HomeMy WebLinkAbout2000-171
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RESOLUTION NO. 2000-171
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RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE PURCHASING MANAGER TO A WARD AN ANNUAL
PURCHASE ORDER AND SERVICE AGREEMENT, WITH TWO SINGLE
YEAR RENEWAL OPTIONS, TO CREATIVE COMPUTER SOLUTIONS FOR
MAINTENANCE AND SUPPORT OF UNIDATA, SB+ AND CCS MODULES
FOR THE CITY'S FINANCIAL SYSTEM AND THE MUNICIPAL WATER
DEPARTMENT'S FINANCIAL SYSTEM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: That Creative Computer Solutions is the sole source for
maintenance and support of the City's Unidata, SB+ and CCS modules. Pursuant
to this determination, the Purchasing Manager is hereby authorized to issue an
Annual Purchase Order and Service Agreement (a copy of which is attached hereto
as Exhibit "A" and incorporated in full herein), with two single year renewal
options, to Creative Computer Solutions in an amount not to exceed $39,SSS for
Fiscal Year 2000/2001 for maintenance and support of the City's Unidata, SB+
and CCS modules, Future year renewal options shall be contingent upon funds
being approved in the City's budget for this service,
SECTION 2: The authorization to execute the above referenced
agreement order is rescinded ifit is not issued within sixty (60) days of the passage
ofthis resolution,
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a Joint Regular
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2000-171
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER
AND SERVICE AGREEMENT, WITH TWO SINGLE YEAR RENEWAL
OPTIONS, TO CREATIVE COMPUTER SOLUTIONS FOR MAINTENANCE
AND SUPPORT OF UNIDATA, SB+ AND CCS MODULES FOR THE CITY'S
FINANCIAL SYSTEM AND THE MUNICIPAL WATER DEPARTMENT'S
FINANCIAL SYSTEM.
meeting thereof, held on the 19th day of June
, 2000, by the
following vote, to wit:
Council Members Ayes
ESTRADA X
LIEN X
X
McGINNIS
SCHNETZ X
-
SUAREZ X
ANDERSON X
MCCAMMACK X
Abstain
Absent
Nays
G~h.~
Rach~. Clark, Cirj Clerk
The foregoing resolution is hereby approved this 23 day Ot3)[{i~OOO.
~~)
Esther Estrada
Mayor Pro Tern
Approved as to form and legal content:
James F. Penman, City Attorney
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2000-171
, ,
AGREEMENT
FOR
SOFTWARE TECHNICAL ASSISTANCE
This Agreement is entered into on the date set forth below, by and Creative Computer Solutions, Incorporated, having its principal
place of business in Pleasanton, California (hereinafter CCS);
and
THE CITY OF SAN BERNARDINO
having is principal place of business at
300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418
(hereinafter Licensee).
CCS agrees to provide Technical Assistance Services for the Application Software listed below and Other Licensed Software listed
below under the following terms and conditions, effective July 1, 2000 through June 30, 200 I,
SOFTWARE PRODUCTS TO BE SUPPORTED
Application Software
ESTIMATED
ANNUAL
RATE
Ac2l10 - CCSLIB
Accounts Payable-SB+
Accounts Receivabe-CCSLIB
Bank Reconciliation-SB+
Budget Preparation-SB+
Budget Validation-SB+
Ca20 I O-CCSLIB
Ccsal-CCSLIB
Ccsap-CCSLIB
Ccsbl-CCSLIB
Ccsci-CCSLIB
Ccscm-CCSLIB
Ccscp-CCSLIB
Ccseq-CCSLIB
Ccsgb-CCSLIB
Ccsim-CCSLIB
Ccslib-CCSLlB
Ccspo-CCSLIB
Ccsub-CCSLIB
Chart of Accounts-SB+
Cross Reference-CCSLlB
Custom-CCSLlB
Dbp-CCSLlB
Dbr-CCSLIB
DfI-DDSLIB
Dic-CCSLIB
Dprl-CCSLlB
Dxm-CCSLIB
Employee Budgeting-SB+
Ep2 I IO-CCSLIB
Folll0-CCSLlB
General Ledger-SB+
General Ledger-Muni-CCSLlB
Global Access-SB+
Park and Recreation-CCSLIB
Pm20 I O-CCSLlB
Purchasing-SB+
System Jobs-SB+
$ 14.000
Other Licensed Software
ANNUAL LICENSE
RENEWAL FEE
Unidata RDBMS (128 concurrent users)
SB+ Runtime License (50 concurrent users)
SBClient (38 users)
$ 8.272
Annual Port Fee
Custom W2
$
$
1.000
1.350
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MATTERS TO BE PERFORMED BY CCS
I. I CCS shall make available staff for phone consultation and dial-up assistance regarding the Application Software listed in
this Agreement during nonnal business hours (8:00 AM - 5:00 PM PST).
1.2 CCS shall provide Technical Services indicated below:
Technical Support
General assistance with software applications
Routine software upgrades and patches
Advice on backup and recovery
*Training questions
*Data access dictionary terms
'Query Language
*Procedural Languages
'BASIC
'User-defined database
Any additional services not outlined above that are provided by CCS will be provided by CCS at $200.00 per hour.
All of the above services are provided by phone unless special arrangements have been made in advance.
On-site services are billed for travel time and travel expenses as incurred,
, Provided Licensee staff requesting assistance has successfully completed CCS training on this subjects.
1.3 CCS shall provide Technical Services for CCS' Application Software and the following Other Licensed Software:
Unidata RDBMS (128 concurrent Users), SB+ Runtime Licenses (50 concurrent Users), and SBClient (38 Users)
2 MATTERS TO BE PERFORMED BY LICENSEE
2. I Licensee agrees that full cooperation and assistance is necessary to maintain the successful perfonnance of the Software.
Licensee will be responsible for notifYing CCS of any software problems and will provide written documentation of
software problems with specific examples.
2.2 Licensee will make available to CCS, on a reasonable basis, data necessary for the successful support of the Software,
including all currently existing master files. CCS shall not disclose this data to persons not authorized by CCS or
Licensee.
2.3 Licensee agrees that adequate backup copies of all on-line disk files must be kept on backup media. Therefore, Licensee
agrees to create and keep backup media according to the following schedule:
2.3.1 A complete backup will be performed daily of all dynamic disk files.
2.3.2 The daily backup media and any corresponding reports will be kept at the computer site for a minimum period
of two (2) weeks. These media will not be used again as backup during this two (2) week period.
2.3.3 The last set of backup media created each month will be retained at an off-site location for a period of not less
than six (6) months,
2.3.4 The last set of backup media created each quarter will be retained at an off-site location for a period of not less
than two (2) years.
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2.4 Licensee agrees, at its own expense, to provide CCS access to Licensee's computer system, at a data rate of no less than
9600 baud, during normal business hours via a eeS-approved telephone modem. Such provision shall be operable prior
to initial software installation and shall remain operable for the durrtion ofeeS' obligation to Licensee for Software
Technical Assistance services.
3 eHARG ES AND PAYMENT TERMS
3.1 Licensee agrees to payeeS the rates listed in this Agreement for Software Technical Assistance as specified.
3.2 Rates shall become effective thirty (30) days after installation of the initial Application Software and shall be renewed
on the first day of each calendar year (the" Renewal Date").
3.3 Additional services provided by ees not covered hereunder will be charged at the following per hour rate:
Software Services
$200.00
3.4 Rates may be adjusted by ees on the Renewal Date upon thirty (30) days written notice to the Licensee.
3.5 Annual UniData license renewal fee is due upon initial installation and upon each anniversary date of the system
installation.
3.6 Annual operating system license renewal fees are payable beginning on the first anniversary date of the installation and
are payable regardless of whether the manufacturer is performing the hardware maintenance.
4 REVISIONS
4.1 Licensee agrees to install the latest mandatory release of the Application Software and Other Licensed Software within
six months of issuance and notification by ees. ees may, from time to time, notify Licensee by revision notice of
mandatory revisions available for the Application Software. Licensee may elect to accept or reject such mandatory
revisions, but, in the event Licensee declines to accept a mandatory revision, all support provided under this Agreement
is expressly waived.
4.2 Licensee agrees to provide those ees' personnel concerned with the operation and support of the Application Software
reasonable access to the site to perform activities necessary for installation of revisions pursuant to this Article.
4.3 ees agrees to provide support services to enable the Licensed Software to perform substantially in accordance with
ees' then current documentation and may charge a reasonable fee for such maintenance of the Licensed Software,
From time to time, CCS may issue optional and mandatory revisions which shall be included in the grant oflicense set
forth above at ees' then current price.
5 NONDISCLOSURE
5.1 Licensed Software, including source code and Technical Services, and all documents related thereto, constitutes
proprietary information and trade secrets to ees or to the principals for whom ees is the authorized agent. Title and
full ownership, including any modifications or revisions thereto shall at all times remain with ees, or its principal.
5.2 Licensee may not make copies of the Licensed Software except for backup, archival, emergency recovery purposes, or
to replace a wom copy,
5.3 Licensee agrees that it will not allow others to reverse engineer, disassemble, decompile, or in any way tamper with the
Licensed Software.
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5.4 Licensee shall take all reasonable steps to ensure that all Licensed Software, in whatever form, Database Management'
Software, other Licensed Software, Utilities and all portions and components thereof, in whatever form, and all
documents relating thereto, are held in confidence by Licensee, its employees and consultants and are not disclosed or
made available to any third party not licensed by CCS, without the prior written consent ofCCS. Licensee shall instruct
in writing all parties having access to the Software of their obligations under this Article. In the event of Licensee's
breach of this Article as determined by CCS, CCS shall have the right to enjoin Licensee from further breach and obtain
such relief as may be determined by a court of competent jurisdiction.
6 LIMITATION OF LIABILITY
CCS shall not be liable to Licensee or any other person for any claim or damages arising directly or indirectly from the furnishing
of Equipment, Software, Services, or any documentation relating to such Equipment, Software or Services provided hereunder or
from any other cause, except for claims arising from the negligence or willful misconduct of CCS, CCS' employees, agents or
subcontractors, Liability of CCS for negligence shall in no event exceed the total price of the item of Equipment, Software
Module, or particular Service which is the subject of the claim. Except for acts of willful misconduct, in no event shall CCS be
liable for indirect, incidental, special or consequential damages of any kind arising out of the existence, furnishing, functioning,
or the use of the Equipment, Software or Services provided hereunder, even if CCS has been advised of the possibility of such
damages.
7 WARRANTY
CCS warrants that all Services provided pursuant to this Agreement will be performed in a workmanlike manner in accordance
with reasonable commercial standards. This warranty shall extend for thirty (30) days following completion of the particular
Service and CCS shall correct all Services not so performed if brought to CCS' attention in writing within the warranty period.
The warranties provided in this section are in lieu of all other warranties express or implied. There are no warranties which
extend beyond the face hereof, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
8 GENERAL
8.1 A service charge of one and one-half percent (1 1/2%) per month will be assessed on all past due invoices.
8.2 Assignment: The rights under this Agreement shall not be assigned by one party without the written consent of the other
party.
8.3 Choice of Law: This Agreement shall comply with applicable Federal and State Law and shall be governed by the laws
of the State of California.
8.4 Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether written or oral,
regarding the subject matter hereof.
8.5 Severability: If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
8.6 Waivers: Any waivers by either party of a breach of any provision to this Agreement shall not operate as, or be
construed to be, a waiver of any other provision of this Agreement. The failure of a party to insist upon strict adherence
to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the
right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
8.7 Notices: All notices, requests, demands or other communications required or permitted to be given hereunder shall be in
writing and shall be deemed to have been duly given when mailed by certified mail, or delivered in person to the parties
who have executed this Agreement.
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8.8 Headings: The paragraph headings used herein are for convenience of reference only and shall in no way be deemed to
define, limit or add to any of the provisions hereof.
IN WITNESS WHEREOF the parties hereunto have caused this Agreement to be executed by their duly authorized
representatives this I~ day of .)u "7 ' 2000 .
Accepted By:
Accepted By:
By:
TIONS, INe
~
By:
Title:
Vice President. Finance
Title:
J dith Valles
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/' ijayor
(Ji
1 it-Oo
Name:
Name:
Date:
,}GIU
23 /00
,
Date:
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2000-171
I
AGREEMENT
FOR
SOFTWARE TECHNICAL ASSISTANCE
This Agreement is entered into on the date set forth below, by and between Creative Computer Solutions, Incorporated, having its
principal place of business in Pleasanton, California (hereinafter CCS);
and
THE CITY OF SAN BERNARDINO. MUNICIPAL WATER DEPARTMENT
having is principal place of business at
300 NORTH" D" STREET. SAN BERNARDINO. CALIFORNIA 9240 I
(hereinafter Licensee).
CCS agrees to provide Technical Assistance Services for the Application Software listed below and Other Licensed Software listed
below under the following terms and conditions, effective July I, 2000 through June 30, 200 I.
SOFTWARE PRODUCTS TO BE SUPPORTED
Application Software
ESTIMATED
ANNUAL
RATE
Accounts Payable-SB+
Bank Reconciliation-SB+
Budget Validation-SB+
Ccssys-CCSLIB
Chart of Accounts-SB+
General Ledger-CCSLlB
Global Access-CCSLlB
Inventory Control-SB+
Payroll System-CCSLlB
Pp-CCSLlB
System Jobs-SB+
Accounts Receivable-SB+
Budget Preparation-SB+
Ccslib-CCSLIB
Central Cashiering-SB+
Employee Budgeting-SB+
General Ledger-SB+
Global Access-SB+
Misc. Receivables-SB+
Payroll System-SB+
Purchasing-SB+
Work Orders-SB+
$ 9.540
(Estimated Monthly Rate: $795)
Other Licensed Software
ANNUAL LICENSE
RENEWAL FEE
Unidata RDBMS (32 Concurrent Users)
4GL Development License (I)
4GL Runtime License (32 Users)
Wlntegrate Terminal Emulation (60 Users)
$ 4.893
Annual Port Fee
$ 500
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I MATTERS TO BE PERFORMED BY CCS
1.1 CCS shall make available staff for phone consultation and dial-up assistance regarding the Application Software listed in ,
this Agreement during normal business hours (8:00 AM - 5:00 PM PST).
1.2 CCS shall provide Technical Services indicated below:
Technical Support
General assistance with software applications
Routine software upgrades and patches
Advice on backup and recovery
*Training questions
* Data access dictionary terms
*Query Language
* Procedural Languages
*BASIC
*User-defined database
Any additional services not outlined above that are provided by CCS will be provided by CCS at $200.00 per hour.
All of the above services are provided by phone unless special arrangements have been made in advance.
On-site services are billed for travel time and travel expenses as incurred.
* Provided Licensee staff requesting assistance has successfully completed CCS training on this subjects.
1.3 CCS shall provide Technical Services for CCS' Application Software and the following Other Licensed Software:
Unidata RDBMS (32 Concurrent Users). 4GL Development License (I). 4GL Runtime License (32 Users).
Wlntegrate Terminal Emulation (60 Users)
2 MATTERS TO BE PERFORMED BY LICENSEE
2.1 Licensee agrees that full cooperation and assistance is necessary to maintain the successful performance of the Software.
Licensee will be responsible for notifying CCS of any software problems and will provide written documentation of
software problems with specific examples.
2.2 Licensee will make available to CCS, on a reasonable basis, data necessary for the successful support of the Software,
including all currently existing master files. CCS shall not disclose this data to persons not authorized by CCS or
Licensee.
2.3 Licensee agrees that adequate backup copies of all on-line disk files must be kept on backup media. Therefore, Licensee
agrees to create and keep backup media according to the following schedule:
2.3.1 A complete backup will be performed daily of all dynamic disk files.
2.3.2 The daily backup media and any corresponding reports will be kept at the computer site for a minimum period
of two (2) weeks. These media will not be used again as backup during this two (2) week period.
2.3.3 The last set of backup media created each month will be retained at an off-site location for a period of not less
than six (6) months,
2.3.4 The last set of backup media created each quarter will be retained at an off-site location for a period of not less
than two (2) years.
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2.4 Licensee agrees, at its own expense, to provide CCS access to Licensee's computer system, at a data rate of no less than
9600 baud, during normal business hours via a CCS-approved telephone modem. Such provision shall be operable prior
to initial software installation and shall remain operable for the duration of CCS' obligation to Licensee for Software
Technical Assistance services.
3 CHARGES AND PA YMENT TERMS
3.1 Licensee agrees to pay CCS the rates listed in this Agreement for Software Technical Assistance as specified.
3.2 Rates shall become effective thirty (30) days after installation of the initial Application Software and shall be renewed
on the first day of each calendar year (the "Renewal Date").
3.3 Additional services provided by CCS not covered hereunder will be charged at the following per hour rate:
Software Services
$200.00
3.4 Rates may be adjusted by CCS on the Renewal Date upon thirty (30) days written notice to the Licensee.
3.5 Annual VniData license renewal fee is due upon initial installation and upon each anniversary date of the system
installation.
3.6 Annual operating system license renewal fees are payable beginning on the first anniversary date of the installation and
are payable regardless of whether the manufacturer is performing the hardware maintenance.
4 REVISIONS
4.1 Licensee agrees to install the latest mandatory release of the Application Software and Other Licensed Software within
six months of issuance and notification by CCS. CCS may, from time to time, notifY Licensee by revision notice of
mandatory revisions available for the Application Software, Licensee may elect to accept or reject such mandatory
revisions, but, in the event Licensee declines to accept a mandatory revision, all support provided under this Agreement
is expressly waived.
4.2 Licensee agrees to provide those CCS' personnel concerned with the operation and support of the Application Software
reasonable access to the site to perform activities necessary for installation of revisions pursuant to this Article.
4.3 CCS agrees to provide support services to enable the Licensed Software to perform substantially in accordance with
CCS' then current documentation and may charge a reasonable fee for such maintenance of the Licensed Software.
From time to time, CCS may issue optional and mandatory revisions which shall be included in the grant of license set
forth above at CCS' then current price.
5 NONDISCLOSURE
5.1 Licensed Software. including source code and Technical Services, and all documents related thereto. constitutes
proprietary information and trade secrets to CCS or to the principals for whom CCS is the authorized agent. Title and
full ownership, including any modifications or revisions thereto shall at all times remain with CCS, or its principal.
5.2 Licensee may not make copies of the Licensed Software except for backup, archival, emergency recovery purposes, or
to replace a worn copy.
5.3 Licensee agrees that it will not allow others to reverse engineer, disassemble, decompile, or in any way tamper with the
Licensed Software.
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5.4 Licensee shall take all reasonable steps to ensure that all Licensed Software, in whatever form, Database Management
Software, other Licensed Software, Utilities and all portions and components thereof, in whatever form, and all
documents relating thereto, are held in confidence by Licensee, its employees and consultants and are not disclosed or
made available to any third party not licensed by CCS, without the prior written consent of CCS. Licensee shall instruct
in writing all parties having access to the Software of their obligations under this Article. In the event of Licensee's
breach of this Article as determined by CCS, CCS shall have the right to enjoin Licensee from further breach and obtain
such relief as may be determined by a court of competent jurisdiction.
6 LIMITATION OF LIABILITY
CCS shall not be liable to Licensee or any other person for any claim or damages arising directly or indirectly from the furnishing
of Equipment, Software, Services, or any documentation relating to such Equipment, Software or Services provided hereunder or
from any other cause, except for claims arising from the negligence or willful misconduct of CCS, CCS' employees, agents or
subcontractors. Liability of CCS for negligence shall in no event exceed the total price of the item of Equipment, Software
Module, or particular Service which is the subject of the claim. Except for acts of willful misconduct, in no event shall CCS be
liable for indirect, incidental, special or consequential damages ofany kind arising out of the existence, furnishing, functioning,
or the use of the Equipment, Software or Services provided hereunder, even ifCCS has been advised of the possibility of such
damages.
7 WARRANTY
CCS warrants that all Services provided pursuant to this Agreement will be performed in a workmanlike manner in accordance
with reasonable commercial standards. This warranty shall extend for thirty (30) days following completion of the particular
Service and CCS shall correct all Services not so performed if brought to CCS' attention in writing within the warranty period.
The warranties provided in this section are in lieu of all other warranties express or implied. There are no warranties which
extend beyond the face hereof, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
8 GENERAL
8.1 A service charge of one and one-half percent (I 1/2%) per month will be assessed on all past due invoices.
8.2 Assignment: The rights under this Agreement shall not be assigned by one party without the written consent of the other
party.
8.3 Choice of Law: This Agreement shall comply with applicable Federal and State Law and shall be governed by the laws
of the State of California.
8.4 Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether written or oral,
regarding the subject matter hereof.
8.5 Severability: If any provision of this Agreement shall be held to be invalid, illegal or unenforceable. the validity.
legality and enforceability ofthe remaining provisions shall not in any way be affected or impaired.
8.6 Waivers: Any waivers by either party of a breach of any provision to this Agreement shall not operate as, or be
construed to be, a waiver of any other provision of this Agreement. The failure of a party to insist upon strict adherence
to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the
right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
8.7 Notices: All notices, requests, demands or other communications required or permitted to be given hereunder shall be in
writing and shall be deemed to have been duly given when mailed by certified mail, or delivered in person to the parties
who have executed this Agreement.
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8.8 Headings: The paragraph headings used herein are for convenience of reference only and shall in no way be deemed to
define, limit or add to any of the provisions hereof.
IN WITNESS WHEREOF the parties hereunt~ have caused this Agreement to be executed by their duly authorized
representatives this I/{ day of JQ 1 ,200L.
Accepted By:
Accepted By:
::CA~;;?7,.mc
Name: Jeff Bender
CITY OF SAN BERNARDINO, DEPARTMENT OF
WATER \
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By:
Date:
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Name; Judith Valles
Titl~ Mayor
Date: 'JIg CO
Title: Vice President. Finance
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