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HomeMy WebLinkAbout309950 T2 SYSTEMS INC - CONTRACT - PURCHASE ORDER - 6607974T2 POWERPAReHARDWARE & SOFTWARE MAINTENANCE & SUPPORTAGREEMENT Terms of Agreement This Agreement sets forth the terms and conditions of the T2 Systems, Inc. (hereinafter "T2 Systems") maintenance and support services for the following products purchased by Customer from T2 Systems (as applicable): 1. T2 PowerPark® (hereinafter "PowerPark") software that resides on the user's host system (hereinafter "Host Software"); 2. PowerPark software that resides on the user's handheld units (hereinafter "Handheld Software"); and 3. Handheld units (includes, at the option of the Customer, items listed in the T2 Parking Hardware Maintenance Fee Schedule attached hereto) purchased from T2 Systems for use with the PowerPark software (hereinafter "Handheld Units"). For purposes of this Agreement, the Host Software and Handheld Software are sometimes collectively referred to hereinafter as the "Software." T2 Systems offers two levels of maintenance and support: Standard and Enhanced. The Standard maintenance and support services described in this Agreement will be provided by T2 Systems at no additional charge for one (1) year from Customer's purchase date of the Host Software, Handheld Software, and/or Handheld Units, and will be provided thereafter so long as Customer timely pays the Standard maintenance fees described in Sections 8 and 9 below. During the first year after the Customer's purchase date of the Host Software, Handheld Software, and/or Handheld Units, the Enhanced maintenance and support services described in this Agreement wilt be provided by T2 Systems at an additional fee equal to five percent (5%) of T2 Systems' then -current standard pricing of the Host Software, plus the cost of any modifications and enhancements to the Host Software made on behalf of the Customer, and will be provided thereafter so tong as Customer timely pays the Enhanced maintenance fees described in Sections 8 and 9 below. T2 Systems agrees to provide the following maintenance and support services: 1. Technical Support: Standard: Customer wilt receive unlimited toll -free technical phone support from T2 Systems' technical support staff. Level One technical support takes initial calls and is usually able to resolve the issue. If Level One technical support cannot resolve the issue, it will be escalated to Level Two technical support, which will include senior level application and support personnel. If Level Two technical support is unable to resolve the issue, it wilt then be escalated to Level Three technical support, which will include the appropriate product manager(s) and application developer(s). Technical support operates Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern (5:00 a.m. to 5:00 p.m. Pacific), and maintains a call turnaround target of two (2) hours. Enhanced: In addition to the Standard technical support services, call turnaround targets are thirty (30) minutes and Customer may schedule after-hours support for upgrades and migrations. T2 Systems, Inc. 800-434.1502 www.t2syStems.com Effective March 03, 2004 2. Updates and New Releases: Standard: Customer is entitled to all Software updates and new releases to the Software that are released by T2 Systems during the term of this Agreement. Such updates and new releases are only applicable to Software modules previously purchased by Customer. T2 Systems commits to continued development of the Software while the Software is in an active phase of its product lifecycle. T2 Systems highly encourages its customers to install Software updates and new releases as they may contain bug fixes as well as increased functionality. T2 Systems' technical support staff will: assist in the migration of Customer's Oracle database from one version of Oracle to another version of Oracle on the existing server; assist in the creation of a second instance of Customer's database for archiving on the existing server; assist with applying Oracle patches; and assist Customer with Omnis datafile repairs. Enhanced: In addition to the Standard updates and new releases, T2 Systems' technical support staff will: assist with upgrading and completing back-up files of Software on Customer's server; assist with the creation of a test Oracle database containing a copy of the Customer's live database at the time of creation; notify Customer when Oracle patches are released and schedule time with Customer to apply patches within thirty (30) days of release of patches; schedule monthly connections to Customer's Oracle server to check for needed maintenance to the database and/or Oracle software; perform semi- annual tests of Hot -backup software that is supported by T2 Systems; repair and/or rebuild Omnis datafiles after-hours up to six (6) instances and perform periodic full check-ups of Omnis datafiles. 3. What is covered (Host and Handheld Software): T2 Systems commits to repair "minor" bugs (defined as errors which support a "work around" solution) in the next production release of the Software, which would typically occur in ninety (90) days or less. New production releases (beta releases) are heavily tested by T2 Systems' technical staff and, typically, by beta site customers, meaning that "critical" bugs (defined as errors which would stop a customer from processing) rarely make it into a production release. Should this happen, however, T2 Systems commits to a patch turnaround target of forty-eight (48) hours. 4. What is not covered (Host and Handheld Software): Standard: Not covered is any kind of database rebuild or repair, regardless of the cause of such damage. T2 Systems will supply these services on a time and materials basis, if necessary. This type of damage could be caused by, but not limited to, the following factors: faulty network connections, instability of the network, hardware failure, software failure, software conflict, and user error. IN NO EVENT WILL T2 SYSTEMS BE LIABLE FOR ANY DAMAGES RELATING TO DATA LOSS OR DAMAGE. Enhanced: Not covered is any kind of database rebuild or repair exceeding six (6) repair instances during the term of this Agreement. For database rebuilds or repairs exceeding the sixth (6`") repair instance, T2 Systems will supply these services on a time and materials basis. Database rebuilds and/or repairs may be caused by, but not limited to, the following factors: faulty network connections, instability of the network, hardware failure, software failure, software conflict, and user error. IN NO EVENT WILL T2 SYSTEMS BE LIABLE FOR ANY DAMAGES RELATING TO DATA LOSS OR DAMAGE. 5. What is covered (Handheld Units): T2 Systems will furnish labor and replacement parts, or pay for same, necessary to maintain the Handheld Units in operating condition during the term of this Agreement, provided that such service is necessitated by Handheld Unit failure during normal usage. It shall be at the sole discretion of T2 Systems whether parts will be replaced as opposed to being repaired. Parts may be replaced with others of like kind and quality. The limit of liability for T2 Systems under this Agreement shall be the actual cash value of the Handheld Unit in operating condition at the time of the claim. There is no limit to the number of repairs that can be performed on the T2 Systems, Inc. 800-434-1502 www.t2systems.com Fffc,HV IA-6 nV "" Handheld Units covered by this Agreement. While it is the intention of T2 Systems to support Handheld Units for as long as is technically and financially feasible, T2 Systems reserves the right to discontinue maintenance and support of obsolete Handheld Units one (1) year after written notice to Customer. After that time, T2 Systems will offer repair services on a time and materials basis for said obsolete Handheld Units for as long as parts and labor are reasonably available. Service will be provided at any designated T2 Systems service center or at such other location as may be designated by T2 Systems. All Handheld Units to be serviced must be delivered to the location indicated by T2 Systems personnel. Customer is responsible for all freight and insurance charges inbound to the service center. T2 Systems is responsible for all freight and insurance charges outbound from the service center. T2 Systems maintains a turnaround target of five (5) days from receipt for shipment of the Handheld Unit back to Customer. 6. What is not covered (Handheld Units): Nothing herein shall obligate T2 Systems to repair or replace aesthetic or structural items including, but not limited to, damage to the case or screen from dropping, warping of any kind to housing, case or frame of the Handheld Unit, except as otherwise expressly agreed by T2 Systems. Customer is responsible for repair costs associated with worn out or damaged touch screens or LCD modules. This Agreement applies only to the operation of the Handheld Unit under the conditions for which it was designed, and does not cover damage resulting from external causes such as, but not limited to, damage resulting from a collision with any object or from fire, flooding, sand, dirt, windstorm, hail, earthquake, act of God, damage from exposure to weather conditions, battery leakage, theft, misuse, abuse, damage from failure of, or improper use of, any electrical sources or connection to other products not recommended for interconnection by the Handheld Unit manufacturer. Customer shall perform all preventative maintenance recommended by the Handheld Unit manufacturer to maintain the Handheld Unit in operating condition. Loss or damage resulting from the failure to provide the Handheld Unit manufacturer's recommended maintenance is not covered by this Agreement. 7. What to do if a Handheld Unit is not functioning as expected: Customer personnel should first call the designated toll -free technical support number for assistance to determine the cause of the malfunction. If an authorized T2 Systems technician subsequently determines that the Handheld Unit does require service, the technician will instruct Customer as to the proper return procedure. The damaged Handheld Unit must be returned to T2 Systems or other service location as directed by T2 Systems personnel along with a problem description. Flash ROM or RAM cards, if applicable, should be removed and the battery should remain in the Handheld Unit. 8. Host Software Maintenance Fees: To continue maintenance and support services for the Host Software under this Agreement after one (1) year from purchase from T2 Systems, Customer shall pay to T2 Systems a Standard maintenance fee equal to fifteen percent (15%) or an Enhanced maintenance fee of twenty (20%) of T2 Systems' then -current standard pricing of the Host Software, plus the cost of any modifications and enhancements to the Host Software made on behalf of the Customer. Such maintenance fee shall be payable in advance according to the terms of the invoice. 9. Handheld Units and Handheld Software Maintenance Fees: Handheld Unit and Handheld Software maintenance fees are based on T2 Systems' then -current T2 PARKING HARDWARE MAINTENANCE FEE SCHEDULE. Such maintenance fee shall be payable in advance according to the terms of the invoice. 10. Renewal: Annual maintenance fees will be invoiced sixty (60) to ninety (90) days before Customer's anniversary date to avoid interruption of technical support or delivery of Software updates and new releases. Software anniversary dates are determined by the later of the software shipment date or the software pre -install date. Hardware anniversary dates are determined by the install date. T2 Systems, Inc. 800-434.1502 www.t2systems.com 11. Termination: T2 Systems may terminate this Agreement in the event of Customer's fraud or material misrepresentation, or failure to pay the required maintenance fee by the due date. If payment is not received by the maintenance anniversary date, Customer will be put on immediate notice for the following thirty (30) days, in which time Customer will be provided conventional technical support but not Software updates or new releases. If payment is not received by the end of such probationary thirty (30) day period, Customer will be notified that technical support can no longer be supplied under this Agreement. At that point, Customer may purchase additional support at T2 Systems' prevailing hourly rate in thirty (30) minute increments, and additional Software upgrades and new releases at the then current prices. 12. Re -Institution of Contract Maintenance and Support: If a Customer allows this Agreement to lapse, and subsequently desires to re -institute maintenance and support, Customer will be responsible for paying all prior maintenance fees for the period of lapse as well as pre -payment for the coming year. All Handheld Units to be covered by such services must be returned to T2 Systems or other service location as directed by T2 Systems personnel to be inspected and approved for maintenance, at Customer's cost. 13. Due Diligence: T2 Systems agrees that due diligence is required in servicing Customer's Handheld Units. T2 Systems agrees to notify Customer if necessary replacement parts are not readily available, and to provide Customer with an expected return date of the Handheld Unit. 14. Customer Responsibility. Customer agrees to cooperate with T2 Systems, as requested, in order to duplicate the problem, certify that the problem is with the Software or Handheld Units, and certify that the problem has been corrected. Customer shall inform T2 Systems in writing of any modifications made by Customer to the Software or Handheld Units, T2 SYSTEMS SHALL NOT BE RESPONSIBLE FOR MAINTAINING CUSTOMER MODIFIED PORTIONS OF THE SOFTWARE OR PORTIONS OF THE SOFTWARE AFFECTED BY CUSTOMER'S MODIFICATIONS. Corrections for difficulties or defects traceable to Customer's errors or Customer's modifications shall be billed at then - current time and materials charges. 15. Assignment. This Agreement may not be transferred or assigned by Customer to any other person or party without the prior written consent of T2 Systems, which shall not be unreasonably withheld. 16. Limitations of Liability. T2 SYSTEMS' CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS (UNDER ANY LEGAL THEORY) ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE MAINTENANCE FEES PAID BY CUSTOMER TO T2 SYSTEMS. IN NO EVENT SHALL T2 SYSTEMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR LOST PROFITS, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, AND THE LIKE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR HANDHELD UNITS, EVEN IF T2 SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NO DEALER, RESELLER, COMPANY, OR PERSON IS AUTHORIZED TO EXPAND OR ALTER THIS AGREEMENT. THIS LIMITATION IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT. 17. Severability. Should any provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, that provision will be deemed deleted, but will not affect any other provision validity; the parties expressly agree that every limitation of liability, disclaimer of warranties, and exclusion of damages is intended to be severable and independent of any other such provision, and to be enforced as such, and shall remain in effect even if a remedy is held to have failed of its essential purpose. 18. Modification. This Agreement may not be modified other than pursuant to an express written agreement executed by both T2 Systems and Customer. T2 Systems, Inc. 800-434.1502 www.t2systems.com rss-•:,... 11 -k m Inn. 19. Entire Agreement. This Agreement represents the entire agreement of the parties concerning maintenance and support of the Software and Handheld Units, and supersedes any prior proposals, representations, communications, advertisements, or understandings (whether oral or written). Level of Maintenance and Support selected by Customer (Check One): ® Standard 1-1 Enhanced CUSTOMER City of Fort Collins, CO Software Invoice 112620-M Prorated Term: January 29, 2007 through January 28, 2008 Hardware Invoice 112621 -M Term: February 6, 2007 through February 5, 2008 Signature: Qj �) '; IYlDldme: Ja.Ncs R• ©•a(e 111 ,.1� , C Pao Title: Di✓erne S Vaer A1';j i �i`,kh5 • Date: T2 SYSTEMS, INC}.. Signature: ►U^NG'WwWI Name: Sharon Beardsley Title: Senior Accountant Date: November 30, 2006 T2 Systems, Inc. 800-434-1502 www.t2systems.com Effective March 03, 2004 T2 PARKING HARDWARE MAINTENANCE FEE SCHEDULE Item description Annual fee per unit Radix Handhelds RADIX RX1 and FW300 Handheld Ticketwriter........................................................... $875.00 includes: RX-HP Printer and Handheld Software RADIX RX1 and FW300 RX-ML Loader/Charger with AC Adapter ....................................... $55.00 RADIX RX1 and FW300 Scanner............................................................................. $145.00 RADIX FW700 Handheld Ticketwriter...................................................................... $900.00 includes: RX-HP Printer and Handheld Software Handheld Software ONLY.................................................................................... $160.00 Svmbol Handhelds SYMBOL 1800 Handheld Ticketwriter with 8M Memory ..............................................1. $485.00 includes: Cameo 3 IRDA Printer and Handheld Software SYMBOL 1800 Handheld Ticketwriter with 8M Memory & Btuetooth Connectivity ................ $565.00 includes: Cameo 3 Btuetooth Printer, Zebra Portable Radio and Handheld Software SYMBOL 1800 Handheld Ticketwriter with 16M Memory ............................................... $525.00 includes: Cameo 3 IRDA Printer and Handheld Software SYMBOL 1800 Handheld Ticketwriter with 16M Memory & Btuetooth Connectivity ............... $595.00 includes: Cameo 3 Bluetooth Printer, Zebra Portable Radio and Handheld Software SYMBOL 1846 Handheld Ticketwriter (802.11 b) with 8M Memory .................................... $695.00 includes: Cameo 3 IRDA Printer and Wireless Data Communications Handheld Software SYMBOL 1846 Handheld Ticketwriter (802.11 b) with 8M Memory 8 Bluetooth Connectivity ... $755.00 includes: Cameo 3 Bluetooth Printer, Zebra Portable Radio and Wireless Data Communications Handheld Software SYMBOL 8846 Handheld Ticketwriter with 64M Memory & 802.11 b Connectivity ................. $765.00 includes: O'Neil MF4T Printer and Handheld Software SYMBOL 8846 PermitNow Handheld Ticketwriter with 64M Memory & 802.11 b Connectivity .. $815.00 includes: O'Neil MF2T Printer and PermitNow Handheld Software Handheld Software ONLY.................................................................................... $160.00 PermitNow Handheld Software ONLY..................................................................... $255.00 Wireless Data Communications Handheld Software ONLY ............................................. $355.00 TDS Recon Handhelds TDS Recon 200C Handheld Ticketwriter.................................................................. $665.00 includes: Cameo 3 Bluetooth Printer and Handheld Software TDS Recon 200C PermitNow Handheld Ticketwriter................................................... $760.00 includes: Cameo 3 Btuetooth Printer and PermitNow Handheld Software Handheld Software ONLY.................................................................................... $160.00 PernitNow Handheld Software ONLY...................................................................... $255.00 T2 Systems, Inc. 800-424-1502 www.t2systems.com Effective November 12, 2004 Item description Epson Handhelds Annual fee per unit EPSON EHT30 and EHT40 Handheld Ticketwriter....................................................... $635.00 includes: Thermal Printer, AC Adapter and Handheld Software EPSON External Dual Wall Battery Charger................................................................ $35.00 EPSON Charging/Communication Cradle................................................................... $55.00 Handheld Software ONLY.................................................................................... $160.00 Printers RADIX RX-HP Printer.......................................................................................... $110.00 RADIX FP40i Printer.......................................................................................... $145.00 CAMEO 3 IRDA Printer........................................................................................ $125.00 CAMEO 3 Bluetooth Printer................................................................................. $145.00 O'NEIL MF2T Printer.......................................................................................... $180.00 O'NEILMF4T Printer.......................................................................................... $225.00 EPSON 60mm and 80mm High Speed Printer.............................................................. $55.00 EPSON TMU200 Receipt Printer.............................................................................. $85.00 EPSON TMU375 and TMU270 Receipt Printer/Check Validator....................................... $105.00 Memory PCMCIA Flash ROM Memory Card 16MB..................................................................... $35.00 PCMCIA Flash ROM Memory Card 32MB..................................................................... $45.00 Communications Adapters T2 PowerParkw Communications Adapter 4 port ........................................................ $275.00 T2 PowerPark Communications Adapter 8 port ......................................................... $415.00 T2 PowerPark Communications Adapter 16 port ........................................................ $555.00 T2 PowerCom" Communications Adapter 8 port ....................................................... $625.00 T2 PowerCom Communications Adapter 16 port ........................................................ $965.00 Accessories Electronic Cash Drawer with Receipt Printer Interface ................................................. $45.00 Bar Code Wand Reader........................................................................................ $55.00 SYMBOL HotShot POS Bar Code Scanner.................................................................. $105.00 Voyager POS Bar Code Scanner............................................................................ $105.00 ZEBRA Portable Radio.......................................................................................... $45.00 Limited Warranty: T2 Systems, Inc. extends a limited warranty for the Molded Carrying Cases and Batteries under normal use and service for a period of one (1) year from the date of receipt. TZ Systems, Inc. 800.424-1502 www.t2systems.com Effective November 12, 2004