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Home My WebLink AboutContract 44740 (2)CITY SECTARY CONTRACT NO. 1 /1- 1/0 TECHNOLOGIES Itemized Quote # Ft.WorthPD_513-032613_Software Support 2013-2014 REV B1 Quote For: Ms. Stephanie Potter Fort Worth Police Department — Crime Lab 3616 E. Lancaster Fort Worth, TX 76103 (817)392-4562 Stephanie.Potter@fortworthg ov.org item Quantity Prepared By: Michal Temple Foray Technologies 3911 5th Ave, Ste 300 San Diego, CA 92103 (619)858-1360 Ext 513 (619)858-1366 (Fax) mtemple@foray.com Item Description SOFTWARE SUPPORT 2 Date Prepared: Updated 07-08-13 Single User, One-year duration, Foray Technologies Software Support, to include: Unlimited access to the Foray Technologies' Support Desk Monday throuoh Friday. 5:00am — 4:00om Pacific Time. Free ADAMSTM software updates and new version upgrades Internet based remote diagnostics and troubleshooting of ADAMS software. Customer must have internet access and provide access to the ADAMS system. Please be advised that this plan does not include on -site technical support nor does it provide support or warranty coverage (replacement) of hardware components. For more Shipping Method: N/A Reference (P 0 Number): Unit Price Extended Price $1,660.00 $1,660.00 1 The prices contained on this price sheet are valid for a period of 90 days. Thereafter, all prices are subject to change without notice. Payment terms are payable upon receipt. 1 'rrm.r!_, P! CORD 2 As the sole distributor and developer of the ADAMS software, Foray Technologies is the only company authorized to provide technical support for the ADAMS system. e.e�udr:��RY r- 9. WORTH, TX Item Quantity Item Description Unit Price Extended Price information about these types of coverage, please contact your local Foray Technologies representative. SOFTWARE COVERED: Quantity 1 Each—ADAMS"" Digital Workplace, Audit Trail Workstation & Filter Bundle DATES OF COVERAGE: June 16, 2013—June 15, 2014 Subtotal Taxes (or government tax exempt number ) TOTAL ADDITIONAL OPTION: Attendance at Foray User Group Meeting $99.00 3 Attendance for One Attendee at Foray Technologies User Group Meeting, which includes; • One -Day Attendee Fee for User Group Meeting • User Familiarization Training • Product Development Updates • Development input 3 This cost does NOT include any travel expenses (air, hotel, car, per diem, etc.) for the User Group Meeting Event $1,660.00 N/A $1,660.00 SOFTWARE SUPPORT AGREEMENT TERMS AND CONDITIONS 1. COVERAGE. Subject to the terms hereof, FORAY TECHNOLOGIES will provide support services as described in Section 2 (the "SUPPORT SERVICES") to CLIENT for ADAMS TM ("SOFTWARE"). 2. SUPPORT SERVICES. SUPPORT SERVICES available include: A. "STANDARD SUPPORT SERVICES", which consist of assistance and similar SUPPORT SERVICES by telephone in connection with the use and operation of the SOFTWARE, including maintenance software updates and new version upgrades to the ADAMS TM SOFTWARE (software updates and new version upgrades to the ADAMS SOFTWARE are not provided in Level 1 and Level 2 SUPPORT SERVICES Agreements); 3. OPTIONAL SERVICES. The following optional services are not covered as part of this agreement and can be purchased separately: A. Operating System Upgrade - Upgrade a workstation or server Operating System to a new version B. Adams Software Migration - Remove client SOFTWARE from a workstation and install it on a new workstation. C. Server Migration - Move one or more server components (web, database, repository, etc) from an existing server to a new server. D. Server Consolidation - Combine multiple ADAMS repositories onto a single server. 4. EXCLUSIONS. FORAY TECHNOLOGIES shall have no obligation under this Agreement to support: A. Altered, damaged or modified SOFTWARE or any portion of the SOFTWARE incorporated with or into other software; B. Use of third party software other than as specified, installed, supplied or approved in writing by Foray Technologies; C. SOFTWARE problems caused by CLIENT's negligence, abuse or misapplication, or other causes beyond the control of FORAY TECHNOLOGIES; D. SOFTWARE installed on any hardware than does not meet the minimum specifications as provided by FORAY TECHNOLOGIES; E. Hardware -related problems; F. Sites without remote support software and intemet access. Further, FORAY TECHNOLOGIES shall have no obligation to provide EXTENDED EMERGENCY SUPPORT SERVICES, PERSONNEL TRAINING SERVICES or CONSULTING SERVICES, unless such services are purchased at FORAY TECHNOLOGIES' current time and material rates. CLIENT shall be responsible for registering with all manufacturers applicable warranty cards for the third party software, if applicable, as provided by FORAY TECHNOLOGIES for use with the SOFTWARE. 5. PAYMENT. A. Payment of the annual fees for STANDARD SUPPORT SERVICES shall be made prior to the commencement of the initial term or the subsequent annual term, as applicable, to the AGREEMENT. B Charges for EXTENDED EMERGENCY SUPPORT SERVICES, PERSONNEL TRAINING SERVICES and CONSULTING SERVICES which may be provided pursuant to this AGREEMENT shall be paid by CLIENT due upon receipt or before services are to be provided. C. In the event that CLIENT fails to make payments pursuant to this Section 5, and such payment is not received within thirty (30) days of such payment date, FORAY TECHNOLOGIES may, at its option, cancel or suspend the provision of any services or products to CLIENT, whether pursuant to this or any other agreement between FORAY TECHNOLOGIES and CLIENT, until such charges have been paid. If FORAY TECHNOLOGIES decides, at its option, to reinstate this AGREEMENT, CLIENT must first pay FORAY TECHNOLOGIES any fees due and, at FORAY TECHNOLOGIES' option, FORAY TECHNOLOGIES' current reinstatement charge (see Section 7). 6. TERM AND TERMINATION This AGREEMENT shall commence on the date set forth above and shall continue for an initial one year term. Client will have the option to renew AGREEMENT on an annual basis. Terms and conditions may be subject to change upon renewal, provided that Foray Technologies provides the client with written notice of such change or changes at least 90 days prior to the Renewal Date of this AGREEMENT. Foray Technologies may terminate the AGREEMENT at its discretion by notifying CLIENT via registered mail with sixty (60) days notice. If Foray Technologies terminates the Agreement prior to its expiration, CLIENT shall be entitled to a pro rata refund of pre -paid annual fees attributable to the period from the effective date of termination through the end of the then -current term. 7. OUT OF SUPPORT POLICY FOR SOFTWARE If the SOFTWARE has not been covered under a continuous SUPPORT SERVICES AGREEMENT, the following reinstatement fees for SUPPORT SERVICES to the SOFTWARE may apply, at FORAY TECHNOLOGIES' option: If the previous SUPPORT SERVICES AGREEMENT lapse is < 6 months, A. The client may be required to pay the service and maintenance for the lapsed period (priced at the current rate) B. Pay for a 12-month (minimum) Service Agreement from current day forward. If the previous SUPPORT SERVICES AGREEMENT lapse is => 6 months, A. The client may be required to pay the service and maintenance for the lapsed period (priced at the current rate) B. Pay a 15% of Annual Renewal Reactivation Fee C. Pay for a 12-month (minimum) Service Agreement from current day forward. 8. LIMITATION OF LIABILITY FORAY TECHNOLOGIES' liability for damages from any cause of action whatsoever relating to FORAY TECHNOLOGIES' agreement to provide services hereunder shall be limited to the amount paid by CLIENT for such services. THIS AGREEMENT is dated and effective on the date or dates as set forth above. Foray, LLC dba Foray Technologies: CLIENT: LG %Lc1L ka---ncILL' i I _-scc4e Signature Fgnature i i e ILA_/ 7-,Jct.,/ AC\ xks W , Dcn► Is Printed Name Printed Name Sd Les n o€ fa--/-i err7S PtSSi 3fc..r1-1- - h M c.r61-ex Title 1 Title �- 9- 08. 2/. /3 Date Date Remit Address: Foray Technologies 3911 5th Ave, Suite 300 San Diego, CA 92103 (619)858-1360 (619)858-1366 (Fax) ACCEPTED AND AGREED: APPROVAL RECOMMENDED: By: t, Jeffrey . Halstead Chief of Police _ Date: APPROVED AS TO FORM AND LEGALITY: By 7 (1 Denis McE IzFby Sr. Assistant City At Contract Authorization: M&C: Nib sAA4 C Rtb Date Approved: (76 ( 2013 ATTEST: By: Mary .1, Kays _ City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX