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Home My WebLink About5075 Contract Number 5075 Vendor Duncan Parking Technologies, Inc Subject AutoCITE and AutoISSUE Maintenance Contract and Software & Firmware User License Agreement Department City Clerk File Class: LEG 12 -1 Begin Date: 10/1/2011 End Date: 9/30/2012 Review Date 8/1/2012 Vault Date. r161� Comments CLOSED 9/30/12 'e _, AutoCITE and AutoISSUE AN1vUAL MAINTENANCE CONTRACT i REV J � �� e > �� 3 � �� ° ` a��n �� Contract Number: �' (�Zf�21�1�� Duncan Park�ng Technologres, Inc. (DPT) (now a Duncan Solutions Company) offers a umque Maintenance Contract, beyond the one-year warranty penod, w�th every AutoCITE hand-held computer, AutoISSUE System purchased This contract �s offered as an add�tional service to our customers to provide the most trouble-free, effic�ent, cost-effectrve mamtenance for the AutoCITE Systems Th�s contract prov�des the followmg features 1. GUARANTEED REPLACEMENT COMPUTERS Guaranteed replacement computers for all models currently manufactured by DPT (now a Duncan Solut�ons Company), upon request, wrthm three working days, are provided at no cost wh�le any repair work ts bemg completed at Duncan Parkeng Technologies, Inc. on any DPT (now a Duncan Solut�ons Company) - manufactured unrt requ�nng repair Whenever a hand-held computer requ�res repair, rt ts the respons�bil�ty of the customer to do two thmgs 1) you must place a call to the engmeeruig serv�ce center to get verbal consultation on the problem 2) If rt is deemed necessary to send the umt to DPT (now a Duncan Solut�ons Company) for repa�r, a Return Mater�al Author�zat�on (RMA) number must be issued by the Duncan Park�ng Technologies Engmeenng Serv�ce Center Farlure to obta�n an RMA number w�ll hrnder the turnaround trme of the repalred unit Then the umt should be shipped from the customer to Duncan Parking Technologies, Inc. A Drv�s�on of Duncan Solutions, Inc. 5924 Balfour Court Swt� 102 Carlsbad, CA 92008 (760)945-9893 That umt should be sent SECOND DAY AIR, referencmg the RMA number on the outs�de of the shippmg carton Unon recruest, a loaner unit will be sent by the same method to the customer Return of the loaner umt must also be made v�a SECOND DAY AIR as soon as your umt is repa�red and returned The customer is responsible for all sh�pments, mcludmg those costs from their facilrty to the Engmeermg Service Center 2. PRIORITY BASIS REPAIRS Insures a pr�onty basis for any repa�r work requ�red Duncan Parking Technologies (now a Duncan Solut�ons Company) will repau (or replace rt at our d�scretion) any unrt and return it wrthm two weeks from the t�me rt was rece�ved 3. SOFTWARE UPGRADES After the customer purchases the system, mcludmg purchases of other systems for later expansion, subsequent software enhancements mstalled at Duncan Park�ng Technologies's d�scretion to repair a problem or correct system operation, will be provided at no add�t�onal cost, as long as the warranty per�od or annual mamtenance penod has not expired Duncan Parkrng Technologies (now a Duncan Solutions Company) does not normally �mst�tute changes m ex�sting vers�ons of AutoCITE and AutoISSUE to correct problems unless it �s the most exped�ent solution to a problem Rather, we will provide the latest released Rev�s�on J Page 1 of 4 July 2011 f ��` AutoCITE and AutoISSUE ANNUAL MAINTENANCE CONTRACT � REV J vers�on of software compatible wrth the customer's computer and network env�ronment to remedy any problem It �s DPT's ' (now a Duncan Solutions Company) sole discret�on as to wh�ch vers�on of firmware or software will be mstalled, as long as all functional�ty of the customers purchased modules �s mamtamed 4. CUSTCI MER INITIATED CHAIVGES REQUIRING UPGRADES OR ADDITIONAL PRODUCT In the event a customer requests or requues a software upgrade due to changes m the�r operatmg envvonment, such as but not lim�ted to, chang�ng their operatmg system or network software or mstallmg new PC hardware, that results m DPT (now a Duncan Solut�ons Company) software mcompat�bility or moperabil�ty, the customer will be charged for the engmeermg time, at our current hourly rate, to restore the DPT (now a Duncan Solut�ons Company) software to a functional state If DPT decides rt is most expedient to upgrade the software to the a newer version the customer will not be charged for the newer soflware but will srill be responsible for the engmeenng time requued to make the customer's DPT (now a Duncan Solutions Company) software operate correctly This contract allows the end user to purchase any Duncan Solutions products (enforcement handhelds, smgle space meters, multi space meters, etc) 5. EQUIPMENT FROM OTHER MANUFACTURERS If the customer purchases IBM or other compat�ble equipment t� be used as the AutoISSUE Host Computer, through DPT (now a Duncan Solut�ons Company) or elsewhere, then the origmal manufacturer must prov�de warranties and mamtenance of such equipment If these Computer System are leased through DPT (now a Duncan Solutions Company), or elsewhere, the warranty and mamtenance of the host computer will be provided by the ongu�al equipment manufacturer, not by DPT DPT (now a Duncan Solut�ons Company) will provide consultation and recommendat�ons on correct�ve actions, which may be necessary 6. EXCLUSIONS The origmal warranty, th�s mamtenance contract, and any other annual mamtenance contract shall become mvand if the product hardware or software �s or has been abused, misused or altered The ongmal warranty and th�s mamtenance contract does not cover damage, includinQ broken displaYS or touch panels, due to abuse, neglect, m�shandlmg or �mproper use Remote access to the AutoISSUE PC, via the Internet usmg PCAnywhere, must be available to Duncan Parking Technolog�es (now a Duncan Solutions Company) techmcal staff m order for the warranty and mamtenance contracts to be valid F�rst response under this contract will be via the Internet If the problem cannot be resolved, by telephone or returmng the failed component for repair, a customer serv�ce representat�ve will respond to the customer s�te If our d�agnosis of a malfunction of the system md�cates the problem is caused by hardware or software not under our warranty or mamtenance contracts, such as, but not limrted to, the customer hardware which may be runnmg our system or other hardware or software of the customer operatmg on the same system as our hardware and software, the customer will be billed for travel expenses and labor at our current hourly rate, plus mater�als, for our diagnosis and mvestigation of the malfunchon Paper products used m the AutoCITE, which were not provided through DPT (now a Duncan Solut�ons Company), are not supported e�ther under warranty or under this contract Paper defects or disrupt�on of normal use due to such defects or problems will not be the responsibil�ty of DPT (now a Duncan Solutions Revision J Page 2 of 4 July 2011 ,^ �;� AutoCITE and AutoISSUE ANNUAL MAINTENANCE CONTRACT j REV J Company) Use ofpaper products not supplied bv DPT (now a Duncan Solut�ons Company), or not adherin�? to our paper specifrcatrons mav irrvakdate th�s contract If the Warranty or any Annual Mamtenance Contract on any hardware or software has expired, an add�t�onal checkout fee will be charged before approval and �ssue of a new serv�ce contract DPT (now a Duncan Solut�ons Company) �s not and cannot be respons�ble for the mstallat�on, mamtenance or any type of support for the MS WINDOWS Operatmg Systems, ORACLE Data Base Server software or any other th�rd party software or hardware 7. NORMAL USAGE The customer agrees not to alter the System components m any manner and agrees to operate them under normal workmg conditions If any hardware components should be damaged, wh�le m the possession of the customer by other than normal usage, the repair cost will be a maacimum of $1,995 00 (for ma�or damage) per umt damaged if any hardware component should be lost, stolen, or damaged beyond repau, the total replacement cost shall be the origuial purchase price of the eyutpment (Example AutoCITE Model Series 3 _ $3,200) Th�s mamtenance contract is the yearly mamtenance contract wh�ch 2s bemg offered to you as a contu►uation of the ongmal one-year warranty that was mcluded as part of the purchase price It can be extended each year, or renewed, for a small addrtional cost, and the execut�on of a new mamtenance contract each year The attached schedule shows the coverage period and the cost of th�s contract for the commg 12-month per�od To avotd repau cost and keep your system under mamtenance protection, please mclude your check for the md�cated amount and execute this mamtenance contract by signmg and returnmg a copy wrth your check City or Agency Representative ame �1�4- �5�'� T�tle �in4�etu.P �,/U�C�s�l�f�G�v,� Date /() Il - / / Agency L(� � �fG/Y►f,�"�F�t Duncan Parkmg Technolog�es, Inc (now a Duncan Soluttons Company) '�% ' � ri � � � '�� ' � � 3 8 �� n " "€ `� < i �,'s , fOY ,�t � Name Gavm Jones Title Pres�dent Date c l �20 � 6{ Revis�on J Page 3 of 4 July 2011 � yi� 1 �� ` >, City of Br�nerton Page 4 of 4 �riod to Be Cbver�d By This MaintPS�nce Agr'eerrexit Fzrxn: 10/01/2011 Tb: 09/30/2012 IArticles Cavered by Agreerrent Serial 1V�mnber ( s) for NPMST 2956 MaintP�z�nce fee eact. Quazltlty S't.rb Zbta1 Serial N�nber ( s) for S3AT 66089 66092 66093 66094 Maintenarice fee eac1: Qua.nti t�. Stib Tbtal AutoISSUE Software b'i.lb Zbt�.l Tb t'al $30.00 1 $30.00 $400.00 4 $1600.00 +.�• �• --------------- --------------- $2,230.00 *The annual m��ntenance fees are the curre,nt fees and az� y for the tezm of ttus agreerraent (22 rronths) . Maintenance fees ar� subject to increase wi.thout notsc+e and the next r�newal of the annual ac�nent wvuld .t� ad�usted acc�o to the new fees �� t �n $� �� 3 � �p a E '"a,uA � � > .� � �� i AutoCITE and AutoISSUE SOFTWARE AND FIRMWARE USER LICENSE AGREEMENT Rev G The fumware provided with the AutoCITE handheld computers and the AutoISSUE host software mstalled on the PC and/or Server systems are proprtetary products of Duncan Parktng Technologtes, Inc., (DP7) (now a Duncan Solutions Company) and protected under United States copyright laws Therefore you must treat these firmware and software products accordmgly The firmware and software contamed w�thm the AutoCITE computer �s not to be copied or reproduced m any form for any reason The software provided for mstallation on your PC and/or Server systems (AutoISSUE host systems) may be copied for archival purposes only and may not be used on more central processmg umts (CPU) concurrently, than the number of purchased l�censes, without pnor wntten approval from DPT (now a Duncan Solut�ons Company) These licenses are for the sole use of the purchasmg agency and cannot be used by or for any other agency or deparhnent without prior wr�tten approval by DPT (now a Duncan Solutions Company) This firmware or software can not be provided to any other unlicensed user, under any c�rcumstances In the event of loss, misplacement or damage of the or�gmal soflware or archive copies, DPT (now a Duncan Solut�ons Company) will provide an add�t�onal copy upon request, at an appropriate cost for DPT (now a Duncan Solut�ons Company) tune and matenals to produce and deliver such copy Any misuse, tampenng, attempts to open the AutoCITE handheld computer, or copymg the AutoCITE or AutoISSUE firmware or software, or any other reproductions not specifically authonzed by DPT (now a Duncan Solutions Company), will violate and void this agreement DPT (now a Duncan Solutions Company) ►s not and cannot be respons�ble for the mstallat�on, ma�ntenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Base Server software or any other third party software or hardware DPT shall not m any case be hable for spec�al, mcidental, consequential, mdirect or direct costs, mcludmg but not l�m�ted to, those mcurred as a result of loss of profits or revenue, loss of use of any computer program, loss of data, costs for recreatmg data, and the costs of any subst�tute programs or for other sumlar costs Agency Representatrve: Name /�b��cL (7�- SG ,,�/ Trtle �nQ�/1 r-(G�i S.JQi'L'��5�/�VG' Date /� � 2 ` / � � I Duncan Parlang Technology, Inc.: (now a Duncan Solurions Company) �t '�� s ��`"��s��>`�� x _w� �f' r -' � for ,',� Name Gavm Jones Trtle Pres�dent Date q �Zp ( i � Rev�s�on G Page 1 of 1 July 2011 �° ,��`�.