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RESOLUTION NO, 2000-172
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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 HTE FOR MAINTENANCE AND
SUPPORT OF CX, LX, CR, QREP, & GUI MODULES FOR THE WATER
DEPARTMENT'S UTIL TY BILLING SYSTEM (UB).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: That HTE is the sole source for the City's Maintenance and
Support of CX, LX, CR, QREP, & GUI modules for the Water Department's
Utility Billing System (UB). 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 HTE in an amount not to
exceed $26,SOO for Fiscal Year 200012001 for the City's Maintenance and Support
of CX, LX, CR, QREP, & GUI modules for the Water Department's Utility
Billing System (VB). 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agreement order is rescinded ifit is not issued within sixty (60) days of the passage
of this resolution.
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2000-172
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RESOLUTION AUTHORIZING FISCAL 2000/2001 MAINTENANCE
SERVICES AGREEMENT WITH CREATIVE COMPUTER SOLUTIONS FOR
MAINTENANCE OF FINANCIAL SOFTWARE.
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
meeting thereof, held on the 19th day of June , 2000, by the
following vote, to wit:
Council Members Aves Navs Abstain Absent
ESTRADA X
X
LIEN
McGINNIS X
SCHNETZ X
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SUAREZ X
ANDERSON X
MCCAMMACK X
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Racli I G. Clark, City Clerk
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Esther Estrada
Mayor Pro Tern
The foregoing resolution is hereby approved this .2. -3
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Approved as to form and legal content:
James E Penman, City Attorney
BY:
2000-172
SERVICE AGREEMENT
CONTRACT NO.SBDO-2000406
SECTION I
1.1 IDENTIFICATION
This Agreement between H.T.E., Inc. (HTE) and San Bernardino Water Department, CA
(Customer) located at 300 North D Street, San Bernardino, CA 92402, provides for Standard
Software Service as defined in Seetion 2.3 for the following HTE System(s) and/or Product(s):
AS/400.
QJSloIrer Infamation
Cash Receipts
Land Management
~ (1 Mrin, 10 alent)
GUI(35)
$ 15,630.00
$ 1,400.00
$ 1,005.00
$ 1,710.00
$ 5,435.00
PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL
BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE
CUSTOMER.
1.2 TERM OF AGREEMENT
The year of service, which is provided by this Agreement, will extend from July 1, 2000 to June 30,
2001.
1.3 SUMMARY
This Service Agreement provides to the Customer;
NEW SOFTWARE - During the covered period, the Customer will receive eaeh new Enhancement
to the Standard Software that is issued for the System(s) and/or Product(s) listed in Section 1.1.
Support/Service Agreement
SBDO-2000406 - Support Agreement.doc
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2000-172
UPDATED DOCUMENT A nON - Each new Standard Software release will be accompanied by
user and system documentation, reflecting the software Enhaneements.
STANDARD SOFTWARE - HTE will correct any problems encountered in the Standard Software
during the term of this Agreement.
A HOT-LINE SERVICE - An exclusive Hot-line is established for consult-by-phone service to
Client Services Department. A senior technical staff member is available to answer any questions
or diseuss system problems of concern to the Customer.
ANNUAL INVOICE - The Customer will be sent an annual invoice for the Standard Software
Service.
1.4 FEE
The current annual fee for the Service (for those System(s) and or Product(s) listed in Section 1.1)
is Twenty Six Thousand Forty Dollars ($26,040.00). This Agreement may be automatically
renewed upon payment of Annual Renewal Invoice. Prices are subject to change in future years.
1.5 This document is composed of Section 1 and Section 2.
SECTION 2
2.1 TERM
This agreement extends for a period oftwelve months. Upon the beginning of paid Software
Service and in the event of eonfliet with the terms of the License Agreement, the terms of this
Service Agreement shall govern.
2.2 CHARGES
The Customer agrees to pay all charges due under this Agreement. The annual fee is due and
payable at the beginning of each year. IfHTE's assistance is requested by the Customer to correct a
suspeeted error in the Standard Software program logie or documentation, and it is ultimately
determined by HTE that no such error exists, the Customer shall compensate HTE for its services.
Travel and personnel time will be charged at HTE's established hourly rate, Additionally,
compensation will be expected for any reasonable living and travel costs.
2.3 SUPPORT
HTE's policy is to make improvements in its Standard Software on a regular basis in order to
maintain its timely applicability and competitive market ability, To this end, HTE may, from time
to time, make changes in operating procedures, programming languages, general purpose library
programs, timing aceessibility techniques, types of hardware supportability, and other related
programming and documentation improvements. HTE shall provide to the Customer, as updates, at
no additional charge, and on a timely basis, the program logic and documentation for such Standard
Software Enhancements.
2.3.1 In the event the Customer notifies HTE that it suspeets an error in the program logic or
documentation which prevents the eontinued aceomplishment of the principal computing functions
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2000-172
of the System(s) and/or Product(s), HTE shall use its best efforts to confirm the existence of such
error. If the existence of such error is confirmed to be in the Standard Software, HTE shall correet
it as part of its obligation hereunder. If it is ultimately determined by HTE that no such error exists,
the Customer shall compensate HTE for its services, This eompensation shall be based upon HTE's
hourly rate, plus reimbursement for reasonable travel and living expenses.
2.3.2 HTE's policy is to aeknowledge oral or written requests from the Customer to provide
assistance in identifying and detecting problems, errors, and malfunctions arising in connection
with the Customer's use ofHTE's eomputer application software systems. To assist HTE in
implementing its policy, the Customer shall eonfirm, in writing, an oral request for specific
assistance within ten (10) days after sueh oral request is made. The Customer shall fumish to HTE
adequate supporting documentation and details to substantiate and to assist HTE in the
identifieation and detection of problems, errors, and malfunctions, arising from the Customer's use
of the System(s) andlor Product(s).
2.3.3 If an Enhancement, provided to the Customer under this Agreement, is dependent upon
eoding of a previous Enhancement whieh the Customer does not have, upon request, HTE will
provide assistanee by mail or telephone in order to establish coding that will permit continuity
between the Customer's operating system and the new Enhancement.
2.3.4 The Customer agrees to notify HTE of the need to have a previous Enhancement in order to
install a current Enhancement.
2.3.5 In the event the Customer requests any support other than that included under the terms of
this Agreement, depending upon the availability of its personnel, HTE shall use its best efforts to
furnish it in aceordance with the eurrent standard billing rates.
2,4 CUSTOMER'S OBLIGATION
The Customer acknowledges that the continued integrity of the System(s) andlor Product(s) is
dependent upon installation in the program logic and documentation of all updates to the System(s)
and/or Product(s) whieh are provided by HTE to the Customer.
2.5 REPRESENTATIONS OF CUSTOMER
The Customer acknowledges HTE's representations that HTE has expended substantial sums in
creating its Systems and Products, incurs substantial additional expense in maintaining them, and as
a result, has and will eontinue to have substantial proprietary interest and valuable trade secrets in
them.
2.5.1 The Customer further represents and warrants that it shall not (1) at any time sell, assign, or
otherwise transfer HTE System(s) andlor Product(s), parts of the System(s) andlor Product(s), or
updates, changes, improvements or enhancements to the System(s) andlor Product(s), or parts
thereof, or (2) provide to any third party any support described in this Agreement for the System(s)
and/or Product(s). The Customer shall hold in eonfidence the design specifications and associated
doeumentation of the System(s) andlor Product(s) and shall disclose the System(s) andlor
Product(s) in eonfidenee only to, and shall authorize the use of the System(s) and/or Produet(s) in
eonfidence only by, its regular employees. Customer further acknowledges that, in the event of a
breach or threatened breach by the Customer of the provisions of this paragraph, HTE has no
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2000-172
adequate remedy in money or damages, and, accordingly, shall be entitled to an injunction against
such breach or threatened breach.
2.5.2 The Customer agrees that all rights granted in this Agreement shall be eumulative and that no
specifications in the Agreement of any specific legal or equitable remedy in the event of the breach
or any provisions of this Agreement shall be construed as a waiver of, or prohibition against, any
other legal or equitable remedy for such breach. The waiver of any breach of any provision of this
Agreement, or of any remedy for any sueh breach, shall not preclude HTE from thereafter
exercising any rights (including any remedy previously waived) it has under this Agreement for the
same or any subsequent breaeh. If the Customer waives any remedy, then it should be bound by its
waiver in aecordance with established law.
2.5.3 The representations and warranties shall survive the exeeution of this Agreement, the delivery
of any doeuments and all transactions contemplated by this Agreement, and the termination of this
Agreement.
2.6 ASSIGNMENT
Neither this Agreement nor HTE System(s) and/or Products(s) nor any rights granted by this
Agreement to the Customer shall be assigned, transferred or otherwise disposed of by the Customer,
in whole or in part, without the prior written eonsent ofHTE.
2.7 LIABILITY
Because of the difficulty in ascertaining damages, it is agreed that HTEs liability to the Customer
for any losses or damages, whether direct or indirect, arising out of this Agreement, shall not
exceed the total amount billed and billable to the Customer. In no event shall HTE be liable for any
indireet, special, or consequential damages, eeonomic loss in connection with, or arising out of this
Agreement. This paragraph shall supersede any paragraphs of this Agreement whieh are
inconsistent with it.
2,8 SEVERABILITY
Each provision of this Agreement is severable from all other provisions of this Agreement and, if
one or more of the provisions of this Agreement shall be declared invalid, the remaining provision
of this Agreement shall nevertheless remain in full force and effect, provided, however, if
Paragraph 2.5 shall be declared invalid. Customer shall execute as soon as possible, a supplemental
Agreement with HTE which grants to HTE to the extent legally possible, the proteetion afforded by
said Paragraph.
2.9 NON-EMPLOYMENT OF HTE EMPLOYEES
During the term of this Agreement and for a period of twenty-four (24) months after termination of
this Agreement, the Customer may not offer to hire or in any way employ or eompensate any of the
employees ofHTE or persons who have been employed by HTE within the immediate past
twenty-four (24) months without the prior written consent ofHTE.
2.10 GOVERNING LAW
The Agreement shall be governed by and in aecordance with the laws of the State of Florida.
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',' , · 2000-172
2.11 AMOUNTS
All amounts referred to herein or otherwise payable pursuant to any term of this agreement shall be
United States of America Dollars.
2.12 FINAL AGREEMENT
This Agreement supersedes all prior Agreements and understandings between HTE and the
Customer relative to support services for the System(s) and/or Produet(s) and shall not be changed
orally. No ehange or attempted waiver of any provision of this Agreement shall be binding unless
expressed in writing and signed by the party against whom the same is sought to be enforced.
2.13 HEADINGS
The headings or titles of the Paragraphs in this Agreement are for convenience only, are not a part
of this Agreement, and shall not be used as an aid in the eonstruction of any provision hereof.
2,14 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall eonstitute a
single doeument.
2.15 SIGNATURE
The parties, each acting with due authority, have executed this Agreement by setting forth their
respective signatures:
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H.T.E.,IN'C.
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CITY OF SAN BERNARDINO WATER DEPT, CA
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Authorized Signature
Authorized Signature
SUSAN D, FALOTICO
",,0" '"e'ri~1 0Ilicer, H,T.E,lnc.
Print Name & Title
ILl (lei I iI
()- (1-00
Date
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Date
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Support/Service Agreement
SBDO-2000406 - Support Agreement.doc
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