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HomeMy WebLinkAboutResolution No. 05-48 CITY OF THE COLONY, TEXAS RESOLUTION NO. 05-~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AN EXPENDITURE OF $2,922.50 FROM THE MUNICIPAL COURT TECHNOLOGY FUND FOR THE ANNUAL MAINTENANCE AGREEMENT FOR THE AUTO CITE TICKET WRITING EQUIPMENT AND SOFTWARE; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, hereby approves the Maintenance Agreement for AutoCITE ticket writing equipment, and authorizes an expenditure of $2,922.50 from the Municipal Court Technology Fund. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein. Section 3. That the police chief is authorized to enter into this contract. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 2nd day of May, 2005. Dillard, Mayor ty of The Colony, Texas cL~ !J~~~ Christie Wilson, TRMC, City Secretary ENFORCEMENT TECHNOLOGY, INC. 4129 Avenida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 AutoCITE and AutoPROCESS SOFTWARE AND FIRMWARE USER LICENSE AGREEMENT Rev. 0 The firmware provided with the AutoCITE handheld computers and the AutolSSUE and AutOlPROCESS host software installed on the PC and/or Server systems are proprietary products of Enforcement Technology, Inc., (ETEC) and protected under United States copyright laws. Therefore you must treat these fmnware and software products accordingly. The fmnware and software contained within the AutoCITE computer is not to be copied or reprodlJced in any form for any reason. The software provided for installation on your PC and/or Server systems (AutoISSUE and AutoPROCESS host systems) may be copied for archival purposes only and may not be used on more central processing units (CPU) concurrently, than the number of purchased licenses, without prior written approval from ETEC. These licenses are for the sole use of the purchasing agency and cannot be used by or for any other agency or department without prior written approval by ETEC. This fumware or software can not be provided to any other unlicensed user, under any circumstances. In the event of loss, misplacement or damage of the original software or archive copies, ETEC will provide an additional copy upon request, at an appropriate cost for ETEC time and materials to produce and deliver such copy. Any misuse, tampering, attempts to open the AutoCITE handheld computer, or copying the AutoCITE, AutolSSUE or AutoPROCESS fmnware or software, or any other reproductions not specifically authorized by ETEC, will violate and void this agreement. ETEC is not and cannot be responsible for the installation, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Base Server software or any other third ~rty software or hardware. ETEC shall not in any case be liable for special, incidental, consequential, indirect or direct costs~ including but not limited to, those incurred as a result of loss of profits or revenue, loss of use of any computer program, loss of data, costs for recreating data, and the costs of any substitute programs or Dr other similar costs. City or Agency Representative: Enrn,:cme~TeChnOIOgy. Ine.: f~ f!!o Name: Name: Steven D. Borso Title: Title: Engineering Director Date: Date: :9fz>f6~ Page 1 of 1 ----------- ------- ---------- ---- ENFORCEMENTTECHNOLOG~'NC. 4129 Avenida De La Plata .. Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 AutoCITE, AutoISSUE and AutoPROCESS ANNUAL MAINTENANCE AGREEMENT REV.D Enforcement Technology, Inc. (ETEC) offers a unique Maintenance Agreement, beyond the one-year warranty period, with every AutoCITE hand-held computer, AutoISSUE and/or AutoPROCESS System purchased. This agreement is offered as an additional service to our customers to provide the most trouble- free, efficient, cost-effective maintenance for the AutoCITE Systems. This agreement provides the following features: 1. GUARANTEED REPLACEMENT COMPUTERS Guaranteed replacement computers for all models currently manufactured by ETEC, upon request, within three working days, are provided at no cost while any repair work is being completed at Enforcement Technology, Inc. on any ETEC-manufactured unit requiring repair. Whenever a hand-held computer requires repair, it is the responsibility of the customer to do two things: 1) you must place a call to the engineering service center to get verbal consultation on the problem. 2) If it is deemed necessary to send the unit to ETEC for repair, a Return Material Authorization (RMA) number must be issued by the Enforcement Technology Engineering Service Center. Failure to obtain an RMA number will hinder the turnaround time of the repaired unit. Then the unit should be shipped from the customer to: Enforcement Technology, Inc. 4129 Avenida De La Plata Oceamside, CA 92056 (760) 945-9893 That unit should be sent SECOND DAY AIR" referencing the RMA number on the outside of the shipping carton. Uvon request, a loaner unit will be sent by the same method to the customer. Return of the loaner unit must also be made via SECOND DAY AIR as soon as your unit is repaired and returned. The customer is responsible for all shipments, including those oosts from their facility to the Engineering Service Center. 2. PRIORITY BASIS REPAIRS Insures a priority basis for any repair work required. Enforcement Technology will repair (or replace it at our discretion) any unit and return it within two weeks from the tinle it was received. 3. SOFTWARE UPGRADES After the customer purchases the system, including purchases of other systems for later expansion, subsequent software enhancements installed at Enforcement Technology's discretion to repair a problem or correct system operation, will be provided at no additional cost, as long as the warranty period or annual maintenance period has not expired. Enforcement Technology does not normally institute changes in existing versions of AutoCITE, AutoISSUE, and AutoPROCESS to correct problems unless it is the most expedient solution to a problem. Rather, we will provide the latest released version of software compatible with the customer's computer and network environment to remedy any problem. It is ETEC's sole discretion as to which version of fIrmware or software will be installed, as long as all functionality of the customers purchased modules is maintained. Page lof4 ~ ENFORCEMENTTECHNOUOGY,INC. 4129 A venida De La Plata .. Oceansme, CA 92056 (760) 945-9893. Fax (760) 945-5815 AutoCITE, AutoISSUE and AutoPROCESS ANNUAL MAINTENANCE AGREEMENT REV.D 4. CUSTOMER INITIATED CHANGES REQUIRING UPGRADES In the event a customer requests or requires a software upgrade due to changes in their operating environment, such as but not limited to, changing their operating system or network software or installing new PC hardware, that results in ETEC software incompatibility or inoperability, the customer will be charged for the engineering time, at our current hourly rate, to restore the ETEC software to a functional state. If ETEC decides it is most expedient to upgrade the software to the a newer version the customer will not be charged for the newer software but will still be responsible for the engineering time required to make the customer's ETEC software operate correctly. 5. EQUIPMENT FROM OTHER MANUFACTURERS If the customer purchases IBM or other compatible equipment to be used as the AutoISSUE and/or AutoPROCESS Host Computer, through ETEC or elsewhere, then the original manufacturer must provide warranties and maintenance of such equipment. If these Computer System are leased through ETEC, or elsewhere, the warranty and maintenance of the host computer will be provided by the original equipment manufacturer, not by ETEC. ETEC will provide consultation and recommendations on corrective actions, which may be necessary. 6. EXCLUSIONS The original warranty, this maintenance agreement, and any other annual maintenance agreement shall become invalid if the product hardware or software is or has been abused, misused or altered. The original warranty and this maintenance agreement does not cover damage, includinf! broken displays or touch panels. due to abuse, neglect, mishandling or improper use. Remote access to the AutoISSUE and/or AutoPROCESS PC, via the Internet using PCAnywhere, must be available to Enforcement Technology technical staff in order for the warranty and maintenance agreements to be valid. First response under this agreement will be via the Internet. If the problem cannot be resolved, by telephone or returning the failed component for repair, a customer service representative will respond to the customer site. If our diagnosis of a malfunction of the system indicates the problem is caused by hardware or software not under our warranty or maintenance agreements, such as, but not limited to, the customer hardware which may be running our system or other hardware or software of the customer operating on the same system as our hardware and software, the customer will be billed for travel expenses and labor at our current hourly rate, plus materials, for our diagnosis and investigation of the maif'..mction. Paper products used in the AutoCITE, which were not provided through ETEC, are not supported either under warranty or under this agreement. Paper defects or disruption of normal use due to such defects or problems will not be the responsibility of ETEC. Use of paper products not supplied bv ETEC. or not adhering to our paper specifications may invalidate this agreement. Damage to touch screens, on all models that include a touch screen, due, in our opinion, to the user's failure to keep suitable screen protectors installed over the display, will not be covered under the warranty or this maintenance contract. Enforcement Technology installs suitable screen protectors on every device and offers such protectors for sale. If the Warranty or any Annual Maintenance Agreement on any hardware or software has expired, an additional checkout fee will be charged before approval and issue of a new service contract. Page 2 of 4 Cl: , ENFORCEMENT TECHNOLOGY, INC. 4129 Avenida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 AutoCITE, AutoISSUE and AutoPROCESS ANNUAL MAINTENANCE AGREEMENT REV.D ETEC is not and cannot be responsible for the installation, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Base Server software or any other third party software or hardware. 7. NORMAL USAGE The customer agrees not to alter the System components in any manner and agrees to operate them under normal working conditions. If any hardware components should be damaged, while in the possession of the customer by other than normal usage, the repair cost will be a maximum of $1,995.00 (for major damage) per unit damaged. If any hardware component should be lost, stolen, or damaged beyond repair, the total replacement cost shall be the original purchase price of the equipment (Example: AutoCITE Model Series 3 = $3,200). This maintenance agreement is the yearly maintenance contract which is being offered to you as a continuation of the original one-year warranty that was included as part of the purchase price. It can be extended each year, or renewed, for a small additional cost, and the execution of a new maintenance agreement each year. The attached schedule shows the coverage period and the cost of this agreement for the coming 12-month period. To avoid repair cost and keep your system under maintenance protection, please include your check for the indicated amount and execute this maintenance agreement by signing and returning a copy with your check. City or Agency Representative: Enforcement Technology, Inc.: ~D~~ Name: Title: Title: Engineering Director Date: Date: 3(;(05' Agency: Page 3 of 4 The Co1ony Page 4 of 4 Period to Be Covered By This Maintenance Agreement From: 04/01/05 To: 03/31/06 Articles Covered by Agreement Serial Number(s) for S4AMT Pro-Rated for 7 Months 60375 60376 60377 60378 60379 60380 Maintenance fee each $262.5 Quantity Sub Total $1575.0 Serial Number(s) for WSLV6 Pro-Rated for 7 Months 2732 Maintenance fee each $17.5 Quantity Sub Total $17.5 Serial Number(s) for S4AMT 60328 60329 Maintenance fee each $450.0 Quantity Sub Total $900.0 Serial Number(s) for WPM6 2674 Maintenance fee ea ch $30.0 Quantity Sub Total $30.0 AutoISSUE Software Sub Total $400.0 -------------- -------------- Tota1 $2,922.5 ~'fD LJ *The annual maintenance fees are the current fees and are good for the term of this agreement (12 months). Maintenance fees are subject to increase without notice and the next renewal of the annual agreement would be adjusted according to the new fees.