HomeMy WebLinkAboutResolution - 1378 - Agreement - HIS Inc - Data Processing Equipment - 04_28_1983RESOLUTION 1378 - 4/28/83
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement
(Agreement No. 124440) for Data Processing Equipment, Products and Services
between Honeywell Information Systems Inc. and City of Lubbock attached here-
with which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 28th
day of
BI:
ATTEST:
4
Evelyn G fga, City #ec4n
y-Treasurer
APPROVED AS TO CONTENT:
Joh Aldredge, Manager of Syste s and
Pr ramming
APPROVED AS TO FORM:
G. Vandiver, Assistant City Attorney
Apri
, MAYOR
1983.
R ntbULUI1UN 1510 Wzo,0s124438
Agreement No.
o n ewae l l AGREEMENT
FOR TIT-
rc rASUR:n
DATA PROCESSING EQUFNIENT, PRODUCTS "
AND SERVICES
between
HONEYWELL INFORMATION SYSTEMS INC.
200 Smith Street
Waltham, Massachusetts 02154`
a]ld:
`tit.'•of Lubbock
Customer Y— - e
Billing;Address -916 Texas Ave..Aubbock, Texas- .79457
Honeywell's data .processing equipment, products and services are provided subject to ..the terms and conditions herein and in
the Supplements and Schedules selected by Customer below (collectively referred to as the "Agreement"):
1. Supplements and Schedules
_ -;HIS Effective HIS Effective System
Title „J, Form# Date Title Form# Date Number Pages)
• Lease Supplement + Education Services
Financial Lease' Supplement
Supplement ` • Machine Time Services
Rental Supplement Supplement
• Sale Supplement • DATANETWORK Services
• OEM Sale-' Supplement f.;
Supplement ,_ Equipment/Software' ... .
Other: Product Schedule(s)' •462 LAU-',
y -
2.. Effective Date and Termination
This Basic Agreement. is effective when Honeywell signs it and continues in full force and effect until the last Supplement is
terminated:
3. Limitation of Remedy - -
3.1 Customer's exclusive remedy. and Honeywell's entire liability . for • equipment, Software Products, Auxiliary Products,
documentation and services is set forth in the Supplements, Schedules and Addenda, as applicable, listed in Section 1.
3.2 .ln :no event is Honeywell liable for:any -indirect; special or consequential damages arising• out of the Agreement or the
, ., use of any equipment, Software Products, Auxiliary Products, documentation and services provided under the Agreement.
3.3 Neither party may institute any action in any form arising out of the Agreement more than 2 years after the cause of
action has arisen, or in the case of nonpayment, more than 2 years from the date of last payment.
CUSTOMER ACKNOWLEDGES THAT IT HAS READ THE AGREEMENT (CONSISTING OF THE TERMS AND CONDITIONS
HEREIN AND THOSE IN THE FORMS LISTED IN SECTION 1 ABOVE) AND SHALL BE BOUND BY iTS TERMS AND'
CONDITIONS. •. .
ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE HEREOF
3� CITY OF LUBB XAS
HWWRXINFORMATION SYSTEMS, INC. »(XDQEX
By �� .. _ By
Title Title - Mayor -
'
Date Effective Date
4/28/83 4/28/83 -
HIS-400 Printed in U.S.A.
Basic Agreement 3/3/80
L
4. '-Charges — General
4.I The equipment, products and services selected by Customer and theircharges are established in the Supplements
and Schedules listed in Section 1.
4.2 Unless otherwise specified, all monthly charges for equipment, products and services are invoiced in advance on
_ the first day of each month and are due and payable 30 days from date of invoice. Monthly charges for a fraction
of a month are prorated on a 30 day basis. Other charges authorized by Customer -are invoiced as incurred and are
due and payable upon receipt of invoice.
4.3 Customer shall pay, or reimburse Honeywell, for all taxes imposed on Customer or Honeywell on any interest in
or use of the equipments Software Products, Auxiliary Products or service, or upon the Agreement, exclusive of
" personal property taxes which shall be paid by Honeywell,` except 'that;'personal,property' taxes'assessed on
purchased equipment and products on or after the date title -passes shall be -paid by Customer.
4.4 Unless otherwise provided, Customer shall pay all charges for transportation, rigging and drayage. All boxing,
crating and skidding used in the shipment of the equipment and products is the property of Honeywell and is
returnable at Honeywell's option.
S. Supplies
All supplies are to be provided by Customer and are to meet Honeywell's specifications or instructions:
6. Title
6.1 Title to purchased equipment and Auxiliary Products passes to Customer upon. (a) shipment. or (b) for installed. -
equipment being converted to purchase, on the date the prior Honeywell agreement terminates.
6.2 Title to equipment under lease, financial lease and rental remains with Honeywell.
63, Customershalt at its expense protect and defend Honeywell's title against all persons, keep the equipment and
products free from any legal process or encumbrance, give Honeywell immediate written notice thereof and
indemnify Honeywell from any loss caused thereby.
7. Indemnification
Customer shall indemnify and hold harmless Honeywell from any loss, claim or damage to persons or property, other
than the equipment, arising out of the Agreement or Customer's possession or use of the equipment, Software Products,
Auxiliary Products, documentation and services prodded, to the extent that such loss, claim or damage is not caused
by the fault of Honeywell. This indemnity survives the termination of the Agreement.
8. Default
8.1 If Customer is in default under the Agreement and such default continues.for.10 days -after written notice thereof-_ ,—
by Honeywell, then Honeywell may terminate the Agreement with respect to the affected equipment, product or-_
service. Honeywell has the right to declare -the entire amount of the unpaid balance and any other charges to be
immediately due and payable and to'exercise any other remedy existing at law or- in equity to include taking
possession of such equipment, products and documentation. Customer shall pay Honeywell all costs and expenses
' = including attorneys' fees incurred in exercising its rights or remedies.
8.2 In the event -of default by Customer, Honeywell may require Customer to assemble the equipment and products
_ _-... provided hereunder and make them available at a time and place reasonably convenient to Honeywell. No delay
' or failure of Honeywell to exercise any right or remedy operates as a waiver thereof.
9. General
9.I All orders are subject to acceptance. by Honeywell and fulfillment of Honeywell's credit requirements:
9.2 Honeywell is•not;liable for any failure or delay in performance due to any cause beyond its control.
9.3 The,Agreement and any part thereof may be amended only by a writing executed by Customer and Honeywell.
9.4 The.Agreement is governed by the law of the. Commonwealth of Massachusetts..
9.5 •- There are no express or implied warranties, including the implied warranties of merchantability and fitness for a--` -"
_ --particular.-purpose; not specified herein- the -Agreement or the -equipment, Software Products, Auxiliary --
Products, documentation and services provided.
9.6 Honeywell's obligations under the Agreement are limited to the continental United States.
9.7 Customer shall not export directly or indirectly any technical data, information or items acquired under the
Agreement to any country for which the United States Government (or any agency thereof) requires an export
license or other approval without first obtaining such written consent and shall incorporate in all export shipping
documents the applicable destination control statements.
9.8 Customer may assign the Agreement in whole or in -part only with the prior written consent of Honeywell.
Honeywell at its option has the right to assign the Agreement, all or part of the payments under the Agreement,
or sell the equipment under the Agreement, to the extent that Honeywell's obligations to Customer are not
affected. .
9.9 The Agreement represents the entire agreement between the parties regarding the subject matter thereof: and-
Honeywell
Agreement No.
Effective Date
System No. _
124438
SOFTWARE PRODUCT SUPPORT
SERVICE SUPPLEMENT
Customer City of Lubbock
This Supplement is a part of the Supplement dated
("Supplement") to the Agreement for Data Processing Equipment, Products and Services dated
and the Schedule dated between Honeywell and Customer ("Agreement").
Designated Central System Address:
916 Texas Ave.
Lubbock, Texas
1. Basic Software Product Support Service
1.1 For Application and System Software Products eligible under Honeywell policy, Customer receives Basic
Software Product Support Service ("Basic Support"), subject to the license provisions of the Supplement, at no
additional charge.
1.2 The Basic Support which is provided from a designated Honeywell location, is as follows:
A. Telephone access available to Customer 24 hours per day, 7 days per week and support services in
accordance with Honeywell's then current published policies and instructions;
B. Distribution of Software Product and related documentation, revisions and updates; and
C. Processing and responding to System Technical Action Requests (STARS) from Customer.
1.3 Customer's execution of the following responsibilities will assist Honeywell in performing Basic Support:
A. Designate to Honeywell an individual(s) to serve as Customer's primary contact with Honeywell for
Software Product problems. Such individual(s) will have the knowledge to relate the technical aspects of
Software .Product problems to Honeywell and receive, interpret and apply remedial instructions from
Honeywell;
B. Perform those problem definition activities and remedial actions prescribed by Honeywell; and
C. Install updates and revisions to the then current release or a Honeywell specified prior release of the
Software Products within 90 days from date of shipment by Honeywell of such updates or revisions or upon
instruction from Honeywell
1.4 If Customer requests any on site service by Honeywell including Software Product installation service, such
service is provided in accordance with Honeywell's terms, conditions, rates and policies then in effect.
1.5 If a Software Product is or operates under the current general release on the date that the License Term
commences, then Honeywell may alter or terminate Basic Support upon 180 days written notice effective on or
after the first 12 months of the License Term. If a Software Product is or operates under a Honeywell specified
prior release before the License Term commences, then Honeywell may alter or terminate Basic Support for such
Software Product effective at any time on or after commencement of the License Term upon 180 days prior
written notice.
2. Expanded Software Product Support Service
® Expanded Software Product Support Service ("Expanded Support") Election
By inserting a check (✓) in the box and affixing its initials in the space designated, Customer acknowledges
acceptance of Honeywell's Expanded Support. (Customer Initials).
2.1 Honeywell shall provide to Customer that Expanded Support which is offered for Honeywell System Software
Products. This service and its charges apply to all eligible System Software Products which are now or hereafter
licensed to Customer's Central System designated by the System Number on this Supplement.
2.2 Term
A. The Expanded Support Term of 1 year or such shorter period as provided under Section 2.5 commences on
the date that support service commences on any System Software Product in the Schedule.
B. Upon commencement of the term, Honeywell's obligation to Customer under any prior agreement covering
services provided hereunder for the System Software Products in the Schedule ceases for such sen•ices
only.
C. Either party may terminate Expanded Support at the end of the Expanded Support Term or thereafter
upon 90 days written notice. In any event, such service automatically terminates upon termination of the
license in the Supplement for the Software Product or as set forth in Section 2.5.
• ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF
HIS482B Printed in U.S.A.
SoftwELre Product Support Service Supplement 4/1182
2.3 Charges _
A. If there is an increase in Honeywell's published commercial Monthly Expanded Support Charge and
Honeywell gives 60 days written notice of such increase, then (i) 1 year after the Effective Date of this
Supplement, and (ii) 1 year after the Effective Date of a subsequent Schedule for an additional Central
System under this Supplement, and at any time thereafter,. Honeywell may implement such increase.
Honeywell shall not increase the Monthly Expanded Support Charge in excess of Honeywell's then current
published commercial Monthly Expanded Support Charge.
B. The Monthly Expanded Support Charge commences concurrently with the commencement of the
Expanded Support Term. The Monthly Expanded Support Charge for System Software Products subse-
quently added commences 30 days after the shipment of such Software Products.
2.4 Scope of Service
A. Honeywell's Expanded Support, which is in addition to Basic Support, is provided during hours in
accordance with Honeywell's then current published policies and instructions to assist both Honeywell and
Customer in the identification and resolution of Software Product problems. .
B. The Customer responsibilities set forth in Section 1.3 of this Supplement also apply to Expanded Support.
C. The Monthly Expanded Support Charge entitle' Customer to the following on the designated Central
System:
1. Consultation assistance during Customer's installation of System Software Products;
2. Review of required Customer System Software Product parameters during Customer's initial installa-
tion of System Software Products;
3. On line or direct use by Customer, if applicable, of Honeywell expanded support tools and services;
4. Development and application of a temporary fix or attempt an emergency bypass and assess the
corrective action;
5. - Assist Customer in the preparation of a System Technical Action Request (STAR); and
6. Assist witb the problems related to fhe installation of update and corrective information.
D. After Honeywell has performed the remedial service activities in Section .2.4C above, and additional
support is still required, Honeywell shall provide on site Software Product Support between the hours of
8:00 am. and 6:00 p.m. Monday through PYiday, excluding Honeywell holidays. At all other times, on site
Software Product Support is available in accordance with Honeywell's rates and policies then in effect.
E. All System Software.Product materials, including but not limited to documentation, emergency fixes or
bypasses developed under the Agreement are the property of HoneywelL Customer agrees to protect
- Honeywells rights in any such materials made available to Customer by Honeywell under this Supplement,
in accordance with the provisions of the Software Product License provisions in the Supplement.
2.5 If a Software Product is or operates under the current general release on the date that the Expanded Support Term
commences (or at the time of shipment for Software Products subsequently added hereunder), then Honeywell may
alter or terminate Expanded Support upon 180 days written notice effective on or after 12 months from the
commencement of the Expanded Support Term. If a Software Product is or operates under a Honeywell specified
prior release before the Expanded Support Term commences (or before shipment for Software Products subse-
quently added hereunder), then Honeywell may alter or terminate Expanded Support for such Software Product
effective at any time on or after commencementof the Expanded SupportTerm upon 180 days prior written notice.
3. General
3.1 Software Product Support Service Limitations
A. Software Product Support service is for the unmodified portion of eligible Application and System Software
Products which are operating under a then current Honeywell Software Product release or Honeywell
specified prior release. Software Product Support is available for modified portions ofApplication and System
Software Products in accordance with Honeywell's terms, conditions, rates and policies then in effect.
B. Neither Basic nor Expanded Support includes licensing or delivery of Application and System Software
Products, maintaining or repairing equipment, performing on site service prior to Honeywell's completion of
remedial service activities specified in Section 2AC, performing on site service outside of normal working
hours, performing systems engineering services. nor providing service to improve system performance or to
accommodate non -Honeywell hardware or software, nor supplying any patches that alter functionality, nor
service required as a result of Customer's fault, misuse, negligence, or failure to perform specified Customer
responsibilities. Such excluded services are provided, as available, in accordance with Honeywelrs terms,
conditions, rates and policies then in effect.
3.2 Installation
Installation of all Software Products is the responsibility of Customer. Installation or systems generation of all
Software Products and Software Product revisions, updates and releases is not included under this Supplement.
3-.3 Limitation of Remedy
Customer's exclusive remedy and Honeywell's entire liability in contract, tort. or otherwise arising out of or in
any way connected with service hereunder is the payment by Honeywell ofactual damages. but is not to exceed 50% of
the Monthly Expanded Support Charges paid by Customer to Honeywell or $1 0,000.00,whichever is less.
C%%
�Q
d. Software Product Schedule
Number of Software Product configurations below:
Agreement No.: _
Effective Date: _
Page of
Total
Monthly
Annual
Expanded
Software
Software
Software
License Monthly
Initial Product
Product
Product
System
Term License
License Support
Support
Number
Title
Number(s)
(Year(s)) Fee
Fee Charges
Service Charge
5.1 System Software Products-
1
SES 6200
GCOS
LA27
N/C
594
1
SEU 6210
Utility
LA27
N/C
N/C
1
SEP 6201
TSS
La27
N/C
N/C
1
SEL 6220
Cobol 68
LA27
N/C
N/C
1
SES 6202
TPE
LA27
N/C
N/C
1
SEL 6202
Fortran
LA27
N/C
N/C
1
SEH 6200
PCF
LAN
170
30
1
SFL 6201
-Cobol 74
LA27
262
26
1
SES 6201
GRTS II
LA27
273
-
44
1
SN 1230
3270
LA27
166
36
1
SEC 6202
FTF
LA27
16
2
_
887
732
b.2 Application Software Products.
HIS-462
Equipment Sale/Software Product Schedule
Printed in, U.S.A.
3/3/80
4. Equipment Provisions
The following provisions apply to the equipment listed on the reverse side hereof.
4.1 Principal Period of Maintenance (PPM)
Where Honeywell maintenance service has been elected, Customer is entitled at no additional charge to
preventive and remedial maintenance service during the Principal Period of Maintenance (PPM) which is the
number of consecutive hours per day speed on the reverse side commencing 8:00 a.m., Monday. through
Friday, excluding Honeywell's published. holidays.
4.2 Scheduled Extended Maintenance
Where Scheduled Extended Maintenance Service is selected by Customer (specified on reverse ude), Customer
will pay additional monthly charges as follows:
% of Total Basic Monthly Maintenance Charge
Payable as an Additional Monthly Chzrge
Product Class
2
91415,
T
2,11
Scheduled Extended Maintenance Period
Selection
Code
6, C 12
s On Weekdays (Monday through Friday)
— More than 10 consecutive hours per day,
lA
—
25%
40%
30%
up to and including 16 consecutive hours,
inclusive of the PPM.
— More than 16 consecutive hours per day,
1B
2D%
35%
80%
50%
inclusive of the PPM.
— For PPM hours in Section 1 commencing other
1C
10%
10%
15%
10%
than as provided in Section 4.1 above.
On Weekends
Saturdays
— Any period of time
2A
10%
—
—
-
- Up to and including any 10 consecutive hours
2B
—
?%
15%
'10%
— More than 10 consecutive hours
2C
—
10%
25%
20%
Sundays
— Any period of time
3A
12%
—
—
-
- Up to and including any 10 consecutive hours
3B
—
8%
15%
10%
- More than 10 consecutive hours
I 3C
-
1 12%
25%
20%
Monday through Friday means 8:00 a.m. Monday to 8:00 a.m. Saturday; Saturday means 8:00 a.m. Saturday to 8:00 a.m.
Sunday; and Sunday means 8:00 a.m. Sunday to 8:00 a.m. Monday.
��� ��� Agreement No. 124438
Effective Date
Page 1 of 1
EQUIPMENT SALE/SOFTWARE PRODUCT SCHEDULE
Customer City of Lubbock
Installation Address 916 Texas Avenue, Lubbock, Texas 79457
The Agreement for Data PffTing Equipment, Products and Services dated (Basic Agreement") including
the Sale Supplement, HIS- ��UUUU dated apply to the following items ordered by Customer.
1. Equipment Schedule Total
Number of equipment configurations below 1 Basic
Monthly Total
Product System Maintenance Purchase
Qty. Model Number and Description Class Number Charge Price
(See Section 2 below)
_ PPM Hours , Scheduled Extended Maintenance Period(s) - enter code(s) from reverse side or "NIA":
*Installed Equipment Being Total Purchase Price $
Converted to Purchase
Less: Cash Down Payment $
Plus: Installment Sale
Interest Charges on Amount Financed $
Total Balance Due $
2 Purchase Maintenance Election (Check One)
❑ Customer has elected Honeywell Maintenance service — ❑ Customer has not elected Honeywell maintenance service —
complete the charges in the Total Basic Monthly Mainte- insert "N/A" in the Total Basic Monthly Maintenance
nance Charge column above. Charge column above.
S. Installment Payment Purchase
The Total Balance Due shall be paid by Customer in consecutive monthly installments of $
each.
HLS1462 Printed in U.S.A.
Equipment We/Software Product Schedule 3/3/60