HomeMy WebLinkAboutOrdinance 3385 FILED FOR RECORD
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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
