HomeMy WebLinkAbout1992-176
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RESOLUTION NO. 92-176
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR
OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH RAY MORROW OF SATIN
3 SYSTEMS TO PROVIDE SOFTWARE FOR THE CITY'S GARAGE OPERATION.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of San Bernardino is hereby authorized
and directed to execute on behalf of said city an agreement with
Ray Morrow of Satin Systems, relating to the development of
software for the city Garage. A copy of said agreement is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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SECTION 2. The authorization granted hereunder shall expire
and be void and of no further effect if the agreement is not
executed by both parties and returned to the office of the City
Clerk within 60 days following effective date of the resolution.
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Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
reqular
meeting thereof, held on the
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, 1992 by the following vote,
1st day of
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to
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JUNE
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RESOLUTION'RE: 'AGREEMENT WITH RAY MORRQI, OF SATIN SYS'rEMS TO PROVIDE
SOFTWARE FOR THE CITY'S GARAGE OPERATION.
1 COUNCIL MEMBERS:
2 ESTRADA
3 REILLY
4 HERNANDEZ
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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AYES NAYS
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ABSTAIN
ABSENT
-!A~ /1~/A~
i y Clerk
The foregoing resolution is hereby approved this 2nd
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day of
June
, 1992.
Approved as to form
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James F. Penman
City Attorney
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City of S Bdno Res 92-176 adopted 6/1/92
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AGREEMENT
FOR CONTRACT SERVICES
GARAGE SOFTWARE
5th
June
Agreement is made as of the
day of
1992, between Ray Morrow, herein referred to as (CONTRACTOR) and
City of San Bernardino herein, referred to as (CITY), located at
300 North "D" Street, San Bernardino, California 92418.
Contractor agrees by his acceptance of this agreement to
furnish city, on the terms and conditions contained herein, the
software and services identified below.
1. SERVICES DESCRIPTION-CONTRACTOR
1.1 Design, create, and install a comphrehensive software
module encompassing all required functionality as designated by
garage personnel for the purpose of automating the garage
operation.
Provide a smooth integration with existing city
software provided by the Contractor, including inventory. Test,
debug, modify software as necessary to present a turnkey package
acceptable to City. Provide consultation relating to any relevant
topics surrounding the automation project such as hardware,
software, and methodology. Provide thorough hands on training on
the operation of the software and staff support to the appropriate
personnel.
Provide thorough, concise, written documentation to
support the operation of the software.
Provide written
documentation detailing work flow as it relates to the new
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1 software. Provide warranty period of one hundred twenty days
2 (120) of phone support services commencing with final acceptance
3 date.
4 1.2 RESPONSIBILITIES-CITY
5 city agrees to give contractor access to appropriate
6 staff personnel 1 to 2 hours per day while contractor is on site
7 for the purpose of supporting the programming approval process.
8 city will provide an M.I.S. staff programmer to provide
9 coordination between City and Contractor and to receive
10 appropriate training so as to be able to provide on-going support
11 for the maintenance of the new garage software.
12 City's M.I.S. staff will be responsible for making
13 required hardware changes in a timely manner upon receipt of
14 hardware by City. city Administrator's office will provide a
15 detailed scope of work to the Contractor on or before June 1,
16 1992.
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18 TERMS AND CONDITIONS
19 2. TITLE
20 2.1 Contractor grants to City nonexclusive, nonassignable
21 rights to ownership of one copy of the finished product including
22 all modifications or revisions thereto as of the date of this
23 agreement.
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25 3. PAYMENT
26 3.1 city agrees to pay contractor a deposit of thirty
27 percent (30%) within thirty (30) days of the date executing this
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1 agreement.
2 3.2 Upon delivery of notice of completion of software
3 installation City agrees to pay contractor thirty percent (30%)
4 within thirty (30) days of delivery date.
5 3.3 Upon final acceptance by City of contract services, City
6 agrees to pay remaining forty percent (40%) within thirty (30)
7 days of acceptance. The City has sixty (60) days from the
8 delivery date to identify any deficiencies in the software. Upon
9 resolution of the deficiencies final acceptance is complete.
10 TOTAL CONTRACT PRICE $17.000.00
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12 4 . TERM
13 Contractor agrees to provide software described herein by a
14 target delivery and installation date of July 1, 1992. Contractor
15 agrees to provide additional training, staff support, and software
16 modifications and enhancements as needed through July 17, 1992, or
17 until software is fully operational.
18 Contractor shall not be held liable for delays arising out of
19 a cause beyond his control and without his fault or negligence.
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21 5. REPRESENTATIVES
22 The following personnel shall represent the parties for this
23 Agreement. Notices sent by one party to the other shall be
24 personally delivered or sent by U.S. Mail, postage prepaid, to the
25 following addresses:
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Contractor:
Ray Morrow
7910 350th st. East
Eatonville, WA 98328
City:
Manuel Moreno, Jr., Dir. of Pub. Services
Janis Ingels, Dir. of M.I.S.
300 North "0" street
San Bernardino, CA 92418
5 6. INDEMNIFICATION
6 Contractor hereby agrees to indemnify and save harmless City,
7 its officers, agents and employees of and from:
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a. Any and all claims and demands which may be made against
9 City, its officers, agents, or employees by reason of any injury
10 to or death of any person or damage suffered or sustained by any
11 person or corporation caused by, any negligent act or omission, of
12 Contractor under this Agreement;
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b. Any and all damage to or destruction of the property of
14 City, its officers, agents, or employees occupied or used by or in
15 the care, custody, or control of Contractor, caused by any
16 negligent act or omission, of Contractor under this Agreement or
17 of Contractor's employees or agents;
18 c. Any and all claims and demands which may be made against
19 City, its officers, agents, or employees by reason of any injury
20 to, or death of, or damage suffered or sustained by any employee
21 or agent of Contractor under this Agreement; excepting, however,
22 such claims and demands which are the result of the negligence or
23 willful misconduct of the City, its officers, agents or employees;
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d. Any and all penalties imposed or damages sought on
26 account of the violation of any law or regulation or of any term
27 or condition of any permit required by Contractor.
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7. TERMINATION
The Agreement may be terminated in whole or in part in
writing by the City or Contractor in the event of substantial
failure by the City or Contractor to fulfill their respective
obligations through no fault of the non-offending party provided
the offending party fails to remedy the reported failure of
performance within (30) days of receipt of written notice from the
non-offending party.
The rights and remedies of the City and Contractor provided
in this clause are in addition to any other rights and remedies
provided by law or under the Agreement.
8. CONTACT
city names Janis Ingels, Director of M.I.S., as a "key
contact." This individual will act as liaison with Contractor.
9. ENTIRE AGREEMENT
This contract constitutes the entire agreement between
city and Contractor and may be modified only by further written
agreement between the parties.
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AGREEMENT WITH. RAY MORROlv OF SATIN SYSTEMS FOR GARAGE SOFTWARE MODIFICATION.
1 IN WITNESS WHEREOF, this agreement has been executed by
2 the parties effective as of the date and year first above written.
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RAY MORROW J
Name: ,ftfJJ;~/tP</
Title: f>t2i Sf l/O/ f
Title:
Mayor
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Date: June 5, 1992
Date:
ATTEST:
9 Approved as to form
and legal content:
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JAMES F. PENMAN
CITYU:TTORNEY ~
BY: I ~ /- _/~..>'V....
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