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HomeMy WebLinkAboutOrdinance 3385 FILED FOR RECORD ' 88 NOU 2 PM 2 47 WASHINGI ON CO AR A. KOLLMEYER ORDINANCE NO . 3385 AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE PURCHASE OF COMPUTER SOFTWARE FOR THE MUNICIPAL COURT , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby waives the requirements of competitive bidding for the purchase of computer software for the Municipal Court for the reason that said require - ments are not practical as Mayoras & Hittle is the only supplier of the specified software package . Section 2 . That the Board of Directors hereby authorizes the purchase of the software described on Exhibit " A" attached hereto for the Municipal Court from Mayoras & Hittle at a total cost of $ 11 , 775 . 00 . Section 3 . That the Board of Directors hereby determines that the immediate purchase of the computer software for the Municipal Court is . necessary for the City to provide efficient court services and that the provision of efficient court services is essential to the public health , safety and welfare . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and ' effect from and after its passage and approval . PASSED AND APPROVED this 18th day of October 1988 , APPROVED Q Mayor ATTEST ` BY L '-C y Clerk r� . wu 1294Pmar389 14 Alma Kollmoyar, Circuit Clerk and CERTIFICATE OF RECORD �X�=Offlk!P Recorder for Vash'ng;un County, State of Arkansas SS. AAptansts, d0 hcrcby ccrfify the this in, City of Fayetteville ihv:mLnt wcs hlcd for rcco d in mj office W indiratrd h.•con . ,d ac s,mc is now I, Suzanne C. McWethy, City Clerk and duly free d_d vmh tel v vj4 c gement Ex-Officio recorder for the City of Fayetteville, and ceruGcate Ihueon . .:,,cord Book and do hereby certify that the annexed or fore- page a� i-dieted thercon. going is of record in my office and the same ap- IN MWESS WN-7,lEOF, I have hereunto pears' in Ordinance &�� Resolution book Net my hand and affi>od thv sea! of said n ^ r � at page1 , Witness my ,Court on the date indicated hereon. hand,and seal this c?/ day of Alma Kollmeyer I9 Kircuit Clerk and Ex-officiMRecu ity Orerk and Ex-Officio P order 1ar� J AGREEMENT MAYORAS AND HITTLE , INC . AND FAYETTEVILLE MUNICIPAL COURT APPLICATIONS INCLUDED : ELECTRONIC DOCKETING CLERKS ACCOUNTING EXHIBIT A AGREEMENT THIS AGREEMENT made and entered into between Mayoras and Hittle , Inc . of Lafayette , Indiana , and the undersigned Customer as of the date hereof , WITNESSED : WHEREAS , the Customer desires to contract for the professional and technical data processing programming and installation services of Mayoras and Hittle , Inc . , and WHEREAS , Mayoras and Hittle , Inc . has offered to provide such professional and technical data processing programming and installation services , and WHEREAS , Mayoras and Hittle , Inc . has submitted to the customer a proposal to provide such professional and technical data processing programming and installation services , and WHEREAS , the parties hereto desire to enter into a written agreement with each other , mutually binding as concerns the specific and general terms and conditions set forth in the aforementioned proposal and the services to be performed by Mayoras and Hittle , Inc . NOW THEREFORE , in consideration of the foregoing and the parties ' mutual promises as set forth herein , the parties hereto do mutually agree as follows : 1 . EFFECTIVE DATES This Agreement and the obligations of the parties herein shall be effective as of the date hereof . 2 . SOFTWARE PROVIDED Mayoras and Hittle , Inc . agrees to provide professional and technical services to the Customer in the development , delivery and installation of data processing programming as set forth on Exhibit A attached hereto and by reference made a part hereof . 3 . PAYMENT TERMS The Customer agrees to pay Mayoras and Hittle , Inc . the Contract Price under the terms and conditions as set forth in Exhibit B attached hereto and by reference made a part hereof . 4 . PROGRAM LICENSE It is expressly agreed that the delivery of data processing programs by Mayoras and Hittle , Inc . to Customer shall constitute a grant from Mayoras and Hittle , Inc . to Customer of a non- transferable and non- exclusive license to use said data processing programs . The license shall consist of a diskette ( s ) containing application programming as stated in Exhibit A , a Users Manual and up to 8 hours of implementation planning . Each such license granted under this agreement authorizes the Customer to use the provided programs in machine readable form on the machine or machines designated on Exhibit A attached hereto , and in conjunction therewith to store the provided programs in , transmit them through or display them on units associated with such designated machines and to copy the programs in machine readable form into any machine readable or printed form to provide sufficient copies to support Customer ' s use of the provided program as authorized under this Agreement . The license granted with respect to programs provided pursuant to this agreement extends only to use of such programs by Customer and on the machines designated herein . Customer shall not allow the use of any such programs by another person or the transfer or conveyance of such programs to any other machines without the express written consent of Mayoras and Hittle , Inc . In the event of a breach of this section by Customer , the parties agree that damages to Mayoras and Hittle , Inc . are not subject to calculation and Mayoras and Hittle , Inc . shall therefore be entitled to liquidated damages in an amount equal to one half of the Contract Price as set forth in Exhibit B hereto which sum shall be immediately due , and payable to Mayoras and Hittle , Inc . 5 , WARRANTY Mayoras and Hittle , Inc . warrants that all application software provided pursuant to this Agreement will conform to its System Design Document or User ' s Manual if properly used in accordance with the User ' s Manuals provided . Mayoras and Hittle does warrant that the operation of any program provided will be error free or uninterrupted or that all program defects will be corrected if used in accordance with System Design Documentation or Users Manual provided . Mayoras and Hittle , Inc . further warrants that the all application software provided pursuant to this Agreement will operate successfully on the machine or machines specified in Exhibit A . 5 . 1 Customer Modification The Customer shall inform Mayoras and Hittle , Inc . in writing of any change to or modification of any of Mayoras and Hittle , Inc . software which it desires to make . 5 . 2 Customer Negligence At any time during the Warranty Period ( as defined in paragraph ( 5 . 4 ) ) . Mayoras and Hittle , Inc . shall not be required to correct or avoid any defects in any of the Mayoras and Hittle , Inc . software caused or increased , by the Customer ' s negligence , improper installation or operation of Mayoras and Hittle , Inc . ' s software or other improper action by the Customer . 5 . 3 Disclaimer Mayoras and Hittle , Inc . shall have no liability under the warranty except the correction or avoidance of defects as specified in paragraph ( 5 . 5 ) hereof . The warranties set forth in this paragraph are in lieu of all other representations and warranties relating to the software , expressed or implied , including warranties of title , operation , merchantability or fitness for a particular purpose and any other statutory of common law warranty . Mayoras and Hittle , Inc . expressly disclaims and excludes any such other representations and warranties . Correction of defects by Mayoras and Hittle , Inc . in the manner provided in Paragraph ( 5 . 5 ) shall constitute fulfillment of all liabilities to the customer in respect of any defects in the software , whether based on contract , negligence , strict liability in tort , or any other legal or equitable theory . In no event shall Mayoras and Hittle , Inc . be liable for incidental , consequential , loss of business , special or indirect damages of any nature whatsoever . Regardless of any provisions herein contained to the contrary , Mayoras and Hittle , Inc . warrants and guarantees the title to and the ownership of all material and property , including a non- transferable and non-exclusion license to use proprietary software , furnished by Mayoras and Hittle , Inc . to the customer under the terms hereof , and warrants that they are capable of and sufficient to accomplish the tasks for which they are supplied . 5 . 4 Warranty Period This warranty and Mayoras and Hittle , Inc . obligations under paragraph ( 5 . 5 ) hereof shall commence at the date of this Agreement and shall terminate three ( 3 ) months from delivery of each software module . Notwithstanding the foregoing , this warranty and Mayoras and Hittle , Inc . ' s obligation under paragraph ( 5 . 5 ) hereof shall immediately terminate 1 ) if the Customer makes any changes or modifications to software without the written consent of Mayoras and Hittle , Inc . , 2 ) if the Customer fails to install any Amendments supplied by Mayoras and Hittle , Inc . ' s or , 3 ) if the Customer operates Mayoras and Hittle , Inc . software on any hardware other than the equipment specified in this Agreement . 5 . 5 Warranty Support During the Warranty Period , Mayoras and Hittle , Inc . will design , code , checkout , document and deliver any amendments or alterations ( the " Amendments " ) to Mayoras and Hittle , Inc . ' s software that are necessary to correct or avoid any defect in Mayoras and Hittle , Inc . ' s software which , in Mayoras and Hittle , Inc . ' s opinion , is present at the time of delivery and significantly affects performance of Mayoras and Hittle , Inc . ' s software . Failure to install any Amendment supplied by Mayoras and Hittle , Inc . when received by the Customer shall result in the termination of the warranty granted by this Agreement and Mayoras and Hittle , Inc . obligations under this paragraph granted by this Agreement and of Mayoras and Hittle , Inc . obligations under this paragraph ( 5 . 5 ) . Mayoras and Hittle , Inc . shall only be responsible to correct defects which are submitted to it in writing during the Warranty Period . Oral notification or generalized complaints will not constitute notice under this Agreement . 5 . 6 Program Updates Mayoras and Hittle , Inc . warrants that application software updates , enhancements , instructions for installing updates and enhancements , and changes , to System Design Documents and User ' s Manuals required to maintain the application software in accordance with Arkansas code ( s ) and requirement ( s ) will be provided to Customer on an ongoing and timely basis without additional costs to Customer except for handling and materials charge . 6 . CONTRACT REMEDY ( S ) IN THE EVENT OF A BREACH OF THIS AGREEMENT BY Mayoras and Hittle , Inc . Customer ' s exclusive remedy and Mayoras and Hittle , Inc . ' s entire liability shall be as follows : In all situations involving performance or non-performance of application software provided under this Agreement , the Customer ' s remedy is 1 ) request in writing the timely correction of program defects by Mayoras and Hittle , Inc . or 2 ) if Mayoras and Hittle , Inc . does not respond to the written request or fails to make the application software operate as warranted within 180 days of the request , the Customer shall be entitled to recover actual damages to the extent of but not exceeding the Contract Price as set forth in Exhibit B attached hereto for all applications functionally affected by such non-performance . In all other situations , Mayoras and Hittle , Inc . liability to Customer for any cause whatsoever , whether in contract or in tort including negligence shall be limited to the lesser of Contract Price set forth in this Agreement or any sums actually paid by Customer to Mayoras and Hittle , Inc . pursuant to this Agreement . This limitation of liability shall not apply to any claims for personal injury caused solely by the negligence of Mayoras and Hittle , Inc . In the event Customer shall fail to make any payment required hereunder when due Customer shall pay all costs of collection including reasonable attorney ' s fees . 7 . AGREEMENT STATEMENT This agreement is the complete and exclusive statement of the agreement between the parties hereto and supersedes all proposals or prior agreements , oral or written , and all other communications between the parties relating to the subject matter of this agreement . This agreement shall be governed by the laws of the State of Indiana . C// Dated this day of 'L' Mayoras and Hittle , Inc . "ell// r � CUSTOMER By : � �r %,"✓lam By : � ►-✓ R . Michael Mayoras V . P . of Marketing Mayoras and Hittle , Inc . C�r�nE.J pry EXHIBIT A PROGRAM DESCRIPTION Mayoras and Hittle , Inc . agrees to provide the following products and/or services to customers using the specified machine or machines : APPLICATIONS : PRICE : Electronic Docketing License Fee $ 61200 Clerks Accounting License Fee $ 61300 TOTAL : $ 12 , 500 MACHINES : IBM System/ 36 ( existing ) The bid specifications outlined by the Fayetteville Municipal Court and Mayoras and Hittle ' s response to these specifications are outlined on Appendix A and included as a part of this contract . In order to comply with the State of Arkansas reports that are required at the Municipal Court level , customization of these reports has been estimated at $ 1 , 000 . Training has been quoted at $ 450 per day for 5 days on- site . The customer is responsible for all travel and expenses incurred by Mayoras and Hittle . Fayetteville Municipal Court November 2 , 1988 EXHIBIT B TERMS AND CONDITIONS OF PAYMENT Customer shall pay to Mayoras and Hittle , Inc . for products and/ or services provided by Mayoras and Hittle , Inc . pursuant to his agreement according to the following schedule as set forth below : PAYMENT SCHEDULE Payment Due Date Explanation Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Upon delivery of 75 % of Application $ 9 , 375 diskettes and License Fee documentation Upon successful completion 25 % of Application $ 31125 of one monthly cycle License Fee providing that such cycle immediately follows training from Mayoras and Hittle , Inc . As modifications # of hours modification Estimated are performed performed $ 1 , 000 Upon completion # of days training Estimated of training performed $ 2 , 250 Upon completion Reimbursement for of training travel expenses Fayetteville Municipal Court November 21 , 1988 SUPPORT AGREEMENT THIS AGREEMENT , made and entered into between Mayoras and Hittle , Inc . of Lafayette , Indiana , and the undersigned Customer as of the date hereof , WITNESSED : WHEREAS , the Customer desires to contract for the services of Mayoras and Hittle , Inc . for the purpose of providing Customer with professional and technical system support services , and WHEREAS , Mayoras and Hittle , Inc . has offered to undertake the provision of such professional and technical system support services , and WHEREAS , Mayoras and Hittle , Inc . has submitted to the Customer a proposal for such professional and technical system support services , and WHEREAS , the parties hereto desire to enter into a written agreement with each other , mutually binding as concerns the specific and general terms and conditions set forth in the aforementioned proposal and the services to be performed by Mayoras and Hittle , Inc . NOW THEREFORE , in consideration of the foregoing and the parties ' mutual promises as set forth herein , the parties hereto do mutually agree as follows : 1 . This Agreement and the obligations of the parties herein shall be effective as of the day of the date hereof . 2 . Mayoras and Hittle , Inc . agrees to provide the following professional and technical system support services to the customer : Response Line Unlimited access , between the hours of 8 : 00 am and 5 : 00 pm ( EST ) Monday through Friday , with the exception of recognized holidays , to Mayoras and Hittle , Inc . phone response personnel , knowledgeable of the customer ' s software applications , for assistance with procedural questions , emergency situations , problem determination and resolution . Under this agreement phone support is provided with no additional cost to the customer . New Versions , Enhancements , and Updates Mayoras and Hittle , Inc . will provide new versions , enhancements and updates of software applications as they are developed , at no additional cost to the customer . ( See Addendum( s ) ) Discounted Additional Services Mayoras and Hittle , Inc . will also provide programming and training at a 20% discount off our regular $ 450 . 00 per day rate . All travel expenses will be billable and must be documented . Maintenance Programming Mayoras and Hittle , Inc . will provide the programming time necessary to repair any broken code ( i . e . a program that fails to execute with data available ) . 3 . The Customer agrees to pay Mayoras and Hittle , Inc . the monthly , quarterly , or annual amount upon the terms and conditions as set forth on the Addendum( s ) attached hereto . 4 . This Agreement and the obligations of the parties herein shall remain in force unless or until either party notifies the other in writing , in which case a 60 day termination shall commence at the end of which this agreement will be at an end . �y Q Dated this �3 day of jw f91�y . APPROVED : �J MAYORAS AND HITTLE , INC . CUSTOMER BY : bQAIg \ BY : Q ( ��c. ,✓ Authorized Signature �Authori ed S/' ature Doreen Habben Name (Type or Print ) Name (Type or Print ) Marketing Coordinator Title Title SUPPORT AGREEMENT ADDENDUM Addendum II 1 Date Effective: 90 days from the First Day of Training rounded up to the beginning of the next month License Description Electronic Docketing Clerk's Financial Accounting TOTAL MONTHLY SUPPORT AGREEMENT Monthly Support Agreement Amount $ 126.00 $ 147.00 $ 273.00 Customer: Fayetteville Municipal Court First Day of Training: Date Prepared: 11/21/88 MAYORAS AND HITTLE, INC. Authorized Signature Doreen Habben Name (Type or Print) CITY OF FAYETTEVILLE MUNICIPAL COURT B=l RESPONSE PREPARED BY MAYORAS AND HITTLE, INC. 7/21/88 15.1.1. ALility to process and maintain records for city, county, small claims, and civil courts separately within the same system. Response: Yes 15.2.1. Create and maintain personal accounts for individuals with such information as name, address, place of employment, height, weight, total balance due on all outstanding tickets, etc. Response: Yes 15.3.1. Create and maintain dockets containing all information relating to arrest or ticket (date of offense, offense descriptions, arresting officer, fines, court costs, case dispositions, account number, etc). Response: Yes 15.3.2. ?r:vide an audit trail of all tickets issued that should have come through municipal court by comparing ticket nu:•nbers entered through docket maintenance to ticket numbers entered in the computer from the books issued by the police department, and producing a report of ticket numbers not accounted for. Response: Yes, report is generated through IBM Query/36. The data fields exist to perform the Query. 15.3.3. AL-ility to perform the following transactions: -post bonds -assess fines and cost automatically from charge -process bond forfeiture and refu ds -enter cash payments -set terms of payment -set trial dates -issue warrants -enter dispositions either at the time of docket creation or before docket creation Response: Yes, to all of the transactions outlined. APPENDIX A, Page 1 15.4.1. A_:ility to automatically assess court costs upon entry of the fine. Response: Yes 15.4.2. Ability to automatically spread collections at the end of the month across the oustanding accounts receivables for each court cost based upon a calculated percentage. Response: Yes 15.5.1. Ability to go in after posting and make adjustments to bonds, cash payments, court costs, fine amounts, etc. leaving an audit trail of the adjustments. Response: Yes 15.6.1. Ability to enter a name and pull up account numbers and ticket numbers. Response: Yes 15.6.2 Ability to go directly from the alphabetic cross-reference screen to the selected account number or ticket number. Response: Yes 15.6.3. Ability to generate a new account number and go directly into account maintenance without going through menus. Response: Yes 15.6.4. Ability to display history of payments made on a particular ticket without leaving the alphabetic cross-reference. Response: Yes 15.7.1. Ability to enter a date of birth, social security number, driver's license number, or tag number and have the same capability as in the alphabetic crass -reference. Response: Yes 15.8.1. Ability to enter cash deposits made to the bank and reconcile deposits with the bank statement. Response: Yes APPENDIX A, Page 2 15.9.1. Ability to keep record of checks which need to be written for bond refunds, payment refunds, end of month disbursements, and other miscellaneous disbursements. Response: Yes 15.9.2. Ability to reconcile with the bank statement. Response: Yes 15.9.3. Ability to produce a report showing which checks are outstanding and which checks are cancelled. Response: Yes 15.9.4. Ability to clear cancelled checks for the next month. Response: Yes 15.10.1. Abiilty to issue and print warrants on existing dockets (for failure to appear) and on new charges such as hot checks, assault, etc. Response: Yes, warrants can be tracked and we are currently enhancing the product to also print warrants. 15.11.1. Report generator that allows reports to be produced from multiple data files using multiple sort keys which are custom designated as required for each report. Response: This can be done with IBM Query/36 product. 15.11.2. Ability to produce a hard copy of all new dockets to comply with state statues requiring a hard copy of all dockets. Response: Yes 15.11.3 15.11.3.1 Judicial Department Report The number of cases in categories of moving, criminal, and DWI 41, 2 and 3. Response: Yes, modification costs of $ 1,000 were included in the $13,500 quote by Jill Slain. These reports will be cutomized for Fayetteville Municipal Court. APPENDIX A, Page 3 15.11.3.2. The number of convictions (judgements) Response: Yes 15.11.3.3 The number of appeals. Response: Yes 15.11.3.4. Dollar amount of fines and costs assessed. Response: Yes 15.1..3.5. Dollar amount of fines and costs collected. Response: Yes 15.11.4.1. Aged accounts receivable with amounts aged on a 0-29 days, 30-59 days, 60-89 days, 90-119 days, 120-364 days, 365-729 days, 730-1094 days, 1095-1459 days, and 1460 days and over basis. Response: Yes 15.11.4.2. Ability to produce a daily report of accounts over 10 days past due. Response: Yes, using IBM Query/36 product. 15.11.5.1. Ability to produce reports showing which individuals are behind on payments and how much they are behind. Response: Yes 15.11.5.2. Ability to produce letters from information stored or_ -line to send to individuals who are behind on -payments. Response: Yes 15.11.6.1. Summary of each days reciepts and adjustments journal Response: Yes 15.11.6.2. List of money assessed and collected and balance outstanding on fines and court costs. Response: Yes APPENDIX A, Page -4 15.11.6.3. Figures from these reports are used to generate the end of the month checks. Response: Yes 15.11.7.1. Ability to generate notices notifying defendants or their city of the trial date for their case. Response: Yes 15.12.1. Shared access to personal account information with both having full update capability of account information. Response: Yes, personal account information can have shared access and update capability however the balance due should not have update capability for the police. 15.12.2. Ability for police to enter transactions (Payments, bonds, etc.) to be transferred to municipal court for,.posting. Response: Yes, with the first release of the integration between Mayoras and Hittle and CHIEFS. We are currently enhancing the product to perform this function. 15.12.3. Ability for police to enter new tickets in police files while at the same time creating a municipal court ticket with the shared information written to it. Response: Yes, with the first release of the integration between Mayoras and Hittle and CHIEFS. We are currently enhancing the product to perform this function. 15.12.4. Security system which allows three levels of security (view, limited update capability, full update capability) to be maintained separately as well as allow shared access at each level without either department having access to to other department's passwords. Response: Yes 15.13. Is you municipal court system certified in Arkansas. Response: Mayoras and Hittle will work with the city to obtain certification for Fayetteville Municipal Court. APPENDIX A, Page 5 THE BE IT - ORDAINEDIBY THE BOARD OFOIREC. TORE OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby waives the requirements of com- petitive bidding for the pur- chase of computer software for the Municipal Court for the reason that said re- • quirements are not practical .as Mayoras & Hittle Is the only supplier of the specified software package. Section 2. That the Board of 'Directors hereby authorizes the purchase of the software described on. Exhibit "A" attached hereto for the Municipal Court from Mayoras & Hittle eta total' cost of $11,7rs.00. Section 3.. That the Board of Directors hereby deter- mines that the immediate purchase of the computer software for the Municipal Court is necessary for the City to provide efficient Court services and that the • provision of efficient court services is essentlal,fo the - public health,- safety and Welfare. Therefore, an emergency. is hereby declared to exist and this or- dinance being necessary for the public health, safety and welfare shell be in full force and effect from and after its Passage PASSED AND APPROV- ED this lath day:of October, 1988. - APPROVED •. ;'•By: Marilyn Johnson ATTEST 'r -Mayor By: SuzanneMcweMy q ^Itt r• -L. Ba. County of Washington /I CA A'(- � 'YL^� f +t hereby certify that I am the publisher of T E NORTHWEST ARKANS • S TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) Intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news valueand nd service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the -r!'I- day of /__Lrr�r_ 19 ____— the second insertion on the day of 19 the third insertion on the day of 19 and the fourth insertion on the Sworn to and subscribed before day ot_�_ 1% —2— me on'ii: s (� day of 1 ,: I ' ary Publi t, , tl •�' My Commission Expires: 9-/-9/ Fees for Printing _ .S Qom" ao Cost of Proof _ S Total—. S ��•�-� NOV i 0 . ,..rnt: a.l,ancp..,;r4iE