HomeMy WebLinkAboutCAG2002-0420 - Original - ImageSource, Inc. - Support Services Agreement - 04/01/2002 MWWM � MMaw,O.a�i �= _� �� IMOP U� �� s�
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Support Services Agreement
Annual Software Assurance
Annual Software Professional Support
Annual Hardware Maintenance
Locations and Notifications
Agreement Anniversary Date
Start Date: Per individual Schedule in Exhibit A
Agreement Date: 4-1-02
Licensee Physical Location
City of Kent Attention: Jim McKenney
2220 4TH AVENUE SOUTH Title: Sr. Systems Analyst
Kent, WA 98032-5895 Phone: 253-856-4606
Licensee Billing Information
City of Kent Attention: Jim McKenney
2220 4TH AVENUE SOUTH Title: Sr. Systems Analyst
Kent, WA 98032-5895 Phone: 253-856-4606
Notices to /mageSource, Inc.
Written notices must be given, as required in the"General Provisions" Notice section of this Support Services
Agreement, to the following:
(mageSource, Inc. Attention: Shadrach White
612 51h Avenue SW, #204 retie: Director of Professional Services
Olympia, WA 98501 Phone: (360) 943-9273
Fax. (360) 943-4449
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1. Annual Software Assurance
ImageSource, Inc. ("ImageSource") will provide Software Assurance for the Solution subject to Licensee's
payment of applicable Annual Software Assurance. The Solution is defined as the software provided by, or
supported by ImageSource and specifically listed in this Agreement.
Software Covered Under This Agreement
ImageSource shall provide Software Assurance only on the items set forth in
Program Exhibit A—"Annual Software Assurance Coverage".
Software Assurance Services
ImageSource shall provide the following services as part of Software Assurance:
Software Assurance coverage provides software minor updates for the same major software version up to
version X.999, where"X" is the major version. Software Assurance is NOT an extension of the warranty
period; rather it runs concurrently with any warranty.
Software assurance does not provide a major upgrade from version "X"to another major version "Y",
except where provided by the software manufacturer. However, Software Assurance may provide special
pricing provisions and significant discounts for a major upgrade to version "Y".
All support services for the Licensee current on this plan are through ImageSource by the"Licensors"—
xxxxxxx OIT, Optika, OTG, Kofax, Captovation, etc. xxxxxx. These support services include:
1. A subscription to any Licensors Technical Bulletin.
2. Access to any Licensors Technical Support Knowledge Base.
3 Access to any Licensors BBS/Web site providing utilities and patches.
4 Additional services provided to ImageSource on behalf of the Licensee by the Licensor are provided only
through the Annual Software Professional Support("ASPS")program indicated in this Agreement,or
through a ProSAM Program as defined in this Agreement Such support will include, but not be limited to:
a Assistance related to questions on the use of the Solution through telephone, email, or on-site
support
b Assistance in identifying and determining the causes of suspected errors or malfunctions in the
Solution
c. Advice on detours or workarounds for identified errors or malfunctions,where reasonably available.
d. Information on errors previously identified by Licensee and reported to ImageSource,and detours to
these where available.
e. Advice on the completion and authorization for submission of the required form(s)for reporting
identified problems in the Solution to ImageSource.
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2- Annual Software Professional Support ("ASPS")
ImageSource will provide Annual Software Professional Support("ASPS")services for the Solution subject
to Licensee's purchase of the Annual Software Professional Support program as indicated in Program Exhibit
A—"Annual Software Professional Support Coverage".
Professional Services Coverage
ImageSource may provide the following services as part of ASPS and the ProSAM Program described later in
this section. Except as otherwise provided herein, ImageSource shall provide the maintenance between the
hours of 8:30am-5:00pm, Pacific Time, Monday through Friday, excluding ImageSource holidays as indicated in
Program Exhibit B.
All work performed outside the outlined support hours, will be billed at ImageSource most current overtime
rate, one (1) hour minimum.
Escalation Procedures; Remedies
Escalation procedures for an unsolved maintenance issue will vary according to the impact of the problem.
Minimally, when a failure has not been corrected within two (2) business days the following escalation
procedure will be followed:
1 The Support Engineer will notify the Director of Professional Services and the call will be placed on Priority
Status
2. A Senior Support Engineer will immediately be dispatched on-site and other ImageSource Support resources
will be contacted as appropriate
3 The Senior Service Engineer will escalate to the manufacturer/software manufacture if the condition is not
remedied within one business day.
A"system inoperable"condition or a critical operational issue will advance all timeframes above by 24
hours.
Software Maintenance— On-line Support
ImageSource may execute on-line diagnostics from a remote ImageSource location to assist in the
identification and isolation of suspected Program errors or malfunctions. Licensee must provide equipment
as outlined in section "Hardware Maintenance" Licensee Responsibilities.
Software Maintenance— On-site, email and Telephone Support
During the period of time covered by the Agreement, ImageSource will perform installation and testing of
any new Licensor minor update releases that are included in the Software Assurance Agreement.
ImageSource will provide timely telephone, email and on-site support to maintain the Solution and other
customization provided by ImageSource. Reasonable working space at the Licensee's site will be provided
to ImageSource as required.
All time used will be deducted from the relevant ASPS or ProSAM balance account and are recorded in the
ImageSource Pro Time Incident Tracking System. With a minimum on-site call being one hour, all time
will be deducted in % hour increments for all on-site (after the first hour), email, and telephone support. All
hours used will be tracked by the assigned, and/or onsite technician. This record is reviewed and audited
weekly by the Professional Services Manager. The reports provided by Pro Time are available for review
by the Licensor every quarter, or as special circumstances dictate.
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Digital Solutions
If a problem occurs which significantly impacts Licensee's usage of the Licensed Program and remains
unidentified or unresolved either by detour or permanent correction after Licensee has taken the
ImageSource prescribed action, ImageSource will dispatch a representative to the system location during
regular Business Days and Hours, 8:30am-5:00pm, Pacific Time, Monday through Friday, excluding
ImageSource holidays which are listed on Exhibit B, ImageSource Holiday Schedule.
The representative will arrive in one business day or less. In addition, at this time the System Engineer will
notify the Professional Services Manager and the condition will be placed on Priority Status.
The support provided under this program does not include(unless specifically stated in the written
agreement) duties normally associated with on-going LAN Administrator tasks, recovery of databases that
were not properly backed up, and normal data base administration tasks (reorganizing data base, running
backups, restoring data bases, reviewing logs, updating statistics, capacity planning, etc.). The licensee
will bear full responsibility for backing up the Solution according to industry standard practices. The
Licensee will not hold ImageSource liable in any way for consequences resulting from lost data caused by
the unavailability of appropriate back up data.
ImageSource will provide or make available:
1 Advice and assistance in diagnosis and identification of errors or malfunctions in the Licensed Program
2. On-site consultation on correction or detour of identified errors or malfunctions.
3. Advice and assistance on completion of form to report errors or malfunctions to ImageSource as specified in
the reporting procedure
Other Professional Services Available Under ASPS and ProSAM
The Licensee may request, and are encouraged that ASPS or ProSAM hours be utilized for any of the
following:
Consultation Reinstallation
Training Customization&Reconfiguration
Design Analysis Project Management
Minor Projects Solution Enhancements
Upgrade Installation Update Installation
WEB Development
Error and Malfunction Service
ImageSource will either:
1 Provide Licensee with detour or code correction to the program error or malfunctions. 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 Licensee of the problem resolved
and any significant operational differences resulting from the correction which is known by ImageSource;or
2. Provide Licensee with a written response describing ImageSource'then existing diagnosis of the error or
malfunction and generally outlining ImageSource'then existing plan and timetable for correcting or working
around the error or malfunction.
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Software Assurance updates and Maintenance Release Services
ImageSource will provide error corrections and Maintenance releases to the Solution which has been
developed by ImageSource. ImageSource will also install Software Assurance updates as requested by
the licensee. Each Software Assurance or 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 Licensee of the problems resolved including any significant differences
resulting from the release which are known by ImageSource.
If either ImageSource or the Licensee installs updates, Licensee agrees to carefully follow release
instructions, review system operations after installation, and report any problem detected as soon as
possible.
Travel Expense
Any Licensee located outside of the east and south Puget Sound area from Marysville to Olympia, may
incur travel and/or living expenses incurred by ImageSource should it become necessary for ImageSource
employees to be on-site at the Licensee's location for any reason Automobile travel will be deducted from
the program at 50% of the normal rate. Other expenses will be billed, as they are incurred, outside the
scope of this Agreement.
Documentation Updates
ImageSource shall provide to Licensee one copy of any revised or additional documentation describing the
Licensed Program, which ImageSource makes generally available to other entities receiving Standard
Technical Support Services from ImageSource.
Annual Software Professional Support—ASPS Hours Available
ImageSource agrees to provide software maintenance and/or provide other professional service support
indicated above as requested by the Licensee until the number of hours indicated in Program Exhibit A
have been expended. All remaining unexpended time expires on the Anniversary Date.
If the hours indicated in Program Exhibit A have been expended prior to the Anniversary Date, the
Licensee may acquire appended support hours for the balance of the year to the next Anniversary Date as
indicated on Page 1. The acquisition of appended support hours is accomplished under the ProSAM
Program as indicated later in this section. All remaining unexpended time expires on the Anniversary
Date.
ProSAM Program Appended Time ;ImageSource EDWMS Systems&Support
If ASPS hours expire prior to the Anniversary Date, ProSAM Program
ImageSource will provide ProSAM support services for the
Solution subject to Licensee's purchase of ProSAM hours. ss than 10 hours $225.
ImageSource agrees to provide software maintenance and 10- 14 $200.
or professional service support as requested by the
Licensee as needed under the same conditions as the 15-24 $ 185.
ASPS, and until those hours have been expended. Rates 25-49 $ 175.
indicated are subject to an annual adjustment of no more
than 5% based on the anniversary date of this Agreement. 50-74 $ 160.
75+ $ 150.
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3. Annual Hardware Maintenance
Hardware Covered Under This Agreement. ImageSource, in consideration of the annual maintenance charge
provided for herein, agrees to provide Hardware Maintenance only on the items set forth in Program Exhibit A
"Annual Hardware Maintenance Coverage".
Service Hours and Response Times
Except as otherwise provided herein, ImageSource shall provide the maintenance between the hours of
8:30am-5:OOpm, Pacific Time, Monday through Friday, excluding ImageSource holidays as indicated in
Program Exhibit B.
All work performed outside the outlined support hours, will be billed at ImageSource most current
overtime rate, one(1) hour minimum.
ImageSource will use its best efforts to respond to a request for services within one(1) hour via telephone
after receipt of such inquiry. If on-site diagnosis or service is necessary, then ImageSource will use its best
efforts to arrange for such diagnosis or service to take place by a ImageSource authorized representative
within eight (8) business hours after a determination is made that it is necessary.
What is Covered
ImageSource will provide qualified representatives or authorized service providers to service your hardware
equipment. Coverage includes all travel time, mileage, labor, and parts.
What is Not Covered
This agreement does not include furnishing or replacement of consumables. Installation of supply items
will be performed without charge if the Service Representative is present for regular service reasons. A
regular service charge will be made if a special call is requested only for the purpose of installing supply
items. Lamps, glass, print kits, paper, toner, starter toner, fuser oil, fuser rollers, imaging units (after
warranty), optical disk media, cleaning kits and drums are considered expendable supply items.
This agreement does not cover service, repairs, or parts necessary because of accident, misuse, abuse,
neglect, theft, vandalism, electrical power failure, alteration, fire, water, or other casualty, acts, or omissions
in performance or repairs or service by non-ImageSource personnel, malfunction of parts or attachments
not supplied by ImageSource, or use of supplies or spare parts not meeting ImageSource' specification.
This Agreement does not cover periodic or automatic preventative maintenance to clean or adjust any
hardware item. Operators will be trained to perform such tasks, as required, at the time the hardware is
installed, or may request such instruction when the Technician is present or by use of the ASPS program
for professional services.
Coverage Eligibility
The equipment must be in good working condition on the commencement date of this Agreement.
ImageSource'charges for parts and labor required to place the equipment in such condition will be invoiced
to the Licensee at ImageSource then-current rates.
This Agreement shall become effective on the date of equipment installation or, if the equipment is already
in place from a prior implementation, on the date of this Agreement.
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Relocation Service
Relocation Services are not covered under this Agreement but Professional Services from ImageSource
may be utilized for this purpose and the time may be deducted from the ASPS.
Upon receipt of at least thirty(30) days prior written notice, ImageSource will perform reinstallation service
for Equipment to be relocated by Licensee. In this case, all Travel Time to and from the ImageSource
facility in Seattle will also be deducted at 50% of the regular rate under ASPS. Also, any expenses or
materials used by ImageSource in providing the reinstallation will be billed to the licensee. All zone and
extended maintenance uplifts, will apply during relocation.
Standards
ImageSource will have the equipment maintained to conform to its published specifications and to be in
good working order. ImageSource and the Licensee agree that equipment may not be available during
periods where it requires maintenance.
It is the responsibility of the Licensee to ensure that all of its files are adequately duplicated and
documented and that the licensee conforms to the terms and conditions of all software and equipment
manufacturer licensing provisions as applicable. ImageSource will not be responsible for Licensee's failure
to so do.
ImageSource is not responsible for the cost of reconstructing data stored on disk files, tapes, memories,
etc., lost during the course of any maintenance services performed pursuant to this Agreement as the
Licensee must maintain appropriate backup and duplicate back up data to mitigate such a circumstance.
ImageSource reserves the right to replace any part with new or refurbished parts of equivalent functional
specification.
Limitations of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR
PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER OR NOT SUCH
PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS.
IMAGESOURCE EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS
SUPPLIED OR SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT, MODULE
OR EQUIPMENT FOR A PARTICULAR PURPOSE.
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Genera/ Provisions
Automatic Renewal
This Agreement shall renew automatically on the Anniversary Date indicated on Page 1. ImageSource will
bill the Licensee for a one year renewal of all programs indicated in this Agreement. Rates at renewal time
for Professional Services, Software Assurance, and Hardware Maintenance may be adjusted, but will not
exceed a 5% increase over the prior year.
If the Licensee desires to cancel any portion of this Agreement upon the next Anniversary Date, a
notification to ImageSource at the address stipulated on Page 1 must be mailed to ImageSource prior to 45
days from the Anniversary Date. If desired by the Licensee, ImageSource will meet with the Licensee at
any time prior to this to discuss the renewal.
Licensee's election not to subscribe to this Agreement or any portion, has no effect on the term of this
Agreement or on the term of any license created by this Agreement.
Cancellation During Term
This Agreement may not be cancelled, and refunds of any money paid will not be made for any reason
during the term of the Agreement from one Anniversary Date to the next Anniversary Date.
Use of Licensee Solution and Computer
When ImageSource performs services pursuant to this Agreement which require the use of the Licensee's
computer system(s), the Licensee agrees to make it available at reasonable times and in reasonable time
increments, and in no event will the Licensee charge the ImageSource for such system use.
If the Licensee wants to add new software to the workstations or Servers, the Licensee should contact
ImageSource to be advised if the new software will affect the performance of the system. Failure to do so
could result in billable support to the Licensee if service is required.
Licensee agrees to furnish ImageSource access to the software modules when performing service—
subject to Licensee's reasonable industrial security and safety rules. Licensee must provide the necessary
data communications equipment and operating software at its location to support remote problem diagnosis
and maintenance.
Licensee Responsibilities
Licensee agrees to furnish ImageSource reasonable access to the Equipment when performing service
subject to Licensee's reasonable industrial security and safety rules. If applicable, Licensee shall provide
the necessary data communications equipment and operating software at its location to support remote
problem diagnosis and maintenance. Upon installation of Hardware upgrades, Licensee agrees to follow
release installation instructions, review system operations after installation, and report any problem
detected as soon as possible. Reasonable storage space at the Licensee's site will be provided to
ImageSource as required.
Severability and Waiver
If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the
whole of this Agreement, but such terms or provisions shall be deemed modified to the extent necessary in
the court's opinion to render such terms or provisions enforceable, and the rights and obligations of the
parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent
and agreements of the parties herein set forth.
Either party's failure to exercise a right available to it by reason of the other party's breach shall be taken as
an isolated instance and shall not be deemed to be a permanent waiver of such right.
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Notice
All notices, requests and other communications permitted or required under this Agreement must be in
writing, and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery
when delivered personally; (ii) by overnight courier upon written notification of receipt; (iii) by certified or
registered mail, return receipt requested, five (5) days after deposit in the mad. All notices for both parties
shall be sent to the addresses set forth on Page 1 of this Agreement.
Force Majeure
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder
on account of strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes, acts of God, war,
governmental action, or any other similar cause, which is beyond the reasonable control of such party. If
any force majeure event occurs, the party delayed or unable to perform shall give immediate notice to the
other party.
Governing Law
This Agreement will be governed and construed in accordance with the laws of the State of Washington as
applied to transactions taking place wholly within Washington. The courts of the State of Washington
located in the County of King and the United States District Court for the State of Washington shall have
exclusive jurisdiction of any legal proceeding regarding this Agreement, and the parties expressly submit to
the jurisdiction of said courts.
No Assignment
This Agreement shall be binding upon the parties' respective successors and permitted assigns. Neither
party may assign this Agreement, or any of its rights and obligations, without the written consent of the
other party which is not to be unreasonably withheld. Any internal corporate reorganization by Licensee
that does not involve any entity other than Licensee which results in a change of name or form of legal
organization of Licensee ("Reorganization") shall not be considered an assignment hereunder, and
Licensee may engage in such Reorganization without the consent of ImageSource and without affecting its
rights and obligations under this Agreement.
Any reorganization of the ImageSource which results in a change of name or ownership shall not effect this
Agreement, and upon any such change, the Licensee shall receive Services of a quality no less than
Licensee received prior to the assignment.
Entire Agreement
This Agreement, and its appendices, set forth the entire understanding between the parties hereto and
supersede all prior agreements, arrangements, and communications, whether oral or written, with respect
to the subject matter hereof. No other agreements, whether oral or written, shall be deemed to bind the
parties hereto with respect to the subject matter hereof.
This Agreement may not be modified or amended except by the mutual written agreement of the parties.
However, Program Exhibits A may be changed to reflect additional product coverage as the Licensee may
add to the Solution or implemented additional Solutions. Exhibit B will change annually as ImageSource
Holidays and relevant dates change every year.
Countersignature
This Agreement is void if not countersigned and returned by ImageSource to Licensee within five(5)
business days after Licensee has signed and delivered it to ImageSource. Schedules issued subsequent
to this Agreement(and its initial Schedule(s))will be void if not countersigned within five(5) business days
after Licensee has signed and delivered it to ImageSource.
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Authorization
IN WITNESS WHEREOF,the parties have executed this Agreement in duplicate counterparts, each of which
shall be deemed an original but both of which together shall constitute but one instrument.
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Authorized Signature Authorized Signature
Print Name Print Name
Title Title
Date Date
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PROGRAM EXHIBIT A
City of Kent
Annual Software Assurance Coverage
—Coverage between 4-1-02 and 3-31-03
Extendedi Part# Unit Cost
Brand Qty Model Description Cost
O tika 60 CC-101 Acorde Concurrent connections levell 301.05 18063
O tika site CL-101 Acorde Seat Site lic. 4250
Ca tovation 4 EC-ST-0021 EcScan level 1 292 1168
Ca tovation 4 EC-ID-1001 Eclndex 425 1700
Ca tovation 1 EC-10-1000 Ecindex OCR module 119 Paid thru 4-03
Optika 1 EBR-ERP- Acorde adapter for JDE One World 3825. Paid thru 4-03
001 SW integration
O tika 1 EBP-LOB-001 Acorde line of business link 2550 2550
O tika 1 CC-102 Acorde ERM lic 240 Paid thru 4-03
TOTAL for Annual Software Assurance $27,731
Annual Software Professional Support—ASPS— Hours Provided
—Coverage between 4-1-02 and 3-31-03
Product .t .
ASPS
ProSAM 80 150 12000
TOTAL for Annual Software Professional Support 12,000
Annual Hardware Maintenance Coverage
—Coverage between 4-1-02 and 3-31-03
Brand Qty Part#/ Description Serial Number Extended
Model Cost
TOTAL for Annual Hardware Maintenance
This Support Services Agreement will auto renew yearly.
ImageSource is limited to a maximum 5%increase in annual rates for ASPS/ProSAM rates.
Terms of payment are Net Invoice. Applicable Taxes are Not Included in the above amounts.
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PROGRAM EXHIBIT B
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ageSource, Inc. 2002 Holiday Schedule
ars Day-------------------------------------------------------------January 1, 2002
resents Day-----------------------------------------------------------February 18, 2002
Good Friday------------------------------------------------------------------March 29, 2002
Memorial Day------------------------------------------------------------------May 27, 2002
Independence Day-------------------------------------------------------------July 4, 2002
Labor Day----------------------------------------------------------------September 2, 2002
Thanksgiving Day----------------------------------------------------November 28, 2002
Day After Thanksgiving---------------------------------------------November 29, 2002
Christmas Eve----------------------------------------------------------December 24, 2002
Christmas Day----------------------------------------------------------December 25, 2002
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Dw
s II IIIII IIII)INI III
612 Fifth Avenue SW 4 1 8 7
Suite 204
Olympia, WA 98501 Customer ID
USA IIIIIIIINIIIhllll
Voice: (360) 943-9273 1 3 6 3
Fax: (360) 943-4449 Page: 1
Sold To:CITY OF KENT Ship to: A�'('av ,
220 4TH AVENUE SOUTH
ATTN: ACCOUNTS PAYABLE
KENT, WA 98032-5895
USA
Invoice Date: Customer PO Payment Terms
Apr 23, 2002 CONTRACT RENEWAL Net 30 Days
Sales Rep ID Ship inq Method Ship Date Due Date
W. Cullen Hower Best Way 5/23/02
Quantity Item Description Unit Price Extension
60.00 BA-101 ACCORDE CONCURRENT CONNECTIONS 301.05 18,063.00
LEVEL 1
1.00 CL101 OPTIKA ACORDE PRODUCTION CLIENTS 4,250.00 4,250.00
SITE LIC MAINT
4 .00 EC-ST-0011 MAINT ECSCAN LEVEL 1 ANNUAL MAINT 292.00 1, 168.00
4.00 EC-ID-1000 SA CAPTIVATION SA FOR EC-ID-1000 425.00 1,700.00
1.00 EBP-LOB-001 MAINT ACCORDE LINE OF BUSINESS LINK 2,510,00 2,551*11
MAINT
80.00 PROSAM PROFESSIONAL SERVICES 150.00 12,000.00
I
Subtotal 39,731.00
Check No: Sales Tax 2,218.48
A finance charge of 1.5% per month will be charged Freight
on all overdue balances. Total Invoice Amount 41,949.48
Payment Received 0.00
TOTAL 41,949.48
Received By: Dater�S �Y