HomeMy WebLinkAbout146-10 RESOLUTIONRESOLUTION NO. 146-10
A RESOLUTION APPROVING RFP #10-06 AND AUTHORIZING A
CONTRACT WITH NOVATIME TECHNOLOGY, INC. IN THE AMOUNT
OF $119,483.19 PLUS APPLICABLE SALES TAX AND SHIPPING NOT TO
EXCEED $11,552.20 AND A PROJECT CONTINGENCY OF 15% FOR THE
PURCHASE OF AN ELECTRONIC EMPLOYEE TIME KEEPING 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
RFP #10-06 and authorizes a contract, a copy of which is attached as Exhibit "A," with
NOVAtime Technology, Inc. in the amount of $119,483.19 plus applicable sales tax and
shipping not to exceed $11,552.20 and a project contingency of fifteen percent (15%) for the
purchase of an electronic employee time keeping system.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED:
By;.
NELD .TJ09'DAN, Mayor
ATTEST:
By: otik-ceii.s-)
SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville
RFP 10-06, Employee Time & Attendance System
Contract
This contract executed this trA day of
, 2010, between the City of Fayetteville, Arkansas, and
NOVAtime Technology, Inc. In consideration of the mutual covenants contained herein, the parties agree as
follows.
WITNESSETH:
WHEREAS, City has previously determined that it has a need for AN EMPLOYEE TIME &
ATTENDANCE SYSTEM; and
WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of
Fayetteville RFP 10-06, Employee Time & Attendance System (herein after referred to as Request for Proposal
or RFP), City has awarded this contract to NOVAtime Technology, Inc.; and
WHEREAS, NOVAtime Technology, Inc. has represented that it is able to satisfactorily provide these
services according to the terms and conditions of the RFP, which are incorporated herein by reference, and the
terms and conditions are contained herein; and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. Services to be Performed: NOVAtime Technology, Inc. hereby agrees to provide the City with AN
EMPLOYEE TIME & ATTENDANCE SYSTEM, as requested and more specifically outlined in the RFP, this
agreement, and all subsequent official documents that form the Contract Documents for this Agreement.
2. Time of Service: Services shall be performed in a timely manner, as specified in the RFP.
3. Term of Agreement: Services performed pursuant to this Contract shall commence upon execution of
this agreement and continue each year for payment of annual maintenance unless canceled or terminated within
thirty (30) days written notice by either party. This option shall be exercised only if all discounts, prices, terms
and conditions remain the same, and approval is granted by the Fayetteville City Council.
4. Amendment of Contract: This Contract may be amended only by mutual agreement of the parties.
5. Assignment and Subcontracting: NOVAtime Technology, Inc. shall perform this contract. No
assignment or subcontracting shall be allowed without the prior written consent of the City. In the event of a
corporate acquisition and/or merger, NOVAtime Technology, Inc. shall provide written notice to the City within
thirty (30) business days of such notice of action or upon the occurrence of said action, whichever occurs first.
The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not
be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are
local, state, or federal laws. Action by the City awarding a proposal to a Proposer, which has
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 1 of 4
disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute
approval for purposes of this Agreement.
6. Cancellation: The City of Fayetteville reserves the right to cancel this Contract, without cause, by
giving thirty (30) days notice to NOVAtime Technology, Inc. of the intent to cancel, or with cause if at any time
NOVAtime Technology, Inc. fails to fulfill or abide by any of the terms or conditions specified.
If the City determines that the System is not functioning as proposed, then NOVAtime Technology, Inc.
will be given thirty (30) days to cure any areas that have not met the expectation of the City; but, if NOVAtime
Technology, Inc. is not able to cure, then CIty may terminate this Agreement by written notice to NOVAtime
Technology, Inc. effective on the 30th day, return all Products (Software and Hardware) and NOVAtime
Technology, Inc. shall refund any Purchase Price Customer paid for the Products.
Failure of the NOVAtime Technology, Inc. to comply with any of the provisions of this contract shall be
considered a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to
cancel and obtain from another source any services which have not been provided within the period of time
stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order or
request, as determined by the City.
In the event that sufficient budgeted funds are not available for a fiscal period, the City shall notify
NOVAtime Technology, Inc. of such occurrence and the Contract shall terminate on the last day of the then
current fiscal period without penalty or expense to the City. The City reserves the right to terminate within the
thirty (30) day notice because of budgetary issues.
In the event the City is unable to implement the time and attendance software within the first year of the
agreement, due to software compatibility or hardware issues though no fault of the City, NOVAtime Technology,
Inc. will refund seventy-five percent (75%) of software costs paid by the City.
7. Compensation: As compensation for NOVAtime Technology, Inc. providing services to the City as
described herein, the City shall pay NOVAtime Technology, Inc. in arrears, based on the submission of invoices
for work completed and properly authorized.
8. Permits & Licenses: NOVAtime Technology, Inc. shall secure and maintain any and all permits and
licenses required to complete this contract.
9. Minimum Insurance Requirements: NOVAtime Technology, Inc. shall maintain insurance in at least
the amounts required in the RFP throughout the term of this contract. NOVAtime Technology, Inc. must provide
a Certificate of Insurance in accordance with the insurance requirements listed within the RFP, evidencing such
coverage prior to issuance of a purchase order or commencement of any work under this contract. NOVAtime
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 2 of 4
Technology, Inc. shall ensure that any subcontractors or persons hired by subcontractors maintain the same level
of insurance coverage as NOVAtime Technology, Inc..
10. Indemnification: NOVAtime Technology, Inc. shall indemnify, pay the cost of defense, including but
not limited to attorneys' fees, and hold harmless the City from all suits, actions or claims of any character
brought on account of any injuries or damages received or sustained by any person, persons, or property by or
from the said NOVAtime Technology, Inc.; or by, or in consequence of any neglect in safeguarding the work; or
on account of any act or omission, neglect or misconduct of NOVAtime Technology, Inc.; or by, or on account
of, any claim or amounts recovered under the Workers' Compensation Law or of any other laws, by-laws,
ordinances, order of decree, except only such injury or damage as shall have been occasioned by the sole
negligence of the City of Fayetteville. The first ten dollars ($10.00) of compensation received by NOVAtime
Technology, Inc. represents specific consideration for this indemnification obligation.
11. Governing Law & Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington
County, Arkansas with Arkansas law applying to the case.
12. Severability: The terms and conditions of this agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination
shall not affect the validity of legality of the remaining terms and conditions, and notwithstanding any such
determination, this agreement shall continue in full force and effect unless the particular clause, term, or
condition held to be illegal or void renders the balance of the agreement impossible to perform.
13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
14. Freedom of Information Act: Documents prepared while performing city contractual work are subject
to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City
of Fayetteville, NOVAtime Technology, Inc. will do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.)
Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
15. Documents Comprising Contract: The contract shall include this Agreement for AN EMPLOYEE TIME
& ATTENDANCE SYSTEM, as well as the following documents, which are incorporated herein by reference.
a. APPENDIX A: City of Fayetteville's Request for Proposal, issued on March 10, 2010 and all
of its attachments including Addendum 1 issued on March 26, 2010 and Addendum 2 issued
on March 31, 2010;
b. APPENDIX B: NOVAtime Technology, Inc. 's Product Purchase & Software License
Agreement, which contains a revised, agreed upon pricing.
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 3 of 4
c. APPENDIX C: NOVAtime Technology, Inc. 's Proposal, including additional information
received and interview documents.
If there is a conflict between the terms of this Agreement and the above referenced documents, the conflict
shall be resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms
of the remaining documents shall be given preference in their above listed order.
WITNESS OUR HANDS THIS c�'n..-DAY OF
2010.
CITY OF FAYETTEVILLE,
F • YETTEVILLE, ARKANSAS
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LIONELD )►rAN, Mayor
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NAME AND TITLE
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City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 4 of 4
NOVAtime
Product Purchase and Software License Agreement
Customer Information
Shipping Information
Company:
City of Fayetteville
Company:
City of Fayetteville
Address:
113 West Mountain, ROOM 306
Fayetteville, AR 72701
Address:
113 West Mountain, ROOM 306
Fayetteville, AR 72701
Contact:
Andrea Foren
Contact:
Andrea Foren
Phone:
(479) 575-8220
Phone:
(479) 575-8220
Email:
aforenna.ci.favetteville.ar.us
Email:
aforen(dci.favetteville.ar.us
Qty Item Number Description
Software
Unit
Total
1 NOVAtime 4000 License Purchase for 850 Employees
$43,945.00
1 -NOVAtime 4000 License Purchase for 850 Timekeepers
Included
1 -NOVAtime 4000 Scheduling
Included
1 -NOVAtime 4000 Leave Management (Accruals)
Included
1 -NOVAtime 4000 Attendance Tracking
Included
1 -Interfaces — NEW WORLD SYSTEMS
Included
1 -NOVAtime Access Control
Included
1 -NOVAtime Expense Reporting
Included
1 NTPhone-IN-DB4 Telephony System - 4 Line
$12,500.00
Software Discount
-$11,765.25
Software TOTAL
$44,679.75
Hardware
3 NT6500FP NOVAtime NT6500 Fingerprint Ethernet PUSH Terminal with RFID reader
$3,418.80
$10,256.40
3 NT6500POEP Power Over Ethernet Package
$369.60
$1,108.80
12 NT380P2 NT380 Fingerprint Ethernet (1,500)
$1,780.02
$21,360.24
Hardware Discount
-$3,272.54
Hardware TOTAL
$29,452.90
Services
Implementation, Project Management Training
$19,500.00
Support:
Software Annual Maintenance — 2 Years
$8,789.00
$17,578.00
Telephony -4 Line Board — 2 Years
$2,500.00
$5,000.00
Hardware Maintenance — 2 Years
$1,580.83
$3,161.66
Power Over Ethernet Package — 2 Years
$55.44
$110.88
Support - TOTAL 2 Years
$25,850.54
A. Customer agrees to license the above software (the "Software") and to
purchase the above associated hardware (the "Hardware") and services, as described
further herein (the Software and the Hardware are collectively referred to herein as the
"Products").
Sub Total
$119,483.19
B. Customer agrees that purchases and/or licenses of the Products, support and
maintenance for the Products, and training in the use and operation of the Products are
governed by the NOVATIME, Terms & Conditions attached hereto.
Shipping & Handling
TBD
C. Customer agrees that this Quote is valid through 06/30/2010
Sales Tax
TBD
Total Purchase Price
$119,483.19
Initial Installment
$59,741.59
Purchase Price Balance
$59,741.59
Customer acknowledges and agrees that this Agreement shall not be binding on NOVAtime Technology, Inc. ("NOVAtime") until
signed by NOVAtime and delivered to Customer. This Agreement is the entire understanding of the parties with respect to the
purchase of the Products and shall govern in the event any inconsistent terms and conditions as s -t forth in any Customer purchase
order, confirmation, or memorandum, unless NOVAtime signs such document.
NOVATIME TECHNOLO . , INC
By:
Name:
Title:
Date:
t)e p✓/ PtrotiCtn
CUSTOMER:
By:
Name:
Title: i24 art, v'
Date: 7/ 9//
Terms & Conditions
Article I — Terms of Sale
1. Corporate Approval. All orders are subject to the approval of the NOVAtime Technology Inc. ("NOVAtime") Corporate Office in
California and are non -cancelable.
2. Terms of Payment. Fifty percent (50%) of the Purchase Price shall be paid at the time Customer signs this Agreement. The
remaining balance of the Purchase Price Balance shall be due within 30 days of the Products shipping date or 30 days after
installation of the Products, or, in any event, no later than 90 days from the date of this Agreement executed by both Customer
and NOVAtime.
3. Title and Delivery.
a. All products will be delivered by NOVAtime F.O.B. NOVAtime's warehouse.
b. NOVAtime agrees to use commercially reasonable efforts to fill orders placed by Customer in accordance with the
requested delivery schedule for such Products.
c. NOVAtime shall have no liability for delays in delivery due to causes beyond its control.
4. Restrictions on Use of Product. Customer agrees that it will not change, modify, alter, or enhance the Products and shall not
reverse engineer or decompile the object code of the software.
5. Restocking Fee. If any portion or all of the entire Product order is returned to NOVAtime with or without the consent of
NOVAtime, Customer agrees to pay a restocking fee equal to fifteen percent (15%) of the Purchase Price of such Products.
6. Software Set -Up Charges. NOVAtime shall provide software set-up in connection with the Products, at designated Customer's
site(s). These software set-up services are included within the SurePath Implementation, Project Management, Training, &
Setup as listed on page one (1) of this agreement.
7. Warranty. NOVAtime warrants that all NOVAtime software products shall be free from defects in materials and workmanship for a
period of 90 days from the date of installation and all hardware products shall be free of defects for a period of 90 days from date of
purchase (the "Warranty Period"). This warranty is extended to the original Customer only and is subject to all the conditions and
limitations set forth below:
a. Any part or parts found to be defective (except as specifically excluded below) shall be replaced or repaired by NOVAtime,
without charge to the Customer for parts or labor, provided that the Product has been used in accordance with the NOVAtime
manual and has not been subject to abuse or tampering. NOVAtime shall pay for the shipment of the hardware to and from
NOVAtime if the defect is covered by warranty, otherwise Customer shall pay shipment and repair costs.
b. Only NOVAtime may make repairs or replacements under this warranty and will be made only after NOVAtime is notified of the
problem and determines that the problem resulted from defective materials or workmanship covered under this warranty.
c. In the event a defective Product cannot be repaired or replaced and such defect is material to the operation of the Product in
accordance with its specifications, NOVAtime shall refund to Customer the Purchase Price paid by Customer for such
defective Product.
d. THE REMEDIES OF REPAIR, REPLACEMENT OR REFUND SET FORTH HEREIN SHALL BE CUSTOMER'S EXCLUSIVE
REMEDIES IN THE EVENT OF A BREACH OF THIS WARRANTY.
The above Warranty shall not apply to any Products or parts thereof in the event of:
a. Damage, defects or malfunctions resulting from misuse, accident, neglect, tampering unusual physical or electrical stress or
causes other than normal and intended use (including modification or replacement of any NOVAtime components on any
boards supplied with the Products or any use that is inconsistent with any user documentation);
b. Failure of the Customer to provide and maintain a suitable installation environment for the Products;
c. Malfunctions resulting from the use of supplies with the Product not approved by NOVAtime; or
d. Any defect not communicated in writing to NOVAtime prior to the expiration of the Warranty Period.
No representation or other affirmation of fact including, but not limited to, statements regarding capacity, suitability for use or
performance of the Products shall be or deemed to be a warranty or representation by NOVAtime for any purpose or impose any
liability or obligation of NOVAtime whatsoever. Further, this Warranty does not cover or apply to batteries, bar code wands,
bulbs, distribution boxes, Tight bulbs, or third party software contained in, or associated with, the Products. Said items are
provided by NOVAtime to Customer "AS IS" without any condition or warranty.
8. Limitation on Liability. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES, EXPRESSED OR
IMPLIED, BY OPERATION OF LAW OR OTHERWISE, MADE OR AUTHORIZED TO BE MADE REGARDING THE
PRODUCTS FURNISHED HEREUNDER. NOVATIME DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NOVATIME OR ITS AFFILIATES BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR CUSTOMER'S USE OF OR INABILITY TO USE, ANY
PRODUCTS OR SERVICES PROVIDED FOR IN THIS AGREEMENT, EVEN IF NOVATIME HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES ARISE IN AN ACTION AT LAW OR IN EQUITY, FOR
BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, BREACH OF UCC PROVISIONS, NEGLIGENCE
OR INTENTIONAL TORT. FURTHER, NOVATIME SHALL NOT BE LIABLE FOR CUSTOMER'S LOST PROFITS, LOSS OF
BUSINESS OPPORTUNITIES, LOSS OF SAVINGS, OR FOR EXEMPLARY DAMAGES. IN ADDITION, NOVATIME SHALL
NOT BE RESPONSIBLE FOR ANY OBSOLESCENCE OF THE PRODUCTS OR THE SOURCE CODE OF THE SOFTWARE
THAT MAY RESULT FROM CHANGES IN CUSTOMER'S REQUIREMENTS OR FEDERAL, STATE OR LOCAL LAW.
CUSTOMER'S SOLE REMEDY FOR LIABILITY OF ANY KIND INCLUDING NEGLIGENCE AND BREACH OF THIS
AGREEMENT IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT AND THE NOVATIME PRODUCTS, ITEMS
OR SERVICES SOLD HEREUNDER, SHALL BE LIMITED TO THE REMEDIES PROVIDED IN PARAGRAPH 7 ABOVE.
Article II — Software License
1. Software License. In consideration of the payment of the Purchase Price, NOVAtime hereby grants to Customer a nonexclusive,
nontransferable limited license to use the Software (the "License"). If the Software purchased hereunder is embedded in the
Hardware, or designed for installation on a central processing unit, Customer may not use such Software in connection with more
than the number of employees set forth by NOVAtime on page 1 of this Agreement. If the Software is designed for installation on
individual computers, the Software may not be installed on more than the number of computers set forth by NOVAtime on page 1
of this Agreement. Customer acknowledges such Software may not be used in connection with a greater number of employees or
on a greater number of computers without first paying additional fees at NOVAtime's then current rates.
2. Prohibited Acts and Uses. Customer may not use the Software, or any copy, adaptation, transcription, or merged portion thereof,
except as expressly authorized herein. Specifically, without limitation, Customer may not copy, export, publish, disclose to third
parties, change, modify, alter, or enhance the Software or the source code therefore, and may not reverse engineer or decompile
the binary code for the Software. Also, Customer may not copy any written materials (e.g., user documentation) provided with the
Software without the prior approval of NOVAtime. In addition, Customer may not sell, donate, transfer, assign, sublicense or
distribute the Software, or any trade secrets embodied therein, or any derivations or adaptations thereof. In the event any Software
purchased hereunder is separate from the Hardware, Customer agrees that it will not use such Software to process data for third
parties or in a service bureau environment.
3. Additional Restrictions Relating to Third Party Software. Except as expressly permitted by this License, Customer may not modify
or translate any third party software contained in, or associated with, the Products, except as necessary to configure the third party
software using the menus, options and tools provided for such purposes and contained in the third party software. Further, the
prohibited acts and uses set forth in paragraph 2 above apply to Customer's use of the third party software.
4. Proprietary Protection of Software. Customer acknowledges that NOVAtime is the sole and exclusive owner of all right, title, and
interest in and to the NOVAtime Software, the source code for the NOVAtime Software, and any NOVAtime user documentation.
Customer acknowledges that the third party developers are the sole and exclusive owners of all right, title, and interest in and to
the third party software, the source code for the third party software, and any third party user documentation.
5. Other.
a. If Customer violates Article II, NOVAtime, at its discretion, may automatically and immediately terminate Customer's license.
b. The Software (and any copies) is protected by United States copyright and patent laws and international treaty provisions.
c. The parties hereto disclaim the application to this License of the United Nations 1980 Convention on Contracts for the
International Sale of Goods.
d. During the term of this License and for 3 years after termination of the License, Customer shall maintain complete records
regarding Customer's use of the Software. Upon reasonable notice to Customer, NOVAtime and/or a third party developer
may audit, at NOVAtime's or the third party developer's expense (as applicable), Customer's books and records to determine
Customer's compliance hereunder. Third party developers and their suppliers are third party beneficiaries to this License in
connection with Customer's use of third party software. This License is therefore enforceable by third party developers and
their suppliers, in addition to NOVAtime.
e. Customer shall comply with all laws and regulations applicable to the Software, including export, re-export and foreign policy
controls and restrictions, and shall take all necessary actions and precautions to ensure that Customer does not contravene
such laws or regulations.
Article III— Software Support
1. Services Provided by NOVAtime. Provided that Customer has paid the required fee for Software support, NOVAtime shall provide
the following support services in connection with all Software components of the Products purchased hereunder for a period of 1
year following the Warranty Period:
a. Unlimited telephone support for Operators and the Corporate System Administrator of Customer is provided through our
Premium Support option 24 hours a day, 7 days a week.
b. On-line support during normal business hours (Customer is required to have Internet Access).
c. Provision to Customer at no additional charge of all Software updates and new versions applicable to the installed modules.
2. Customer Obligation. Customer agrees to provide to NOVAtime direct access to the NOVAtime database and related
application(s) upon notification from NOVAtime that such access is necessary. Customer also agrees to provide server and
operating environment that meet or exceed NOVAtime's minimum required operating configuration(s).
3. Limitation on Support Obligation. This Article III shall not cover, and NOVAtime's support obligations shall not apply to, problems
resulting from:
a. Fire, flood, or other catastrophe, accident, neglect, misuse or negligence;
b. Modification of the Product(s) by Customer or any third party;
c. Computer hardware failure;
d. Custom software modifications; or
e. Any problem for which a Customer has not paid the Software support fee prior to the occurrence of such problem.
4. Renewal Option. NOVAtime shall continue to provide the Software support services described in this Article 111 and Customer shall
pay for such services at the rate and time duration as listed on Page 1 of this Agreement for the Products being supported, for
successive 1 year periods, unless Customer notifies NOVAtime in writing more than 30 days prior to the end of the last year of
software support (or of each succeeding anniversary date thereafter) that Customer does not wish for NOVAtime to continue
providing such services.
Article IV — Hardware Maintenance
1. Services Provided by NOVAtime. Provided that Customer has paid the fee for hardware maintenance services and depending on
the plan selected by Customer (i.e., "Gold Plan" or "Bronze Plan"), NOVAtime shall provide to Customer the services described in
this Article IV, at no additional cost to Customer, in connection with all Hardware components of the Products purchased hereunder
for a period of 1 year following the Warranty Period. Upon notification by Customer of any failure of a Hardware component of a
Product during the 1 year period following the expiration of the Warranty Period, NOVAtime will repair or replace such Hardware in
accordance with the procedure set forth herein. Upon such notification, NOVAtime shall issue return authorization to Customer, if
required. NOVAtime will provide all parts necessary to repair the Hardware (excluding batteries, bar code wands, bell relays,
power supplies, or distribution boxes), as well as the services and labor, at no charge to Customer. Customer shall ship, at its own
expense, the Hardware to be repaired to: NOVAtime Technology, Inc. 1255 Corporate Center Drive, Monterey Park, CA 91754.
2. Replacement/Loaner Equipment. A Customer who is a "Gold Plan" participant will have replacement or loaner equipment that is
configured for Customer's installation ("Loaner Equipment") shipped to Customer within 1 day of Customer's notification (if received
by NOVAtime prior to 1:00 Pacific Time) pursuant to paragraph 1 above for Customer's use during the period that the Hardware is
being serviced by NOVAtime. Upon receipt of the Loaner Equipment, Customer shall ship the Hardware to be repaired to
NOVAtime. A Customer who is a "Bronze Plan" participant shall not be entitled to receive Loaner Equipment from NOVAtime.
NOVAtime shall return the repaired Hardware Product to such Customer as soon as repairs are completed, at no charge to
Customer. Customer acknowledges that there is no guaranteed turnaround time for repairs made under either plan.
3. Repair / Catastrophic Damage. Upon receipt of the Hardware to be repaired from a Customer who is a "Gold Plan" participant, and
unless the damage to the Hardware is considered catastrophic, NOVAtime shall repair the Hardware and return it to Customer, at
which time Customer shall (if applicable) ship the Loaner Equipment back to NOVAtime, at NOVAtime's cost. However, if
NOVAtime considers the damage to the Hardware to be catastrophic, NOVAtime reserves the right to permanently replace the
Hardware with the Loaner Equipment. If NOVAtime determines that a "Bronze Plan" participant's Hardware has catastrophic
damage, Customer will be notified and given the opportunity to purchase a new piece of Hardware.
4. Limitation on Maintenance Obligation. This Article IV shall not cover Hardware failures resulting from fire, flood, lightning or other
catastrophe, accident, neglect, theft, intentional act, misuse or negligence. Further, this Article IV shall not cover Hardware failures
resulting from modification or misuse of the Hardware by the Customer or any third party.
5. Renewal Option. NOVAtime shall continue to provide the hardware maintenance services described in this Article V and Customer
shall pay for such services at NOVAtime's then -current list prices for such maintenance services for successive 1 year periods,
unless Customer notifies NOVAtime in writing more than 30 days prior to the end of the initial year of Hardware support (or of each
succeeding anniversary date thereafter) that Customer does not wish for NOVAtime to continue providing such services.
Customer may upgrade its Hardware support to the "Gold Plan" upon notice to NOVAtime more than 30 days prior to any such
anniversary date, provided that the increased benefits shall apply only to damage occurring after such anniversary date.
Article V- Training
1. Required Training. Within 10 days after the Installation Date, NOVAtime shall provide training in the basic day-to-day operation
and maintenance of the Products to the Customer on the terms and conditions described in this paragraph 1. NOVAtime shall
determine the training curriculum in its exclusive discretion. Representatives of NOVAtime shall provide the training at Customer's
facilities. Customer shall be responsible for making available facilities and equipment sufficient, in NOVAtime's reasonable
discretion, for the training.
i. 1 Corporate System Administrator designated by the Customer who shall be responsible for supervising the smooth
operation of the Products (including database maintenance and establishment of backup procedures); and
ii. Other employees who will be operating the Product on a regular basis (the "Operators").
Customer is responsible for selecting Operators who are qualified to operate the Products on Customer's equipment. NOVAtime
reserves the right to refuse assistance, or to charge additional fees, if an Operator seeks assistance on basic background
information or any other matters not directly related to the operation of the Product or the training to be provided pursuant to this
Article V.
2. Optional Training. At Customer's request, and at such time as NOVAtime and Customer shall mutually agree, NOVAtime will
provide additional training to employees or agents of Customer at no additional charge.
Article VI - Miscellaneous
1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
2. Modification. No modification of this Agreement shall be binding unless it is in writing and signed by an authorized representative
of the party against whom enforcement of the modification is sought.
3. Notice. Any notice required or permitted under this Agreement shall be in writing and delivered in person or sent by Certified Mail,
Return Receipt Requested, with proper postage affixed.
4. Invalidity. In the event that any of the terms of this Agreement is or becomes or is declared to be invalid or void by any Court or
tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and
all the remaining terms of this Agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, along with the attached Proposal is the complete statement of NOVAtime's obligations and
responsibilities to Customer and supersedes any other representation or communication by or on behalf of NOVAtime regarding
this subject matter.
6. Attorneys' Fees. In the event any litigation or arbitration between the parties arises out of or results in connection with this
Agreement, the prevailing party in such proceeding shall be entitled to recover from the other party its reasonable attorneys' fees
and expenses, including appellate proceedings or post -judgment collection proceedings.
7. Currency. All monetary amounts referenced herein are U.S. Dollars.
8. Jurisdiction & Venue. The parties hereto submit to the jurisdiction of California courts and federal courts located in California. The
parties agree that exclusive venue for any suit concerning this Agreement shall be Los Angeles County, CA.
ADDENDUM TO NOVAtime AGREEMENT
This Addendum to NOVAtime Agreement (this "Addendum") is entered into as of
by and between NOVAtime Technology Inc. and Fayetteville, AR ("Customer") and amends the NOVAtime Agreement entered into by
and between NOVAtime and Customer dated . Except as expressly set forth herein, the NOVAtime
Agreement remains in full force and effect without amendment or modification.
Article 1, Number 2, Terms of Payment, shall now read:
50% deposit ($59,741.60) due upon execution of agreement
25% of the contract value ($29,870.80) due 90 days from contract signature due Net 30 from invoice
Remaining 25% of the contract value ($29,870.80) due 180 days from contract signature
Shipping, handling, applicable taxes will be billed separately
Add-on orders shipped and invoiced net 30 upon receipt of signed order
Article 1, Number 3, Title and Delivery
FOB City of Fayetteville
Article III -Software Support:
Add: "NOVAtime guarantees a thirty (30) minute response time for Customer phone calls to our Client Support
Team. Should Customer's dedicated support representative (or another NOVAtime Client Support Team
member) not return Customer's call to begin resolution within thirty (30) minutes, NOVAtime will issue
a credit for the current month's annual maintenance fee. In no case shall NOVAtime credit more than one
month's annual maintenance fee in any given month".
Article VI — Miscellaneous
Add: Number 9:
"NOVAtime guarantees that it will not be acquired by a competitor. In the event that NOVAtime is
acquired by a competitor Customer, at its sole discretion, may choose to discontinue use of the Products
(including Hardware and Software) and return all Products for a full refund of the Purchase Price.
NOVAtime will notify Customer of any such Acquisition within 30 days of the Acquisition. Customer must
notify NOVAtime of Customer's intent to return the Products for refund within 30 days of NOVAtime's
notification. Customer must return Products within 12 months of the notification from NOVAtime".
Number 1 and Number 8 is amended by Governing Law, Jurisdiction and Venue.
"The parties agree to submit to the exclusive jurisdiction of the courts in Washington County, AR. The
Agreement shall be governed by the law of the State of Arkansas.
IN WITNESS WHEREOF, the parties have executed this Addendum to NOVAtime Agreement effective as of the date first set
forth above.
NOVAtime Technology Inc
By:
Name:
Title: Virg V Op.2rw" -ibvt
CUSTOMER
B
Name:4•t,M di rPd44...,
Title: 37
Paul Becker
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/3/2010
City Council Meeting Date
Agenda Items Only
Finance
Division
Action Required:
Finance
Department
A resolution awarding RFP 10-06 with. NOVAtime Technology, Inc. in the amount of $119,483.19 plus applicable sales
tax and shipping not to exceed $11,552.20 for a total cost of 131,035.39, and a project contingency of fifteen percent
(15%) for additional collection devices and other related equipment.
131,035.39
Cost of this request
4470-9470-5801.00
Account Number
08025
Project Number
Budgeted Item
X
165, 000.00
Category / Project Budget
$
Time and Attendance
Program Category / Project Name
Funds Used to Date Program / Project Category Name
165,000.00 Sales Tax Capital Improvement
Remaining Balance - Fund Name'
Budget Adjustment Attached
Departme ' • or
City � y
Date
Date
7 - 20 -too
Finance and Internal Services Director Date
1" Al 0
Date
Da e
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Ci '7-1 6-10 P03 : 12 RCVD
Clerk's Office
Comments:
Revised January 15, 2009
f<e)v i Seel.
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS,;,
www► accessfayetteville oirg
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and the City Council
Thru: Paul A Becker, Director of Finance
From: Patricia Leach, Accounting Manager Payroll
Scott Huddleston, Information Technology Director
Missy Leflar, Human Resources Director
Date: July 16, 2010
Subject: Approval of Contract with NOVAtime for Time and Attendance Software
PROPOSAL: The City currently processes payroll for 763 employees utilizing manual timesheets and payroll
summaries to gather the hours worked by these employees. Thirty-one employees have the additional "timekeeper"
responsibility of gathering and organizing the timesheets and entering them into payroll summaries which are then entered
into the payroll software. The process of gathering, organizing, entering and reentering this data takes numerous staff
hours each payroll. Implementation of an electronic timekeeping system will reduce errors, reduce workload, as time will
be maintained electronically and imported into the payroll system, and will provide reporting necessary for compliance
with the Family and Medical Leave Act and Fair Labor Standards Act along with an extensive list of other efficiencies
that the City will gain. An electronic attendance system will also be of great assistance to Human Resourcesstaff in the
analysis of situations where supervisors propose disciplinary actions involving absences, as it will provide accurate, solid
documentation concerning legally protected and excused absences. Currently each Division has its own formal or
informal system of keeping track of absences.
RECOMMENDATION: Staff recommends approval of contract with NOVAtime in the amount of $119,483.19 plus
applicable sales taxes and shipping & handling for a total cost of $131,035.39. Staff also recommends the approval of a
fifteen (15) percent contingency to cover the cost of additional collection devices and related expenses if needed.
BUDGET IMPACT: This project is included in the CIP budget. The total cost for this project is not to exceed
$165,000.00. The attached contract with NOVAtime in the amount of $119,483.19 includes the following:
Software:
Implementation & Training:
Hardware (15 biometric clocks)
2 Yr. Support (software, telephony, & hardware)
Contract Total
Sales Tax and Shipping & Handling
Grand Total
44,679.75
19,500.00
29,452.90
25,850.54
119,483.19
11,552.20
$ 131,035.39
There will be additional costs associated with this project, such as additional collection devices and related IT expenses,
which, when combined, will not exceed the budgeted maximum amount of $165,000.00. A fifteen (15) percent
contingency is proposed for these additional costs. Annual software and hardware maintenance costs for the first two (2)
years is included in the amount of $25,850.54. After the second year, annual software and hardware maintenance will not
exceed a five (5) percent increase per year based on contracted items.
RESOLUTION NO.
A RESOLUTION APPROVING RFP #10-06 AND AUTHORIZING A
CONTRACT WITH NOVATIME TECHNOLOGY, INC. IN THE AMOUNT
OF $119,483.19 PLUS APPLICABLE SALES TAX AND SHIPPING NOT TO
EXCEED $11,552.20 AND A PROJECT CONTINGENCY OF 15% FOR THE
PURCHASE OF AN ELECTRONIC EMPLOYEE TIME KEEPING 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
RFP #10-06 and authorizes a contract, a copy of which is attached as Exhibit "A," with
NOVAtime Technology, Inc. in the amount of $119,483.19 plus applicable sales tax and
shipping not to exceed $11,552.20 and a project contingency of fifteen percent (15%) for the
purchase of an electronic employee time keeping system.
PASSED and APPROVED this 3rd day of August, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City Of Fayetteville - Purchase Order (PO) Request
(Not a Purchase: Order)
All purchases under $2500 shall be used on a P -Card unless medical or 1099 service -related. (Call x256 with questions)
All PO Request shall be scanned to the Purchasing e-mail: Purchasing.@ci.fayetteville.ar.us
requisition No.:
uate:
7/26/2010
P.O Number:
'Expected Delivery Date:
Vendor #:
New Vendor
Vendor Name:
Novatime Technology
Inc.
Mail
Yes:_ No:_
Address:
Fob Point:
Taxable
Yes:_ No:
Quotes Attached
Yes: No:
City:
State:
Zip Code:
Ship to code:
Divison Head Approval:
Requester:
Paul Becker
Requester's Employee #:
2829
Extension:
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Numbers
Project/Subproject #
Inventory #
Fixed Asset #
1
2
3
4
5
6
7
8
9
10
NOVAtime 4000 Software
1
44,679.75
$44,679.75
4470-9470-5801.00
08025-1
NOVAtime Hardware
1
29,452.90
$29,452.90
4470-9470-5210.00
08025-1
Inplementation
1
19,500.00
$19,500.00
4470-9470-5801.00
08025-1
2 Year Hardware and
Software Maintenance
1
25,850.54
$25,850.54
4470-9470-5416.00
08025-1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Shipping/Handling
1
Lot
500.00
$500.00
Special Instructions:
Subtotal:
Tax:
Total:
$119,983.19
$11,052.20
$131,035.39
Approvals:
Mayor:
Finance
Dispatch
Dp {� .
LS Q•
Department Director:
Budget Manager:
Utilities Manager:
Purchasing Manager:
& Internal Services Director
Manager:
IT Manager:
Other:
Revised 1/2/2008
evi
1500 shall be used on a P ,Cartl unless me kcal or.1099 semcerelated eq. x256 with questions)
equestshall,bescanneal to the.Purchasing.e-main`Purchasing@ci.fayetteville.ar.us
Requisition No.:
P.O Number:
Date:
7/26/2010
Expected Delivery Date:
Vendor#:
New Vendor
Vendor. Name:
Novatime Technology, Inc.
Mail
Yes:
No:
Address:
Fob Point:
Taxable
Yes:
No:
Quotes Attached
Yes:
No:
City:
State:
Zip Code:
Ship to code:
Divison Head Approval:
Requester:
Paul Becker
Requester s Employee #:
2829
Item
1
2
3
4
5
6
7
8
9
10
Description
NOVAtime 4000 Software
NOVAtime Hardware
Inplementation and Training
2 Year Hardware and
Software Maintenance
Shipping/Handling
Quantity
1
1
1
1
Unit of Issue
Unit Cost
44,679.75
29,452.90
19,500.00
25,850.54
E ended Cost
,679.75
$29, 52.90
$19,50 ; .00
$25,850.5
Account Numbers
4470-9470-5801.00
4470-9470-5801.00
4470-947 :01.00
4470-9470-5801.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1 Lot 500.00 $500.00
Extension:
Project/Sub r c t # Inventory #
08025-1
08025-1
08025-1
08025-1
Fixed Asset #
Special Instructions:
Approvals:
Mayor:
Finance & Internal Services Director:
Dispatch Manager:
Department Director:
Budget Manager:
Utilities Manager:
_ Subtotal:
--E0,...(
9 Drax:
$119,983.19
$11,052.20
$131,035.39
Purchasing Manager:
IT Manager:
Other:
Revised 1/2/2008
RFP (REQUEST FOR PROPOSAL)
pp.& di)(
-No ' ;cyw(v es f;elvireci
.jnf rma-fro i Onto)
City of Fayetteville, Arkansas
Purchasing Division - Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: (479) 575-8289
REQUEST FOR PROPOSAL: RFP 10-06, Employee Time & Attendance System
DEADLINE: Friday, April 02, at 2:00 PM, Central Standard Time
DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, aforen@ci.fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Wednesday, March 10, 2010
REQUEST FOR PROPOSAL
RFP 10-06, EMPLOYEE TIME & ATTENDANCE SYSTEM
No late proposals will be accepted. RFP's shall be submitted in sealed envelopes labeled "RFP 10-06,
Employee Time & Attendance System" with the name and address of the bidder.
All Proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated
herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of
this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City
Purchasing Manager.
Name of Firm:
Contact Person: Title:
E -Mail: Phone:
Business Address:
City: State: Zip:
Signature: Date:
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 1 of 21
City of Fayetteville
RFP 10-06, Employee Time & Attendance System
Advertisement
The City of Fayetteville, Arkansas, invites qualified vendors to submit responses to its Request for Proposal
(RFP) to furnish an Employee Time and Attendance System. Proposals are to include: 1) Pricing for a one time
purchase of a turn key software package; and 2) pricing for a renewable maintenance, support and upgrade
contract.
To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing —
Room 306, 113 West Mountain, Fayetteville, Arkansas before Friday, April 02, 2010 at 2:00 PM, Central
Standard Time. No late proposals shall be accepted.
Proposal forms may be downloaded from the City's web site at http://www.accessfavetteville.org. All questions
regarding the RFP process should be directed to Andrea Foren at aforen(a�ci.fayetteville.ar.us or (479)575-
8220.
Proposers shall be qualified to do business and licensed in accordance with all applicable laws of the state and
local governments where the project is located.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and
women business enterprises to propose and receives contracts for goods, services, and construction. Also,
City of Fayetteville encourages all prospective Proposers to subcontract portions of their contract to qualified
small, minority, and women business enterprises.
The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and
all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for
any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any
recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in
response to this invitation shall constitute an agreement of the Proposer to these conditions.
CITY OF FAYETTEVILLE
By: Andrea Foren, CPPB
Title: Purchasing Agent
Ad date: 03/10/2010
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 2 of 21
City of Fayetteville
RFP 10-06, Employee Time & Attendance System
Terms and Conditions
1. All proposals shall be submitted in a sealed envelope and must be submitted on forms required by the
City of Fayetteville Purchasing website (www.accessfavetteville.orq). Proposals with missing pages or
missing any requested attachment are subject to being deemed incomplete.
2. The project number shall be stated on the face of the sealed envelope.
3. Proposals received after the date and time set for receiving bids will not be considered.
4. The City reserves the right to accept or reject any or all proposals, waive formalities, and make an
award deemed to be in the best interest of the City.
5. Proposer is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations
which in any manner affect those engaged or employed in the Work, or the materials or equipment
used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any
way serve to modify the provisions of the contract. No representations shall be binding unless
embodied in the contract.
6. All products and services delivered shall com ply with applicable standards of quality.
7. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales tax is not to be included in the bid price. Applicable
Arkansas sales tax laws will apply when necessary but will not be considered in award of this project.
8. Each Proposer should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
9. When applicable, a copy of the warranty shall accompany the bid, and any exceptions to the warranty
shall be clearly noted on the bid form. Written warranties shall specify the greater of the manufacturer's
standard warranty or the minimum warranty specified herein by the City.
10. Proposers must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by
the Proposer.
11. The City reserves the right to request any additional information it deems necessary from any or all
Proposers after the submission deadline.
12. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does
it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's
own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal
is accepted.
13. If products, components, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 3 of 21
14. Proposals must be received by mail or hand delivery in the Purchasing Office, Room 306, 113 W.
Mountain St. Fayetteville, AR 72701, on or before the time of closing listed on the face of these
proposal documents. No bids shall be accepted via e-mail or fax.
15. The City will not be responsible for misdirected bids. Vendors should call the Purchasing Office at
(479) 575-8220 to ensure receipt of their bid documents prior to opening time and date listed on the bid
form.
16. Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level
of quality for this project. Brands or manufacturers that are included in bid that are of at least equal
quality, size, design, and specification as to what has been specified, will be acceptable for
consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville
reserves the right to accept or rej ect any requested equal.
17. Price bid shall include warranty, including but not limited to parts and labor, at no additional cost to the
City of Fayetteville, as specified herein.
18. NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via
telephone (479.575.8220) or e-mail ( aforena_ci.favettevilie.ar.us ). It is the intent and goal of the
City of Fayetteville Purchasing Division to provide documents providing a clear and accurate
understanding of the scope of work to be completed and/or goods to be provided. We
encourage all interested parties to ask questions to enable all bidders to be on equal bidding
terms.
19. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforen(a�ci.favetteville.ar.us) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
20. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods, services,
and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of
their contract to qualified small, minority and women business enterprises."
21. ANY EXCEPTION TAKEN TO THESE SPECIFICATIONS AND BID DOCUMENTS SHALL BE
NOTED ON THESE DOCUMENTS. BIDDERS SHALL NOTE THE DIFFERENCE NEXT TO THE
RELATED SPECIFICATION. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT
EXCEPTIONS TO SPECIFICATIONS.
22. Awarded vendor shall submit invoices regularly. Payment terms shall be net 30 from date of invoice.
23. All contract amendments and modifications shall be made in writing and properly approved by the City
of Fayetteville Mayor and City Council.
24. Any conditions or expectation on the part of the Proposer for performance by the City must be set forth
in the proposal. The City is not obligated to consider the Proposer's post submittal terms and
conditions.
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 4 of 21
25. At the discretion of the City, one or more firms may be asked for more detailed information before final
ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit an
"Authorized Negotiator Form" containing the signature of a duly authorized officer or agent of the
Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the
amounts and terms proposed.
26. Any information provided herein is intended to assist the Proposer in the preparation of proposals
necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data.
27. ***AII Proposers are required to submit fifteen (15) originals of the proposal. In addition, one (1)
electronic copy of all submitted documents shall be submitted on a properly labeled CD. The
use of Adobe (PDF) is highly recommended but not mandatory. All electronic copies shall be
compatible with Adobe and Microsoft Windows applications.
28. The Proposer is advised to examine all documents and current parameters of the services in becoming
fully informed as to their conditions. This includes the conformity with specific standards and the
character, quality and quantity of the reports and services required. Failure to examine these areas will
not relieve the successful Proposer of his obligation to furnish all deliverables and services necessary to
carry out the provisions of the contract.
29. The City of Fayetteville will consider the degree to which each Proposer has submitted a complete
proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless
specifically requested in the RFP.
30. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
31. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful Proposer
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
32. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the
services shall apply to the contract throughout, and they will be deemed to be included in the contract
as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of
all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in
any manner affecting those engaged or employed in providing these services or in any way affecting
the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction
or authority over same. If any discrepancy or inconsistency should be discovered in these Contract
Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation,
order or decree, s/he shall herew ith report the same in writing to City of Fayetteville.
33. Attachment A — "City of Fayetteville Policy and Procedure HR -09: Timesheets, Hours of Work, and
Absences" is hereby made part of this RFP. Solutions proposed by vendors shall support this policy.
City of Fayetteville, AR
RFP 10-06, Employee Time & Attendance System
Page 5 of 21