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CITY OF SAN SAARDINO
- REQUES9FOR COUNCIL ACTION
From: Janis Ingels, Director
Dept: M.I.S.
Date: May 21, 1992
$ubject: RESOLUTION AUTHORIZING AN. AGREEMENT FOR
CONTRACT SERVICES FOR GARAGE SOFTWARE.
Synopsis of Previous Council ection:
Recommended motion:
Adopt the Resolution.
Contect person: Janis Ingels
Phone: 5010
Supporting data ettached: Staff Report, Resolution & AgreementWard: City-Wide
FUNDING REQUIREMENTS:
Amount: $17,000.00
Source: (Acct. No.) 127-411-53150 (R.EFI/.SE filA/D)
(Acct. Descriotionl Brofessional/ContEactual Services
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Financed. /'v.J p'
Council Notes:
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CITY OF SAN BEAARDINO - REQUES~OR COUNCIL ACTION
STAFF REPORT
Attached is a proposed resolution authorizing an agreement with Ray
Morrow of satin Systems for software development services for the
city's garage operation.
Manuel Moreno, Jr. recently assumed the responsibility for
management of the central garage. He has analyzed the work flow
and operations and based on this analysis, is recommending certain
changes. New software is needed to automate the recommended
procedures.
Ray Morrow of satin systems wrote the Garage's Gas Boy module and
various other Garage related software. He has met with Mr. Moreno
and his staff to review the current operation and needs of the
Garage. This agreement will provide for his contractual services
to develop and implement a new system. It also provides for
training of staff and start-up services. The goal is to be able to
begin entry of Garage data into the system on July 1.
Although M.I.S. programmers are capable of developing this
software, their current workload prohibits beginning and completing
the job in a reasonable timeframe to meet the urgent automation
needs of the garage operation.
An M.I.S. programmer will be trained on the software simultaneously
with the Garage staff to provide on-going system support after the
contract has been fulfilled.
The contract amount is $17,000. and would be funded out of the
Refuse fund.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR
OF SAN BERNARDINO TO EXECUTE AN AGREEMENT WITH RAY MORROW OF SATIN
SYSTEMS TO PROVIDE SOFTWARE FOR THE CITY'S GARAGE OPERATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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and directed to execute on behalf of said city an agreement with
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SECTION L
The Mayor of San Bernardino is hereby authorized
Ray Morrow of Satin Systems, relating to the development of
software for the city Garage.
A copy of said agreement is attached
hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
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
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Clerk within 60 days following effective date of the resolution.
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adopted by the Mayor and Common Council of the City of San
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I HEREBY CERTIFY that the foregoing resolution was duly
Bernardino at a
meeting thereof, held on the
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to wit:
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, 1992 by the following vote,
day of
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RESOLUTION rD AGREEMENT WITH RAY MORRCM OF QIN Sys'rEMS TO PROVIDE
SOFTWARE FOR THE CITY'S GARAGE OPERATION.
1 COUNCIL MEMBERS: AYES NAYS ABSTAIN .. ABSENT
2 ESTRADA
3 REILLY
4 HERNANDEZ
5 MAUDSLEY
6 MINOR
7 POPE-LUDLAM
8 MILLER
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10 city
Clerk
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The foregoing resolution is hereby approved this
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day of , 1992.
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15 W.R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
17 and legal content:
18 James F. Penman
city Attorney
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20 By:
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AGREEMENT
FOR CONTRACT SERVICES
GARAGE SOFTWARE
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
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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 deli very 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 deli very 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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City:
Manuel Moreno, Jr., Dir. of Pub. Services
Janis Ingels, Dir. of M.I.S.
300 North "0" Street
San Bernardino, CA 92418
Contractor:
Ray Morrow
7910 350th st. East
Eatonville, WA 98328
6. INDEMNIFICATION
Contractor hereby agrees to indemnify and save harmless city,
its officers, agents and employees of and from:
a. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury
to or death of any person or damage suffered or sustained by any
person or corporation caused by, any negligent act or omission, of
Contractor under this Agreement;
b. Any and all damage to or destruction of the property of
city, its officers, agents, or employees occupied or used by or in
the care, custody, or control of Contractor, caused by any
negligent act or omission, of Contractor under this Agreement or
of Contractor's employees or agents;
c. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury
to, or death of, or damage suffered or sustained by any employee
or agent of Contractor under this Agreement; excepting, however,
such claims and demands which are the result of the negligence or
willful misconduct of the city, its officers, agents or employees;
and,
d. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term
or condition of any permit required by Contractor.
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7.
TERMINATION
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This contract constitutes the entire agreement between
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City and Contractor and may be modified only by further written
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agreement between the parties.
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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
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AGREEMENI' mORAY MORROO OF SATIN SYSTEMS ~GE SOF'lWARE I<<>DIFICATIOO.
IN WITNESS WHEREOF, this agreement has been executed by
the parties effective as of the date and year first above written.
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RAY MORROW
CITY OF SAN BERNARDINO
Name:
Name:
Title:
Title:
Date:
Date:
Approved as to form
and legal content:
JAMES F. PENMAN
C'if=RNEY
BY: .~?/~
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