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Home My WebLink About4.A.1. Northland Business Systems Support Agreement for Digital Dictation System . ,r, L i • • I• CITY OF SHAKOPEE � p A Police Department To: Mayor and City Council From: Tammy Helgeson, Records Supervisor Meeting Date: November 20, 2012 Subject: Northland Business Systems Support Agreement for Hardware and Software for Police Digital Dictation System MEMORANDUM ACTION SOUGHT: In this memo, it is recommended that the City Council take the following action: Pass a motion approving the renewal of a support agreement with Northland Business Systems to provide service to the Shakopee Police Department's digital dictation system for the 2013 year at the cost of $2,627.96. INTRODUCTION: Council is asked to approve the attached Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. This system is used to manage all police related audio recordings including statements and case narratives. BACKGROUND: The Police Department purchased the Winscribe digital dictation system and related digital recorder equipment from Northland Business Systems, an authorized vendor and service provider of Winscibe, in November 2003. Additional digital recording equipment has been purchased from Northland Business Systems since 2003, including as recently as 2011, to maintain compatibility and replace equipment that cannot be repaired. The digital dictation system and recorder equipment are essential to the functioning of the police department. A service agreement is necessary to assure prompt service and prompt software upgrades. BUDGET IMPACT: Funds exist in the police department budget for this agreement. ti r ALTERNATIVES: 1. Approve the Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. 2. Table the Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. 3. Deny the Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. RECOMMENDATION: Alternative 1— Approve the Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. RELATIONSHIP TO VISIONING: This action supports: Goal F — Housekeeping item. ACTION REQUIRED: The City Council, if they concur, should by motion approve the attached Agreement for the Northland Business Systems Hardware and Software Support Agreement for the Winscribe digital dictation system. Attachment: Northland Business Systems Hardware and Software Support Agreement NORTHLAND BUSINESS SYSTEMS HARDWARE AND SOFTWARE SUPPORT AGREEMENT Dated this 13th day of November 2012 BETWEEN Northland Business Systems AND Shakopee Police Dept. THE PARTIES AGREE: 1. IN consideration of payment by the Customer of the annual support fee as set out in Schedule One, Northland Business Systems agrees to provide corrective maintenance and support services in respect of systems supplied by Northland Business Systems as outlined in Schedule Two of this agreement, to the Customer for the location set out in Schedule Three of this agreement 2. ON receipt of a request for support during the hours of service as outlined in Schedule Four of this agreement, Northland Business Systems undertakes to respond to the problem via its remote help desk facility and commence the appropriate corrective action, or where necessary, dispatch a service engineer to the location specified in this agreement at the earliest available opportunity. 3. THIS agreement does not cover: (i) Re- configuration (adds, moves and changes) of software for new services or facilities requested by the Customer; Such re- configuration will be chargeable at the rates specified in Schedule Five. 4. SUBSEQUENT to receipt of notification from the Customer that the system is malfunctioning, Northland Business Systems Technicians shall during the hours of service outlined in Schedule Four of this agreement, make such repairs and adjustments and replace such parts of the equipment as may be necessary to restore the system to its normal operating condition. 6. CORRECTIVE maintenance and support requested outside the hours of service specified in Schedule Four, will be chargeable to the Customer at the rates for such services specified in Schedule Five. 7. SHOULD there be a requirement to restore the system and the system is not able to be restored from backup due to the failure of the customer to maintain adequate backup procedures the restore will be chargeable at the rates specified in Schedule 5. 8. Northland Business Systems shall under no circumstances be responsible or liable for any incidental, indirect or consequential damages in connection with or arising out of this agreement or the services provided hereunder, or directly or indirectly arising from the Customers use of the software, neither shall Northland Business systems be liable for such consequences arising from failure to perform its obligations hereunder and delays for reasons beyond its control or for any causes in the nature of force majeure (see definitions). Furthermore, damage to the system resulting from events in the nature of force majeure is not covered by this agreement. 9. THIS agreement shall be fora term of one year from November 13th, 2012 and may thereafter be renewed annually on payment of a further annual maintenance fee, such fee to be of an amount notified by Northland Business Systems to the Customer on renewal of this agreement. 10. THE Customer shall be responsible for the supervision, management and control of the use of the equipment and software including without limitation to the generality thereof, ensuring proper machine configuration, program installation and operating methods, establishing adequate backup procedures, implementing sufficient procedures and check points to satisfy the Customers requirements for security and accuracy of input and output as well as restart and recovery in the event of a malfunction. 11. Northland Business Systems reserves the right to at its own expense have sub- contractors perform the services agreed to be provided hereunder or any part of such services without in any way detracting from Northland Business System's primary obligation to supply the services specified in this agreement. Northland Business Systems shall inform the Customer of all sub - contractors used. 12. THE Customer will not allow any persons other than Northland Business Systems authorized personnel to make adjustments, repair or maintain the system hardware without written consent from Northland Business Systems. 13. ANY differences and /or disputes which may arise between Northland Business Systems and the Customer in connection with this agreement shall be referred to Arbitration in accordance with the Arbitration Act 1908 or any amendment thereof being in force. 14. THIS agreement is not transferable or assignable by the Customer or Northland Business Systems except with the express written permission of the other party. DEFINITIONS Force Maieure includes acts of God, strikes, lockouts, riots, acts of war, epidemics, Governmental action after the date of this Agreement, fire, communication line failures, Power failures or surges, earthquakes or other disasters. Respond shall be defined as: Northland Business Systems will acknowledge the fault as logged with the Northland Business Systems Helpdesk within four hours of a fault being logged. Critical faults (system down) will receive priority. Repair time is on a best efforts basis. Software services shall be defined as: fault investigation /resolution and general consultation. Corrective maintenance shall be defined as replacement or repair of any faulty hardware component. SCHEDULES Schedule One — Support Fees: $2,627.96 Schedule Two - Description of System: 1- WinScribe System 4.0 Server Software 6- WinScribe Typist License 21- Exporter License Schedule Three - Location of premises in which equipment is situated: Shakopee Police Dept. 475 Gorman Street Shakopee, MN 55379 Schedule Four - Hours Of Service: 8.00am to 5.00pm Monday to Friday except on Public Holidays. Schedule Five - Casual Support Charges: (These prices are indicative only and subject to change without notice.) a. During Business Hours: Telephone support, software reconfiguration during business hours is chargeable in 30 minute increments at $160.00 per hour. A minimum charge of $80.00 applies. On -site support, software reconfiguration during business hours is chargeable in 30 minute increments at $160.00 per hour. A minimum charge of $160.00 applies. Travel, Accommodation and Expenses may apply. b. After Hours: Telephone support, software reconfiguration and consultation after hours is chargeable by the hour or part thereof at $350.00 per hour. A minimum charge of $350.00 applies. On -site support, software reconfiguration and consultation after hours are chargeable by the hour or part thereof at $350.00 per hour. A minimum charge of $350.00 applies. Travel, Accommodation and Expenses may apply. I, the undersigned, have read and accept the terms and conditions of the Hardware and Software Support Agreement presented in this document. Accepted By Shakopee Police Dept. Signature: Title: Date: .\ \\A\a- Accepted By Northland Business Systems Signature: Title: Date: Signature: Mayor Date: Signature: City Administrator Date: