of IBM Machines. The Period of Warranty Service for Optional Periods of Maintenance Service Customer On-Site Exchange, Customer Carry-In Exchange and Customer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/Exchange Center. The Period Days -Hours- of Warranty Service for IBM On-Site Repair or IBM On-Site 11 18 24 Exchange Types of Service is 24 hours a day, 7 days a week. There is no IBM warranty for non-IBM machines. Monday - Friday Base 13% 24% IBM WARRANTY OPTIONS (Until 7 a.m. Saturday) Period Saturday 5% 8% 10% By selecting, for each Machine Type shown on each page of the (Until 7 a.m. Sunday) Supplement, the Type of Warranty Option desired from those indi- cated as being available, and by initialing the applicable box Sunday 6% 10% 13% on Page 1 and returning a copy of each page of this Supplement (Until 7 a.m. Monday) to IBM, the Customer orders IBM maintenance service under such Warranty Option to be provided for the machines under the IBM Monday - Sunday - - 39% Maintenance Agreement signed by the Customer and IBM. Such maintenance Service under a Warranty Option for a machine begins on its date of Installation. For a machine with a Warranty Period of one year or less, a selected Warranty Option expires Example: one year from the date the machine's Warranty Period began. For Minimum Warranty Option/Maintenance Charge $/50 a machine with a Warranty Period greater than one year, a 18-hour Optional Period, Monday-Friday 13% selected Warranty Option expires at the end of such Warranty 11-hour Optional Period, Saturday 5% Period. The Type of Service selected by the Customer for a Total percent 18% machine under a Warranty Option will continue thereafter for the Add' I Warranty Option/Maintenance Charge 18% x $750 = $135 then current maintenance charge. The Periods of Maintenance Total Warranty Option/Maintenance Charge $885 Service for a Warranty Option are the same as described for IBM Maintenance Agreement Service. Page 2 of 3 (HV4 -4740) PRODUCTION STATUS CODES Cod 1 . The machine to be delivered is newly manufactured by or for IBM from new and serviceable used parts which are equivalent to new in performance in the machine. A Customer-initiated deferment of the Estimated Shipment Date of the machine may result in its reclassification to Status Code 2. Code 2. The machine to be delivered is not newly manufactured. Code 3. The machine to be delivered may not qualify as Status Code 1 . The status of the machine to be delivered, either Status Code 1 or Status Code 2, will be provided to the Customer, upon request, one month prior to the Estimated Shipment Date. A Customer-initiated deferment of the Estimated Shipment Date for the machine to be delivered that IBM has confirmed as Status Code 1 may result in its reclassification to Status Code 2. If requested by the Customer or IBM, this Supplement must be signed by the parties; otherwise, signatures are not required. A copy of this Supplement may be filed in order to perfect IBM' s security interest. INTERNATIONAL BUSINESS MACHINES CORPORATION Cit Of Elgin By Authorized Signature th ized Signature James J. Co 5-28-87 Name (Type or Print) Date Name (Type or Print) Date Page 3 of 3 (HV4 -4740) INTERNATIONAL BUSINESS MACHINES CORPORATION Armonk, New York 10504 Supplement to Agreement for Purchase of IBM Machine; (Purchase of On-Order Machines) dame and Address of Customer IBM Branch Office Address: Reference Agreement No. : GJG207� Ir;;nice to: Chicago Rolling Meadows Reference Amendment No. : 13570 City Of Elgin 1701 Golf Road IBM Branch Office No. : HV4 Rolling Mdws. , IL 60008 Customer No. : 2763800 City Hall Customer Reference: Elgin, IL 60120 Date Prepared: 5/20/87 Installation Address: Warranty Service Type City Of Elgin Warranty Period Types Types of City Hall Production Status Code of Maintenance Elgin, IL 60120 Customer Set-Up- Warranty Agreement (Allowance Days) Options: Service: IBM Available Available Purchase Plant Model Price Estimated Selected Selected Machine Order or $ Total Shipment Qty. Type Number Feature Description (Per Unit) $ Date I 1 4234 64GGNS 002 DOT BAND PRINTER 8,800 06/26/87 1 1 3M 1 ( ) 1 ( ) 9222 SPECIFY/MOD 002 NC 9809 14FT. NON-LOCKING PLUG NC 30.000% VOLUME DISCNT 2,640CR MACHINE PRICE 6, 160 6,160 2 4224 64GGNT 102 PRINTER 6,000 06/26/87 1 1 3M 1 ( ) 1 ( ) 64GGNV 9501 CONTINUOUS FORM DEVICE NC 30.000% VOLUME DISCNT 1,800CR MACHINE PRICE 4,200 8,400 THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED HEREIN. FURTHER, CUSTOMER AGREES THAT THIS SUPPLEMENT, THE REFERENCED AGREEMENT, OTHER APPLICABLE IBM AGREEMENTS, AMENDMENTS, EXHIBITS, AND CERTIFICATIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. END USER CERTIFICATION: SEE NEXT TO LAST PAGE (*) An "*" indicates Machine Serial Number. (&) An "&" indicates Invoiced separately. IBM WARRANTY OPTIONS AND MAINTENANCE AGREEMENT SERVICE Supplement Total $ 14,560.00 (See next to last page for additional information) By selecting for each Machine Type from the Types Available and by initialing below, and returning a copy of each page of this Supplement to the IBM Branch Office Address above, the customer orders: Warranty Options for IBM Machines, if available; and/or Maintenance Agreement Service Page 1 of 3 (HV4 -4724) 1 END USER CERTIFICATION ' IBM MAINTENANCE AGREEMENT SERVICE Try` Customer represents that the Customer is purchasing the machines for use within its own business enterprise and not for By selecting, for each Machine Type shown on each page of the • remarketing. This certification does not apply to: a) purchase Supplement, the Type of Maintenance Agreement Service desired of IBM 3081, 3082, 3083, 3084, 3087, 3088, 3089, 3090, 3092, and from those indicated as being available, and by initialing the 1 3097 machines; b) purchase of machines after the Customer applicable box on Page 1 and returning a copy of each page of furnishes to IBM acceptable documentation providing for the this Supplement to IBM, the Customer orders IBM maintenance assignment of IBM machines, an acceptable financing certif- service to be provided for the machines under the IBM Mainte- ication for IBM machines or an acceptable alternative certif- nance Agreement signed by the Customer and IBM. Such mainte- ication for IBM machines; or c) purchase of machines under nance service begins on the later of the day following volume procurement terms and conditions. However, any End User expiration of each machine's Warranty period or Warranty Option. Certification contained in any volume procurement terms and The Period of Maintenance Service for Customer On-Site Exchange, conditions or in any assignment of IBM machines will continue to Customer Carry-In Exchange and Customer Carry-In Repair Types of apply. Service is the normal business hours of the applicable IBM Serv- ice/Exchange Center. The Base Period of Maintenance Service for TYPES OF WARRANTY/MAINTENANCE SERVICE IBM On-Site Repair or IBM On-Site Exchange Types of Service is 7 a.m. to 6 p.m., Monday through Friday, except such Base Period for selected Usage Plan machines is 24 hours a day, 7 days a 1 . IBM On-Site Repair. week, and for such Types of Service, the Customer may select 2. IBM On-Site Exchange. Optional Periods of Maintenance Service, if available for the 3. Customer On-Site Exchange. machine, by notifying IBM. Any Optional Period of Maintenance 4. Customer Carry-In Exchange. Service for Monday through Friday must include the Base Period 5. Customer Carry-In Repair. of Maintenance Service and must be the same consecutive hours each day. The Additional Warranty Option Charge or Additional IBM WARRANTY SERVICE Maintenance Charge for any such Optional Periods will be deter- mined by multiplying the sum of the applicable percents by the The Warranty Period, expressed in months (M) or years (Y), Minimum Warranty Option Charge or Minimum Maintenance Charge for commences on the Date of Installation of the machine as defined the machine, as shown below. in the Section entitled "Installation" of the Agreement for Purchase of IBM Machines. The Period of Warranty Service for Optional Periods of Maintenance Service Customer On-Site Exchange, Customer Carry-In Exchange and Customer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/Exchange Center. The Period Days -Hours- of Warranty Service for IBM On-Site Repair or IBM On-Site 11 18 24 Exchange Types of Service is 24 hours a day, 7 days a week. There is no IBM warranty for non-IBM machines. Monday - Friday Base 13% 24% IBM WARRANTY OPTIONS (Until 7 a.m. Saturday) Period Saturday 5% 8% 10% By selecting, for each Machine Type shown on each page of the (Until 7 a.m. Sunday) Supplement, the Type of Warranty Option desired from those indi- cated as being available, and by initialing the applicable box Sunday 6% 10% 13% on Page 1 and returning a copy of each page of this Supplement (Until 7 a.m. Monday) to IBM, the Customer orders IBM maintenance service under such Warranty Option to be provided for the machines under the IBM Monday - Sunday - - 39% Maintenance Agreement signed by the Customer and IBM. Such maintenance Service under a Warranty Option for a machine begins on its date of Installation. For a machine with a Warranty Period of one year or less, a selected Warranty Option expires Example: one year from the date the machine's Warranty Period began. For Minimum Warranty Option/Maintenance Charge $750 a machine with a Warranty Period greater than one year, a 18-hour Optional Period, Monday-Friday 13% . selected Warranty Option expires at the end of such Warranty 11-hour Optional Period, Saturday 5% Period. The Type of Service selected by the Customer for a Total percent 18% I machine under a Warranty Option will continue thereafter for the Add' I Warranty Option/Maintenance Charge 18% x $750 = $135 then current maintenance charge. The Periods of Maintenance Total Warranty Option/Maintenance Charge $885 Service for a Warranty Option are the same as described for IBM Maintenance Agreement Service. Page 2 of 3 (HV4 -4724) PRODUCTION STATUS CODES Coae 1. The machine to be delivered is newly manufactured by or ' for IBM from new and serviceable used parts which are • equivalent to new in performance in the machine. A Customer-initiated deferment of the Estimated Shipment Date of the machine may result in its reclassification to Status Code 2. Code 2. The machine to be delivered is not newly manufactured. Code 3. The machine to be delivered may not qualify as Status Code 1. The status of the machine to be delivered, either Status Code 1 or Status Code 2, will be provided to the Customer, upon request, one month prior to the Estimated Shipment Date. A Customer-initiated deferment of the Estimated Shipment Date for the machine to be delivered that IBM has confirmed as Status Code 1 may result in its reclassification to Status Code 2. If requested by the Customer or IBM, this Supplement must be signed by the parties; otherwise, signatures are not required. A copy of this Supplement may be filed in order to perfect IBM's security interest. INTERNATIONAL BUSINESS MACHINES CORPORATION Cj›-IMr Elgin By Authorized Signature Au 'or' ed Signature James J. ook 5-28-87 Name (Type or Print) Date Name T(Ty or Print) Date Page 3 of 3 (HV4 -4724) 6863-5 J International Business Machines Corporation Armonk, New York 10504 Supplement to Agreement for Purchase of IBM Machines [ ] Purchase of On-Order Machines [ ] Purchase of Installed Machines [ I Purchase of Non-IBM Machines IBM Branch Reference Reference Name and Address of Customer(invoice to): Installation Address: Office No.: Customer No.: Agreement No.: Amendment No.: City of Elgin City of Elgin HV4 2763800 GJG0279 City Hall Customer Reference: Date Prepared: Elgin I1 60120 City Hall Purchase of Installed Machines: Quotation Month: Melly.oat.ot Purchase: Elgin I1 60120 IBM Branch Office Address: Purchase Prices for purchase of installed machines may be changed by IBM up to and including the Effective Date of Purchase(which must be within the Quotation Month),subject to any limita- Chicago Rolling Meadows tions described in the applicable IBM lease or rental agreement. 1701 Golf Road -- n L Maintenance Warran Rolling Meadows I1 60008 Options Agreement O y Service N 8 H e a- IBM Plant Purchase o; E . y, Types Order or Price Estimated E. A E° Available 0, �� Machine Serial Model or $ Total Shipment (3a >N 3 (None Un- �, Types ', Qty. Type Number(*) Feature Description (Per Unit) $ Date �V 3 less Noted) Available 1 5202 001 Quietwriter 3 1,699 5612 Printer Cable 45 9538 Sheet Feeder Dual Drawer 849 9620 Env Feeder 299 30% volume discount 868CR Machine Price 2,024 3 5871 AAA ENH 5250 Conv Kit (2910) 845 30% volume discount 254CR Machine Price 591 2 5871 AAA DOS 3.3 (0957) 120 30% volume discount 36CR Machine Price 84 1 5875 MMA DW4 (9904) 495 30% volume discount 149CR THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED Subtotal 346 S 4,311 HEREIN. FURTHER, CUSTOMER AGREES THAT THIS SUPPLEMENT, THE REFERENCED Itromt snsoun piement AGREEMENT, OTHER APPLICABLE IBM AGREEMENTS, AMENDMENTS, EXHIBITS AND Tnaxesontinuatans) Taxes $ CERTIFICATIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT Destination Charges $ BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO Pay This Amount $ THE SUBJECT MATTER HEREOF. 4,311 END USER CERTIFICATION:SEE REVERSE SIDE. Inrolce Information: Invoice No.: Remit to Address: - • f • If requested by the IBM WARRANTY OPTIONS Li_ El_g 1 n, I 1.1 •i $ _______._ Customer or IBM, Byselecting, for each Machine Type shown on each page of the Supplement, the Type of c p YP P 9 PP yp Warranty / this Supplement Option desired from those indicated as being available, and by initialing the applicable box on Page By _ ________.__ must be signed by 1 and returning a copy of each page of this Supplement to IBM,the Customer orders IBM maintenance Authoriz ature the parties;other- service under such Warranty Option to be provided for the machines under the IBM Maintenance Agree- ment_ ,� _ _�� _87 _ wise,signatures signed by the Customer and IBM. Such maintenance service under a Warranty Option for an on- --''1� � `)' order machine begins on its Date of Installation. For a machine with a WarrantyPeriod of one year Name(Type a Print) � _ Date are not required. International Business Machines Corporation or less, a selected Warranty Option expires one year from the date the machine's Warranty Period A copyof this Supple- began.For a machine with a Warranty Period greater than one year,a selected Warranty Option expires pP at the end of such Warranty Period.The Type of Service selected by the Customer for a machine under By _______ ________.______________ ment may be filed in a Warranty Option will continue thereafter for the then current maintenance charge. Authonzed Signature order to perfect IBM's The Periods of Maintenance Service for a Warranty Option are the same as described for IBM Mainte- security_m interest. nance Agreement Service. Nae_(Type or Print) .-- Date IBM MAINTENANCE AGREEMENT SERVICE END USER CERTIFICATION By selecting,for each Machine Type shown on each page of the Supplement,the Type of Maintenance The Customer represents that the Customer is purchasing the machines for use within its own business Agreement Service desired from those indicated as being available,and by initialing the applicable box enterprise and not for remarketing. This certification does not apply to: a)purchase of installed lease on Page 1 and returning a copy of each page of this Supplement to IBM, the Customer orders IBM or rental machines; b)purchase of IBM 3081,3082, 3083, 3084, 3087,3088, 3089, 3090, 3092 and maintenance service to be provided for the machines under the IBM Maintenance Agreement signed 3097 machines;c)purchase of machines after the Customer furnishes to IBM acceptable documentation by the Customer and IBM.Such maintenance service begins on the latest of the day following expiration providing for the assignment of IBM machines, an acceptable financing certification for IBM machines of each machine's Warranty Period or Warranty Option or its Effective Date of Purchase. or an acceptable alternative certification for IBM machines; or d) purchase of machines under volume The Period of Maintenance Service for Customer On-Site Exchange, Customer Carry-In Exchange and procurement terms and conditions. However,any End User Certification contained in any volume pro- Customer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/curement terms and conditions or in any assignment of IBM machines will continue to apply. Exchange Center. INVESTMENT TAX CREDIT PRODUCTION STATUS CODES The Base Period of Maintenance Service for IBM On Site Repair or IBM On Site Exchange Types of Service is 7 a.m.to 6 p.m., Monday through Friday,except such Base Period for selected Usage Plan Code 1. The machine to be delivered is eligible new production for the purpose of the investment tax machines is 24 hours a day, 7 days a week, and for such Types of Service,the Customer may select credit allowed by Section 38 of the Internal Revenue Code.A Customer-initiated deferment of the Esti- Optional Periods of Maintenance Service, if available for the machine, by notifying IBM. Any Optional mated Shipment Date of the machine may result in its reclassification to a non-qualifying status. Period of Maintenance Service for Monday through Friday must include the Base Period of Maintenance Code 2. The machine to be delivered is not eligible new production for the purpose of the investment Service and must be the same consecutive hours each day. The Additional Warranty Option Charge tax credit allowed by Section 38 of the Internal Revenue Code. or Additional Maintenance Charge for any such Optional Periods will be determined by multiplying the Code 3.The machine to be delivered may not be eligible new production for the purpose of the invest- Charge for thsum of the applicable machine,as shown be owMinimum Warranty Option Charge or Minimum Maintenance ment tax credit allowed by Section 38 of the Internal Revenue Code. The production status of the machine to be delivered will be provided to the Customer, upon request, one month prior to the Esti- Optional Periods of Maintenance Service mated Shipment Date. A Customer-initiated deferment of the Estimated Shipment Date for a machine to be delivered that IBM has confirmed as being eligible new production may result in its reclassification Days —Hours— to a non-qualifying status. 11 18 , 24 TYPES OF WARRANTY/MAINTENANCE SERVICE Monday .day Base 13% 24% Until a a.m .Saturday) Period 1. IBM On-Site Repair 3. Customer On-Site Exchange 5. Customer Carry-In Repair Saturday 5% 8% 10% 2. IBM On-Site Exchange 4. Customer Carry-In Exchange (until?a.m.Sunday) Sunday 6% 10% 13% IBM WARRANTY SERVICE (Until7a.m.Monday) The Warranty Period, expressed in months (M) or years (Y), commences on the Date of Installation Monday-Sunday — — 39% of the machine as defined in the Section entitled "Installation"of the Agreement for Purchase of IBM Machines. Example: The Period of Warranty Service for Customer On-Site Exchange,Customer Carry-In Exchange and Cus- Minimum Warranty Option Charge/Minimum Maintenance Charge $750 tomer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/Ex- 18-hour Optional Period, Monday-Friday 13% change Center. 11-hour Optional Period, Saturday 5% Total percent 18% The Period of Warranty Service for IBM On-Site Repair or IBM On-Site Exchange of Typewriters,Copiers Additional Warranty Option Charge/Additional Maintenance Charge 18% x$750 = $135 and Information Distributors is 7 a.m.to 6 p.m., Monday through Friday.The Period of Warranty Ser- Total Warranty Option Charge/Total Maintenance Charge $885 vice for IBM On-Site Repair or IBM On-Site Exchange of all other machines is 24 hours a day, 7 days a week. There is no IBM warranty for non-IBM machines. �'1 6863-5 c c f 0 0 0 v . ' ft %. MI, (.---: J J international Business Machines Corporation Armonk, New York 10504 Supplement to Agreement for Purchase of IBM Machines [ ) Purchase of On-Order Machines [ ) Purchase of Installed Machines [ ] Purchase of Non-IBM Machines IBM Branch Reference Reference Name and Address of Customer(invoice to): Installation Address: Office No.: Customer No.: Agreement No.: Amendment No.: City of Elgin City of Elgin HV4 2763800 GJG0279 Customer Reference: Date Prepared: 05/20/87 City Hall City Hall Purchase of Installed Machines: oeoau.e weer Elbstive ow N P ue: Elgin Il 60120 Elgin Il 60120 IBM Branch Office Address: Purchase Prices for purchase of installed machines may be changed by IBM up to and including the Effective Date of Purchase(which must be within the Quotation Month),subject to any limita- tions described in the applicable IBM lease or rental agreement. Chicago Rolling Meadows 1701 Golf Road d Warranty Maintenance %Rolling Meadows I1 60008o a Options Agrerym�nt IBM Plant Purchase E d Ty es SSee Order or Price Estimated I Ava li able Machine Serial Model or S Total Shipment a „ i (None Un- Types Qty. Type Number(*) Feature Description (Per Unit) $ Date 3 less Noted) Available 1 4224 102 Printer 6,000 • . 9501 Continuous Form Device NC ',' 30% volume discount 1,800CR.'f, ¢' ,. t Machine Price 4,200 <<F< 1 t 1 " , 1: -1 y { ;t t t , ip r4rt , ti t :,. ' t. 5. l.,. 2 8530 021 Personal Sys 2 2,295 'v c' �' x ,, 1 ar a 4' a... 4050 Color Card 595 '`' ' ` ,:I1'g 30% volume discount 867C 2,023 •Machine Price f� t�: rw i.t, 'f) ' : ,tr �( ii. , A4 tt; � r ( r . r; 2 8512 001 Color Display 595 30% volume discount 179CR • Machine Price 416 1 5219 D02 60 CPS Printer 5,250 , 7875 Sheet/Env feeder 2,350 2956 Printwheel NC 30% volume discount 2,280CR Machine Price 5,320 THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED Subtotal $ 14,398 HEREIN. FURTHER, CUSTOMER AGREES THAT THIS SUPPLEMENT, THE REFERENCED (from this Supplement AGREEMENT, OTHER APPLICABLE IBM AGREEMENTS, AMENDMENTS, EXHIBITS AND and its Continuatwns) Taxes S CERTIFICATIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT Destination Charges $ BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO pay This Amount $ • THE SUBJECT MATTER HEREOF. 14,398 END USER CERTIFICATION:SEE REVERSE SIDE. Invoice Information: Invoice No.: Remit to Address: • j' If requested by the IBM WARRANTY OPTIONS --_ 0 f Elgin, Ill i n• "_5 _ Customer or IBM, By selecting, for each Machine Type shown on each page of the Supplement, the Type of Warranty this Supplement Option desired from those indicated as being available, and by initialing the applicable box on Page By ______ - / _ must be signed by 1 and returning a copy of each page of this Supplement to IBM,the Customer orders IBM maintenance Au. • •ed .nature the parties;other- service under such Warranty Option to be provided for the machines under the IBM Maintenance Agree- Jame s J. '0 0 5-28-87 wise,signatures ment signed by the Customer and IBM. Such maintenance service under a Warranty Option for an on- (Type or Prin __t) Date are not required. order machine begins on its Date of Installation. For a machine with a Warranty Period of one year or less, a selected Warranty Option expires one year from the date the machine's Warranty Period International Business Machines Corporation began. For a machine with a Warranty Period greater than one year,a selected Warranty Option expires A copy of this Supple- at the end of such Warranty Period.The Type of Service selected by the Customer for a machine under By _ _ i____ ment may be filed in a Warranty Option will continue thereafter for the then current maintenance charge. Authorized Signature order to perfect IBM's The Periods of Maintenance Service for a Warranty Option are the same as described for IBM Mainte- security interest. nance Agreement Service. Name(Type or Print) Date IBM MAINTENANCE AGREEMENT SERVICE END USER CERTIFICATION By selecting,for each Machine Type shown on each page of the Supplement,the Type of Maintenance The Customer represents that the Customer is purchasing the machines for use within its own business Agreement Service desired from those indicated as being available,and by initialing the applicable box enterprise and not for remarketing. This certification does not apply to:a) purchase of installed lease on Page 1 and returning a copy of each page of this Su element to IBM, the Customer orders IBM or rental machines;b)purchase of IBM 3081, 3082, 3083, 3084,3087, 3088, 3089, 3090, 3092 and maintenance service to be provided for the machines under the IBM Maintenance Agreement signed 3097 machines;c)purchase of machines after the Customer furnishes to IBM acceptable documentation by the Customer and IBM.Such maintenance service begins on the latest of the day following expiration • providing for the assignment of IBM machines, an acceptable financing certification for IBM machines of each machine's Warranty Period or Warranty Option or its Effective Date of Purchase. or an acceptable alternative certification for IBM machines; or d) purchase of machines under volume The Period of Maintenance Service for Customer On-Site Exchange, Customer Carry-In Exchange and procurement terms and conditions. However,any End User Certification contained in any volume pro- Customer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/ curement terms and conditions or in any assignment of IBM machines will continue to apply. Exchange Center. INVESTMENT TAX CREDIT PRODUCTION STATUS CODES The Base Period of Maintenance Service for IBM On-Site Repair or IBM On-Site Exchange Types of Service is 7 a.m.to 6 p.m., Monday through Friday,except such Base Period for selected Usage Plan Code 1. The machine to be delivered is eligible new production for the purpose of the investment tax machines is 24 hours a day, 7 days a week,and for such Types of Service, the Customer may select - credit allowed by Section 38 of the Internal Revenue Code.A Customer-initiated deferment of the Esti- Optional Periods of Maintenance Service, if available for the machine, by notifying IBM. Any Optional mated Shipment Date of the machine may result in its reclassification to a non-qualifying status. Period of Maintenance Service for Monday through Friday must include the Base Period of Maintenance Code 2. The machine to be delivered is not eligible new production for the purpose of the investment Service and must be the same consecutive hours each day. The Additional Warranty Option Charge tax 2. m Seotbe 8 of the Internal not Revenue neCode. or Additional Maintenance Charge for any such Optional Periods will be determined by multiplying the sum of the applicable percents by the Minimum Warranty Option Charge or Minimum Maintenance Code 3.The machine to be delivered may not be eligible new production for the purpose of the invest- Charge for the machine,as shown below. , ment tax credit allowed by Section 38 of the Internal Revenue Code. The production status of the machine to be delivered will be provided to the Customer, upon request, one month prior to the Esti- Optional Periods of Maintenance Service mated Shipment Date. A Customer-initiated deferment of the Estimated Shipment Date for a machine • to be delivered that IBM has confirmed as being eligible new production may result in its reclassification Days —Hours— to a non qualifying status. 11- 18 24 Monday-Friday Base 13% 24% TYPES OF WARRANTY/MAINTENANCE SERVICE (Until 7 a.m.Saturday) Period ii 1. IBM On-Site Repair 3. Customer On-Site Exchange 5. Customer Carry-In Repair aturday 5% 8% 10% 2. IBM On-Site Exchange 4. Customer Carry-In Exchange S n dl 7 a.m.Sunday) unday 6% 10% 13% IBM WARRANTY SERVICE (Until7 a.m.Monday) The Warranty Period, expressed in months (M) or years (Y), commences on the Date of Installation Monday-Sunday — — 39% of the machine as defined in the Section entitled"Installation" of the Agreement for Purchase of IBM Machines. Example: The Period of Warranty Service for Customer On-Site Exchange,Customer Carry-In Exchange and Cus- Minimum Warranty Option Charge/Minimum Maintenance Charge $750 tomer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/Ex- 18-hour Optional Period, Monday-Friday 13% change Center. 11-hour Optional Period, Saturday 5% TThe Period of WarrantyService for IBM On-Site Repair or IBM On-Site Exchange of Typewriters,Copiers d percent 18% p Additional Warranty Option Charge/Additional Maintenance Charge 18% x $750 = $135 and Information Distributors is 7 a.m.to 6 p.m., Monday through Friday.The Period of Warranty Ser- Total Warranty Option Charge/Total Maintenance Charge $885 vice for IBM On-Site Repair or IBM On-Site Exchange of all other machines is 24 hours a day, 7 days a week. There is no IBM warranty for non-IBM machines. I+'TEr+1ATIONAL BUSINESS MACHINES CORPORATION Armonk, New York 10504 Supplement to Agreement for Purchase of IBM Machines • r (Purchase of On-Order Machines) Name and Address of Customer IBM Branch Office Address: Reference Agreement No. : GJG0279 ' ' Invoice to: Chicago Rolling Meadows Reference Amendment No. : See Below City Of Elgin 1701 Golf Road IBM Branch Office No. : HV4 Rolling Mdws., IL 60008 Customer No. : 2763800 City Hall Customer Reference: Elgin, IL 60120 Date Prepared: 5/20/87 Installation Address: Warranty Service Type City Of Elgin Warranty Period Types Production Status Code of Maintenance City Hall Customer Set-Up- Warranty Agreement Elgin, IL 60120 (Allowance Days) Options: Service: Available Available IBM Purchase Plant Model Price Estimated Selected Selected Machine Order or $ Total Shipment Qty. Type Number Feature Description (Per Unit) $ Date 3 5294 64GHMC 001 REMOTE CONTROL UNIT 2,650 07/10/87 1 1 3M 1 ( ) 1 ( ) 64GHMD 3601 EXTENDED FUNCTION A 105 64GHMF 3630 ENHANCED KEYBOARD SUPPORT 150 3611 FC ADAPTER CARD "A" 210 3701 EIA INTERFACE 300 30.000% VOLUME DISCNT #07281 1,025CR MACHINE PRICE 2,390 7,170 1 5294 64GHMG 001 REMOTE CONTROL UNIT 2,650 07/10/87 1 1 3M 1 ( ) 1 ( ) 3601 EXTENDED FUNCTION A 105 3630 ENHANCED KEYBOARD SUPPORT 150 3611 FC ADAPTER CARD "A" 210 3701 EIA INTERFACE 300 2550 EXTENDED CLUSTER 835 30.000% VOLUME DISCNT #07281 1,275CR MACHINE PRICE 2,975 2,975 3 5865 64GJCZ 002 5865 MODEM MODEL 002 4,000 06/26/87 1 1 1Y 3 2 ( ) 2,3,4,5 (2) 64GJDB 9830 10E MAINTENANCE OPTION & 64GJDC 30.000% VOLUME DISCNT #09960 1,200CR MACHINE PRICE 2,800 8,400 THIS SUPPLEMENT CONFIRMS YOUR ORDER TO PURCHASE THE MACHINES LISTED HEREIN. FURTHER, CUSTOMER AGREES THAT THIS SUPPLEMENT, THE REFERENCED AGREEMENT, OTHER APPLICABLE IBM AGREEMENTS, AMENDMENTS, EXHIBITS, AND CERTIFICATIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, SUPERSEDING ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. END USER CERTIFICATION: SEE NEXT TO LAST PAGE (*) An "*" indicates Machine Serial Number. (&) An "&" indicates Invoiced separately. IBM WARRANTY OPTIONS AND MAINTENANCE AGREEMENT SERVICE Supplement Total $ 18,545.00 (See next to last page for additional information) By selecting for each Machine Type from the Types Available and by initialing below, and returning a copy of each page of this Supplement to the IBM Branch Office Address above, the customer orders: Warranty Options for IBM Machines, if available; and/or Maintenance Agreement Service Page 1 of 3 (HV4 -4722) E4D I.vER CERTIFICATION ' IBM MAINTENANCE AGREEMENT SERVICE The Customer represents that the Customer is purchasing the machines for use within its own business enterprise and not for By selecting, for each Machine Type shown on each page of the remarketing. This certification does not apply to: a) purchase Supplement, the Type of Maintenance Agreement Service desircd of IBM 3081, 3082, 3083, 3084, 3087, 3088, 3089, 3090, 3092, and from those indicated as being available, and by initialirg the 3097 machines; b) purchase of machines after the Customer applicable box on Page 1 and returning a copy of each page of furnishes to IBM acceptable documentation providing for the this Supplement to IBM, the Customer orders IBM maintenance assignment of IBM machines, an acceptable financing certif- service to be provided for the machines under the IBM Mainte- ication for IBM machines or an acceptable alternative certif- nance Agreement signed by the Customer and IBM. Such mainte- ication for IBM machines; or c) purchase of machines under nance service begins on the later of the day following volume procurement terms and conditions. However, any End User expiration of each machine's Warranty period or Warranty Option. Certification contained in any volume procurement terms and The Period of Maintenance Service for Customer On-Site Exchange, conditions or in any assignment of IBM machines will continue to Customer Carry-In Exchange and Customer Carry-In Repair Types of apply. Service is the normal business hours of the applicable IBM Serv- ice/Exchange Center. The Base Period of Maintenance Service for TYPES OF WARRANTY/MAINTENANCE SERVICE IBM On-Site Repair or IBM On-Site Exchange Types of Service is 7 a.m. to 6 p.m., Monday through Friday, except such Base Period for selected Usage Plan machines is 24 hours a day, 7 days a 1. IBM On-Site Repair. week, and for such Types of Service, the Customer may select 2. IBM On-Site Exchange. Optional Periods of Maintenance Service, if available for the 3. Customer On-Site Exchange. machine, by notifying IBM. Any Optional Period of Maintenance 4. Customer Carry-In Exchange. Service for Monday through Friday must include the Base Period 5. Customer Carry-In Repair. of Maintenance Service and must be the same consecutive hours each day. The Additional Warranty Option Charge or Additional IBM WARRANTY SERVICE Maintenance Charge for any such Optional Periods will be deter- mined by multiplying the sum of the applicable percents by the The Warranty Period, expressed in months (M) or years (Y), Minimum Warranty Option Charge or Minimum Maintenance Charge for commences on the Date of Installation of the machine as defined the machine, as shown below. in the Section entitled "Installation" of the Agreement for Purchase of IBM Machines. The Period of Warranty Service for Optional Periods of Maintenance Service Customer On-Site Exchange, Customer Carry-In Exchange and Customer Carry-In Repair Types of Service is the normal business hours of the applicable IBM Service/Exchange Center. The Period Days -Hours- of Warranty Service for IBM On-Site Repair or IBM On-Site 11 18 24 Exchange Types of Service is 24 hours a day, 7 days a week. There is no IBM warranty for non-IBM machines. Monday - Friday Base 13% 24% (Until 7 a.m. Saturday) Period IBM WARRANTY OPTIONS Saturday 5% 8% 10% By selecting, for each Machine Type shown on each page of the (Until 7 a.m. Sunday) Supplement, the Type of Warranty Option desired from those indi- cated as being available, and by initialing the applicable box Sunday 6% 10% 13% on Page 1 and returning a copy of each page of this Supplement (Until 7 a.m. Monday) to IBM, the Customer orders IBM maintenance service under such Warranty Option to be provided for the machines under the IBM Monday - Sunday - - 39% Maintenance Agreement signed by the Customer and IBM. Such maintenance Service under a Warranty Option for a machine begins on its date of Installation. For a machine with a Warranty Period of one year or less, a selected Warranty Option expires Example: one year from the date the machine's Warranty Period began. For Minimum Warranty Option/Maintenance Charge $750 a machine with a Warranty Period greater than one year, a 18-hour Optional Period, Monday-Friday 13% selected Warranty Option expires at the end of such Warranty 11-hour Optional Period, Saturday 5% Period. The Type of Service selected by the Customer for a Total percent 18% machine under a Warranty Option will continue thereafter for the Add' I Warranty Option/Maintenance Charge 18% x $750 = $135 then current maintenance charge. The Periods of Maintenance Total Warranty Option/Maintenance Charge $885 Service for a Warranty Option are the same as described for IBM Maintenance Agreement Service. Page 2 of 3 (HV4 -4722) P.'ODL. TION STATUS CODES Code 1. The machine to be delivered is newly manufactured by or for IBM from new and serviceable used parts which are equivalent to new in performance in the machine. A Customer-initiated deferment of the Estimated Shipment Date of the machine may result in its reclassification to Status Code 2. Code 2. The machine to be delivered is not newly manufactured. Code 3. The machine to be delivered may not qualify as Status Code 1. The status of the machine to be delivered, either Status Code 1 or Status Code 2, will be provided to the Customer, upon request, one month prior to the Estimated Shipment Date. A Customer-initiated deferment of the Estimated Shipment Date for the machine to be delivered that IBM has confirmed as Status Code 1 may result in its reclassification to Status Code 2. If requested by the Customer or IBM, this Supplement must be signed by the parties; otherwise, signatures are not required. A copy of this Supplement may be filed in order to perfect IBM's security interest. INTERNATIONAL BUSINESS MACHINES CORPORATION City Of Elgin By By Authorized Signature ..rized Signature James J. Cook 5-28-87 Name (Type or Print) Date Name (Type or Print) Date Page 3 of 3 (HV4 -4722)