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CCR1985040RESOLUTION 1140-85 AUTHORIZING EXECUTION OF SUPPORT SERVICES AGREEMENT (Gordon Flesch Company, 1nc.-NBI Eqpt.) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Support Services Agreement between the Gordon Flesch Company, Inc. and the City of Muskego for the NBI Systems at the Police Department and City Hall. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute said agreement in the name of the City. DATED THIS ab& DAY OF )?A- , , 1985. FINANCE COMMITTEE Ald. Edwin Pr-Qumke - Ald. 4LP- Rdlph Tomczyk ATTEST: City Clerk 2/85 jm 6 Support Services Agreement No. __ GORDON PLESCH COMPANY, INC. SUPPORT SERVICES AGREEMENT Agreement dated as of the __ day of , 19-, between Gordon Flesch business at 2101 West Beltline Highway, Madison, Wisconsin 53713. and Company, Inc., (hereafter “GFC”) a Wisconsin corporation, having its principal place of Customer Name Address WP P.O. Box 903 Gordon Flesch.Cornpany Branch Office MilwlukDD described NBI Systems from GFC. As part of the system purchase contract, GPC agreed Customer, by a separate contract with GFC, has agreed to purchase one of the hereafter The purpose of this Agreement is to identify the obligations of GFC and Customer with to provide Standard Support Services to Customer for no additional charge to Customer. any Optional Support Services Customer desires to purchase from GFC, and the terms regard to the Standard Support Services GPC will provide to Customer, and to identify and conditions of the purchase of those Optional Support Services. GFC and Customer agree as follows: L STANDARD SUPPORT SERVICES GFC will provide Standard Support Services 89 indicated below. SYSlXFd 4000S/4000SC - One Pre-installation Call - One operator per workstation trained on Basic Word Processing - One on-site follow-up call to be used within 30 days following instdation - Telephone support as needed from GPC Marketing Support Representatives SYSl‘EMS 0 AND 64 - Two Pre-installation calls - One operator per word processing workstation trained on Basic Word PmceSing - One Administrator Training per ICU (including: Basic Word ProcesPing, one half- - Three on-site follow-up calls to be used within 90 days following installation - Telephone support as needed from GPC Marketing Support Representatives day Administrator Seminar, Special Feature Seminars, excluding Communications) SYSTEM 2000 - Pre-installation call by GFC field engineer regarding Multi-Net installation - Documentation on OASys 2000 word processing operation for each 2000 - One set of documentation for each licensed software package purchased - Telephone support as needed from GFC Marketing Support Representatives on NBI - Telephone support from NBI PC Support Center for NE1 licensed software per NBI, word processing capabilities Inc. policy IL OPTIONAL SUPPORT SERVICES AND PRICE LIST GFC will provide Customer wlth the Optional Support Services selected by Customer at the prices shown. Basic Word Processing Training Class ................................. S150/Student - Prerequisite Module plus 12 hours of Classroom Training System Administrator Support Package.. ........................ .SJOO/Adminfstrator (Systems 8 and 64) - Two On-slte Pre-installation Cah - Basic Word Processing Training Class - Half-day Administrator Seminar - Special Feature Seminars (Excluding Communications) Advanced Word Processing Seminars (Approx. 1/2 Day Each) .............. $50/Student Special Feature SeminaR (Approx. 1/2 Day Each) - Records Processing ............................................ $50/Student . Stat/Math .................................................... $50/Student . Forms ....................................................... $50/Student . Equations .................................................... S50/Student - Stored Keystrokes $50/Student Spelling.. SSO/Student . .................................................... ............................................. . AdvancedStored Keystrokes .................................... $50/Student . Asynch/Bisynch Communications ............................... .tlOO/Session . 3270 Communications.. ....................................... .S100/Session Conducted on-site for all operators to attend Conducted ontiite for all operators to attend System 2000 Word Processing Raining (One Day or Two Half-days) ........ SSO/Student - Conducted Prior to Installation of 2000 On-site Follow-up Cd ................................................. .SSO/Hour - Mlnimurn 1 hour Surcharge for On-Site Support - Accounts located more than 25 miles from GPC Iocation ................. .50% -2- Support Contract 0 Support Contracts may be purchased at $20 per unit (minimum contract of 25 units) to be redeemed for aforementloned support services as follows: Basic Word Processing Training Class .6 Units/Student System 2000 Word Processing Training .2 UnitdStudent System Administrator Support Package.. ................. 12 Unlts/Admin?strator .......................... I ......................... Advanced Operator Seminar .................................. .2 UnitdStudent Special Feature Seminar ...................................... 2 UnitdStudent Communications Seminar.. .................................... 4 Units/Session On-site Follow-up Call.. ........................................ 2 UnitsMour Customer agrees to pay GFC the total prlce of Optional Support Services purchased as hereafter provided in this Agreement. -3- UL NE1 TRAlNING AND SUPPORT - STANDARD SUPPORT AC?7YITIES STANDALONE WORKSTATION Pre-Installatlon Support PRE-INSTALLATION CALL To assure Customer orientation and preparation before system Installation, the NBI Support Representative will conduct a pre-installation call for the System Customer. The Support Representative will discuss in complete detail operators to attend Basic Word Processing Training class the Customer Training and Support Policy, schedule and answer questions regarding equipment installation. Word Processing Training BASIC WORD PROCESSLNG TRALNING This three hali-day tralnlng class, conducted at GPC trainlng facility by a GPC Support Representative, is designed to provide the operator with an orientation to the NBi product Hne and word processing concepts, a high comfort level with all customer education materials and through utilization of hands-on exercises, an understanding of basic system functionality. This training will be provlded to one operator per workstation. (See paragraph of this Agreement entitled "NE1 Basic System Training" for a more detailed description of the Basic System Training). OnCoing Support TELEPEONE SUPPORT To provide fast and efficient response to Our CuStOmerS, GFC will provide telephone support through Our local NBI office to those operators who have attended Basic Word Processing Training. OPTIONAL SUPPORT AIXMTES GFC will offer each Customer a comprehensive series of training, seminars and on-site support chargeable under current Support Pricing Policy. 0 NBI TRAINING AND SUPPORT - STANDARD SUPPORT ACTIVlTIES (Continued) OASys INTEGRATED CONTROL UNIT (ICU) I System Administrator PRE-INSTALLATION VISIT.- I Package designed to assist the System Administrator in planning for This visit, conducted by a Support Representative, is the installation of the ICU. Through the utilization of NBI Planning Guide, the System Administrator will become introducing and monitoring operator training and specifics familiar with suggested procedural standards, ideas for related to system functionality. PRE-INSTALLATION YIS" - II to the Customer location to meet with the System NE1 Support Representative will schedule a two-hour visit procedures and operator training. In addition, this visit will Administrator in order to review the plans made for system provide the Support Representative an opportunity to visit with each operator to discuss functionality of their questions they may have. equipment, schedule their training and answer any '0 SYSTEM AD"TRAT0B TRAINING SEMINAR This half-day seminar, conducted at NE1 training facility by an NB1 Support Representative, is designed to provide the System Administrator with an additional level of reinforcement relating to advanced functionality and procedures associated with a shared system. This seminar will be provided to one System Administrator per ICU. SPECLAL FEATURE SEMLNARS CFC will provide to one System Administrator per ICU. a half-day seminar conducted at NBI training facility by an purchased. These seminars will provide the System NBI Support Representative, lor each special feature Administrator with a detailed review of feature requirements. The following special features are included functionality and insight into specific application as part of this package: Statistical/Math, Records Processing, Forms Fill-In, Spelling, Equations, Stored Keystrokes, Advanced Stored Keystrokes. Asynchronous/Bisynchonous orientation and 3270 Emulation orientation sessions are held one time at the Customer's location. These sessions are for FJI operators to attend and are chargeable under the current Support Pricing Policy. Prerequisite lessons may be required for seminar attendance. -5- Word Processing Training BASIC WORD PROCESSING TRAINLNC This three half-day training class, conducted at NBI training facility by an NE1 Support Representative, is designed to provide the operator with an orientation to the comfort level with all customer education materials, and NBI product line and word processing concepts, a high through utilization of hands-on exercises, an understanding of baslc system functionality. This trainlng will be and one System Administrator per ICU. provided to one operator per word processing workstatlon On Going Support ON-SITE FOLLOW-UP VISITS To assure contlnued Customer satisfaction, the NBI Support two hours each per ICU to the Customer's office. These Representative will schedule three visits of approximately vlsits will include reviewing the progress of operator tralning, answering questions related to specific operation of the equipment and offering suggestions, if necessary, for effective utlllzatlon for the NBI product. These visits must be scheduled within the first 90 days of installation. TELEPEONE SUPPORT To provide fast and efficient response to our Customers, GFC will provide telephone support through the local NBI offlce to those operators who have attended Basic Word Processing Training. OPTIONU SUPPORT AmS GFC will offer each Customer a comprehensive series of training, seminars and on-site support chargeable under current Support Pricing Pollcy. -6 - TV. DESCRIPTlON OF SUPPORT SERVICES J TWNG CLASS BASIC WORD PROCESSING Three Half-Day Basic Word Processing Training at GFC - Orientation to NBI OASys product line facility includes: - Orientation and utilization of training materials - Hands-on practice of Record, Edit, Print and Directory - Periodic review sessions provided to reinforce and ensure functions retention SYSTEM ADMINISTRATOR System Administrator Support Package for ICU SUPPORT PACKAGE Customers. This package includes: - A Basic Word Processing Training Class - An on-site visit to the Customer's location to begin planning for system installation and procedures - A second on-site visit by a Support Representative to implementation and to overview system functionality review all operation and training procedures developed and to arrange dates for operator training facility which reinforces the System Administrator's understanding of the ICU features and system procedures for maximum equipment utilization packages the Customer may have purchased, excluding communications - A System Administrator Training Class at the GFC - Special Feature Seminars for any optional software HALF-DAY SEMINARS ADVANCED WORD PROCESSING SEMINAR System Administrators who desire additional assistance in Advanced Word Processing Seminar for operators and seminar is conducted at the GPC facility. more sophisticated word processing functions. This SPECIAL FEATURE Special Feature Seminar lot Customer with specific SEMINARS software packages: Spelling Equations Recorda Processing Statistical/Meth Advanced Stored Keystrokes These seminars are conducted at the GFC facility. Prerequisite lessons may be required for seminar attendance. Forms Stored Keystrokes SEhUNARS COMMUNICATIONS is a "hands-on" orientation to communications and a review Asynchronous/Bisynchronous Communications Seminar of the customer education materials. 3270 Communications orientatlon provides basic 3270 knowledge and a review of the customer education materials. Both the Asynchronous/Bisynchonous orientation and 3270 Emulation orientation sessions are held one time at the attend and are chargeable under the current Support Customer's locatlon. These sesslons are for all operators to Pricing Policy. Prerequisite lessons may be required for seminar attendance. 0 A. B. C. V. SUPPORT SERVICE LIMITATIONS Standard Support Services described herein and those Optional Support Services Custom& understands that GFC is only obligated to provide Customer with the selected at the time of signing of this Contract and paid for by Customer. The Optional Support Services prices are applicable only at the time of signing Of this Contract. U'Customer desires additional Optional Support Services after execution of this Contract, the prices may vary from those stated in this Agreement. This Agreementdoes not include any supplies or any maintenance of software or hardware. GFC's obligation to provide Customer with any of the Support Services described herein is contingent upon the following: 1. The Equipment must be unmodifled and properly maintained at the latest NBI revision level, includlng current hardware and software level for services under described on page one of thls Agreement). this Agreement. (Equlpment Is one of the Systems purchased by Customer and 2. In the event the Equipment is not under NBI warranty or under existing GFC subject to inspection by GFC to determine If it Is In good operating condition. Maintenance Agreement or Support Services Agreement, the Equipment shall be The inspection and any repairs, adjustments or software updates deemed necessary by GPC shall be made at GPC per-cd or relevant rates and terms then in effect and prior to commencement or continuation of SUpport Service. 3. Customer shall pay for all Optional Support Servlces in a tlmely fashion. selected by Customer during the period of 900 a.m. and 5:OO p.m., Monday through GFC will provide Standard Support Services and the Optlonal Support Services rlght to determine the assignment of its employees. Tralnlng sessions shall be Friday, local tlme, except during GFC observed holidays. GFC reserves the Sole scheduled by GPC during its regularly scheduled time for tralning. 0 -8- D. Customer is responsible for the following: 1. Customer shall provlde GFC full and free access to the equipment during the period of this Agreement. 2. Customer's representative shall be on the Customer's premises during GFC's on- slte calls and shall authorize all Support Services to be performed. 3. CUSTOMER HAS BEEN ADVISED AND UNDERSTANDS THAT INFORMATION STORED IN THE NBI EQUIPMENT MAY BE LOST IF BACK-UP IS NOT PROVIDED AND ACKNOWLEDGES THAT GFC HAS RECOMMENDED THAT CUSTOMER EMPLOY A BACK-UP SYSTEM, AND CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR BACK-UP AND THE SECURITY OF RECORDED INFORMATION. CUSTOMER AGREES TO HOLD GFC HARMLESS FROM ANY CLAIMS OF OTHERS ARISING FROM THE FAILURE OF CUSTOMER TO PROVIDE SUCH ADEQUATE BACK-UP OR SECURITY. 1. 2. 3. 1. 2. 3. 4. Charges will be invoiced on the date of the performance of Support Services by NBI. Payment of all charges wlll be due ten (10) days after the date of the invoice for such charge. (1 ID%) per month but if this amount exceeds the maximum permltted by law, then All past due amounts will be messed a late charge of one and one-half percent the parties agree the late charge shall be the maxlmum permitted by applicable law. YIL LIMITATION OF LIABILITY AND WARRANTY CPC's llabillty to the Customer (whether in contract or tort, including negligence) for damages of any nature shall not exceed the total charges paid or payable during the Term of this Agreement. No actlon (whether In contract or tort, including negllgence) arising out of the performance of Support Services under this Agreement may be brought by either party more than three (3) years after the cause of action accrues except that an actlon for nonpayment may be brought within three (3) years of the date of the last payment. IN NO EVENT WILL GPC BE LiAELE FOR ANY LOSS OF USE, DATA, OR PROFITS OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF, OR FAILURE OF PERFORMANCE OF, OR USE OF ANY PRODUCT OR SERVICE PROVIDED SUCH DAMAGES. PURSUANT TO THIS AGREEMENT, EVEN IF ADVISED OF THE PROBABILITY OF GFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL PURPOSE. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR -9- 5. I. 1. 2. 3. 4. 5. GFC shall be released from its obligations under this contract to the extent that it is prevented from performing them by circumstances beyond its control or failure of Customer to cooperate in the Equipment service or to meet its obligations hereunder. Ym. RELOCATION Support Services provided under this Agreement will be continued upon receipt by GFC of thirty (30) days prior written notice by Customer of its intent to relocate Equipment within the service area of a CFC office. GFC reserves the right to discontinue Support Services for Equipment relocated outside the service area of a local GFC office. IX. GENERAL This Agreement is not assignable without the prior written consent of CFC. Any attempt to assign or transfer any of the rights, duties or obligations of this Agreement without such consent is void. The term "this Agreement" as used herein includes any future written amendments, modifications or supplements made in accordance herewith. If the Customer fails to pay any amounts due as a result of services provided under this Agreement, the Customer agrees to pay all costs and expenses of collection, including reeonable attorneys' fees permitted by law. The Custqmer acknowledges that he has read this Agreement, understands it and agrees to be bound by its Terms and further agrees that it is the complete and proposds, oral or written, and all other communications between the parties relating exclusive statement of the Meement between the parties, which supersedes dl to the subject matter of this Agreement. This Agreement shall be governed by the laws of the State of Wisconsin and any legal action hereunder shall be brought only in the state or federal court in Madison, Wisconsin. X. NBI BASIC SYSTEM TRAINING The NBI basic training program has been designed to bring the operator to the highest proficiency level in the shortest amount of time. The approximately 20 hours of study begins with a prerequisite self-study module. In this module, the operator will complete some brief introductory reading and do several hands-on exercises to become acquainted with the more basic system capabilities. The operator campletes this module at hisher own pace in his/her office. The time required may range from about 5 to 8 hours. Once the operator has completed the self-study module, he/she will attend classroom training at the CFC facility. Here, with an instructor present, the operator will learn the more sophisticated functions of the NBI equipment. The training class will meet three mornings a week, Monday, Wednesday and Friday, for a total of 12 supervised classroom hours. 0 0 -10- 0 J Following is a more detailed outline of the pre-school requirements: Prerequisite Sell-Study Module 1. Read Introduction to Office Automation. This booklet reviews word processing concepts and introduces you to the comporlents of your system. Be sure to test your knowledge by completing the Skills Check at the end of this section. You may then check your own answers. " 2. In the Getting Started section, read "How to Use Your Training Materials." I Complete the Skills Check. 3. Getting Started: A. Standalone System: In the Getting Started booklet, turn to "Your System: directed, practice turning on your System and loading your diskettes. Again, ICU." Follow the instructions for identifying your System's components and, as complete the Skills Check. E. ICU System: In the Getting Started booklet, turn to "Your System: ICU." Follow the instructions for identifying your System's components and, 85 directed, practice turning on your System and signing onto your training Directory. Again, complete the Skills Check. 4. Complete the hands-on exercises in the manual entitled Essentid Skills - Lessons 1-7. Test yourself with the Skills Checks at the end of every lesson and review any areas of difficulty. Prior to the week of scheduled classroom training, a GFC Marketing Support prerequisite module has been completed. If the operator has not finished this module, Representative will call the operator and/or the operator's supervisor to verify that the he/she will be scheduled for a later classroom session. The operator who has not advanced features. completed the basic material will have considerable difficulty learning the more Accepted by: Accepted by: Gordon Flesch Company, Inc. City of Muskego Customer BY , .,. .. BY .. Author' ed Signature Wayne G. Salen-e Name Charlotte L. Stewart Name ?/?7/R< Date Cirv rlerlt Title ?/??I85 Date