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HomeMy WebLinkAboutComputer Aided Dispatch System (CADS) - Annual Software License And Service Agreement FeesAPPENDIX C HTE as Contractor fort Integrated Computer Concepts, Inc. 3250 Arlington Hts. Road Suite 210 Arlington Heights, IL 60004 EXTENDED MAINTENANCE AGREEMENT Integrated Computer Concepts, Inc. (ICCI) in consideration of the promises and covenants contained herein, grants to: The City of Evanston 2100 Ridge Avenue Evanston, IL 60201 (Customer) an Extended Maintenance Agreement pertaining to all licensed ICCI program products performing on all ICCI supplied or approved equipment according to the following terms and conditions. PART 1 - PROGRAM PRODUCT SUPPORT Customer is hereby granted an Extended Maintenance Agreement (EMA) by this agreement. The term of the EMA is five years beyond the initial warranty period with expiration six years after the Delivery Date specified in our system license and maintenance agreement. An EMA carries all of the service and update features of the Annual Maintenance Agreement including updates, enhancements, and program fixes made during the term of the Maintenance Agreement. Customer's use of the Program Products is limited exclusively to equipment or systems supplied or approved by ICCI. ICCI shall not supply any support services nor shall ICCI be liable for any damage in the event that any portion of the Program Products is used in equipment other than that supplied or designated by ICCI. Customer shall receive written authorization from ICCI before attaching equipment to the network not approved by ICCI. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from ICCI. Customer may be liable for additional charges in conjunction with this equipment. Customer acknowledges that the system supplied, known as MOREtm because of its unique operating properties, is a matched system of components which must not be altered, modified, or tampered with without specific assistance from ICCI designated personnel. ICCI shall not be liable for any damage or loss of function which results from violating the hardware environment. In the event of the failure of any hardware component supplied under this agreement to function or operate in conformance within specifications, ICCI shall have no obligation for warranty beyond that of the hardware manufacturer. An Annual Extended Maintenance Fee of $11,425)shall be invoiced and payable prior to the Delivery Date of the original agreement-: customer shall renew the Maintenance Agreement for 4 one year terms . The option to renew will be deemed exercised unless the Customer gives ICCI notice of its intention not to renew the Maintenance Agreement at least thirty (30) days in advance of the date upon which the Maintenance Agreement would otherwise be renewed. ICCI shall have the right to increase the Annual Extended Maintenance fee 2% above the of the Consumer Price Index, Chicagoland area, as published by the United States Government. PART 2 - GOVERNING LAW This Agreement shall be of no effect until accepted by ICCI at its Corporate Offices in Arlington Heights, IL, along with the payment defined in Part 7 of the original Agreement, and shall be governed and construed in accordance with the Law of Illinois. In the event that any provision of this Agreement shall be invalid, illegal or unenforceable in any respect under any statute or rule of law, then only such provision shall be deemed invalid, illegal or unenforceable and the remainder of this Agreement shall remain in full force and effect. PART 3 - FORCE MAJEURE Should any circumstances beyond the control of ICCI or Customer (hereinafter "events of Force Majeure") occur that delay or render impossible the performance of an obligation due under the provisions of this Agreement, such obligation will be postponed for such time as necessary, or canceled if performance has been rendered impossible thereby. Events of Force Majeure shall include without limitation, accidents, acts of God, labor disputes, acts, laws, rules or regulations of any government or government agency or other events beyond the control of "ICCI" or Customer. PART 4 - ENTIRE AGREEMENT - MODIFICATIONS This Agreement, the original Agreement, and all appendices, state the entire agreement between the parties and supersede all prior proposals, communications or agreements whether oral or written. Provisions of this Agreement are for the benefit of the parties hereto solely and not for the benefit of any other person or entity, No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of customer and ICCI. Any written waiver, alteration or modification made in accordance with the provisions hereof shall be of no effect unless expressly incorporating this Agreement by reference. Customer having agreed to abide by and perform according to the provisions set forth hereinabove, signifies its acceptance of this Extended Maintenance Option through the signature of its duly authorized representative who has hereunto set his hand this day of , 1992. Autho ed by HTE Contractor on qV 19 ju Zi ed Sig natur Authorized"' ap rov of the City of Evanston on , 1992 Authorized Signature --- Ac pted fo Integrated Computer Concepts, Inc. (Licensor) Daniel M. Monopoli( PrWeident Late ,r N Headquarters: 390 N. Orange Ave., Suite 2000, Orlando; R1.32801-1693 0 (407) 841-3235 Application Solutions for Govermrient 4111 I V 1 .0 E ;. c' a .e a e e il'IF. E'Uk31...IC °$Al E::TY 11...I_.:Ih3il:;.k: II. -IC., AI'Thin SAL:.INA DITCH 059CI NOE.'TH 012(-NGE:: AVENUE, SUITE ;i'(%M(:'{ Oh:L ANDO;, I '1... 32(001. - 1'!.)9; El',1t1N8 it.)hl I°OL,ICI DEPARTMENT INVi1i(`.E NO. {=f00513 f3'T"'1-hl:, i1LsYi1 I:EI'iii(3I13KY l:hfV4:?It:l: T7t;'T't.:: 021:2.9196 FL.P1tdOCA) AVENUE PROJECT NO. EVA14 E:V(N-4r31"0I,I It. 6til:?011 ah13;lL1,lI.. NATHTE'NANCE E-i:::E E'OR tl-IE: PERIOD 02%20 9'7- , PER F;PNT.'NDIX C OF IRE PROGRAM t''1=ODUCfS L.:IE'.(:1i'SE AND DELIVERY (-}(:RE::F:MENT. (O(i.l'1i3:h3fit.. (E(' OF W;,f123„00 a W;,600„00/YR FOR ADDITIONAL IzJORKSTFIION 81TE LICENSEE; FURCt-IftSED 07/ 3r3/9K $:151025.00 i'OTr`,i_. AMOUNT DUE: THIS _r.NVO7:CE:! TERMS: Net Cash upon receipt of Invoice. Please Remit check and duplicate copy of invoice to: HTE, INC.. P.O. Box 628258 . Orlando, FL 32862-8252 e (407) 841-3235 HTE as contractor for: Integrated computer Concepts, Inc. 3250 Arlington Hts. Road Suite 210, Arlington Heights, IL 60004 PROGRAM PRODUCTS LICENSE and DELIVERY AGREEMENT Integrated Computer Concepts, Inc. (ICCI) as Licensee, in consideration of the promises and -covenants contained herein, grants to: THE CITY OF SV3WBTON 2100 Ridge, Avenue Evanston, IL 60201 (Customer) a License to use certain ICCI program products on ICCI supplied or approved equipment according to the following terms and conditions. PART 1 - LICENSE ICCI grants to customer a nonexclusive, nontransferable right to use the program products specified in Part 3 hereof in ICCI supplied or approved equipment which is operated by Customer for Customer's sole and exclusive benefit. PART 2 - TERM The License granted by ICCI to Customer shall continue in effect for one year from the delivery date, unless the provisions of this agreement have been breached. The option to renew will be deemed exercised unless the Customer gives ICCI notice of its intention not to renew the License at least thirty (30) days in advance of the date upon which the License would q1;herwise renew. The annual license fee for the system shall bei$1000.00., The annual License Fee shall be waived and presumed paid as part of the Annual or Extended Maintenance Agreement attached to this Agreement as Appendix C and made a part hereof. Customer shall acquire no right or title to the Program Products regardless of the length of time this License remains in effect. PART 3 - ICCI SUPPLIED PRODUCTS ICCI shall supply the Application Programs specified in Appendix A and D and made a part hereof. In addition, ICCI shall supply any specialized hardware products necessary for the performance of certain special features or functions in their system. These items shall be identified in Appendix B, made a part hereof. Appendices A,B and D shall constitute the complete list of deliverables by ICCI. ICCI assumes no liability for the hardware products specified under Appendix B. Customer acknowledges that these products were selected by Customer to support features desired by Customer, and that they are included in this agreement solely for that purpose. The customer shall designate at least one system administrator responsible for the.coordination of installation and training activities for the system. The designated client representative shall attend recommended training classes prior to the Delivery Date, as well as function as the jurisdiction's resident system operational reference. NOTE: ICCI interfacing systems support and responsibility shall be limited to the final features possible for mobile data terminals, as determined by the specifications of the manufacturer selected; and for automatic vehicle location information as determined by that systems manufacturer. ICCI will supply Program Products to accomplish said integration to the fullest extent possible within the constraints imposed by the suppliers of the mobile data terminals and automatic vehicle location equipment. PART 4 - PROGRAM PRODUCT SUPPORT For the License Fee stipulated ICCI shall, at its option, repair or replace any licensed Program Product which fails to execute its programming instructions due to defects in materials or workmanship for one year from the Delivery Date, provided that the Program Product has not been subject to alteration other than as instructed or performed by ICCI personnel. Customer is granted an Extended Maintenance Agreement (EMA) as part of this Agreement(See Appendix C). The term of the EMA is five years beyond the initial warranty period with expiration six years after the Delivery Date. An EMA carries all of the serv'^e and update features including updates, enhancements, and program fixes made during the term of this Agreement, 4.1 Emergency Services - After the Acceptance Date, ICCI shall provide services related to emergency situations which shall include a software failure that would prevent Customer from processing incoming or outgoing calls usi:,g the CAD system software supplied pursuant to this Agreement. In an emergency situation, if the problem cannot be resolved by electronic communications within 2 hours of notification of ICCI, the Customer may request, and ICCI or its subcontractors must provide, a duly trained technician to be dispatched to the Customer's site. At the Customer's direction, ICCI will use the most expedient means of transportation available. If the existence of the error is confirmed to be in the software provided as part of this Agreement, ICCI will not charge the Customer for any time or travel expense charge. If it is ultimately determined that the error was not due to the software provided as part of this Agreement, ICCI has the right to bill the Customer, at the then current rate, for documented time and travel expense, including time charges for the diagnostics of the problem, which ICCI may have incurred. 4.2 Routine, service - Routine service shall include, without limitation, a malfunction of any software supplied by ICCI or its subcontractors, pursuant to this Agreement, which does not affect the ability to process emergency calls for service. ICCI shall respond within 4 hours from the time of the Customer's call for a request for routine service. It is contemplated that all routine service shall be provided during normal business hours. If the existence of the error is confirmed to be in the software provided as part of this Agreement, ICCI will not charge the Customer for resolution of the error. if it is ultimately determined that the error was not due to the software provided by this Agreement, ICCI has E the right to bill Customer, at the then current rates, for time and travel charges, including time charges for the diagnostics of the problem, which ICCI may have incurred. 4.3 The Customer acknowledges that the continued integrity of the CAD system is dependent upon installation in the Program logic of all updates to the system which is provided by ICCI to the Customer. ICCI shall have the right to charge for any additional effort which results from providing program services of an altered Licensed Program or for a release which is not current. 4.4 In the event that Customer is subject to fees for service under Part 4 of this Agreement, such charges 'shall be ICCI's then current rate. The current rate for such services is $85 per hour, with a minimum charge of two hours. Customer's use of the Program Products is limited exclusively to equipment or systems supplied or approved by ICCI. ICCI shall not supply any support services nor shall ICCI be liable for any damage in the event that any portion of the Program Products is used in equipment other than that supplied or designated by ICCI. Customer shall receive written authorization from ICCr before attaching equipment to the network not supplied by ICCI. Authorization shall not be withheld unlesssaidequipment will cause operational damage to the system, or require undue system support from ICCI. Customer acknowledges that the system supplied, known as MORE tm (MultipleOperationRealtime Environment) because of its unique operating properties, is a matched system of components which must not be altered, modified, or tampered with without specific assistance from ICCI designated personnel. ICCI shall not be liable for any damage or loss of function which results from violating the hardware environment. In the event of the failure of any hardware component supplied . under this Agreement to function or operate in conformance within specifications, ICCI shall have'no obligation for warranty beyond that of the hardware manufacturer or that specified in Appendix B. Customer shall have the option to renew the Maintenance Agreement for additional one year terms, or on an extended basis. The option to renew will be deemed exercised unless the Customer gives ICCI notice of its intention not to renew the Maintenance Agreement at least thirty (30) days in advance of the date upon which the Maintenance Agreement would otherwise be renewed. ICCI shall have the right to increase the annual or extended maintenance fee 2% above the accumulative total of the Consumer Price Index, Chicagoland area, as published by the United States.Government. PART 5 - DELETED PART 6 - NOTICE Any notification which is required to be given to ICCI pursuant to the provisions of this license shall not be effective unless delivered by Certified Mail to Integrated Computer Concepts, Inc., 3250 Arlington Heights Road Suite-210, Arlington .'Heights, IL 60004. M Notification to Customer shall be made by Certified Mail to the address listed earlier in this Agreement. PART 7 - PAYMENT OF AGREEMENT FEES The total net -fee for this agreement, excluding the Extended Maintenance Agreement, is $200,000. These charges. include software fees as specified in Appendix A, hardware costs as specified in Appendix B, and BETA fees as specified in Appendix D. Payments are due and payable in accordance with the following schedule: A. Forty (40) percent ($80,000) at the time of contract acceptance (Contract Date). B. Thirty (30) percent ($60,000) at the time of the of the delivery of CAD Software and Alerts Interface (Delivery Date). C. Fifteen (15) percent ($30,000) at the time of completion of installation to include Records Management and BETA products. (Installation Date). D. Fifteen (15) percent ($30,000) ninety -days after the acceptance of system by Customer. E. Extended Maintenance Agreement fee of $11,423 at time of Delivery. (Delivery Date). See Appendix C. subsequent license and maintenance fees are due within the thirty (30) day period preceding the expiration of the existing Extended Maintenance Agreement. All license fees will be invoiced and are payable at the Corporate offices of ICCI in Arlington Heights, Illinois, or their then current address. PART 8 ^ WARRANTY - LIMITATION OF LIABILITY ICCI warrants that it is the owner of the Program Products or has the right to permit Customer to use same. ICCI further warrants that the Program Products conforms, at least, to its written program documentation at the time of delivery. ICCI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR ANY KIND OR NATURE WHATSOEVER CONCERNING THE PROGRAM PRODUCTS, THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, other than the one year warranty provided for in Part 4 of this Agreement. ICCI shall be responsible only for the products and Program Products as initially supplied, and for changes made to the products and Program Products by ICCI's authorized representatives. ICCI will not be responsible for the consequences of attempts at changes or modifications to the products and Program Products made by Customer or any, other party. Customer shall be entitled to recover from ICCI damages incurred by the Customer for the following: a. payments referred to in the patent, copyright and trade secret provisions in Part 11, and damages otherwise specifically provided for in this Agreement; b, bodily injury (including death), and damage to real property or personal property resulting from ICCI's performance, or failure to perform, under this Agreement; C. any other loss or damage resulting from ICCI's performance, or failure to perform, under this Agreement, provided that such damage shall be limited to the greater of $100,000, the charges for the product or service that is the subject of the claim, or the charges recurring over.a 12 month period for the product or service that is the subject of the claim. PART 9 - TITLE.& MODIFICATIONS ICCI retains all title, rights and interest in the Program Products and any modifications or improvements thereto provided to Customer or made by ICCI's representatives. PART 10 - COPY AND USE Customer shall have the right .to use the Program Products in equipment or systems supplied or approved by ICCI while this Agreement is in ef f ect. 'Customer shall have:the right to make copies of the Program Products and the associated written documentation for archival purposes only. Any copies made by .Customer shall be the property of ICCI. Customer will neither attempt nor allow to be attempted the reverse engineering on, or disassembly of the software. PART 11 - COPYRIGHT PROTECTION The software and any written documentation associated therewith are protected under the Copyright Laws of the United States. Customer acknowledges that ICCI has the following exclusive rights with regard to the Program Products: to reproduce the Program Products in any and all forms; to adapt, transform or rearrange the Program Prorl++cts; to prepare other products derivative of the Program Products; and to control the distribution of the Program Products. Customer agrees not to act in contravention of any of ICCI Is rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices in the Program Products and written documentation. PART 12 - ASSIGNMENT & TRANSFER The Program Products, including copies thereof, made in any medium and the associated written documentation, are to be used for the sole and exclusive benefit of Customer and for no other person or entity. No assignment or delegation of any right or duty under this Agreement may be made by Customer without the -express prior written consent of ICCI. Any assignment, delegation or use attempted to be made without the written consent of ICCI shall be null and void for all purposes. To the extent that ICCI may reveal trade secrets, processes, procedures or other system operating methods to Customer or a Customer representative, Customer agrees to preserve the confidentiality of said disclosures through proper agreements with any Customer representative. PART 13 - FAILURE TO COMPLY WITH AGREEMENT In the event that Customer or ICCI should fail to comply with the terms or provisions ofthisAgreement, the other party, at its option, may issue written notice to the non -complying party of the terms which it has not observed. The notice shall inform the non -complying party of the actions it must take to correct the violation and shall grant the non -complying party at. least 30 days to cure such failure or violation. If the failure or violation is not cured within the time specified in the notice, the Agreement may be terminated upon the issuance of a final termination notice and the non -complying party shall further be subject to any other remedies afforded by this Agreement. PART 14 - TERMINATION in the event of termination of this Agreement, or any portion the by expiration of its term or by either party, Customer shall immediately discontinue use and return the original and all copies of the Program Products of ICCI along with the original and all copies of written documentation. Customer shall immediately destroy any copies of Program Products in electronic or other memory. An authorized representative of ICCI, upon.request, shall be afforded sufficient access to Customer's premises to verify that all -use of the Program Products has been discontinued. PART 15 - GOVERNING 'LAW This Agreement shall be of no effect until accepted by ICCI at its Corporate Offices in Arlington Heights, IL, along with the initial payment defined in'Part 7 above, and shall be governed and construed in accordance with the. Law of Illinois. In the"event that any provision of this Agreement shall be invalid, illegal or unenforceable in any respect under any statute or rule of law, then only such provision shall be deemed invalid, illegal or unenforceable and the'remainder of this Agreement shall remain in full force and .effect. PART 16 - FORCE MAJEURE Should any circumstances beyond the control of ICCI or Customer (hereinafter "events of Force Majeure") occur that delay or render impossible the performance of an obligation due under the provisions of this Agreement, such obligation will be postponed for such time as necessary, or canceled if performance has been rendered impossible thereby. Events of Force Majeure shall include without limitation, accidents, acts of God, labor disputes, acts, laws, rules or regulations of any, government or government agency or other events beyond the control of !'ICCI" or Customer. PART 17 - PERFORMANCE GUARANTEE BY HTE HTE, as Contractor, and its subcontractor ICCI agree to provide software and services as defined in this Agreement. in addition to providing management and administrative services in the performance of this Agreement, HTE warrants that if ICCI cannot complete the terms of this Agreement, HTE will complete the installation and training for the ICCI products and will provide ongoing support, as contracted, to maintain system functionality, and will otherwise fully perform all ICCI's commitments under this Agreement. PART 18 - ENTIRE AGREEMENT - MODIFICATIONS This Agreement and its accompanying appendices and exhibits state the entire agreement between the parties and supersede all prior proposals, communications or agreements whether oral or written. Provisions of this Agreement are for the benefit of: the parties hereto solely and not for the benefit of any other person or entity. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of Customer and ICCI. Any written waiver, alteration or modification made in accordance with the provisions hereof shall be of no effect unless expressly incorporating this Agreement by reference. This Agreement and its accompanying appendices shall be binding on ICCI and all corporate successors. M customer having agreed to abide by and perform according to the provisions set forth hereinabove, signifies its acceptance.of this. Program Product License, through the signature of its duly authorized repres ntative who has hereunto set his hand this, -� r day .of ��st-r' 1992. A ized by approval of HTE as Contractor on�/viu<z� S� , 1992 2)OA,,U/s `J ul pPE/z , V f�'FivANGE Name & Title (typed or'�rinted) /�..--� Auifiarize Ss ign re Authorized -by The City of Evanston Name & T' yp d or.printed) Aut'hoYxz�d signature for Integrated Computer Concepts, Inc. (Licensor) el M. Mohop' President Date 7 Appendix A Program,Produota Supplied:.. Description:' Basic System' Software Workstation Control Systems (30 site) IBR Reporting Module LEADS/NCIC Interface E911 Interface TELETRAC AVL Interface Alerts Mobile Data Terminal Interface NFIRS Reporting Module (updated version) Fire Inspections Module , Digitized Mappirg of Evanston Property & Evidence Control Module11) Arrest & Booking Module 0 IMAGE Investigation Module O) PIMS Interface Geofile & Incident Conversion (CTI Files) Remote Site Installation (3) ADT KELTRON Alarm Panel Interface Citations Module (Beta) ' Towing/Impound Module (Beta)(0 Ambulance Billing Module (Beta). &1 Permit Trackinq Module (Beta) / Personnel Master Module (Beta) Equipment Inventory Module (Beta)` Laptop Inspections Module (Beta) Account Receivable Interface (Beta) i.. , , Total System ( Appendix A B D) $200,060 Appendix B IMAGE Investigation Hardware Sony Still Video Camera Sony Digital Player Sony Video Printer, Matrox Digitizing Card VGA Paradise Video.Card Additional Hardware IBM N45 Notebook Computer w/ Printer Western Telematic Electronic Switch rtnless otherwise stated Customer shall enter into separate maintenance agreements with each individual hardware supplier. Warranty and maintenance offerings from ICCI for its Program Products do not. apply to any hardware supplied under this appendix. The Customer is responsible for the installation of all internal wiring, and the installation of all external telephone lines. ICCI shall assist in the specification of any component interfaces required, whether they involve communications or complementary systems. If desirable and possible,'ICCI shall communicate directly with the vendors of mobile data terminals and automatic vehicle location equipment, after communication with Customer, to insure that the functional specifications required to obtain the desired operational results are met. APPENDIX C HTE as Contractor fors Integrated Computer Concepts, Inc. 3250 Arliny..on Hts. Road Suite 210 Arlington Heights, IL 60004 EXTENDED MAINTENANCE AGREEMENT Integrated Computer Concepts, Inc. (ICCI) in consideration of the promises and covenants contained herein, grants tot The City of Evanston 2100 Ridge Avenue Evanston, IL 60201 (Customer) an Extended Maintenance Agreement pertaining to all licensed ICCI program products performing on all ICCI supplied or approved equipment according to the following terms and conditions. 4 PART 1 - PROGRAM PRODUCT SUPPORT Customer is hereby granted an Extended Maintenance Agreement (ERA) by this agreement. The term of the EMA is five years beyond the initial warranty period with expiration six•y-ears after the -Delivery Date specified in our system license and maintenance agreement. An ERA carries all of the service and update features of the Annual Maintenance Agreement including updates, enhancements, and program fixes made during the term of the Maintenance Agreement. Customer's use of the Program Products is limited exclusively to equipment or systems supplied or approved by ICCI. ICCI shall not supply any support services nor shall ICCI be liable for any damage in the event that any portion of the Program Products is used in equipment other than that supplied or designated by ICCI. Customer shall receive written authorization from ICCI before attaching equipment to the network not approved by ICCI. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from ICCI. Customer may be liable for additional charges in conjunction with this equipment. Customer acknowledges that the system supplied, known as MOREtm.because of its unique operating properties, is a matched system of components which must not be altered, modified, or tampered with without specific assistance from ICCI designated personnel. ICCI shall not be liable for any damage or loss of function which results from violating the hardware environment. In the event of the failure of any hardware component supplied under this agreement to function or -operate in conformance within specifications, ICCI shall have no obligation for warranty beyond that of the hardware manufacturer. An Annual Extended Maintenance Fee of al.1,425 shall be invoiced and payable prior to the Delivery Date of the original agreement. Customer shall renew the Maintenance -._Agreement for 4 one year terms . The option to renew will be deemed exercised unless the customer gives ICCI notice of its intention not to renew the Maintenance Agreement at least thirty (30) days in advance of the date upon which the Maintenance Agreement would otherwise be renewed. ICCI shall have the right to increase the Annual Extended Maintenance fee 2% above the of the Consumer Price Index, Chicagoland area, as published by the United States Government. PART 2 - GOVERNING LAW This Agreement shall be of no effect until accepted by ICCI at its corporate Offices in Arlington Heights, IL, along with the payment defined in Part 7 of the original Agreement, and shall be governed and construed in accordance with the Law of Illinois. In the event that any provision of this Agreement shall be invalid, illegal or unenforceable in any respect under any statute or rule of law, then only such provision shall be deemed invalid, illegal or unenforceable and the remainder of this Agreement shall remain in full force and effect. APPENDIX D Certification of BETA BITE STATUS Awarded to The Evanston Police & Fire Departments The Evanston Police & Fire Departments agrees to assist Integrated Computer Concepts, Inc. in the final development activities- relat- ing to the products listed below. The Evanston Police & Fire Departments will receive compensation for their involvement and the efforts of their employees in the form of a waiver of the license fee(s) normally charged for the product(s), (i.e. no license fee.) The Evanston Police & Fire Departments agree that said. compensation is all inclusive and in no way relieves The Evanston Police &Fire Departments from any obligations as licen- see. ' During beta testing, employees of the Police & Fire Departments of The City of Evanston shall use and critique the product, assist in the identification of defects or operational omissions, and pro- vide periodic reports in writing to ICCI Development Personnel. Beta Site employees will be requested to act as User RFferences for the product, and, from time to time, provide on -site demonst- rations to,prospective clients or associates of Integrated Com- puter Concepts, Inc. Requests for on -site demonstrations will be made with appropriate notice to Police & Fire Department Employ- ees. Designated Products: Citations Module Towing/Impound Inquiry Program Ambulance Billing Program Permit Tracking Module Personnel Master Module Equipment Inventory Module Laptop Inspections Module Account Receivable Interface PART 3 - FORCE1MAJEIIRE Should any circumstances beyond the control of ICCI or Customer (hereinafter "events of Force Majeure") occur that delay or render impossible the performance of an obligation due under the provisions of this Agreement, such obligation will be postponed for such time as necessary, or canceled if performance has been rendered impossible thereby. Events of Force Majeure shall include without limitation, accidents, acts of God, labor disputes, acts, laws, rules or regulations of any government or government agency or. other events beyond the control of "ICCI" or Customer. PART 4 - ENTIRE AGREEMENT - MODIFICATIONS I . This Agreement, the original Agreement, and all appendices, state the entire agreement between the parties and supersede all prior proposals, communications or agreements whether oral or written. Provisions of this Agreement, are for the benefit of the parties hereto solely and not for the benefit of any other person or entity. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of Customer and-ICCI. Any written waiver, alteration or modification made in accordance with the provisions hereof shall be of no effect unless expressly incorporating this Agreement by reference. Customer having agreed to abide by and perform according to the provisions set forth hereinabove, signifies its acceptance of this Extended Maintenance Option through the signature of its duly authorized representative who has hereunto set his hand this day of , 1992. Aut ed by _ 9a-n--ftHTEas Contractor on y , 1992 )- Authorized Signa Authoriz ap oval of the City of Evanston on Authorized Signature Obanfel for Integrated Computer Concepts, Inc. (Licensor) M.. / ,�%k1p� . Monolif President pate 1992 For HTE as Contractor: icepts, Inc: lent for T i o Evanston: x �+ Date Date 1,Z /3oIFZ Date 17,/3: /SZ. Headquarters: 390 N. Orange Ave., Suite 2000, Orlando, FL 32801-1693 + (407) 841-3235 Application Solutions for Government Alan J. Berkowsky, Division Chief Evanston Fire & Life -Safety Services 1335 Dodge Avenue Evanston, IL 60201 Dear Chief Berkowsky: I have enclosed one fully executed original of the Appendix Al for your records. Should you have any questions regarding this,•please do not hesitate to give me a call. Si eey, S iirle Thomps���Y/ Contra t Administrator Enclosure / APPENDIX Al /gram Products supplieds fescription: Workstation Control Systems Increase Site License From 30 to 60 FOR THE CITY OF EVA (Pri Name & Title Signature ' Date ' •10 FOR HTE PUBLIC SAFETY: Dennis J. Wipper - VP Finance Signa:tiZre I Da SUNGARW PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungard.com/Publiosector BILL TO: City of Evanston Police & Fire Dept, Perry Polinsky 1454 Elmwood Ave EVANSTON, IL 60201 DESCRIPTION Maintenance Start:01/May/2010, Ends: 30/Apr/2011 Enhanced 911 CAD IV Mobile QRep Administrator QRep End User (5) QRep Catalogs for FS,C9 & CC NAVI - FIRES Suite NaviLine - Crimes Management NAVI-FIRES incident NAVI - FIRES Prevention System NAVI - FIRES Resource Activity. Tracking QRep Administrator QRep End User (4) CAD 400 ISIS Switch Fires MDB Client (12) Message Switch Mobile Data Browser Client -CAD 400 (49) Discount A/C # v i 6- 0 • vl'a'5 oq Service Invoice INVOICE DATE 313112010 INVOICE NO 1813"F CUSTOMER NO 1442LG TERMS Net 30 Days Due Upon Receipt Doc Type: MA 1 PAGE AMOUNT 1,12000 1,960.00 300.00 1,6000 93000 .00 9,125.Ob 1,890.00 1,110.00 1,110.00 29000 1,160.00 6,89500 5,305.00 2,280.00 14,230.00 9,31000 3,140.00 :EMIT PAYMENT TO: SunGard Public Sector Inc.. Bank of America 12709 Collection Center Drive • Chicago, IL 60693 TOTAL Q55.375.00