R-90-1461 - 6/14/1990RESOLUTION NO. )46 R
WHEREAS, the City of Round Rock has duly advertised for sealed
proposals for the purchase of a computer package for the purpose of
implementing a computer solution for the Municipal Court and the
Police Department, and -
WHEREAS, Unisys Corporation has submitted the most favorable
proposal for said computer package, and
'
WHEREAS, the City Council desires to accept the proposal ',of
Unisys Corporation for the acquisition of ICC application software and
Unisys hardware, and to authorize the purchase of said computer
•
package, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the proposal of Unisys Corporation is hereby accepted as the
most favorable proposal and the purchase of ICC application software
and Unisys hardware is hereby authorized.
RESOLVED this 14th day of June, 1990.
ATTEST:
RS06140A
E LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
(CUNT) $ 250,000
COUNCIL SUMMARY (GONT) PAGE 2
POLICE AND MUNICIPAL COURT AUTOMATION
DUE TO THE EXPENSE OF A PROJECT OF THIS SIZE. STAFF WAS INSTRUCTED TO
RESEARCH THE POSSIBILITY OF PHASING IN DIFFERENT PORTIONS OF THE
PROJECT OVER SEVERAL YEARS
A WORKABLE PHASING PLAN HAS BEEN DEVELOPED WHICH WILL ACCOMPLISH THE
PROJECT GOAL AS LONG AS THE TIME TABLES ARE FOLLOWED. THE PLAN HAS
THREE PHASES WHICH ARE SPREAD OUT OVER POUR YEARS.
(PHASING FLAN)
(PHASE 05E) - -- IMPLEMENTATION DATE- -(JUNE 1920,
(INCLUDES)- AUTOMATION OF ALL OF MUNICIPAL COURT RECORDS,TRAFFIC
CITATIONS,WARRANTS,POLICE CASE & ARREST FILES,ACCIDENTS,PAWN TICKETS &
FIELD INTERVIEW CARDS.
(COST INCLUDES) ONE PROCESSING UNIT CONFIGURED TO BE CAPABLE OF
HANDELING POLICE AND MUNICIPAL COURT. RECORDS THROUGH YEAR TWO.
SUFFICENT TERMINALS,CONNECTIONS AND COMPONENTS TO PUT MUNICIPAL COURT
AND THE POLICE DEPARTMENT IN OPERATION.
NECESSARY APPLICATION SOFTWARE TO AUTOMATE MUNICIPAL COURT RECORDS
COMPLETELY AND TO PARTIALLY AUTOMATE POLICE RECORDS.
SUFFICIENT MAINTANENCE, TRAINING AND SERVILE CONTRACTS TO BECOME
OPERATIONAL AND PROVIDE MAINTENANCE THROUGH THE END OF YEAR ONE.
(PHASE TWO) IMPLEMENTATION LATE "a3 ?1'
(INCLUDES) AUTOMATION OF ALL COMMUNICATIONS RECORDS, INTERFACE
WITH STATE AND NATIONAL COMPUTER SYSTEMS, INTERFACE WITH E —Y11 SYSTEM
& CONVERSION OF MUNICIPAL COURT TO A STAND ALONE SYSTEM.
(ESTIMATED GUST) -- $150,000
cCOST INCLUDES) - -- -ONE PROCESSING UNIT CONFIGURED TO MAINTAIN ALL
MUNICIPAL COURT RECORDS ON —LINE FOR FIVE YEARS.
ONE PROCESSING UNIT CONFIGURED TO MAINTAIN ALL COMMUNICATIONS
RECORDS, STREET AND LOCATION FILES AND THE S iF'I WADE NECESSARY TO
ACCOMPLISH THE INTERFACES WITH STATE AND NATIONAL LOYPUIERS AND
NECESSARY APPLICATION SOFTWARE TO AUTOMATE GOMMUNILATIONS REc0RLS AND
TO ESTABLISH NECESSARY INTERFACES.
SUFFICIENT MAINTENANCE, TRAINING AND SERVICE CONTRACTS TO BECOME
OPERA1IONAL AND PROVIDE MAINTENANCE FUR UNE YEAR.
(ESTIMATED COST) -- $150,000
COUNCIL SUMMARY cCONT? PAGE
POLICE AND MUNICIPAL COURT AUTOMATION
(PHASE THREE) IMPLEMENTATION DATE-- <'—'Y4 FY)
'INCLUDES) - - - --- CAPABILITY FOR OFFICERS TO ALCESS ALL ASF'ECIS OF THE
COMPUTER SY FROM IN THE FIELD. PROVIDES ABILITY FOR OFF1LERS 10
COMPLETE ALL OF THEIR REPORTING ON THE COMPUTER SYSTEM WITHOUT HAVING
TO LEAVE THEIR ASSIGNED PATROL AREAS. AUTOMATION OF CRIMINAL
INTELLIGENCE FILES, TRAINING RECORDS, PERSONNEL REORDS, AND INTERFACE
WITH UTILITY BILLING RECORDS.
<COST INCLUDES) -- SUFFICIENT MOBILE DATA TERMINALS AND RADIO EQUIPTMENT
FOR PATROL UNITS AND THE BUILDING.
NECESSARY APPLICATION SOFTWARE TO COMPLETE AUTOMATION OF POLICE
RECORDS AND ESTABLISH THE MOBILE DATA TERMINAL AND UTILITY BILLING
INTERFACES.
SUFFICIENT - MAINTENANCE, TRAINING AND SERVICE CONTRACTS TO EECCOME
OPERATIONAL AND PROVIDE MAINTENANCE FOR ONE YEAR.
COST SUMMARY
AUTOMATION OF POLICE AND MUNICIPAL COURT
(COST OF ALL THREE PHASES SPREAD OUT OVER A FOUR YEAR PERIOD?
TOTAL POLICE RECORDS AUTOMATION COSTS - -3 4 /0.000
TOTAL MUNICIPAL COURT RECORDS AUTOMATION CO,_TS 00,000
GRAND TOTAL AUTOMATION COSTS (ESTIMATED ? - -- F 550.000
(PHASE ONE)
POLICE
ACCIDENTS
ARREST'S AND JAIL BOOKING
INVESTIGATOR CASE MANAGMENT
EVIDENCE
RECOVERED PROPERTY
FIELD INTERVIEWS
JUVENILE RECORDS
OFFENSE AND INCIDENT REPORTS
UNIFORM CRIME REPORTS
WARRANTS
CITATIONS
nlunlL11'AL cOUR1
CITATIONS WARRANTS
SUBPOENA'S DOCKETS
WARRANT LETTERS JURY SUMMONS
ACCOUNTING DISPOSITIONS
STATE REPORTS ANALYSIS REPORTS
COMPLAINTS FILING
STORAGE
COST' BREAKDOWN
HARDWARE 151,005
SYSTEM SOFTWARE 10,921
APPLICATION SOFTWARE 72,500
PROJECT MANAGEMENT 12.800
HARDWARE MA 1 N 1'ENANLE. 1 1 , 5;:0
SOFTWARE MAINTENANCE 5.600
MISCELLANEOUS EXPENSES 4,900
SUBTOTAL 269,312
LESS HARDWARE DISCOUNT - 26,9:8
GRAND TOTAL
PAWN SHOP RE,_,DRDR
(.,RIME ANALYSIS
IMPOUNDS
FINGERPRINTS
ACTIVITY ANALYSIS
CLOSE PATROLS
BRIEFING RECORDS
TRAFFIC STOPS
STORAGE
CALLS FOR SERVICE
RADIO LOGS
E -911 INTERFACE
(PHASE TWO)
POLICE
MUNICIPAL COURT
CONVERSION TO STAND ALONE SYSTEM
ESTIMATED COSTS
HARDWARE 100,000
SOFTWARE 50,000
TOTAL 150,000
ICIO /NCI, INTERFACE
GEO -BANK ADDRESS SYSTEM
HARDWARE
SOFTWARE
TOTAL
ESTIMATED COSTS
(PHASE THREE)
POLICE
CRIMINAL I'NLELLIUENCE FILES
PERSONNEL RECORDS
MDT INTERFACE
80,000
70,000
1 '30,000
iRAININU RECORDS
ALARMS FILES
U,B INTERFACE
DATE: June 12, 1990
SUBJECT: City Council Meeting, June 14, 1990
ITEM: 25A. Consider a resolution authorizing the7Mayor to enter
into a contract for the purchase of a' computer for the
Police Department.
STAFF RESOURCE PERSON:
STAFF RECOMMENDATION:
TIM RYLE / DAVID KAUTZ
POLICE AND MUNICIPAL COURT AUTOMATION
THE PROPOSED SOLUTION WILL INVOLVE UNISYS CORPORATION AS THE HARDWARE VENDOR
AND INFORMATION COMMUNICATION CORPORATION (ICC) AS THE APPLICATION SOFTWARE
VENDOR.
UNISYS CORPORATION WILL SERVE AS THE PRIME CONTRACTOR IN THIS SOLUTION WHICH
WILL MAKE THE UNISYS CORPORATION RESPONSIBLE FOR THE PERFORMANCE OF NOT ONLY
THE HARDWARE BUT ALSO THE APPLICATION SOFTWARE.
UNISYS CORPORATION IS ALSO PUTTING UP A PERFORMANCE BOND AT THEIR EXPENSE.
CONCERNS ABOUT WHETHER THE NEW DATABASE VERSION WOULD CURE THE SLOWING DOWN
PROBLEMS WHICH DEVELOPED IN THE OLD DATABASE WERE ANSWERED SATISFACTORILY.
STAFF HAS KEPT CLOSE CONTACT WITH REFERENCE AGENCIES AND THEY HAVE INFORMED
US THAT THE NEW DATABASE HAS CURED WHAT PROBLEMS THEY HAVE HAD.
(COSTS)
POLICE MUNICIPAL COURT
PHASE ONE ( PROPOSED HEREIN ) 193,000 57,000
PHASE TWO ( FY -92 -93 110,000 40,000
PHASE THREE ( FY -93 -94 ) 150,000 -0-
NOTE: PHASES TWO AND THREE WILL BE DEVELOPED AS FUNDING IS DEVELOPED.
HOWEVER, THESE PHASES INVOLVE EXPANSIONS WHICH WILL BECOME NECESSARY
STARTING IN YEAR THREE. THIS IS PENDING APPROVAL OF THE CONTRACT
BY BY THE CITY ATTORNEY.
UNISYS
July 9, 1990
Mr. Mike Robinson, Mayor
City of Round Rock Police Departimnt
2008 Enterprise Drive
Round Rock, TX 78664
Dear Mr. Robinson:
Thank you for your recent order for Unisys products.
Enclosed is a fully executed copy of the agreement between Unisys
Corporation and City of Round Rock, signed by Unisys on June 15, 1990.
If I can be of further assistance, please call
Sincerely,
William T. Geri
Director of Contracts
(404) 851 -3974
WIG /nb
Enclosure
cc: Wanda Hausmann
Jerry Iewallen
Unisys Corporation
4151 Ashford Dunwoody Road
Suite 600E
Atlanta GA 30319
14602,
AGREEMENT BETWEEN
U N I S Y S C O R P O R A T I O N
AND
CITY OF ROUND ROCK
WILLIAMSON COUNTY, TEXAS
Revised June 14, 1990
ACS FCR PCLICB/iIlDIIIPAL WORT SYSTEM
CITY CF IME1 RCCR, TEXAS
THIS AGREEMENT, is made and entered into as of the date executed by the City, between
Unisys Corporation, a Delaware corporation, with its principal place of business at
Township Line and Union Meeting Roads, Blue Bell, Pennsylvania, 19426, hereinafter
referred to as "Unisys ", and the City of Round Rock, Williamson County, Texas, a
Municipal Corporation duly organized under the Laws of the State of Texas,
hereinafter referred to as the "City ".
FH EREAS, pursuant to a Request For Proposal, updated August 29, 1989, ( "RFP ")
regarding furnishing to the City a Police/Municipal Court System, Unisys sutmitted a
proposal, dated SepteMber 26, 1989, in response the the RFP; and
SEAS, the City did accept the proposal of Unisys subject to the negotiation of a
formal contract; and
WEEREAS, The City desires to enter into this contract with Unisys for furnishing to
City the Police /Municipal Court System including software from Information
Communication Corporation, wherein named ( "ICC "), pursuant to the City's Requests for
Proposal;
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions
1.1 Software means the object code version of computer programs and any related
documentation, excluding maintenance diagnostics. Software also means the source
code version, where provided by Unisys.
1.2 Prndncts means equipment, Software, documentation, including manuals, and
educational materials.
1.3 Software Pro rasing Unit ( "SPtr) nuns equipment which controls and executes
Software.
1.4 Services means all forms of installation, maintenance and support for the
Products, systems services and education.
1.5 Proprietary Infoaticn Weans Software, documentation, including manuals,
and any other information confidential to Unisys or its licensors.
1.6 Installation Date means the date Unisys completes installation (as
determined by Unisys), and certifies that the Product(s) is ready for use, or, if
equipment or Software is to be installed by City, the tenth day following
shipment.
1.7 Acceptance Date means the date thirty (30) days following the date the
Product is installed or the Service is performed, or the date the Product
operates in substantial accordance with the Acceptance Criteria as set forth
herein.
2. Effective Date
This Agreement will become effective when signed by duly authorized
representatives of both parties and will continue in effect until terminated
according ng to its terms.
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3. Schedules - Ordering Procedure - Scope of Contract
3.1 Unisys will furnish to City and City will accept and pay for the Products
and Services itemized on the following schedules which, together with the terms
on the Schedules, and the following Attachments, are an integral part of this
Agreement. This Agreement specifies the contractual terms and conditions by
which the City will procure Products and services from Unisys including but not
limited to: procuring the computers and associated equipment, providing license
for Unisys and ICC Software, providing technical resources and providing training
and services in implementing the Police /Municipal Court System. The City's
Request for Proposal dated August 29, 1989, as modified by Unisys's Proposal
dated September 26, 1989, is incorporated by reference into this Agreement. In
construing the rights and obligations between the parties, the order of priority
between the documents which comprise the Agreement ( "Agreement ") shall be as
follows:
This Agreement with the following Schedules and Attachments:
Schedule Name
A Equipment Sale
B Equipment Maintenance Services
C -1 Unisys Software Licenses and Support Services
C -2 ICC Software Licenses and Support Services
D Systems Services
Attachment A Payment Schedule
Attachment B Unisys Surety Service Support Addendum
Attachment C Unisys Response dated September 26, 1989, to RFP
dated August 29, 1989 (including Best and Final Offer)
Attachment D ICC response dated September 26, 1989, to RFP dated August
29, 1989
Attachment E City of Round Rock RFP dated August 29, 1989
Attachment F Implementation Schedule
All references to Products and Services in this Agreement are to the Products and
Services listed on the Schedules and on any Schedules submitted to and accepted
by Unisys pursuant to Section 3.2.
3.2 City may order additional Products and Services under this Agreement by
submitting properly completed Unisys Schedules. All Schedules will refer to this
Agreement by number and will be signed by City. All educational lecture courses
must be ordered on a Customer Course Enrollment Application.
3.3 All orders are subject to acceptance by Unisys, and the Unisys policies and
charges in effect on the date of acceptance will apply. Acceptance by Unisys
will be effective when communicated in writing to City. The receipt or deposit
by Unisys of City's down payment will not constitute acceptance of an order. Any
down payment received from City will be returned if the order is not accepted by
Unisys.
4. Delivery and Installation
4.1 Unisys will arrange for delivery of Products and City will pay for
transportation in accordance with the Unisys published transportation charges in
effect at the time of delivery or, if Unisys has not published any such charges,
City will pay Unisys for transportation charges actually incurred.
- 3 -
4.2 Unisys will provide City with one copy of the then current user
documentation for use with the Products ordered and environmental specifications
for equipment, where applicable. Prior to delivery of equipment, City will
prepare the installation site and will continue to maintain the installation site
in accordance with such specifications.
4.3 City will install all items of equipment with the designation "Y" in the
Customer - installable column, when there is no charge listed in the Installation
Charge column of Schedule A. Unisys will install all other items of equipment.
City will install all items of Software other than those for which a fixed
installation charge is indicated on Schedule D.
4.4 City may arrange for installation by Unisys of Customer - installable
Products, subject to the then current standard Unisys charges and conditions.
4.5 If additional labor and rigging is required for installation due to City's
special site requirements, City will pay those costs including costs to meet
union or local law requirements.
4.6 City will pay for all cables and other site specific installation materials
required to install the system at the Customer site.
5. Payment
City shall pay Unisys for all Products and Services covered by this Agreement as
set forth on the Payment Schedule, Attachment A, attached hereto and made a part
hereof by reference. All payments are due within thirty (30) days of receipt of
invoice.
For all charges not specifically referenced in Attachment A, the following
provisions shall apply:
5.1 Charges for Products will be invoiced upon shipment.
5.2 Charges for Equipment Maintenance Services and Software Support Services
will be invoiced in advance, monthly or annually, or at other periodic intervals
indicated in the applicable Schedule following the Installation Date; otherwise,
charges will be invoiced after the services are performed.
5.3 Charges for Systems Services will be invoiced as the services are performed.
5.4 All charges must be paid no later than 30 days from invoice date. Unisys
may impose a late payment charge equal to the lesser of (a) 1 1/2% per month or
(b) the maximum rate allowed by law.
5.5 Additional charges may apply to services rendered outside contracted hours
or beyond normal coverage at Customer's request, e.g. travel expenses, premium
and minimum charges. •
5.6 Training and Education as listed in Schedule D will be invoiced upon
completion and will be due within 30 days of invoice.
6. Taxes
6.1 The City is tax exempt. However, if any change in such status occurs or
City becomes obligated to pay taxes, this Section shall apply. City will pay any
tax Unisys becomes obligated to pay by virtue of this Agreement, exclusive of
taxes based on the net income of Unisys.
- 4 -
6.2 All personal property and similar taxes assessed after shipment will be paid
by City.
6.3 Unisys agrees to notify City of any notices to pay such taxes and to hold
payment until City has exhausted any and all remedies available to City to avoid
such payments or until the allowable payment period is within three (3) business
days of expiration. City shall indemnify and save Unisys from against any such
taxes set forth in this section which may be incurred by Unisys and City agrees
to pay Unisys upon demand for such taxes paid by Unisys.
7. Price Protection
7.1 The charges for Products in any accepted order will remain firm through
delivery, unless through no fault of Unisys shipment takes place more than one
year after the date of the order. If Unisys notifies City that an increase in
charges will apply to its order, City may terminate the affected part of its
order by giving written notice to Unisys within ten days of the date of
notification of the increase.
7.2 Equipment Maintenance Services charges will not be increased during the
first twelve months following the commencement date of service, but may be
increased thereafter upon 90 days' prior written notice to City.
7.3 Charges for Software Licenses, Software Support Services and Systems
Services will not be increased during any one -year term, but may be increased
prior to any subsequent term upon 90 days' prior written notice to City. If
Software or services are contracted on a month -to -month basis the charges may be
increased at any time following 90 days notice.
8. Security Interest
Unisys reserves a purchase money security interest in equipment until payment in
full is received for all equipment delivered to City and, for that purpose, this
Agreement is a security agreement. Upon request by Unisys, City will execute the
necessary financing statements; alternatively, Unisys may file this Agreement or
a copy of this Agreement to perfect its security interest. If this Agreement or
a copy of it is filed, information concerning the security interest may be
obtained from Unisys at the address stated in Section 22.
9. Customer's Operational Responsibilities
9.1 Based upon the responses by Unisys and ICC, the City acknowledges it has
determined that the Products and Services ordered under this Agreement meet its
requirements.
9.2 City has sole responsibility for use of the Products, including operating
procedures, audit controls, accuracy and security of input and output data,
restart and recovery routines, and other procedures necessary for City's intended
use of the Products.
9.3 City will ensure that its personnel are, at all times, educated and trained
in the proper use and operation of the Products and that the Products are used in
accordance with applicable Unisys manuals and instructions.
9.4 City will maintain back -up data necessary to replace critical City data in
the event of loss or damage to such data from any cause.
9.5 Accurate coding and entry of reports, including the reports referenced in
Section 17 of this Agreement, is the responsibility of the City.
- 5 -
10. Protection of Proprietary Information
10.1 City will keep in confidence and protect Proprietary Information from
disclosure to third parties and restrict its use as provided in this Agreement.
City acknowledges that unauthorized disclosure of Proprietary Information may
cause substantial economic loss to Unisys or its licensors. All materials
containing Proprietary Information will be marked with "Proprietary,"
"Confidential," or in a manner which gives notice of its proprietary nature.
Proprietary Information will not be copied, in whole or in part, except when
essential for correcting, generating or modifying Proprietary Information for
City's authorized use. Each copy, including its storage media, will be marked by
City with all notices which appear on the original.
10.2 Upon termination or cancellation of any license granted under this
Agreement, City will destroy (and, in writing, certify destruction) or return to -
Unisys all copies of the Software the license for which has been so terminated or
cancelled and any other related Proprietary Information in City's possession
(including Proprietary Information incorporated in other software or writings).
10.3 City will inform its employees of their obligations under this Section 10
and instruct them so as to ensure such obligations are met.
10.4 This Section 10 will survive termination or cancellation of this Agreement.
11. License
11.1 Unisys grants to City a personal, non - exclusive and non - transferable
license to use Software and related documentation according to the terms and
conditions of this Agreement, including Schedule C, solely for City's internal
data processing requirements on the Unisys SPU in the United States on which the
Software is initially installed. City's use of Software will also be governed by
any additional conditions which Unisys may provide on or prior to delivery of
Software.
11.2 City may modify any Unisys application Software and may combine such with
other programs or materials to form an updated work, provided that upon
discontinuance or termination of the license, the Unisys application Software
will be removed form the updated work and returned to Unisys.
11.3 City will not decompile or disassemble any Software provided under this
Agreement or modify Software which bears a copyright notice of any third party.
City will make and maintain no more than one archival copy of each item of
Software, and each copy will contain all legends and notices and will be subject
to the same conditions and restrictions as the original.
11.4 If the SPU on which any item of Software is licensed becomes temporarily
unavailable, use of such Software may be temporarily transferred to an
alternative SPU.
11.5 If City desires to use Software in a service bureau mode, at another
location, or for more than one SPU, City shall request prior permission in
writing from Unisys. Unisys will then advise City whether, and under what terms
and conditions, Unisys will license the Software as requested.
11.6 This Agreement does not transfer to City title to any intellectual property
contained in any Software, documentation or Proprietary Information.
Documentation licensed hereunder does not include any materials designed for or
used in the maintenance of equipment.
- 6 -
12. Equipment Maintenance Services
12.1 Equipment Maintenance Service will be provided by Unisys under the terms
and conditions of Unisys SURETY Service Support Addendum to the Consolidated
Agreement, attached hereto and incorporated herein as Attachment B.
13. Software Support Services
13.1 Unisys offers Software Support Services for all Software warranted by
Unisys, and for some unwarranted Software.
13.2 When Unisys issues a revision level for an item of Software, it will
continue to support the previous level for a period of not less than six months
13.3 Unisys may eliminate Software Support Services or change the levels of
support available for an item of Software upon six months' written notice or at
the expiration of the then current term for Software Support Services, whichever
occurs earlier.
13.4 Unisys offers Software Support Services for the operating system software
which is the subject of this Agreement pursuant to the terms and conditions of
Attachment B, Unisys SURETY Service Support Addendum.
13.5 ICC Software - Following Acceptance of ICC Software, as specified herein,
City shall contract directly with ICC for support and maintenance of ICC
Software, as referenced on Schedule C -2.
14. Systems Service
14.1 Unisys will endeavor to provide Systems Services on a timely basis subject
to availability of qualified personnel and the difficulty and scope of the
services to be provided.
14.2 Unisys may assign, reassign and substitute personnel at any time and may
provide the same or similar services and materials to other customers.
14.3 Systems Services supplied by Unisys under this Agreement are provided to
assist City. City, not Unisys, will be responsible for determining objectives
and obtaining the desired results.
14.4 Any ideas, concepts, know -how, data - processing techniques, Software or
documentation developed by Unisys personnel (alone or jointly with City) in
connection with Systems Services provided to City will be the exclusive property
of Unisys. Unisys grants to City a non - exclusive, royalty -free license to use
the Software in accordance with the terms of this Agreement.
14.5 Unisys will make available and City may purchase additional services in the
form of project management, training, education classes, file and data
conversions, custom software development and operations support, based on the
City's needs and Unisys availability of personnel, at Unisys then current prices.
15. Warranties and Disclaimers
15.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES,
EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. UNISYS DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS'TO
BOTH UNISYS AND NON- UNISYS PRODUCTS. UNISYS WARRANTIES EXTEND SOLELY TO CITY.
- 7 -
15.2 Equipment Warranty and Disclaimers
(a) Unisys warrants that equipment will be free from defects in material and
workmanship for a period of 12 months from its Installation Date. Equipment
will be newly manufactu red. During this twelve month warranty period, Unisys
will repair or replace any defective item of equipment or part or component of
equipment pmnptly reported or sent to Unisys by City which Unisys determines was
defective due to faulty material or workmanship. City will pay transportation
and insurance costs to ship equipment if an off -site repair location is
designated by Unisys; Unisys will pay the return costs is the equipment was
defective. Labor costs of diagnosis are not included in this warranty.
(b) Because equipment requires on -going maintenance, the preceding warranty is
not a substitute for Equipment Maintenance Services, which are available to City
for a charge. Equipment Maintenance Services, whether provided during the
warranty period or thereafter, do not cover repair of damage attributable to
(i) non Unisys products and services, alterations or out -of- specification
supplies,
(ii) accidents, misuse, negligence or failure of City to follow instructions
for proper use, are and cleaning of equipment,
(iii) external factors (e.g., failure or fluctuation of electrical power or
air conditioning, fire, flood), or
(iv) failure by City to comply with Unisys environmental specifications.
(c) Unisys makes no representation or warranty as to non - Unisys equipment
provided to City, all of which is sold or licensed to City AS IS." City agrees
to look solely to the warranties and remedies, if any, provided by the
manufacturer.
15.3 jiipi it Maintenanro Services liaaanty
Unisys warrants that equipment will be maintained in good working order provided
that it is continuously subject to Unisys Equipment Maintenance Services and
under normal use. Unisys sole and exclusive obligations under this warranty will
be to repair such equipment.
15.4 Software Warranty and rdsclaimers
(a) Each item of Software with the designation "W" on Schedule C is, in its
unaltered form, warranted for 90 days from its Installation Date to conform
substantially to the then current published functional specifications or the
Acceptance Criteria, respectively, as defined herein, provided such Software is
used in a manner consistent with any applicable Unisys minimum equipment and
software configuration specifications. Unisys will satisfy this warranty if it
makes reasonable efforts to correct such errors reflecting significant deviations
from the functional specifications or the Acceptance Criteria as are reported by
City to Unisys during such warranty period.
(b) Because not all errors in Software can or need to be corrected, Unisys does
not warrant that all Software defects will be corrected. Except for the ICC
Software set forth on Schedule C -2 in relation to the City's RFP, Unisys does not
warrant that the functions contained in the Software will meet City's
requirements or that the Software will operate in combinations selected for use
by City.
- 8 -
(c) All other Software delivered by Unisys, including non - Unisys Software, is
licensed "AS IS." Except for the ICC Software pursuant to Section 24 of this
Agreement, in the case of non - Unisys Software, Customer agrees to look solely to
the warranties and remedies, if any , provided by the Unisys licensor or vendor.
Notwithstanding the above, Unisys will provide Software of Information
Communication Corporation ( "ICC ") with a license and warranty, as specified
herein.
16. Acceptance Criteria for Unisys equipment and operating system software
There shall be a Performance Test for the equipment delivered initially pursuant
to this Agreement, to determine the effectiveness of the system as delivered.
The Performance Test shall be as follows ( "Acceptance Criteria "):
A. The Performance Test shall commence when Unisys certifies in writing that
the Equipment is installed and ready for use by the City.
B. The Performance Test shall be deemed passed and the Equipment deemed
accepted when the system operates in substantial accordance with Unisys
published specifications therefor at an "Effectiveness Level" of ninety
percent (90 %) or more uptime on processors, memory and on peripherals for
thirty (30) consecutive working days within the first ninety (90) days
following the certification for use date. One thirty (30) day period
need not end for another to begin.
C. The "Effectiveness Level" is defined as the percentage calculated by
dividing the "Operational Use Time by the sum of the "Operational Use
Time" plus "System Failure Downtime ".
D. "Operational Use Time" is defined as that time during which the Central
Processing Unit is in actual operation or is available for such operation
during the contracted for Principal Period of Maintenance.
E. "System Failure Downtime" is defined as that time which the system is
inoperable due to equipment failure, during the agreed upon Principal
Period of Maintenance, where such failure prevents all productive or
simulated work being utilized for the Performance Test, excluding those
failures due to causes external to the system, including but not limited
to the fault or negligence of the City. Downtime for each incident shall
start from the time the City notifies Unisys until the equipment is
returned to the City in proper operating condition, exclusive of actual
travel time required by Unisys Field Engineers.
F. The City shall maintain appropriate daily records to satisfy the
requirements under the Performance Test (such as System and Maintenance
Logs) subject to Unisys reasonable review of such records.
G. Silence by the City after 30 days following receipt of written notice of
Installation by Unisys shall be deemed as final acceptance.
- 9 -
H. In the event the system fails to meet the Acceptance Criteria within the
90 -day period as set forth above, City shall provide Unisys written
notice of specific deficiency in meeting the Acceptance Criteria, prior
to expiration of the 90 -day test period, in reasonable detail to allow
Unisys to ascertain the nature and extent of such deficiency. Unisys
will then have up to sixty (60) days from receipt of such notice ( "Cure
Period ") to correct the deficiency and to demonstrate to City performance
of the system in substantial conformance to the Acceptance Criteria,
which shall then be the Acceptance Date. In the event the System fails
to meet the Acceptance Criteria at the end of the 60 -day Cure Period,
City shall elect one of the following options:
(1) Deem the system to be in substantial conformance with expected
performance criteria and accept the system as is; or
(2) Extend the cure period; or
(3) City may elect to terminate the Agreement for failure of the system
to function in substantial conformance with the Acceptance Criteria.
If City terminates in accordance with the above provision, title to the
equipment shall revert to Unisys and City shall immediately return the
terminated equipment to Unisys, free from all liens and encumbrances, in
as good conditions as when received, reasonable wear and tear excepted.
City shall also return any Software (including any and all copies made by
City) and all operating manuals and all other documentation supplied by
Unisys. Unisys shall, upon the return of all Equipment, Software and
documentation, as City's sole and exclusive remedy for performance
deficiencies, refund to City all monies for equipment payments and
software licenses received by Unisys from City under this Agreement.
Upon such refund by Unisys there shall be no further obligation or
liability on the part of either party under this Agreement as to the
terminated items, except for obligations of confidentiality and
protection of Unisys proprietary rights, which shall remain in full force
and effect.
On -going Performance and Capacity - The equipment configuration (CPU and disk
drive) specified on Schedule A, at operating system software release levels
initially installed, is of sufficient capacity to support application software
listed on Schedule C -2 (ICC Software), at the release level shown on Schedule C-
2, for a period of twenty four (24) months from the date of Installation of the
ICC Police Records Management System. During such 24 -month period, the subject
system will provide a maximum average response time of five (5) seconds for
single record number retrieval, ninety percent (90 %) of the time such system is
in operation. The maximum response time is based on the transaction volume
stated in the RFP; any increase in the City transaction volume or significant
change in the scope of the City's use of the system would void this provision.
In the event the system fails to meet such performance standard,
- 10 -
Unisys shall use commercially reasonable efforts in Unisys sole discretion to
bring the system into compliance, at no additional charge to the City. The City
is responsible for proper database management and user time allocation under
normal use.
In the event, within the 24 month period, this standard is not attained,
Customer's sole and exclusive remedy shall be the option to terminate the
Agreement as set forth in Section 16.H. above. Notwithstanding the above, the
maximum response time for a single record retrieval will be no more than five
seconds when all allowable terminals are logged onto the computer and users are
entering or retrieving information. It is recognized that reports and "batch"
processes that must extract information from the entire database, sort and
format the information require "above normal" computer resources and will not be
conducted during any performance tests. This type of activity should be
reserved for off -peak periods.
17. Acceptance Criteria for ICC Software
A. City shall have a period of Thirty five (35) days (beginning on the first day
of the calendar month) from the completion of Installation and Training to
test the Software of Information Communication Corporation ( "ICC ") to
determine that such ICC Software identified on Schedule C -2 functions in
substantial conformance with ICC published functional specifications, as set
forth below ( "ICC Acceptance Criteria "):
(1) The Police Records Management System ( "RMS ") software acceptance test
will begin on the first day of the calendar month following completion
of installation and training of the RMS module. The Software shall
accurately produce uniform crime reports as requested in the RFP.
(2) During the test period, the maximum response time for single record
number retrieval will be no more than five (5) seconds. For purposes of
this Agreement response time is defined as follows: Response time is
defined as starting when the transmit key is depressed and ending when
the first character is received on the screen.
(3) The Municipal Court Citation Management System ( "CCS ") acceptance test
will begin on the first day of the calendar month following completion
of installation and training of the CSS module. The Software shall
accurately produce state reports as requested in the RFP.
(4) The Municipal Court Module shall accurately produce court dockets for
thirty (30) days.
(5) The City will notify Unisys in writing upon acceptance of each
application software module.
- 11 -
B. In the event the ICC Software fails to meet the Acceptance Criteria within
the forty five (45) day period as set forth above, City shall provide written
notice to Unisys of such deficiency in meeting the Acceptance Criteria, in
reasonable detail to allow Unisys to ascertain the nature and extent of such
deficiency. Unisys will then have up to sixty (60) days from receipt of such
notice to correct such deficiency ( "cure period ") and to demonstrate such
correction to City, which shall then be the Acceptance Date. In the event
the ICC Software fails to meet the Acceptance Criteria at the end of the 60-
day cure period, City shall elect one of the following options:
(1) Deem the ICC Software to be in substantial conformance with expected
performance criteria and accept the ICC Software as is; or
(2) Allow for one additional thirty (30) day test period, by furnishing
Unisys with a written list specifying deficiencies in the ICC Software.
Unisys shall have up to thirty (30) days from the receipt of such notice
to attempt to remedy such defects, which, when resolved, shall cause
City to accept the ICC Software in writing; or
City may elect to terminate the Agreement for failure of the ICC
Software to function in substantial conformance with the Acceptance
Criteria.
(3)
If City terminates in accordance with the above provision, the City shall
return any Software (including any and all copies made by City) and all
manuals and all other documentation supplied by Unisys. Unisys shall, upon
the return of all Software and documentation, as City's sole and exclusive
remedy for software performance deficiencies, refund to City any monies for
the software license received by Unisys from City under this Agreement. Upon
such refund by Unisys there shall be no further obligation or liability on
the part of either party under this Agreement as to the terminated items,
except for obligations of confidentiality and protection of Unisys
proprietary rights, which shall remain in full force and effect.
C. Notwithstanding the above, the maximum response time for a single record
retrieval will be no more than five seconds when all allowable terminals are
logged onto the computer and users are entering or retrieving information.
It is recognized that reports and "batch" processes that must extract
information from the entire database, sort and format the information require
"above normal" computer resources and will not be conducted during any
performance tests. This type of activity should be reserved for off -peak
periods.
D. Any and all Modifications in Attachment D, ICC Response, are not included
under this Agreement. Any such modifications desired by City shall be
subject to a separate contract between the City and ICC.
- 12 -
18. Alterations and Attachments
18.1 If Unisys is providing Equipment Maintenance or Software Support Services,
City will give Unisys prior written notice of any proposed alterations or
attachments to equipment. Unisys has no obligation to provide Equipment
Maintenance Services for non- Unisys attachments or altered equipment or to
provide Software Support Services for modified Software. Should Unisys agree to
maintain, support or correct altered Products, Unisys may impose additional
charges.
18.2 Unisys is not responsible for any malfunction, nonperformance or
degradation of performance of Products, supplies or maintenance support materials
caused by or resulting directly or indirectly from any alteration or attachment.
18.3 Unisys warranties will not apply if attachment of non - Unisys equipment or
alteration of Products directly or indirectly results in any malfunction,
nonperformance or degradation of performance of Unisys Products; in addition,
City will be solely responsible for resulting infringement, personal injury or
damage to property and Products.
18.4 For purposes of this Agreement, "alterations" includes, but is not limited
to, the incorporation of non - Unisys components, boards and subassemblies into
equipment, as well as modifications to Software. "Attachments" includes, but is
not limited to, any non - Unisys equipment, components or devices which are
connected to Unisys Products.
19. Limitation of Liability
19.1 Unless further limited elsewhere in this Agreement, the entire liability of
Unisys and City's exclusive remedy for damages from any cause related to or
arising out of this Agreement, regardless of the form of action, whether in
contract or in tort, will not exceed the value of this Contract as listed on
Schedules A, C, and D. Notice pursuant to Section 22.5 for the Products or
Services which are the subject matter of or directly related to the causes of
action asserted. This limitation of liability does not apply to claims covered
by Section 20.
19.2 In no event will Unisys be liable for (a) any incidental, indirect, special
or consequential damages, including, but not limited to, loss of use, revenues,
profits or savings, even if Unisys knew or should have known of the possibility
of such damages, (b) claims, demands or actions against City by any person,
except as provided in Section 20, or (c) loss of or damage to City data from any
cause.
19.3 Except for the ICC products provided herein, the entire liability of Unisys
and City's exclusive remedy for any defective non - Unisys Products provided under
this Agreement is limited to their return to Unisys within 90 days after shipment
for refund of the amount paid to Unisys for such Products (not including any
amounts paid for related Services).
19.4 Unisys may direct City to third parties having products or services which
may be of interest to City for use in conjunction with the Products.
Notwithstanding any Unisys recommendation, referral or introduction, City will
independently investigate and test third -party products and services and will
have sole responsibility for determining suitability for use of third -party
products and services. Unisys has no liability with respect to claims relating
to or arising from use of third -party products and services, following the
Acceptance Date for ICC Software, as defined herein.
- 13 -
20. Patent, Copyright and Trade Secret Indemnification
20.1 Unisys, at its own expense, will defend and indemnify City against claims
that Products furnished under this Agreement infringe a United States patent or
copyright or misappropriate trade secrets protected under United States law,
provided city (a) gives Unisys prompt written notice of such claims pursuant to
Section 22, (b) permits Unisys to defend or settle the claims, and (c) provides
all reasonable assistance to Unisys in defending or settling the claims. '
20.2 As to any Product which is or, in the opinion of Unisys, may become subject
to a claim of infringement or misappropriation, Unisys may elect to (a) obtain
the right of conti use of such Product for City or (b) replace or modify such
Product to avoid such claim. If neither alternative is available on commercially
reasonable terms, then, in the case of equipment, at the request of Unisys, City
will discontinue use and return such equipment and Unisys will grant a credit for
the price paid to Unisys, less a reasonable offset for use and obsolescence; in
the case of Software, the applicable license will be terminated and no further
charges will accrue.
20.3 Unisys will not defend or indemnify City if any claim of infringement or
misappropriation (a) is asserted by a parent, subsidiary or affiliate of City,
(b) results from City's design or alteration of any Product, or (c) results from
use of any Product in combination with any non - Unisys Product.
20.4 This Section states the entire liability of Unisys and City's sole and
exclusive remedies for patent or copyright infringement and trade secret
misappropriation.
21. Termination and Cancellation
21.1 Unisys may suspend Equipment Maintenance Services or Software Support
Services if any payment under this Agreement is past due more than 30 days.
21.2 Either party may terminate (a) any license for Software, (b) Software
Support Services for any item of Software, or (c) Equipment Maintenance Services
for any item of equipment, upon expiration of the applicable term by providing 30
days' prior written notice. Failure to give such notice will result in a renewal
or extension of the license or service in accordance with the provisions of the
applicable Schedule. The licenses for any Software automatically terminate upon
City's discontinuance of use of the SPU'on which the Software was licensed, at
which time City must either destroy or return the Software to Unisys.
21.3 Without prejudice to other remedies, Unisys may cancel this Agreement or
any order placed under it, for default and repossess Products (excluding only
equipment for which the purchase price has been fully paid) if, upon written
notice, City fails to (i) make any payment identified as delinquent (including
payment of charges for Services) within ten days or (ii) cure any default
relating to Sections 10 or 11 within 30 days.
21.4 Unisys may terminate Software Support Services on 30 days' prior written
notice if Unisys determines that any City software modification or failure to
install a maintenance release will interfere with the provision of such services.
21.5 Termination or cancellation of this Agreement will not affect any rights or
duties arising under it with respect to Proprietary Information or security
interest.
- 14 -
21.6 In the event Unisys fails to deliver the equipment which is the subject of
this Agreement, within sixty (60) days of Unisys acceptance of this Agreement,
Customer may terminate this Agreement by providing Unisys written notice and
Unisys shall refund to City and monies paid to date.
21.7 If the governmental body that appropriates Customer's funds for data
processing does not allocate such funds beyond the then current fiscal period,
Customer may terminate all or any portion of this Agreement. Customer will be
liable for any accumulated payments due prior to the effective date of the new
fiscal year. Customer is not permitted to obtain any similar data processing
equipment, software or services from any third party following such termination
notice to Unisys.
22. Notices
22.1 All notices required by this Agreement to be given to City will be sent to
the individual and address below:
City of Round Rock
221 East Main Street
Round Rock, TX 78664
ATTN: City Manager
cc: Police Systems Administrator
22.2 All notices required by Sections 20 and 23.5 to be given to Unisys and all
requests for information under Section 8 will be addressed to:
Law Department
Unisys Corporation
Township Line & Union Meeting Roads
Blue Bell, PA 19424
cc: Vice President, CSD, Southern Region
All other notices to Unisys will be sent to the Unisys office which has
been servicing Customer.
22.3 All notices required by Sections 18 and 21 will be sent by certified
or registered mail.
23. Other Provisions
23.1 All risk of loss or damage to Products will pass to City upon delivery to
City's location.
23.2 Neither party will be liable for failure to fulfill its obligations when
due to causes beyond its reasonable control.
23.3 Any failure or delay by either party in exercising any right or remedy will
not constitute a waiver.
23.4 This Agreement will be governed by the local law of Williamson County and
the State of Texas.
23.5 This Agreement constitutes the entire agreement between the parties with
respect to the Products and Services provided hereunder and supersedes all prior
proposals and agreements, bpth written and oral, and all other written and oral
communications between the parties. The terms and conditions of this Agreement
will supersede all other terms and conditions submitted by City.
- 15 -
23.6 Unisys may assign this Agreement or its interest in any equipment, or
assign the right to receive payments, without City's consent. Any such
assignment, however, will not change the obligations of Unisys to City. City
will not assign or transfer its rights or obligations under this Agreement
without prior written consent of Unisys. Any assignment or transfer prohibited
by this provision will be void.
23.7 This Agreement may be modified only by a writing signed by a duly
authorized representative of each party.
23.8 No arbitration proceeding or legal action, regardless of its form, related
to or arising out of this Agreement, may be brought by either party more than two
years after the cause of action first accrued.
23.9 Each paragraph and provision of this Agreement is severable, and it one or
more paragraphs or provisions are declared invalid, the remaining provisions of
this Agreement will remain in full force and effect.
24. Prime Vendor Responsibility
24.1 Unisys will be prime vendor for the non - Unisys products initially ordered
under this Agreement through acceptance of the non - Unisys products by the City.
As each individual application module is accepted by the City, the City agrees to
contract directly with ICC.for on -going Maintenance and Support Services, for
which Unisys will have no further liability beyond acceptance by the City.
25. Customer Responsibilities
25.1 City will fully cooperate with and assist Unisys in the performance of its
responsibilities under this Agreement. As part of City's responsibilities it
will make available to Unisys a qualified staff member, City's representative,
who will have authority to act, subject to the approval of the governing body, as
necessary for City and to make decisions with respect to this Agreement,
including any modifications hereto, and provide Unisys with necessary information
and data concerning City's operations and activities, and assume responsibility
for the accuracy of such information and data supplied, and provide access to
City's computer facility at all reasonable times, and have the authority to
enforce implementation decisions which are mutually agreed to by City and Unisys.
26. Equal Opportunity Employer
26.1 Unisys is an Equal Opportunity Employer and has an Affirmative Action
Program in effect.
27. Performance Bond
Within ten (10) days of signing of this Agreement by both parties, Unisys will
provide to the City a Performance Bond equal to one hundred percent of the value
of the equipment, software, and services listed in Schedules A, C, and D
respectively. The bond shall be issued by a reliable surety company licensed to
do business in the State of Texas.
- 16 -
IN WITNESS WHEREOF, the parties hereto have set their hands by their duly authorized
agents on the respective dates set forth opposite their signatures.
UNISYS CORPORATION
ignatu%" Da e
Name (Pri
Title
OF CONTRACTS
d
- 17 -
CITY OF ROAND R
(, /M/40
Signature Date
(hike Ro6„Ns.o,‘
Name (Printed)
I�1 Gyo t — c, o1 focal ROCA.
Title
ITEM
STYLE NAME
DESCRIPTION
QTY
UNIT
PURCHASE $
CUST
INSTL
INST
CHG
TOTAL
PURCHASE $
U5085 - SBX
U5000/85 SB: Includes
. --i N .-1 .--. CO
N
$36,193
-
-
$36,193
8MB, 380 DISK,
SCSI CONTROLLER,
(2) 8 PORT CONTROLLER
1/4" TAPE,
25 MHZ PROCESSORS
F5351 -00
UPGRADE TO 16MB MEM PCA
5,957
-
-
5,957
F5350 -00
CPU 68020, 25 MHZ PROC
9,970
-
-
9,957
UN5058 -380
380MB DISK
7,500
-
-
7,500
F5357 -00
DISK /TAPE CONTROL
9,178
-
-
9,178
UN5859 -EXZ
EXPANSION CABINET
4,298
-
-
4,298
F5252 -00
GCR TAPE (INE )
17,500
-
-
17,500
F8853 -01
CABLE
157
-
-
157
01
UN5895 -824
824MB DISK
18,100
-
-
18,100
F5393 -00
DISK INSTALL KIT
3,238
-
-
3,238
F5394 -00
CABLE
350
-
-
350
UN5085 -16R
16 PORT CONTROLLER
5,333
-
-
10,666
8614 -00
DIAGNOSTIC MODEM
520
-
-
520
CBL5891 -8
CABLE
60
-
-
60
3629 -99
UVT 1224
695
Y
-
19,460
SCHEDULE A SUBTOTAL
$143,134
SCHED A CONT. TOTAL
30,197
SCHEDULE C -1 TOTAL
7,424
SCHEDULE C -2 TOTAL
62,500
SCHEDULE D TOTAL
29,400
EST. SHIPPING COST
1.295
$273,950
INST$
TOTAL PUR $
$
$273,950
EQUIPMENT LOC: Round Rock Police Dept
2008 Enterprise
Round Rock, Texas 78664
SCHEDULE A
QUIPMENT SALE
- 18 -
LESS DOWN PAYMENT $
LESS SPECIAL DISCOUNT $ 55,033
TOTAL NET
$218,917
ITEM
STYLE NAME
DESCRIPTION
QTY
UNIT
PURCHASE $
COST
INSTL
INST
CHG
TOTAL
PURCHASE $
16
PWA51602 -20
PW2 500/16 20MB
2,995
y. } } }» } } }} 1 1 1 ■
y
-
$ 2,995
17
VGA1431 -VDC
COLOR DISPLA'
75
-
675
18
VGA16256 -VCS
VGA CONTROL
345
-
345
19
KBD101 -PW2
KEYBOARD
39
-
99
20
AP1329
PRINTER
685
-
1,370
22
B9968 -42
EMULATION
7 7
-
154
23
B9961 -15
SERIAL
95
-
190
24
F8479 -01
SERIAL CABLE
50
-
100
25
AP9206
6PPM LASER PRINTER
2,295
-
4,590
26
F8291 - 06
CABLE
132
-
264
27
UP1407 -0
7KVA UNINTERRUPTIBLE
6,815
-
6,815
POWER SUPPLY
28
PPP -7F
3 YR PROTECTION PLAN
N
1,860
-
1,860
FOR UP1407 -0
29.
STM -4
4 PORT MINI MULTIPLEXOR
595
-
3,570
30.
UM -3225
9600 BPS MODEM
1,195
-
7.170
3TOTAL
$30,197
INST$
TOTAL PUR $
$ 30,197
EQUIPMENT LOC: Round Rock Police Dept
2008 Enterprise
Round Rock, Texas 78664
SCHEDULE A (Continuation Sheet)
QUIPFENT SALT
- 19 -
Equipment location
Equipment schedule
Style name
Quanti-
ty
Mainte-
nance
plan
Schedule e
Equipment Maintenance Services
Bill to Zone travel charge area
Monthly
maintenance
charge (Inclu-
des zone tra-
vel charges)
unit
- 20 -
total
SURETY CONTRACT BEING USED RATHER THAN SCHEDULE B
Total monthly charge
Extended on site
service charge
Total extended
service charge $
Grand total*
Hours of coverage Optional services Billing information
Start Stop Holiday maintenance
Mon -Fri to Coverage $ /vr. o Annual
After hours preventive
Sat to maintenance $ /mo. o Monthly
Resident customer
Sun to service engineer $ /mo. o Other:
Other:
$ Additional services apply
* Grand total does not include any Optional or o Metered use
. Additional Services selected by. Customer.
o Hourly use
ITEM#
STYLE NAME
DESC
QTY
WAR
LIC
PLAN
S/W
SUPPORT
PLAN
LICENSE
CHARGE
MMLC
OTHER
S/W SUPPORT
CHARGE
1.
US5895 -OSX
32+ USER
1
W
ETP
SURETY
$6,600
2.
ICC COURT MALGEMENT
1
0/S
OTC
60
3.
ICC PAWN SHOP
2.
DW2 -3
MS DOS
1
W
OTC
N/A
195
Total Lic Chg
3.
PWA516 -OK
OP KIT
1
W
OTC
N/A
50
4.
F6170 -01
PCU
3
W
OTC
SURETY
579
TOTAL LIC CHG
TOT S/W SPRT
$7,424
$
ITEM#
STYLE NAME
DESC
QTY
WAR
LIC
PLAN
S/W
SUPPORT
PLAN
LICENSE
CHARGE
MLC
OTHER
S/W SUPPORT
CHARGE
1.
ICC RECORDS ( MANAGEMENT
1
W
OTC
$36,250
2.
ICC COURT MALGEMENT
1
W
OTC
18,750
3.
ICC PAWN SHOP
RECORDS
1
W
OTC
$ 7,500
Total Lic Chg
Tot S/W Sprt
$62,500
$
EQUIPMENT LOC: Round Rock Police Dept
2008 Enterprise
Round Rock, Texas 78664
Round Rock. Texas 78664
EQUIPMENT LOC: Round Rock Police Dept
2008 Enterprise
SCHEDULE C - 1
SOFTWARE LICENSES AND SUPPORT SERVICES
SCHEDULE C - 2
SOFTWARE LICENSES AND SUPPORT SERVICES
- 21 -
A. License Plans
Schedule C
Terms and Conditions:
1. Licenses of Software for which Unisys charges either an Annual License Charge
(ALC) or a Monthly License Charge (MLC) will have an initial term of twelve
months commencing on the Installation Date. The MLC license will continue on
a month -to -month basis and the ALC will renew annually until the license is
terminated or cancelled in accordance with Section 19 of this Agreement.
2. For certain licenses, Unisys may charge an Initial License Charge which will
include the first monthly or annual charge. -
3. Extended Term Plan (ETP): Certain licenses of Software for which Unisys
charges a single fee may have a 36 month or 60 month extended term commencing
on the Installation Date. Upon expiration of the extended term, the license
will be automatically continued on a month -to -month basis for a Monthly
License Charge, unless terminated in accordance with Section 19 of this
Agreement, or Customer may pay another ETP fee for an additional extended
term, if available.
4. One -Time Charge (OTC): For certain Software, upon payment of a one -time
charge (invoiced upon shipment of the Software), Unisys will license Customer
to use the Software so long as Customer continues to use the software on the
SPU on which it was originally licensed for use.
5. Software that has no license charge listed on Schedule C will have a license
term which is coterminous with Customer's possession and use of the equipment
on which the Software is installed.
B. Software Support Services
1. Unisys offers a variety of Software Support Services including off -site and
on -site assistance. The type of services provided varies by product.
2. The initial term of one year for any level of Software Support Services
commences on the Installation Date of the related Software. Renewal for
successive one year terms is automatic unless Software Support Services are
terminated or cancelled in accordance with Section 19 of this Agreement or if
the underlying Software license is terminated or cancelled pursuant to this
Agreement.
Schedule C - Terms and Conditions
3. If the Customer does not elect to have Software Support Services commence on
the Installation Date of any related Software, Customer may order Software
Support Services to commence after the Installation Date only upon payment of
the Software Support Service charges (applicable to the level of support
selected) from the Installation Date to the date of the order, up to a
maximum of 24 months of charges.
- 22 -
C. Description of Software Support Plans (SSP)
SSP Service Chart
SSP Centralized Product Product On -Call
Service Support Communication Maintenance Support
Level Services Services Release Service
Services
1 Included Included
2 Included Included
3 Included
4 Included Included
5 Included
1. Centralized Support Service: Centralized Support Service provided by Unisys
includes Telephone Service and On -Line Service.
a. Unisys Responsibilities:
(1) Telephone Service
Unisys will provide Telephone Service to Customer during the hours
of 8:00 a.m. to 5:00 p.m. Customer local time, Monday through Friday
excluding Unisys recognized national holidays (Hawaii and Alaska
hours are 8:00 a.m. through 12 noon Customer local time). Telephone
Service will provide:
(a) Assistance related to questions on the operational use of the
subject Software.
(b) Assistance in identifying and verifying the causes of suspected
errors or malfunctions in Software.
(c) Advice on detours for identified errors or malfunctions, where
reasonably available.
(d) Information on errors previously identified by Customer and
reported to Unisys and detours to these where available. (this
service applies only where Product Communication Service has
been "included" as a component part of Customer's service
selection).
(2) On -Line Support Service
Where this service exists, and the parties have agreed to its use,
Unisys may execute on -line diagnostics from a remote Unisys location
to assist in the identification and isolation of suspected Software
errors or malfunctions. (This service applies only where Product
Communication Service has been "included" as a component part of the
Customer's service selection.)
b. Customer Responsibilities:
(1) Telephone Service
Customer will ensure that only personnel properly trained in
operation and usage of the Software will utilize the Telephone
Service and that sufficient computer time and suitable personnel are
made available to implement the corrections suggested by Unisys.
(2) On -Line Suppor$ Service
Customer will allow the use of on -line diagnostics on Software if
requested by Unisys during error diagnosis.
- 23 -
Included
Included
Included
Included
2. Product Communication Services: Product Communication Services provided by
Unisys includes User Communication Form Service, correction of reported
errors or malfunctions and documentation corrections.
a. Unisys Responsibilities:
(1) Reported Errors or Malfunctions
Unisys will make reasonable efforts to provide detour or code
correction to Software for errors or malfunctions reported via the
UCF. Each detour or code correction will be made available in the
form of either a written correction notice or machine - readable
media, and will be accompanied by a level of documentation adequate
to inform Customer of the problem resolved and any significant
operational differences resulting from the correction which are
known by Unisys.
(2) Documentation Corrections
Unisys will review and consider documentation correction requests
for Software via the UCF procedure.
b. Customer Responsibilities:
(1) Notifying Unisys of identified errors or malfunctions in Software.
(2) Reproducing the identified error or malfunction in the unaltered
Software.
(3) Providing, upon Unisys request, a "memory dump" and such additional
data in machine - readable or interpreted form deemed necessary or
desirable by Unisys to reproduce the environment in which such
licensed Software operated.
(4) Installing error corrections and maintenance releases.
3. Product Maintenance Release Services
a. Unisys Responsibilities:
Unisys will provide error corrections and maintenance releases to the
Software which have been developed by Unisys. Such releases shall be
licensed to Customer only for use on the designated computer system(s)
under the terms and conditions of the Unisys Consolidated Agreement.
Each maintenance release will consist of a set of programs and files made
available in the form of machine - readable media and will be accompanied
by a level of documentation adequate to inform Customer of the problems
resolved including any significant differences resulting from the release
which are known by Unisys. Unisys agrees that each maintenance release
of application and environmental Software will be compatible with the
then current unaltered release of System Software applicable to the
designated computer system(s).
b. Customer Responsibilities:
Customer will install all error corrections and maintenance releases.
4. On - Call Support Service: If a problem occurs which significantly impacts
Customer's usage of the subject Software and remains undefined or unresolved
either by detour or permanent correction after Customer has taken the actions
prescribed by the Unisys Support Center, Unisys will, at its option, dispatch
a representative to the system location.
- 24 -
a. Unisys Responsibilities:
Unisys will provide On -Call Support Service to Customer during the hours
of 8:00 a.m. to 5:00 p.m. Customer local time, Monday through Friday,
excluding Unisys designated holidays.
Unisys will provide or make available:
(1) Advice and assistance in diagnosis and identification of errors or
malfunctions in the subject Software.
(2) On site consultation on correction or detour of identified errors or
malfunctions.
(3) Advice and assistance on completion of a UCF to report errors or
malfunctions to Unisys as specified in the UCF reporting procedure.
b. Customer Responsibilities:
When a significant operational problem occurs which is reasonably related
to the subject Software and which cannot be adequately identified or
avoided by detour or correction by Customer, then Customer should contact
the designated Unisys Support Center using the Telephone Service
described herein. Customer agrees to perform the problem diagnostic
activities and routines requested by the Unisys Support Center prior to
any dispatch by Unisys of a representative to the system location.
5. General Customer Responsibilities
a. Customer will undertake the proper supervision, control and management of
its use of Software including but not limited to: (1) assuring proper
computer system configuration, Software installation, verification, audit
controls, and operating methods; and (2) ensuring proper procedures for
the security of data, accuracy of input and output, and back -up plans,
including restart and recovery in the event of hardware or software error
or malfunction.
b. Customer will designate to Unisys a person properly trained in the
operation and usage of Software to serve as Customer's primary contact
with Unisys for Software problems.
- 25 -
ITEM4#
TYPE OF
SERVICE
NO.
PERS
ONEL
HOURLY CHG:
PERIOD:
TOTAL HOURS
TOTAL CHARGE
DAILY
WKLY
MNTHY
DAYS /WKS /MO
1.
Project
Management
1
$640
5,000
20 Days
$12,800
141
TYPE OF SERVICE /STYLE
NAME
DESCRIPTION
FIXED CHARGE
1.
SVC5085 -I0I
U5000/85 Starter Plan
$6,600
2.
ICC RECORDS TRAINING (6 Days)
5,000
3.
ICC COURT TRAINING (6 Days)
5,000
GRAND TOTAL
$ 16,600
EQUIPMENT LOC: Round Rock Police Dept
2008 Enterprise
Round Rock. Texas 78664
PERIODIC BASIS:
FIXED CHARGES:
SCHEDULE D
SYSTEMS SERVICES
- 26 -
GRAND TOTAL
$ 12,800
SCHEDULE D - DESCRIPTION OF SYSTEMS SERVICES
STARTER PLAN:
Services to be provided by Unisys : U- Series Starter Plan shall begin after the
hardware has been delivered and properly installed by a Unisys Customer Service
Engineer. The Implementation Service to be provided by Unisys will be delivered
in five phases as described herein:
Phase 1:
Phase 2:
Phase 3:
Phase 4:
The Unisys representative will conduct a system software pre - implementation
planning session with the customer. During this session, Unisys will gather
the information needed to produce a written installation plan. The customer -
designated systems professional will assist in gaining the information and
decisions needed to complete installation tasks. Specific actions for this
sessions include:
1. Review hardware configuration
2. Determine initial operating system options, user groups, user IDs and
passwords
3. Make recommendations on customer responsibilities for site hardware
requirements such as power supply, cables, etc.
4. Evaluate system backup requirements and propose disk backup procedure and
frequency
5. Develop system start -up, shutdown, and backup scripts for customer
requirements outlined in the Installation Plan
1. Unpack, connect, and configure up to eight (8) Unisys terminals located in
the same room as the U- Series Central Equipment Complex
2. Install Unisys operating system from current release tapes; boot operating
system and perform several standard shall commands
1. Configure all disk units into the UNIX file system
2. Create mass storage directories per user requirements
3. Set up initial user groups, user IDs, and user profiles
4. Set up initial system security per user requirements
5. Install menu scripts for start -up, backup, and shutdown
1. Explain orderly procedures for system start -up and shutdown
2. Execute selective system maintenance processes available under the Unisys
"SA Menus" with System Administrator
3. Review the SA Menu functions for assistance in installing peripheral and
software products
4. Review menu - driven backup processes
5. Overview of system backup options, entire file system backup, individual
file system backup, directory and file backups
6. The Customer and Unisys representatives will concur on completion of all
implementation tasks (verification for final invoice)
- 27 -
STARTER PLAN (cont.):
Phase 5:
1. Observe the System Administrator perform daily system operations and
advise on procedures
2. Verify system integrity and familiarize System Administrator with possible
restoration scenarios
3. Adjust customized scripts as requested to accommodate minor system
operating changes
4. Identify any outstanding problems, discuss system hardware and software
status, and recommend solutions for any customer concerns
5. Review current and future system usage and help System Administrator
define additional implementation plans
PROJECT MANAGEMENT:
Unisys will coordinate resources that may be needed from ICC, Unisys Customer
Engineering, and Unisys Customer Technical Services. Unisys will also be on call
to provide on -site support to Round Rock at the appropriate times during the
Implementation Phase to address unforeseen issues. Unisys will also be available
to provide information to help optimize the performance of the system after the
initial installation.
DESCRIPTION OF TRAINING PROVIDED:
ICC believes the ultimate success of any customer using our software will be a
result the initial training and on -going support. For this reason, formal
training classes are provided for the various users of the system insuring each
understands how the system operates. A sample of our "System Overview" training
outline is included with this proposal. Most of the training consists of "hands -
on" supervised use of the system where the Department's employees actually enter
information with ICC personnel overseeing the process. ICC will develop, with the
Department's System Administrator a detailed implementation and training program.
Initial System Overview training will be given to every person that may need to
use the computer, including all officers and communication personnel. This two
hour course may be scheduled many times, keeping class sizes small and allowing
all shifts to be trained just before or after they start work. Subsequent
detailed training for records, court, communications and CID personnel are
scheduled during normal business hours. Under extenuating circumstances, after
hours training will be provided at no additional charge.
- 28 -
Phase I of the software training and installation will begin within two weeks of
the order. This will include the gathering of detailed specifications concerning
the current procedures used by each and how the computer system will affect them.
Phase II will teach the designated system administrator how to set up the code
tables, system parameter files and add user access privileges.
ICC uses written training outlines detailing each aspect of the system. The
system administrator will participate in all user training and will be capable of
training new employees without ICC assistance. The training outlines are left with
the administrator for this purpose.
After this initial training, ICC personnel leave and are available by telephone
only. This requires the users to use the system on their own.
Two weeks later, ICC support personnel return and continue the training. At this
point, the users are much more comfortable with the system and have intelligent
questions on its use and how the system interacts with the Department's
procedures.
ICC commits to support the Department in whatever training is reasonably required
to bring the system into a fully operational mode. It is important to understand
that users can only comprehend a certain amount of new information and procedures
in a fixed period of time. It is for this reason ICC does not require all
training to be performed over a fixed time period following installation.
Instead, each module is phased in as fast as the Department can handle it with
training provided as each module is utilized.
Training beyond the initial installation is available at $47.00 per hour. There
will be no travel expenses for on -site training, however, the customer may choose
to use the ICC classroom to remove the employees from normal interruptions.
- 29 -
ATTACHMENT A:
PAYMENT SCHEDULE
The payment for the items listed on Schedule A (Equipment) will be as follows:
A. 10% Down Payment at time of Contract Execution,
B. 40% Payment Upon Completion of Initial Installation (including set -up
and diagnostics),.
C. 50% Payment Upon Completion of Acceptance Test by the City.
The Payment for items listed on Schedule C -1 and C -2 (Software) will be as
follows:
A. 10% Down Payment at time of Contract Execution,
B. 40% Payment Upon Completion of Installation and Training,
C. 50% Payment Upon Completion of Acceptance Test by the City.
- 30 -
ATTACHMENT 8: SURETY Service Support
Addendum - Schedule
UNISYS •
Bill to Location Equipment Location
Round Rock Police Dept. Same
2008 Enterprise
Round Rock, Tx 78664
Coord. Name: Telephone #
Sgt. Tim Ryle 1512/388 -1520
Term (Cust Init): X 1 Yr
ITEM
NO.
01.
02.
03.
04.
05.
06.
07.
08.
09.
10.
11.
13.
14.
15.
STYLE NAME AND DESCRIPTION
UN5085 -SBX
F5351 -00
F5350 -00
UN5085 -380
F5357 -00
UN5895 -EXZ
F5252 -00
F8853 -01
UN5895 -824
F5393 -00
F5394 -00
UN5085 -16R
8614 -00
CBL5891 -8
U5000/85 SB SYSTEM
UPGRADE TO 16MB MEMORY PCA
CPU 68020,25 MHZ PROCESSOR
380MB DISK
DISK /TAPE CONTROL
EXPANSION CABINET
GCR TAPE.(INBUILT)
CABLE
824MB DISK
DISK INSTALL KIT
CABLE
16 PORT CONTROLLER
DIAGNOSTIC MODEM
CABLE
The equipment listed above has a Free Maintenance
Period of 90 Days from Date of Installation.
Since Round Rock is purchasing a Starter Plan,
the Free Maintenance Period is extended to 120
Days from Date of Installation.
QTY
01
01
01
01
01
01
01
01
01
01
01
02
01
01
MO UNIT CHG
$499.00
31.00
76.00
42.00
49.00
14.00
134.00
. 00
112.00
.00
. 00
42.00
7.00
.00
TOTAL MO $
$499.00
31.00
76.00
42.00
49.00
14.00
134.00
•.00
112.00
.00
.00
84.00
7.00
.00
*Total does not include any charge
for Additional Services Selected
by Customer.
Starter Kit: (Init) X
Billing Period: (Chet 1)
X Monthly Other
Agreed and Accepted
Unisys Corporation
Coord. Name:
2 Yrs 3 Yrs
Signature Date Signature
Title Title
Phone #
Additional Charges:
In addition to Support Services
charge for the , there
is a charge of $
per for use exdeeding
per period.
Customer
Name (Printed) Name (Printed)
'Agreement number
Surety Serv. Plan
X Comprehensive
BasicPlus
Basic
Intro
On -Site Resp: 1
Total $1,048.00
Cont.Tot
G. Total$1,048.00
The Products listed on this Schedule and any Schedule Continuation Sheet will be serviced in
accordance with the provisions of this Addendum. Customer acknowledges it has read and
understands this Addendum.
Date
UNISYS Unisys SURETY Service Support Addendum
to the Consolidated Agreement or to
the License and Service Agreement
Unisys will provide the Support Semces (as hereinafter defined) descnbed in this Addendum. Such Support Services are subject to the terms and conditions of either the Unisys Consolidated Agreement
(hereinafter "Consolidated Agreement ") or the License and Service Agreement (hereinafter "License Agreement'), as applicable, referenced above (which is mcorporated herein by reference), as
supplemented and amended by the provisions of this Addendum The applicable Consolidated Agreement or License Agreement referenced above generally is referred to hereinafter as the "Agreement."
This Addendum shah apply only to equipment and Software for which Customer orders Unisys SURETY Service, and. unless otherwise expressly provided, all references in this Addendum to "equipment'
"Software," and "Products" shall mean only those items covered by Unisys SURETY Seance
With respect to Software, this Addendum and the attached Schedule (hereinafter "Schedule') provide only for Support Services; the licensing of Software is pursuant to either Schedule C of the
Consolidated Agreement or Schedule 6 of the License Agreement.
Unisys shall be referred to in this Addendum as "We" or "Us "; Customer shall be referred to in this Addendum as 'You."
This Addendum shall be deemed a Schedule under the Agreement
Service Description
1. Software Centralized Support includes (i) Telephone Service and (n) On -Line Remote
Diagnostic Service for certain Products.
Telephone Service (PPM and OR Hours)
Service provided during PPM includes: (a) assistance related to questions on the
operational use of the subject Software; (b) assistance in identifying and verifying the
causes of suspected errors or malfunctions in Software. (c) advice on detours for identified
errors or malfunctions, where reasonably available. (4) information on errors previously
identified by You and reported to Us and detours to these, where available: (e) advice on the
completion, and authorization for submission for the User Communication Form (UCF)
reporting identified problems in Software to Us
Service provided during Off Hours includes: (a) expediting response to all emergency
situations in which the production system or data base is down or severely degraded, (b)
use of electronic file transfer for problem analysis and resolution: (c) responding to
technical questions; (d) searching for known fixes or detours to problems: (e) Software
update installation assistance when scheduled reasonably in advance.
On-Line Remote Diagnostic Services
Where this service exists and the parties have agreed to its use, We may execute
diagnostics from the Customer Support Center to assist in the identification and isolation
of suspected errors or malfunctions.
2. Hardware Centralized Support includes the following Telephone Services. (a) assistance
related to questions on the operational use of the equipment (b) assistance in identifying
Me cause of suspected equipment malfunctions; (c) advice on detours for identified
malfunctions, where reasonably available; (d) for equipment problems, assistance with
recovery or the determination of the need for on -site support On-Line Remote Diagnostic
Service is included for certain Products
3. Installation of Customer Installable (CSU) Equipment 15 provided for standard Unisys CSU
equipment except workstations and associated peripherals.
4. Software Maintenance Release Service includes error corrections and maintenance
releases forSoftwarewhich have been developed or provided by Us. Such releases shall be
licensed only for use on the designated computer system(s) under the applicable license
agreement You will install all error corrections and maintenance releases
5 Product Communication Service includes User Communication Form (UCF) Service, which
provides the ability to report suspected errors or malfunctions and suggest documentation
changes. We will make reasonable efforts to provide detours or corrections. You will install
all error corrections.
6. Hardware Central Maintenance for qualified Products only includes repair of equipment
delivered or shipped to a Central Service Center in accordance with Our instructions Weed
repair such delivered equipment notify You, and Youwill promptypick -up the repaired unit
For equipment shipped to the service center, We will repair and return ship the equipment to
You. You bear an cost of shipment and nsk of loss in transit to the Central Service Centers
All non-Unisys attachments most be removed prior to submitting equipment for service.
7. Hardware On -Call Remedial Maintenance includes repair of equipment at Your location.
8. Hardware Preventive Maintenance includes preventive maintenance at Your location at a
mutually acceptable time during the hours of coverage in the Unisys SURETY Han chosen.
9. Software On-Call Support includes, at Our discretion, dispatching an on-site service
representative if a problem occurs which significantly impacts Your usage of the subject
Software and remains undefined or unresolved after You havetaken the actions prescribed
by the Unisys Customer Support Center.
On -Call Support Service is comprised of: (a) assistance in diagnosis and identification of
errors or malfunctions in the subject Software, (b) on -site assistance with correction or
detour of identified errors or malfunctions; (c) advice and assistance on complebon of a
UCF as specified in the UCF report procedure.
Consolidated Agreement or
license and SeMceAgreement Number
10. Centralized Support Guaranteed Response provides that within 20 minutes from the
receipt by theapplicable Unisys CUstomerSupport Centerof Your phone call making inquiry
regarding Products, Our customer support specialist will pickup the call or place a retum call
to the onginating party. This applies only to the Principal Period of Maintenance.
11 Hardware On.Call Remedial Maintenance Guaranteed Response provides that a customer
semces representative will aroe at Your site within the time specified below to perform
remedial maintenance on the Products. Response time is measured from the time We
determine the necessity to dispatch a customer services representative until such
representative's arrival atYOUrste. CustomerSupportCenleranaysis and diagnostic time
is not included in the response time measurement
The following response time matrix Is based on a radius measured from the applicable
Unisys service point to Your site. Your initial 0n -Site Response Area is designated on the
Schedule: in the event of a change in location of the equipmentor the Unisysservice point
the Response Area will be deemed automatically amended accordingly. However, if,
pursuant to the above, the specified response time becomes longer solely as a result of a
change In the Unisys service point, by notice given to us no later than 30 days after Your
receipt of notice of the change in the point of service or specified response time, You may
choose the next most comprehensive Unisys SURETY Service Plan, having no corresponding
guaranteed response time, for the Products subject to this Addendum, and this Addendum
shall be deemed amended accordingly effective immediately upon receipt by Us of such
notice. We shall issue to You any appropnate credit or refund of excess charges paid.
Response Miles to the Nearest PPM Off Hours
Area Service Point Response Time Response Time
1 0.30 15 hrs 25 hrs
2 3190 2.5 hrs. 3.5 hrs
3 Over 90 No Guarantee No Guarantee
12. System Operations Review provides that We will meet with Your personnel once annually, at
a mutually acceptable location and time, to conduct computersystems operation review with
respect to the Products. You are responsible for scheduling the meeting
13. StarterKit Bonus providesthat if You purchase a Unisys Starter Kit forthe Products listed on
the Schedule of this Addendum, You shall receive the first month of Support Services for such
Products at no charge, the termof this Addendum shall be deemed extended one month, and
You will be billed for the chargesdue underthisAddendum beginning with the second month
of its term.
14. Preferred Semce /ProductPdcing provides that Youwillbeentitled to certain preferred rates
for supplies, educational services, and environmental products obtained from Us (under
other agreements) as specified by Our policy. With respect to supplies and environmental
products, such preferred rates apply only to such items which are related to the Products
covered by this Addendum. With respect to educational services, such preferred rates apply
only to qualified classes as specified by Our policy for which You have individuals enrolled
within one year of the applicable Installation Date.
15. Essential Engineering Changes are engineering changes that have been released and will be
installed by Us for safety purposes
16. Reliability Enhancements are non - safety related engineering changes designed to improve
equipment maintainability and /or operational performance.
17. Electronic Services provides You with access to an on-line bulletin board via a dial up
workstation. For Unisys SURETY Service customers, this service is available via 1 -900
telephone access.
Service Plans
Unisys SURETY Service Plan
Hours of Coverage
1. Software Centralized Support
2. Hardware Centralized Support
3. Installation of Customer Installable Equipment
4 Software Maintenance Release Service
5. Product Communication Service
6 Hardware Central Maintenance
7. Hardware On -Call Remedial Maintenance
8, Hardware Preventive Maintenance
9. Software On -Call Support
10. Centralized Support Guaranteed Response (PPM Only)
11. Hardware On-Call Remedial Maintenance Guaranteed Response
12. System Operations Review
13. Starter Kit Bonus
14 Preferred Service /Product Pricing
15. Essential Engineering Changes
16. Reliability Enhancements
17, Electronic Services
General Terms and Conditions
1. Definitions
1.1 Product(s) means equipment and Software listed in the Schedule, any part
of those items, and any replacements or additions under this Addendum
1.2 Support Services means Product maintenance and support and other
benefits as described in this Addendum. Support Services shall be deemed
included in the definition of "Services" in the Agreement.
13 Principal Period of Maintenance ( "PPM ") means 8 00 a.m. to 5:00 p.m.,
Your local time, Monday through Friday, excluding Our designated holidays.
(Alaska and Hawaii hours for Software and Hardware Centralized Support are
8.00 a m. through 12.00 noon,)
14 Off Hours means all hours other than the PPM.
2. Support Services
2.1 Support Services are provided during the hours of coverage for the Unisys
SURETY Service Plan chosen except as otherwise stated in this Addendum.
Support Services provided outside those hours of coverage are subject to Our
applicable charges.
2 2 All Support Services materials atYour facility, including diagnostic Software,
are Our property and include Our Proprietary Information, may be used only by
Our personnel, and may be removed by Us from Your facility at any time
2 3 Equipment parts which are removed for replacement by Us become Our
property.
24 All system components and peripherals located at the same site and
interconnected with Our signal and power cables or their equivalent and which
are subject to this Addendum are required to be enrolled under the same
designated Unisys SURETY Service Plan.
2,5 We may eliminate Support Services for Software upon six months' written
notice or at the expiration of the then- current term for such services, whichever
occurs earlier.
3. Term
The initial term of Support Services is as specified on the Schedule, shall be a
minimum of twelve months, and shall commence on the later of the Installation
Date of the applicable Productsor the date We sign thisAddendum.At the end of
the Initial term, Support Services continue on an annual renewal basis at the
then - current price until terminated or cancelled in accordance with the terms of
this Addendum. The term of Support Services for additional or replacement
Products shall be coterminus with the applicable term of this Addendum.
4. Payment And Taxes
4 1 Charges for Support Services will be invoiced in advance and are due upon
receipt of invoice or on the first day of the Support Services period to which the
charges apply,whichever is later. We may impose a late payment charge equal to
the lesser of (a ) 1.5% per month or (b) the maximum rate allowed by law. Certain
charges may be billed by Your telephone company on Our behalf, and You shall
pay such charges to the billing telephone company.
4 2 You will pay any tax We become obligated to pay byvirtue of this Addendum,
exclusive of taxes based on Our net income.
5 Your General Responsibilities
5.1 You will (a) maintain the operating environment in accordance with Our
specifications, (5) provide adequate working and storage space for use by Our
personnel near the equipment, (c) provide Us full accessto the Products, subject
only to Your security rules, and (d) follow Our procedures and instructions for
obtaining Support Services.
5.2 You have sole responsibility for proper use of the Products, including
operating procedures, audit controls, accuracy and security of data, back -up,
restart. and recovery procedures
Intro
PPM.
A
A
G
B
X
F
F
C
X
H
Basic
PPM
A
A
G
B
X
X
c
8
A
'PPM means Principal Period of Maintenance.
2 C.O.H. means Customers operational hours. Item x10 is provided during the Principal Period of
Legend: "
X Included (Labor and Materials)
A Fee per telephone call based on time per call
B Fixed Fee
C Preferred Per -Call Service Rates
D Two on-site service calls of up to eight hours each per year included; Preferred
Per -Call Service Rates thereafter
"Fees and charges referred to are In addition to the Total Monthly Charge shown on the Schedule.
Maintenance Only.
BasicPlus Comprehensive
PPM C O,H.z
X • X
X - X
G X
X X
X x
X X
X X
X X
D X
X
X
X
x x
x x
X x
X x
A A
E Parts included, labor at Preferred Per -Call Service Rates
F Parts at Preferred Rates as specified by Our policy, labor at Preferred Per -Call Servi<
Rates
G Product Dependent- either fixed fee or Preferred Per -Call Service Rates, as applicat
H Fixed Fee plus fee per telephone call based on time per call
5.3 You will ensure that your personnel are trained in the proper use of the
Products, that only such properly trained personnel will contact Us regarding
Product problems, and that sufficient computer time and suitable personnel are
made available to implement the corrections and procedures suggested by Us.
5 4 You must reproduce suspected errors or malfunctions in unaltered Soft-
ware, provide a memory dump and additional data in machine readable form if
required by Us to reproduce the environment in which the Software operated,
and install all error corrections and maintenance releases supplied by Us You
will maintain back -up data necessary to replace your critical lost or damaged
data.
6. Warranty Disclaimer
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FORA PARTICULAR PURPOSE BECAUSE NOTALL ERRORS IN SOFTWARE CAN
OR NEED BE CORRECTED, WE DO NOT WARRANTTHATALL SUCH ERRORS WILL
BE CORRECTED.
7. Alteration and Attachments
71 You will give Us prior written notice of any proposed alterations or
attachments to Products We have no obligation to provide Support Services for
attachments, altered equipment or modified Software, unless approved,
authorized, or provided by Us.
7 2 We are not responsible for any malfunction, nonperformance, or degrada-
tion of performance of Products, supplies or maintenance support materials
caused by or resulting directly or Indirectly from any alteration or attachment not
approved, authorized, or provided by Us; in addition, You will be solely
responsible for resulting infringement, personal injury or damage to property or
Products
8. Limitation of Liability
Unless further limited elsewhere m this Addendum, Our entire liability and Your
exclusive remedy for damages from any cause related to or arising out of this
Addendum, regardless of the form of action, whether in contractor in tort, will not
exceed the greater of (a) $100,000 or (b) the charges paid to Us during the
12 -month period immediately prior to Your notice pursuant to the "Arbitration"
Section of the Agreement for the Support Services which are the subject matter
of or directly related to the causes of action asserted
9. Termination and Cancellation
9,1 Effective upon expiration of the then current term, either party may
terminate this Addendum upon at least 30 days prior written notice.
9.2 Without prejudice to other remedies, We may cancel this Addendum or any
order placed under it for default if, upon written notice, You fail to (a) make any
payment identified as delinquent within ten days or (b) cure any default relating
to the "Protection of Proprietary Information" Section of the Agreement within
30 days In addition to the above, We may terminate Support Services on 30
days prior written notice if We determine that Your Software modification or
failure to install a maintenance release will interfere with the provision of such
services.
10. Other Provisions
Except as modified or supplemented by this Addendum, the terms and
conditions of the Agreement remain In full force and effect with respect to the
Support Services, Including terms and conditions in sections of the Agreement
having the same titles as those herein, provided they are not inconsistent with
the terms and conditions of this Addendum. To the extent there is any conflict
between the terms and conditions of this Addendum and those of the
Agreement, those of this Addendum shall take precedence.
600088516/891
Bond No. p1613535
PLANET INSURANCE COMPANY " � t 4/
HEAD OFrICE, SUN PRAIRIE, WISCONSIN
•
Administrative Office, Federal Way, WA'
PERFORMANCE BOND �
The American Institute of Architects, AIA Document A311, February 1970 Edition. �
KNOW ALL MEN BY THESE PRESENTS: that (Here insert lull name and address or Legal 1de of Contractor)
Unisys Corporation
3755 Capital of Texas Hwy. //200
as Principal, hereinafter called ContNIEW COMPANY, a corporation of the State of Wisconsin, with its
Head Office at Sun Prairie, Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and
address or legal title of Owner) City of Round Rock
2008 Enterprise
Round Rock, Texas 78664
as Obligee, hereinafter called Owner, in the amount of
Two Hundred Thousand and 00 /100. . . • Dollars ($ 200,000.00 ), for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated June 14 , 19 90 , entered into a`conttact'with'Owner for
Install Police and Court Management Info System
in accordance with Drawings and Specifications prepared by (Here insert lull name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that it Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void: otherwise It shall remain in full force and effect
The Surety hereby waives notice of any alterations or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with Its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a
default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety
mar be-liable hereunder, the amount - set -forth in the -first paragraph hereof. The term "balance of the contract price," as used in this
paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be Instituted before the expiration of two (2) years from the date on which final payment under the
contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of Owner.
Signed and se this 25th 1 day of June 19 90
- /. /-/ ./ ..1 !mot
Witness) Mary T. Hafe
Performance Bond DDUNTERSiGNED
Rav5 0 to M (1) P ri neted in U US
S �Y ^���������
DP- 230 (1)Pnd in A , ( 2
BDP -2304 (9186)
RFCH1CN7 a, n.,.
Unisys Corpor - -. on
(nue) Attrileney in face
. f�-
Rider No. 1 attached
RIDER t(O. 1
Disclosure of Guarantee Fund Non - Participation. In the_event the
insurer is unable to fulfill its contractual obligation under this
policy or contract or application or certificate or of
coverage, the policy holder or certificate-holder is not protected
by an insurance guarantee fund or other solvency protection
agreement. - - - _ -
STATE OF
COUNTY OF
BDP-1431 1/82
PLANET INSURANCE COMPANY
HEAD OFFICE, MADISON, WISCONSIN
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws of the State
of Wisconsin, does hereby make, constitute and appoint David T. Akers, Dennis A. Murphy and Mary T. Hafer,
individually, of Wayne, Pennsylvania
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds
and undertakings of Suretyship,
and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of
such officers, and hereby ratifies and confirms all that its said Attorneylsl -in -Fact may do m pursuance hereof.
This Power of Attorney is granted under and•by authority of Article VII of the By -Laws of PLANET INSURANCE COMPANY which became
effective September 21, 1981, which provisions are new in full force and effect, reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(b) to remove any such Attorney -m -Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and
deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity
or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company end to
copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and said Resolution has not been
amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney
or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal
shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to
be hereto affixed, this E day 01 December 19 88
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the pal of
Pennsylvania
Philadelphia
On this 1st day of December , 1988 , pert appeared Raynond MacNeil
to me known to be the Vice - President of the PLANET INSURANCE COMPANY, apt' acknowledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 f the By -Laws of saO Company, and the Resolution,
set forth therein, are still in full force. 4F5 �n`` "" """
My Commission Expires. � o .c / /
/
August 10 ,19 92 c" Notary Public in and for State
..f.LGo
sylvania
Residing at Philadelphia
1, P. D. Crossetta , Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Atto by - said PLANET INSURANCE COMPANY, which is still in full force
and effect.
mpany this 25th da June
Secretary
1990
UNISYS
Unisys Corporation
PO Box 500
Blue Bell PA 19424.0001
Unisys Corporation
3755 Capital of Texas Highway #200
Austin, Texas 78704
Attn: Jerry Lewailen
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