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Home My WebLink About92-06 RESOLUTIONRESOLUTION NO, 92=06 A RESOLUTION APPROVING A ONE YEAR STANDARD SOFTWARE MAINTENANCE AGREEMENT IN THE AMOUNT OF $35,797.25 WITH DYNAMIC INFORMATION SOLUTIONS COMPANY, INC. (D.I.S.C.) TO SUPPORT THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year Standard Software Maintenance Agreement in the amount of $35,797.25 with Dynamic Information Solutions Company, Inc. (D.I.S.C.) to support the Electronic Document Management System. A copy of the Agreement, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 160, day of May, 2006. G�: "' •:mss =U• APPROVED: ATTEST: c ;FAYETTEVILLE; Wiz• A \ � %9s0 -V RKANSP Jam' By: By DAN COODY, May SONDRA SMITH, City Clerk Dynamic lntormation Solutions Company, Inc. 15 Shackleford Drive, Suite A Little Rock, AR 72211 CONTRACT # 05.2346 SYSTEM SERIAL # FAY001 _Original Contract X Renewal ApplicationXiender,• Verity Telefoon Dynamic Information Solutions Company, Inc. (D.I.S. C.) SERVICE AND SUPPORT AGREEMENT Dynamic Information Solutions Company, Inc. agrees to provide maintenance service and technical support and the Customer agrees to accept maintenance service and technical support for the invoiced system identified by the serial number listed above (the 'System's according to the Terms and Conditions of this Agreement. The Customer will render payment of the Total Amount stated below prior to the commencement of service/support. The Customer may, from time to time by written notice referencing this Agreement and payment to Dynamic Information Solutions Company, Inc., add additional authorized equipment to this Agreement at the then applicable charges, terms and conditions. Customer. City of Fayetteville Address: 113 West Mountain City: Fayetteville, AR 72701 Contact., Lesa Brosch Contract Amount: 33,735.61 Applicable Tares: 2,061.64 Contract Total: 350797.25 Invoice Date: January 9, 2006 Commencement Date: January 1, 2006 Expiration Date: December 31, 2006 The additional terms and conditions of the following pages are part of this agreement. The customer acknowledges that the customer has read this agreement understands it and agrees to be bound by its terms and conditions. Further, the customer agrees that this agreement is the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communication between the parties relating to the subject matter of this Agreement. City of Fayetteville By: Title: Name( Customer Accepted by Dynamic Information Solutions Company, Inc. D.I.S.C. 6-13-06 By: Date: S 3/ z 00 Title: PLEASE MAKE CHECK PAYABLE TO: Dynamic Information solutions company, Inc. 15 Shackleford Drive, Suite A 2. ADDITIONAL TERMSAND CONDITIONS TERM: a. This Agreement, signed by Dynamic Information Solutions Company, Inc. and the Customer, will go into effect the first day following the 90 Day Limited Warranty Policy provided the Customer has rendered payment of the Total Amount (Payment) to Dynamic Information Solutions Company, Inc. on or before the 89th calendar day after the original Invoice Date. b. The Commencement Date is considered the 91st calendar day after the original Invoice Date. c. In order for the Term to be automatically renewed one or more times in yearly increments, Payment, at the then applicable Charges, must be received by Dynamic Information Solutions Company, Inc. prior to the Expiration Date then in effect. Once this Payment is received, the Term is renewed for one year commencing on the day after the Expiration Date for the preceding year. MAINTENANCE SERVICE & TECHNICAL SUPPORT.' a. For all Systems under this Agreement, Dynamic Information Solutions Company, Inc. agrees to provide within a reasonable time, during Dynamic Information Solutions Company, Inc. normal business hours, the availability of Maintenance Service and Technical Support described as follows: Maintenance Service to keep the System in, or restore the System to, good working order. Maintenance service includes repair or replacement ofmaintenance parts, as deemed necessary by Dynamic Information Solutions Company, Inc. and repair or replacement of peripheral components, as deemed necessary by Dynamic Information Solutions Company, Inc. Maintenance parts, which may be used parts, will be furnished on an exchange basis and the replaced (returned) parts will become the property of Dynamic Information Solutions Company, Inc.. Technical Support to ensure operational techniques are proper and to provide technical advice and problem solving expertise. Also included is the support required to install any Uvnamie Information Solutions Company, Inc. authorized updates. b. Under this Agreement, the Customer agrees to (t) provide Dynamic Information Solutions Company, Inc. with their serial numbers; (1i) provide a suitable environment as specified by Dynamic Information Solutions Company, Inc., including adequate space, electrical power, air conditioning and humidity control; phone line for modem accessfor remote diagnostics, (iii) implement appropriate safeguardsfor the Customer's data, including proper storage of discs and sufficient data backups; and (w) provide qualified and trained personnel for operation of the System. 3. ENGINEERING CHANGES: a. Engineering changes, determined applicable by Dynamic Information Solutions Company, Inc. will be installed by the Customer unless otherwise specified by Dynamic Information Solutions Company, Inc. The Customer may elect to have only mandatory changes, as determined by Dynamic information Solutions Company, Inc. installed under this Agreement. CHARGES: a. For each System under this Agreement, the Customer agrees to pay on the Effective Date to Dynamic Information Solutions, inc. the service agreement price ofthe system in this Agreement. This amount shall constitute the Annual Charge. b. If the Customer requests maintenance service and/or technical support outside the Dynamic Information Solutions Company, Inc. normal business hours, and ifsuch maintenance service and/or technical support is available and provided, the Customer agrees to pay travel expense, then applicable hourly service rates, however, there will be no additional charge for maintenance parts. c. Maintenance service and/or technical support Charges under thisAgreement are not refundable. 5. PRICE CHANGES: a. Dynamic Information Solutions Company, Inc. may, effective on the first day of the succeeding Term which commences on the Effective Date specified in the Service Contract Renewal Form, change the Annual Charge. 6. TERMINATION OFTHISAGREEMENT a. The Customer may withdraw any or all Systems from this Agreement by not paying the Annual Charge as applicable at the time ofrenewal. b. Either party may withdraw any or all Systems from this Agreement at anytime by providing 30 days written notice offailure of any other party to comply with any of the Agreement's terms and conditions. c. Dynamic Information Solutions Company, inc. may cancel this Agreement if the Customer becomes insolvent or a petition is fled by or against Customer, voluntarily or involuntarily, under any bankruptcy law. . SERVICES FOR ADDITIONAL CHARGE a. The following are not considered maintenance service and/or technical support as described in the section `MAINTENANCE SERViCEAND TECHNICAL SUPPORT".- 1. UPPORT": 1. Repair ofdamage, replacement ofmaintenance parts, or any increase in service time caused by accident, disaster, neglect, abuse, or misuse; 2. Use of the System for purposes other than for which designed; and 3. Transportation; alterations; attachments; accessories; supplies; and expendable items, e.g., bulbs, printer cartridges, power supply batteries, general batteries or any item that has a lifespan due to normal usage. b. The following are not eligible for maintenance service and/or technical support as described in the section 'MAINTENANCESERVICEAND TECHNICAL SUPPORT": 1. Dynamic Information Solutions Company, Inc. Systems not under an agreement, 2. Non -Dynamic Information Solutions Company, Inc. parts; and 3. Non -Dynamic Information Solutions Company, Inc. repairs or activities, e.g. tampering or unauthorized repair, or attempted repair. c. Maintenance service and/or technical support as described in the section 'MAINTENANCE SER VICE AND TECHNICAL SUPPORT" will not be provided when the Customer jails to provide a suitable environment. d. The services listed in (a), (b) and (c) above, if available and practical for Dynamic Information Solutions Company, Inc. to render, may be provided under thisAgreement, however, the Customer agrees to pay travel expenses and parts prices plus travel at the Dynamic Information Solutions Company, Inc. then applicable hourly service rates and minimum charges. 8. GENERAL: a. Services provided under this Agreement do not ensure uninterrupted operation ofthe System and Dynamic Information Solutions Company, Inc. is not responsible for failure to render services or delay to render services due to causes beyond its control. b. This Agreement does not extend to any product which has been repaired or altered by other than service representatives qualified by Dynamic Information Solutions Company, Inc. c. This Agreement is not assignable without the prior written consent of Dynamic Information Solutions Company, Inc. Any attempt to assign any ofthe rights, duties or obligations of this Agreement without such consent is void. d. Dynamic Information Solutions Company, Inc. charges do include sales, use, excise, value-added or similar taxes. Consequently, in addition to the charges specified herein, the amount of any present or future sales, use, excise, value-added or similar tax applicable to the manufacturer, sale, price, delivery or use ofthe parts or services furnished hereunder shall be paid by the Customer, in lieu thereof, the Customer will provide Dynamic Information Solutions Company, Inc. with a tar exemption certificate acceptable to Dynamic Information Solutions Company, Inc. and taxing authorities. e. 7hisAgreement will be governed by the laws of the State ofArkansas. f Dynamic Information Solutions Company, Inc. is not responsible for lost data and images. Cost associated with recovery oflost data or images is solely the responsibility of the customer. The customer is to maintain sufficient backups ofall data and images. The customer agrees to routinely check backup systems. g. Qvnamic Information Solutions Company, Inc. is not responsible for disasters affecting the systems and hardware provided. Disasaters may include but are not limited to any act of God (i.e., tornado, food, lightning, earthquake), power surges or power sags, employee thefilvandalism, misuse/neglect, and any other cause beyond the control of Dynamic Information Solutions Company, Inc. DISCLAIMER: 77te warranties contained in this agreement are in lieu of all other warranties, express or implied including any regarding merchantability or fitness for a particular purpose, relating to the use or performance of the products. In no event will Dynamic Information Solutions Company, Inc. be liable for any damages, including but not limited to lost profits, lost savings, or any other consequential damages, even if Dynamic Information Solutions Company, Inc. has been advised of the possibility ofsuch damages, or for any claim against the customer by any other party. Some states do not allow the exclusion or imitation ofconsequential damages, so the above limitations or exclusions may not apply to the customer. This agreement gives the customer specific legal rights and the customer may also have other rights which may varyfrom state to state. �/VOA OL w Lesa Brosch Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts Mil IIPr Zoo6 City Council Meeting Date Information Technology Division Finance and Internal Services Department Action Required: nends approval of a 1 year Standard Software Maintenance Agreement Solutions Company, Inc. (D.I.S.C.) $ 35,797.25 Cost of this request 1010-1710-5416.00 Account Number Project Number $ 2142690.00 Category / Project Budget $ 162,866.00 Funds Used to Date $ 51,824.00 Remaining Balance Budgeted Item FX Budget Adjustment Attached Maintenance Program Category / Project Name Information Technology Program / Project Category Name General Fund Name Previous Ordinance or Resolution # Departtme� t Director Date Original Contract Date: .si Original Contract Number: