HomeMy WebLinkAbout44-08 RESOLUTIONRESOLUTION NO. 44-08
A RESOLUTION APPROVING THE 2008 SERVICE AND
SUPPORT AGREEMENT IN TI IE AMOUNT OF S38,265.48 Will
DYNAMIC INFORMATION SOLUTIONS COMPANY, INC.
BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas
hereby approves the 2008 Service and Support Agreement in the amount of
S38,265.48 with Dy namic Information Solutions Company, Inc. A copy of the
Annual Service and Support Agreement, marked Exhibit "A" is attached hereto
and made a part hereof
PASSED and APPROVED this 41h day of March, 2008.
APPROVED: ATTEST:
PtA
D N COODY, Mayor
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SONDRA E. SMITH, City Clerk/Treasurer'i'
D I.S.0
Dynamic Information Soluhons Company Inc (0 1 S.0 ;
15 Shackleford Drive. Suite A
Little Rock AR 72211
CONTRACT # 08-1013
SYSTEM SERIAL # FAY001 Original Contract
x Renewal
Dynamic information Solutions Company, Inc (0 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 end technical support for the invoiced system identified by The serial number listed above (the "System") 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 tune to time by wnffen notice referencing this Agreement and payment to Dynamic Information Solutions
Company. Inc add additional authonzed equipment to this Agreement a± the then applicable charges, terms and conditions.
Customer. City of Fayetteville
Address113 West Mountain
City Fayetteville, AR 72701
Contact Lesa Brosch
Contract Amount
Applicable TeXeS'
Contract Total:
35.025.61
3,23387
38,265.48
Invoice DateJanuary 1, 2008
Commencement Date January 1, 2008
Expiration Date- December 31, 2008
The additional terms and conditions of the following pages am part of this agreement The customer acknowledges that the customer has mad 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 pnor agreements, orai or written. and all other
communication between the parties relating to the subject matter of this Agreement.
City of Fayetteville
By. Date.
Name (Type or Print)
Customer
Accepted by
Dynamic Information Solutions Company. Inc
DISC
By.
TO 0.1:14 Date- /-/ta 2c4
Title. e
PLEASE MAKE CHECK PAYABLE TO
Dynamic ThfOIMatiOn solutions company. Inc
15 Shackle,d °nye. Suite A
Little Rock, AR 72211
•
ADDITIONAL TERMS AND CONDITIONS
TERM:
This Agreement, signed by Dynamic Information Solutions Company, Inc and the
Customer, wzll go into effect the first da) following the 90 Day Limited Warranty Policy
provided the Customer has rendered payment of the Iota! Amount (Payment) to DYnamic
Information Solutions Company Inc on or before the h9th 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
('ompany. 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 Pr the preceding
year.
d. If payment Ls not received by the coparation date, Dynemtic Information Solutions Company will
no longer provide hardware or software support fiir the items covered under the terms of this
agreement. All telephone and onsite support after the expiration date will be billed at the rate of
$2,50.00 per hour in addition in any travel expenses and/or parts and repair expenses.
AfAINTENANCE SERVICE & TECHNICAL SUPPORT:
a. bor all Systems under this ,Agreement. Dinamic Information Solutions Company. Inc. agrees 0)
proytdelnithin a reasonable time, during Dynamic Information Solutions Company, Inc. normal
business hours. the availahiho• of Maintenance Service and Technical Support described as
,ikintenance Service to keep the System in, or restore the System to, good working order.
Maintenance service includes repair or replacement of maintenance 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 he 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 ant
Dynamic Information Solutions CompaTt Inc. authorized updates
h Under this Agreement, the Customer agrees to (i) provide Dynamic Information Solutions
Company, Inc.mith their serial numbers; tip provide a suitable environment ai specified hy
DInamic Information Solutions Company. Inc.. including adequate space, electrical power,
air conditioning and humidity control: phone line for modem access for remote diagnostics,
(hp implement appropriate safeguards for the Customer data, including proper storage of
discs and sufficient data backups• and 04 provide qualified and trained personnel for
operatwn of the System.
ENGINELRING CIMNGES:
a Engineering changes. determined applicable by Dynamic Information Solutions
Company. Inc. will be installed by the Customer unless otherwise specified bi 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
4 CHARGES.
a For each Sy.stem under this Agreement, the Customer agrees to pay on the Effective Date to
Dynamic Information Solutions, Inc. the service agreement price of the system in this
.4greement. This amount shall constitute the _Annual Charge
11 the Customer requests maintenance service and'or technical support outside the Dynamic
Information Solutions Company, Inc normal business hours, and if such maintenance service
cantor 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 Pr
maintenance parts.
c. Maintenance service ancllor technical support Charges under this ,4greement are not
refundable
5. PRICE CHANGES:
a. Di namic Information Solutions Company. Inc. may, effective on the first day of the
.succeeding Term which commences on the Effrcave Date specified in the Service Contract
Renewal Form. change the Annual Charge.
6 TERMINATION OF THIS AGREEMENT.
a. The Customer may withdraw any or all Systems from this Agreement hy not paying the
Annual Charge as applicable at the time of renewal
h. Either party may withdraw any or all Systems from this Agreement at any time by providing
30 days written nonce offailure if 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 filed hy or against Customer, voluntarily or involuntarily,
under any bankruptcy law
SERVICES FOR ADDITIONAL CHARGE
a. The following are not considered maintenance service andfor technical support as described in
the section "M'AIN ENANCE SERVRT, AND TECHNICAL SUPPORT":
Repair of damage, replacement of mamtenance 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 hfespan due to normal usage.
h. The following are not eligible for maintenance service and/or technical .support as described
in the section "M4INTE1vAM1E SERVICE AND TECHNICAL SUPPORT'':
I. Dynamic Information Solutions Company. Inc Systems not under an agreement;
2. Von - Dynamic Information .Solutions Company, Inc parts: and
3. Non -Dynamic Information Solutions Commit?), Inc repairs or activities, e.g
tampering or unauthorized repair, or attempted repair.
Maintenance service and/or technical support as described in the section "MAINTENANCE
SERIKE AND TECHNICAL SUPPORT" will not be provided when the Customer fails to
provide a suitable environment
•
d. The services listed in (a), th) and to above. if available and practical for Dynamic
Information 'Solutions Company. Inc. io render, may be provided under this .4greement,
however, the Customer agrees to pay trcnvl expenses and parts price.s plus travel at the
Dynamic' Information Solutions Company. Inc. then applicable hourly service rates and
minimum charges.
.3? GENERAL:
a. Services provided under this Agreement do not ensure uninterrupted operation of the System
and D, manic 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 hy 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 of the 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 fax applicable to the
manufacturer, sale, price, delivery or use of the parts or services furnished hereunder shall he
paid by the Customer, in lieu thereof the Customer will provide Dynamic Information
Solutions Company. Inc. with a fax exemption cernficate acceptable to Dynamic Information
Solutions Company, Inc. and taring authorities.
e. This .4greement will be governed b.) the laws of the State ofArkansas.
g.
Dynamic Information Solutions Company. Inc. is not responsible for lost data and images. Cost
associated with recovery of lost data or Images is solelv the responsibility of the customer. The
customer is to maintain sufficient backups of all data and images. The customer agrees to
routinely check backup ststems.
Dynamic Information Solutions Company, Inc is nut responsible for disasters affecting the
systems and hardware provided Disasaters may include hut are not limited to any act of God
(ie.. tornado..flood lightning. earthquake), power surges or power sags. employee
theft/vandalism, misuse/neg)ect, and any other cause beyond the control of Dinamic Information
Solutions Company, Inc.
DISCLAIMER: The 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 of such damages, or for any claim against the customer
hy any other party. Some states do not allow the etclusion or imitation of consequential damages. so the above
limitations or exclusions may not apply to the aistomer. This agreement gives the customer specific Jegal rights and
the customer may also have other rights which mcry vary from state go .slate.
S. Huddleston
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Or
Contracts
3SC08 3)410g
City Council Meeting Date
Information Techro:ogy
Division
Action Required:
¥1,1) -
Finance
Department
Approve payment for 2008 D.I.S.C. Software Maintenance Fees.
38.265 48
Cost of this request
1010-17'0-5416.00
Account Number
Project Number
Budgeted Item
X
290,770.0C
Category / Project Budget
A.15,960.50
cunds Used to Date
174 809.50
Remaining Balance
Budget Adjustment Attached
Maintenance
Prograrr Category / Project Name
Program / Project Category Name
General
Fund Name
‘-e Q
Department Director
City Attorney
Finance and Internal Service Director
!Lae I rief
Mayor
1-- 1 5 -e
Date
Date
2 15 -de
Date
Date
Prey ous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
15-07
3/15/2005
Received in Mayor's Office
EC.
Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 26, 2008 Agenda Session
February 5, 2008
TO: Mayor Coody
Tr IRU: Paul Becker. Finance Director
FROM: Scott I luddleston. Information Technology Director
SUBJECT: AGENDA ITEMS TO APPROVE PURCIIASE REQUESTS TO D.I.S.C. FOR 2008
SERVICE AND MAINTENANCE..
Recommendations:
Staff recommends approval of a 1 -Year Standard Software Maintenance Agreement Contract
with Dynamic information Solutions Company. Inc. (D.I.S.C.)
Discussion:
Service and Maintenance fees are necessary to keep software current. These fees allow the City to
receive updates and enhancements to the software as they become available. In addition, Service
and Maintenance fees provide technical phone support and problem troubleshooting and resolution.
The software products that we have purchased from D.I.S.C. are essential to the City's day to day
operations and it is important that we keep these assets current.
Background:
The City implemented an Electronic Document Management System (EDMS) in the third
quarter of 2005 from Dynamic Information Solutions Company, Inc (DIS.C.) The EDMS is a
city-wide document management system. The implementation consisted of Appxtender
Document Management, Appxtender Image Capture, Webxtender, Verity Teleforms. and
Records Management. Currentlythe system has approximately 190.000 documents containing over
1,044.000 pages.
RESOLUTION NO.
A RESOLUTION APPROVING THE 2008 SERVICE AND
SUPPORT AGREEMENT IN THE AMOUNT OF $38,265.48 WITI1
DYNAMIC INFORMATION SOLUTIONS COMPANY, INC.
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 the 2008 Service and Support Agreement in the amount of
$38,265.48 with Dynamic Information Solutions Company, Inc. A copy of the
Annual Service and Support Agreement, marked Exhibit "A" is attached hereto
and made a part hereof
PASSED and APPROVED this 4th day of March, 2008.
APPROVED: ATTEST.
DAN GOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
INVOICE
City of Fayetteville
113W. Mountain
Fayetteville, AR 72701
Attn: Lesa Brosch
Date
Invoice #
P.O. #
Terms
Due Date
Tax ID
1 1'2008
08-1011
Ne: 30
1/31;2008
71-0842791
Qty
Description
Rate
Amount
Suppon Apt -cement Conine: lor the follow ng componenis
35.025.61
35.025 61 V
App.leationXtender
\dents !deform
Includes additional three lion AX Seats added .n 2007
1enn: 01'01,2008 - 12'31'2008
C its: 1ax
2.00°0
7113.51
Counts Fax
1.25%
437.82
Slate S. ales Vas
6.00%
2.1:11.54
INVOICE TOTAL
$38.265 48
Please shots .11 in °ice number or sour check. A l'IN.ANt CHARGE of .50,0 IlSfo pe- annum) ma) be chargeable :tiler 30 days
Finance & Internal Services Director Budget Manager: 11 Manager
Dispatch Manager Utilities Manager Othei.
Revised 6;17/02
...Special Instructions
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Scott Huddleston
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Annual Maintenance Fees
'Description
Quairn
IVelidor Name:
'Dynamic Info Solutions, Inc
City Of Fayetteville
(Not a Purchase Order)
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Account Numbers
Requester's Employee #:
331
Zip Code:
72211
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Subtotal
T $35,025.61
Tax. $3,239.87
Total 538,265.48
Project/Subproject #
ExtenSter
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'Date:
2/15/2008
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—
(3.12-08).Clince Peirman.:Ics. le 1
From: Clarice Pearman
To: Huddleston, Scott
Date: 3.12.08 12:00 PM
Subject: Res. 44-08
Attachments: 44-08 Dynamic Information Solutions Co.pdf
CC: Audit
Scan:
Attached is a copy of the above resolution regarding Dynamic. I will forward to Purchasing your requisition. Also I will
forward to you via inter office mail one of two agreements Please feel to contact me if there is anything else needed for
this item. Have a good day.
Thanks.
Clarice
ftpliwww.arkleg.state.ar.uslacts/20071public/Act17970F2003.pdf 3.11.08
-(371-2 08) Deice PearMarr-Fwd: Res. 44-08._. Page 1
From: Clarice Pearman
To: Vice, Peggy
Date: 3.12.08 12:08 PM
Subject: Fwd: Res. 44-08
Attachments: 44-08 Dynamic Information Solutions Co.pdf
Peggy:
Sorry. 1 forgot to cc. you the resolution. Have a good day.
> » Clarice Pearman 3.12.08 12:00 PM > »
Scott:
Attached is a copy of the above resolubon regarcing Dynamic. : wil forward to Purcmasing your requisition. Also 1 will forward to
you via inter office mall one of two agreements. Please feel to contact rie is there is anything else needed `or this tem. Have a
good day.
marks.
dance