HomeMy WebLinkAbout108-14 RESOLUTIONRESOLUTION NO. 108-14
A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MASTER
SERVICE AGREEMENT WITH THE STATE OF ARKANSAS
DEPARTMENT OF INFORMATION SYSTEMS IN THE AMOUNT OF
$52,000.00 FOR DATABASE ADMINISTRATION SERVICES FOR THE
REMAINDER OF 2014, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $8,000.00, AND TO APPROVE A BUDGET ADUSTMENT
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 authorizes
the Mayor to sign a master service agreement with the State of Arkansas Department of
Information Systems in the amount of $52,000.00 for database administration services for the
remainder of 2014 and further approves a project contingency in the amount of $8,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 3`d day of June, 2014.
APPROVED:
ATTEST:
By'
IJ
By:
LI NELD AN, Mayor
SONDRA E. SMITH, City C, OW'!tgas} er
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Information Technology Adjustment Number
2014 Dept.: Finance & Internal Services
Requestor: Dale Vanderford
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
$60,000 in the Contract Services account for the outsouring of Database services. $60,000 in Personnel Services due to
the vacancy of the Database Administrator position.
COUNCIL DATE: 6/3/2014
LEGISTAR FILE ID#: 2014-0228
KP,vGwSpr6nger
VW2014 1:52 -PM
Budget Director Date
TYPE:
DESCRIPTION:
I GLDATE:
RESOLUTION/ORDINANCE POSTED:
v.20140428
TOTAL - -
increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub AT Account Name
1010.1710.5315.00 60,000 - EX Contract Services
1010.1710.5100.00 (55,952) - EX Salaries & Wages
1010.1710.5105.00 (4,048) - EX FICA Taxes
C:\Users\mhertweck\AppData\Roaming\L5\Temp\62e58e55-798a-4bf1-b009-OOa775e8e29b 1 of 1
City of Fayetteville Item Review Form
Dale Vanderford
Submitted By
2014-0228
Legistar File Number
6/3/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
IT
Department
A resolution to approve a master service agreement with the Department of Information Systems
with the State of Arkansas to provide database administration services and approval of a budget
adjustment.
Does this item have a cost? Yes
$60,000.00
Cost of this request
1010.1710.5315.00
Account Number
Project Number
Budgeted Item? YeS
$46,650.00
Category or Project Budget
$7,650.00
Funds Used to Date
-$21,000.00
Remaining Balance
Budget Adjustment Attached? YeS
Program or Project Name
Program or Project Category
General
Fund Name
V20130812
5 ou
Previous Ordinance or Resolution # I E® 4
Original Contract Number:
Comments:
�3.�s-1�-7-0IY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Lioneld Jordan and Fayetteville City Council
Thru: Don Marr, Chief of Staff
FROM: Dale Vanderford, IT Project Manager
DATE: May 15, 2014
SUBJECT: Resolution to contract with the State of Arkansas for contract Database
Administration staffing
Background:
A position for Database Administration was approved as part of this year's budget, but
due to the lack of qualified candidates with the specialized skills that are required, we
have been unable to fill it with a qualified candidate. During the first 5 months of this year,
the urgency of some of the projects that were to be assigned to this position have grown
to be critical in nature. We are looking to complete some of the projects that this position
was slated to complete this year by partnering with the State of Arkansas to provide us
use of their competitively bid contract for temporary technical staffing. The chosen
contractor will then be utilized for six months to complete the database projects that were
approved for this year, as well as to create a new database environment comprised of
best practice methodologies to prepare for the hiring of a permanent staff member without
the pressure of incomplete critical projects factoring into the decision.
Recommendation:
It is recommended that the attached budget amendment be approved so that planned
work can commence in the fiscal year 2014.
Budget Impact:
The contract amount of $52,000 project and $8,000 contingency is budgeted in the IT
division and will be funded through salary savings in the budgeted Database
Administrator position.
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MASTER
SERVICE AGREEMENT WITH THE STATE OF ARKANSAS
DEPARTMENT OF INFORMATION SYSTEMS IN THE AMOUNT OF
$52,000.00 FOR DATABASE ADMINISTRATION SERVICES FOR THE
REMAINDER OF 2014, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $8,000.00, AND TO APPROVE A BUDGET ADUSTMENT
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 authorizes
the Mayor to sign a master service agreement with the State of Arkansas Department of
Information Systems in the amount of $52,000.00 for database administration services for the
remainder of 2014 and further approves a project contingency in the amount of $8,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 3rd day of June, 2014.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Claire Bailey
De o�eot of lofoc�ofio� S steps p Director Y Mike Beebe
Arkansas. A State of Technology. Governor
MASTER SERVICE AGREEMENT
Master Service Agreement #:
AASIS Business Area #:
Term End Date:
0517
Automatic renewal per
Biennium
Customer:
City of Fayetteville
Address:
113 West Mountain Street
Fayetteville, Arkansas, 72701
PLEASE DESIGNATE CUSTOMER AGENCY CONTACT INFORMATION BELOW:
Customer Contact Person:
Title: IT Project Manager
Email Address: dvanderford@fayetteville-ar.gov
Phone Number: : 479-973-4834
For questions concerning this Master Service Agreement, please contact:
DIS Contact Person: Mary McCoy, DIS Contracts Administrator
Email: DIS.Contracts(d,)arkansas.gov or marYmccoy(Qarkansas.gov
Fax Number: 501-682-4310
MSA # «MSA_Prefix»
DIS-25B
Page 1 of 11
One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.dis.state.anus d; `
�v
I. Prelude
The goal of this Master Service Agreement (MSA) is to establish a master set of Terms and Conditions to
govern all services rendered to Customer by the Department of Information Systems (DIS) within the term
of the referenced biennium.
II. DIS Responsibilities
DIS shall be responsible for providing services in compliance with the Terms and Conditions of the MSA
and with any additional Terms and Conditions contained in DIS Service Requests, as signed by all parties
and incorporated herein by reference.
Ill. Customer Responsibilities
Customer shall be responsible for complying with the Terms and Conditions of the MSA. Customer shall
provide and make available appropriate staff members to act as primary contacts pursuant to the notice
provisions contained in the MSA Terms and Conditions.
IV. Term
The contract period will become effective upon execution of the MSA or on July 1, 2009, whichever date
later occurs, and terminates upon the discontinuation of service pursuant to item 9 of the DIS MSA Terms
and Conditions.
V. Amendments
Any amendments to the MSA shall be made in writing and signed by both parties prior to becoming
effective.
MSA # ((MSA—Prefix))
DIS-25B
Page 2 of 11
f
One Capitol Mail I P.O. Box 3155 1 Little Rack, AR 72203 1 phone 501.6822
VI. Estimates Only
All costs for services performed in accordance with Service Requests represent estimates only and are
subject to change. DIS agrees to regularly invoice the Customer for services provided in order that the
Customer may monitor the status of the Project Cost for which the Customer has sole responsibility for
payment. In addition, DIS agrees to make a good faith effort to inform Customer of an increase in the
Cost Estimate at the time it is determined actual costs will exceed the Cost Estimate by 25%. At that time
or before, DIS and Customer shall discuss and agree, in writing, to any additional costs exceeding the
applicable Cost Estimate. In any event, Customer agrees to pay DIS for all services performed by DIS in
accordance with the DIS Rate Schedule including any costs for services performed that exceed the
amount of the initial Cost Estimate.
VII. Termination
The termination provisions set forth in the DIS Master Service Agreement Terms and Conditions attached
hereto and incorporated herein shall govern the MSA.
Vill. Availability of Funds
As a party to the MSA, Customers verifies that funds are legally available to pay DIS for services
performed pursuant to the MSA and DIS Service Requests.
IX. Taxes and Fees
Taxes and fees are not covered under the terms of the MSA and may result in additional charges to
Customer.
X. Public Disclosure
Upon execution of the MSA by all parties, terms of the MSA shall become available to the public pursuant
to the provisions of Ark. Code Ann. § 25-19-101 et seq.
XI. Authority
The MSA shall be governed by the laws of the State of Arkansas.
MSA # ((MSA—Prefix))
DIS-25B Page 3 of 11
One Capitol Mail I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 wwwAs.state.ar us " v ti
In signing the MSA, Customer hereby agrees to all Terms and Conditions set forth herein including
without limitation, DIS Master Service Agreement Terms and Conditions.
Customer
Signature:
Printed Name:
Title:
Date:
MSA # ((MSA—Prefix))
DIS-25B
XII. Signatures
Department of Information Systems
One Capitol Mall
PO Box 3155
Little Rock, AR 72203-3155
Signature:
Printed Name: Claire Bailey
Title: Director
Date:
Page 4 of 11
One Capitol Mall I P.Q. Box 3155 1 Little Rook, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 wwwAls.state.ar us
DIS Master Service Agreement Terms and Conditions
1. INTRODUCTION: As used in this document, the Department of Information Systems hereinafter will
be referred to as "DIS". Any State of Arkansas agency, institution, board, commission, or governmental
entity to which services are provided will hereinafter be referred to as "Customer'. DIS Master Service
Agreement and DIS Service Request(s), hereinafter referred to collectively as "MSA", when signed by the
Customer and DIS, will incorporate DIS Terms and Conditions and become part of the Agreement,
consistent with Arkansas Code Annotated, Section 25, Chapter 4. This Master Service Agreement shall
govern all services rendered to Customer within the term of the referenced biennium. These Terms and
Conditions shall supersede any and all existing agreements between DIS and Customer.
2. DIS SERVICE: The Customer and DIS shall sign an MSA before new DIS Service is initiated. The
MSA must be signed by a person authorized to commit Customer funds. Customer shall be billed upon
provision of DIS Services and Customer shall pay DIS based on DIS Service Rates.
3. CUSTOMER CERTIFICATION: By entering into the MSA, the Customer certifies that appropriations
and funds are available to make payment for the DIS services to be provided.
4. AGREEMENT: Contracts for the provision of DIS services are inter -agency service agreements and
are exempt from the provisions of State Purchasing Law and Regulation. Further, they are not
considered to be Professional Services or Consultant Services Contracts subject to review by the
Department of Finance and Administration (Office of State Procurement) nor are they required to be
submitted to the Arkansas Legislative Council for advice. Agreements shall be effective when signed by
the Customer and accepted by DIS.
5. RATES: DIS Service Rates are developed using generally accepted accounting principles based on
costs of operations and apply to all Customers. Customer will be responsible for all costs incurred
including, but not limited to materials, contract services, labor, and travel time. DIS hourly rates will be
MSA # «MSA_Prefix»
DIS-25B
Page 5 of 11
One Capitol Mail I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 50:L682.4310 I www.dis.state.acus
charged for all hours worked and all preparation and travel time associated with a DIS Service. DIS
hourly labor rates will also be charged for all services provided to Customer during hours which may fall
outside of State normal working business hours (nights, weekends and holidays). DIS periodically
reviews and adjusts the rate structure. The MSA may require an adjustment to reflect any rate change
including Federal Communications Commission or Public Service Commission approved tariffs.
A rate change is subject to the written approval of the Chief Fiscal Officer of the State upon the
written application of the department and review by the Legislative Council in order to effect compliance
with state and federal statutory and regulatory provisions. If rates charged to Customer are increased to
ensure compliance with state and federal statutory and regulatory provisions, DIS will notify Customer
before any changes shall be effected. DIS Rate Schedule will be periodically updated and will be located
at DIS Website http://www.dis.arkansas.gov/list rate.html.
6. AGREEMENT COMPLETION: DIS will notify Customer when the service criteria outlined in the
Agreement has been met (if applicable). Customer shall notify DIS, in writing, if the services rendered are
not compliant with the service criteria outlined in the Agreement. If DIS does not receive written
notification of dissatisfaction from the Customer within thirty (30) working days, DIS obligations regarding
the services rendered, items delivered, or tasks completed will be deemed satisfied.
7. SERVICE DELIVERY: DIS will provide services to meet the service criteria and will adjust the service
if it does not meet the criteria. Customer is responsible for verifying and approving requirements, test
results, and quality acceptance review prior to production status and for notifying DIS in writing within
thirty (30) days if the rendered services are not compliant with the service criteria.
8. CUSTOMER ACCOUNT CODES: DIS will assign unique Customer account codes compatible with
DIS Billing Systems to each Agreement for services requested by the Customer.
MSA # ((MSA—Prefix))
DIS-25B
Page 6 of 11
Y
One Capitol Mal[ I P.O. Sox 3155 I Little Rock, AR 72203 I phone 601.682.2701 I fax 501.682.4310 I www.dis.state.anus
F
a r
9. AGREEMENT CANCELLATION: Agreement(s) may be cancelled by the Customer or DIS upon
provision of thirty (30) days prior written notice, to that effect, which notice is signed by an authorized
representative. Upon receipt of cancellation notice, DIS shall discontinue all work currently in progress
related to the Agreement(s). In the event Customer cancels an Agreement which specifies a duration or
commitment term, amounts due to DIS for the unexpired portion of the term are due and payable upon
cancellation to the extent that DIS has incurred costs on behalf of Customer. However, in the event of
early termination of the Agreement(s), DIS will make best efforts to mitigate damages. Customer will be
liable for actual fees or costs incurred by DIS as a direct result of early termination by Customer of the
Agreement(s).
10. CANCELLATION CONDITION: Customer agrees to pay all charges and costs incurred by DIS
including, but not limited to, equipment, software, license fees, other material and time acquired on behalf
of Customer. DIS is obligated to recoup all unrecovered cost incurred on behalf of Customer. Customer
may be liable for termination charges imposed upon DIS by vendors from service cancellation. If
requested by the Customer within such written cancellation notice, DIS will provide, at the Customer's
expense, a report of the status of the entire Customer's work in progress before discontinuing services.
11. DIS EQUIPMENT: Equipment provided by DIS remains the property of DIS. Customer will provide a
limited access location with dedicated power for the equipment necessary for DIS to provide requested
services. Customer will exercise due care to provide an environmentally controlled facility according to
manufacturer's equipment specifications. Customer assumes responsibility for all DIS equipment while in
the Customer's possession. Customer shall allow DIS reasonable access to equipment. Customer
agrees to obtain DIS authorization in advance of any relocation or movement of such equipment.
12. CUSTOMER PROVIDED EQUIPMENT: Customer shall be responsible for upgrades and related cost
to equipment or software necessary to maintain compatibility with supporting DIS systems.
MSA # «MSA_Prefix»
DIS-25B
Page 7 of 11
One Capitol Mall I P.Q. Sox 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 I wwwAls.state.anus � '
13. DAMAGE TO OR LOSS OF DIS EQUIPMENT: Except for normal wear and tear, Customer shall be
liable for repair charges or replacement costs of DIS equipment or cable damaged due to Customer
negligence, intentional acts, unauthorized installation or maintenance, loss due to theft, or other causes
while in Customer's possession.
14. MAINTENANCE OF EQUIPMENT: DIS will provide maintenance coverage for all equipment and
cable provided in accordance with the MSA through DIS employed technicians or maintenance contracts
between DIS and appropriate vendor(s). Customer is responsible for the maintenance and operation of
Customer equipment or software acquired from sources other than DIS.
15. INVOICES: DIS will provide Customer with monthly invoice(s) for actual services rendered.
Customer agrees to remit payment to DIS within forty-five (45) calendar days following the date of the
invoice(s). DIS may assess interest charges on any past due invoice(s), in accordance with state law.
16. INVOICE DISPUTE: Customer shall notify DIS in writing concerning the details of any disputed
items(s) within forty-five (45) calendar days following the date of the invoice(s). Customer remains
obligated to pay all undisputed portions of the invoice(s) within the same time period.
17. INVOICE NON-PAYMENT: DIS is authorized to discontinue services to a Customer that does not
make a timely remittance of payment for services rendered, and DIS is specifically prohibited from
providing services to a Customer lacking funds or sufficient appropriations to pay for the services.
Furthermore, in accordance with Act 1722 of 2001, DIS may request that the State Chief Fiscal Officer
transfer overdue amounts from user accounts to the DIS revolving fund.
18. DATA: Any data supplied by Customer must adhere to DIS standards and procedures for equipment
and data format. Customer shall provide instructions for disposition of all data and is responsible for
transportation of all data inputs and outputs.
MSA # ((MSA—Prefix))
DIS-25B
Page 8 of 11
One Capitol Mail I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 WWWAis.state.ar.us � � �
19. SYSTEM STANDARDS: Applications or equipment supported by DIS system(s) and network(s) shall
be compatible with acceptable DIS standards and procedures. Customer shall notify DIS of any special
service requirements associated with audit, security, and control prior to initiation of service.
20. SERVICE SECURITY: Customer is responsible for all access to DIS services and equipment at the
Customer's location. Consequences of unauthorized access and activity shall be the Customer's
responsibility.
Customer agrees to adhere to DIS security policies while at DIS locations. DIS access badges
shall be relinquished when the accessing requirement ends.
DIS Security Policy states: "Official Business Use Only — Unauthorized Use or Access is
Prohibited". This system contains governmental information. Only authorized users may access this
system, and any authorized use of the system, network or information contained herein must be related to
the performance of official governmental functions or business. By accessing and using this system you
are consenting to system monitoring for law enforcement and other purposes. Unauthorized use of, or
access to, this computer system may subject you to state and federal criminal prosecution and penalties
as well as civil penalties or both."
21. TOLL FRAUD: Toll Fraud is defined as unauthorized calls made neither by, nor in collusion with,
persons employed or previously employed by the Customer or agents of the Customer, and made by
means of remotely accessing the Basic Customer Telephone System from another location and
breaching the security of that Basic Customer Telephone System. DIS will investigate instances of Toll
Fraud in collaboration with outside sources to the extent possible. Customer will not be liable for Toll
Fraud charges but will be responsible for pursuing legal action attributed to, or resulting from, such Toll
Fraud.
MSA # «MSA_Prefix»
DIS-25B
Page 9 of 11
One Capitol Malt I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.dis.state.ar.us #A 5
22. INTERNAL ABUSE: Other types of unauthorized calls including, but not limited to, direct dialed,
calling card and third party calls related to the Basic Customer Telephone System are classified as
"internal abuse". Internal abuse includes the use of the Customer's public or private long distance
network or personal call forwarding feature during non -business hours to receive personal calls at home.
Any illegitimate authorization code calls will also be deemed internal abuse. These activities are not
regarded as fraud. DIS will assist in the identification of the unauthorized individual committing internal
abuse; however, Customer is liable for all charges incurred and is responsible for initiating any needed
disciplinary or legal actions resulting from such abuse.
23. INFORMATION DISCLOSURE: All programs, files, documentation and other information provided by
the Customer or developed by DIS for the Customer is considered owned by the Customer and will not be
disclosed by DIS except pursuant to court ordered process. Any inquiries regarding Customer -owned
information shall be referred to the Customer. Information relating to the use of DIS provided services by
Customer is the property of DIS and is subject to disclosure in accordance with the Freedom of
Information Act.
24. SERVICE INTERRUPTION: Under disaster conditions, DIS will make every occasioned effort to
restore services as rapidly as possible but will not be responsible for damage or delays in service
occasioned by disaster conditions. For purposes of a Customer's contingency plan in the event of a
disaster, Customer should prepare its plan on the basis that DIS services are completely unavailable.
25. BILLING ERRORS: Adjustments for billing errors(s) will be made only for the errant charges
identified and submitted in writing to the other party prior to the expiration of the biennial period in which
charges accrued.
26. CHANGE MANAGEMENT: Revisions to Service Requests shall be documented in writing and
approved by Customer. Revisions to MSA shall be documented in writing and approved by Customer.
MSA # «MSA Prefix»
DIS-25B
Page 10 of 11'
One Capitol Mail I P.O. Sox 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 50:1.682.43i0 1 www.dis.state.anus
27. E-RATE ELIGIBILITY: E-Rate eligibility includes Customer meeting certification requirements
including but not limited to adequate budgetary resources for the undiscounted portion of any service
sought. DIS shall not be held liable for failure to meet E-Rate certification. DIS shall not be responsible
for any funds related to failure to meet E-Rate certification. If an audit regarding E-Rate funds on behalf
of the Customer identifies ineligible funds and requires DIS to repay the ineligible funds, DIS shall bill the
customer for this repayment to recoup these funds.
MSA # «MSA_Prefix»
DIS-25B
Page 11 of 11 R z
One Capitol Mail I P.O. Box 305 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.dis.state anus%,A,.!A%',0"*1VAU
De lofor�afioo S
Claire Bailey
Director
steps p
art�eot of �
Mike Beebe
Arkansas. A State of Technology.
Governor
MASTER SERVICE AGREEMENT
Master Service Agreement #:
AASIS Business Area #:
Term End Date:
0517
Automatic renewal per
Biennium
Customer:
City of Fayetteville
Address:
113 West Mountain Street
Fayetteville, Arkansas, 72701
PLEASE DESIGNATE CUSTOMER AGENCY CONTACT INFORMATION BELOW:
Customer Contact Person:
Title: IT Project Manager
Email Address: dvanderford@fayetteville-ar.gov
Phone Number: : 479-973-4834
For questions concerning this Master Service Agreement, please contact:
DIS Contact Person: Mary McCoy, DIS Contracts Administrator
Email: DIS.Contracts(o),arkansas.gov or mary.mccoya-arkansas.gov
Fax Number: 501-682-4310
MSA # «MSA_Prefix»
DIS-25B
Page 1 of 11
One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.dis.state.ar.us
I. Prelude
The goal of this Master Service Agreement (MSA) is to establish a master set of Terms and Conditions to
govern all services rendered to Customer by the Department of Information Systems (DIS) within the term
of the referenced biennium.
II. DIS Responsibilities
DIS shall be responsible for providing services in compliance with the Terms and Conditions of the MSA
and with any additional Terms and Conditions contained in DIS Service Requests, as signed by all parties
and incorporated herein by reference.
III. Customer Responsibilities
Customer shall be responsible for complying with the Terms and Conditions of the MSA. Customer shall
provide and make available appropriate staff members to act as primary contacts pursuant to the notice
provisions contained in the MSA Terms and Conditions.
IV. Term
The contract period will become effective upon execution of the MSA or on July 1, 2009, whichever date
later occurs, and terminates upon the discontinuation of service pursuant to item 9 of the DIS MSA Terms
and Conditions.
V. Amendments
Any amendments to the MSA shall be made in writing and signed by both parties prior to becoming
effective.
MSA # ((MSA—Prefix))
DIS-25B
Page 2 of 11
One Capitol Mail I P.O. Box 3155 1,Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.disstate.ar.us
VI. Estimates Only
All costs for services performed in accordance with Service Requests represent estimates only and are
subject to change. DIS agrees to regularly invoice the Customer for services provided in order that the
Customer may monitor the status of the Project Cost for which the Customer has sole responsibility for
payment. In addition, DIS agrees to make a good faith effort to inform Customer of an increase in the
Cost Estimate at the time it is determined actual costs will exceed the Cost Estimate by 25%. At that time
or before, DIS and Customer shall discuss and agree, in writing, to any additional costs exceeding the
applicable Cost Estimate. In any event, Customer agrees to pay DIS for all, services performed by DIS in
accordance with the DIS Rate Schedule including any costs for services performed that exceed the
amount of the initial Cost Estimate.
VII. Termination
The termination provisions set forth in the DIS Master Service Agreement Terms and Conditions attached
hereto and incorporated herein shall govern the MSA.
Vill. Availability of Funds
As a party to the MSA, Customer verifies that funds are legally available to pay DIS for services
performed pursuant to the MSA and DIS Service Requests.
IX. Taxes and Fees
Taxes and fees are not covered under the terms of the MSA and may result in additional charges to
Customer.
X. Public Disclosure
Upon execution of the MSA by all parties, terms of the MSA shall become available to the public pursuant
to the provisions of Ark. Code Ann. § 25-19-101 et seq.
XI. Authority
The MSA shall be governed by the laws of the State of Arkansas.
MSA # ((MSA—Prefix))
DIS-25B Page 3 of 11
One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.disstate.ar.us
In signing the MSA, Customer hereby agrees to all Terms and Conditions set forth herein including
without limitation, DIS Master Service Agreement Terms and Conditions.
XII. Signatures
Customer I Department of Information Systems
One Capitol Mall
Printed Name: Lmul d 1Y a f)
Little Rock, AR 72203-3155
Signature: _
Printed Name: Claire Bailey
Title: I�IA�I Title: Director
Date: W ' )- Date:
MSA # «MSA_Prefix»
DIS-25B
Page 4 of 11
One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www clisstate.ar.us
DIS Master Service Agreement Terms and Conditions
1. INTRODUCTION: As used in this document, the Department of Information Systems hereinafter will
be referred to as "DIS". Any State of Arkansas agency, institution, board, commission, or governmental
entity to which services are provided will hereinafter be referred to as "Customer'. DIS Master Service
Agreement and DIS Service Request(s), hereinafter referred to collectively as "MSA", when signed by the
Customer and DIS, will incorporate DIS Terms and Conditions and become part of the Agreement,
consistent with Arkansas Code Annotated, Section 25, Chapter 4. This Master Service Agreement shall
govern all services rendered to Customer within the term of the referenced biennium. These Terms and
Conditions shall supersede any and all existing agreements between DIS and Customer.
2. DIS SERVICE: The Customer and DIS shall sign an MSA before new DIS Service is initiated. The
MSA must be signed by a person authorized to commit Customer funds. Customer shall be billed upon
provision of DIS Services and Customer shall pay DIS based on DIS Service Rates.
3. CUSTOMER CERTIFICATION: By entering into the MSA, the Customer certifies that appropriations
and funds are available to make payment for the DIS services to be provided.
4. AGREEMENT: Contracts for the provision of DIS services are inter -agency service agreements and
are exempt from the provisions of State Purchasing Law and Regulation. Further, they are not
considered to be Professional Services or Consultant Services Contracts subject to review by the
Department of Finance and Administration (Office of State Procurement) nor are they required to be
submitted to the Arkansas Legislative Council for advice. Agreements shall be effective when signed by
the Customer and accepted by DIS.
5. RATES: DIS Service Rates are developed using generally accepted accounting principles based on
costs of operations and apply to all Customers. Customer will be responsible for all costs incurred
including, but not limited to materials, contract services, labor, and travel time. DIS hourly rates will be
MSA# ((MSA—Prefix))
DIS-25B Page 5 of 11
One Capitol Mall I P.O. Box 305 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 w"Als.state.ar.us
charged for all hours worked and all preparation and travel time associated with a DIS Service. DIS
hourly labor rates will also be charged for all services provided to Customer during hours which may fall
outside of State normal working business hours (nights, weekends and holidays). DIS periodically
reviews and adjusts the rate structure. The MSA may require an adjustment to reflect any rate change
including Federal Communications Commission or Public Service Commission approved tariffs.
A rate change is subject to the written approval of the Chief Fiscal Officer of the State upon the
written application of the department and review by the Legislative Council in order to effect compliance
with state and federal statutory and regulatory provisions. If rates charged to Customer are increased to
ensure compliance with state and federal statutory and regulatory provisions, DIS will notify Customer
before any changes shall be effected. DIS Rate Schedule will be periodically updated and will be located
at DIS Website http://www.dis.arkansas.gov/list rate.html.
6. AGREEMENT COMPLETION: DIS will notify Customer when the service criteria outlined in the
Agreement has been met (if applicable). Customer shall notify DIS, in writing, if the services rendered are
not compliant with the service criteria outlined in the Agreement. If DIS does not receive written
notification of dissatisfaction from the Customer within thirty (30) working days, DIS obligations regarding
the services rendered, items delivered, or tasks completed will be deemed satisfied.
7. SERVICE DELIVERY: DIS will provide services to meet the service criteria and will adjust the service
if it does not meet the criteria. Customer is responsible for verifying and approving requirements, test
results, and quality acceptance review prior to production status and for notifying DIS in writing within
thirty (30) days if the rendered services are not compliant with the service criteria.
8. CUSTOMER ACCOUNT CODES: DIS will assign unique Customer account codes compatible with
DIS Billing Systems to each Agreement for services requested by the Customer.
MSA # ((MSA—Prefix))
DIS-25B Page 6 of 11
One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.dis.state.ar.us
9. AGREEMENT CANCELLATION: Agreement(s) may be cancelled by the Customer or DIS upon
provision of thirty (30) days prior written notice, to that effect, which notice is signed by an authorized
representative. Upon receipt of cancellation notice, DIS shall discontinue all work currently in progress
related to the Agreement(s). In the event Customer cancels an Agreement which specifies a duration or
commitment term, amounts due to DIS for the unexpired portion of the term are due and payable upon
cancellation to the extent that DIS has incurred costs on behalf of Customer. However, in the event of
early termination of the Agreement(s), DIS will make best efforts to mitigate damages. Customer will be
liable for actual fees or costs incurred by DIS as a direct result of early termination by Customer of the
Agreement(s).
10. CANCELLATION CONDITION: Customer agrees to pay all charges and costs incurred by DIS
including, but not limited to, equipment, software, license fees, other material and time acquired on behalf
of Customer. DIS is obligated to recoup all unrecovered cost incurred on behalf of Customer. Customer
may be liable for termination charges imposed upon DIS by vendors from service cancellation. If
requested by the Customer within such written cancellation noticq, DIS will provide, at the Customer's
expense, a report of the status of the entire Customer's work in progress before discontinuing services.
11. DIS EQUIPMENT: Equipment provided by DIS remains the property of DIS. Customer will provide a
limited access location with dedicated power for the equipment necessary for DIS to provide requested
services. Customer will exercise due care to provide an environmentally controlled facility according to
manufacturer's equipment specifications. Customer assumes responsibility for all DIS equipment while in
the Customer's possession. Customer shall allow DIS reasonable access to equipment. Customer
agrees to obtain DIS authorization in advance of any relocation or movement of such equipment.
12. CUSTOMER PROVIDED EQUIPMENT: Customer shall be responsible for upgrades and related cost
to equipment or software necessary to maintain compatibility with supporting DIS systems.
MSA # «MSA_Prefix»
DIS-25B
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One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 wwwAls.state.acus
13. DAMAGE TO OR LOSS OF DIS EQUIPMENT: Except for normal wear and tear, Customer shall be
liable for repair charges or replacement costs of DIS equipment or cable damaged due to Customer
negligence, intentional acts, unauthorized installation or maintenance, loss due to theft, or other causes
while in Customer's possession.
14. MAINTENANCE OF EQUIPMENT: DIS will provide maintenance coverage for all equipment and
cable provided in accordance with the MSA through DIS employed technicians or maintenance contracts
between DIS and appropriate vendor(s). Customer is responsible for the maintenance and operation of
Customer equipment or software acquired from sources other than DIS.
15. INVOICES: DIS will provide Customer with monthly invoice(s) for actual services rendered.
Customer agrees to remit payment to DIS within forty-five (45) calendar days following the date of the
invoice(s). DIS may assess interest charges on any past due invoice(s), in accordance with state law.
16. INVOICE DISPUTE: Customer shall notify DIS in writing concerning the details of any disputed
items(s) within forty-five (45) calendar days following the date of the invoice(s). Customer remains
obligated to pay all undisputed portions of the invoice(s) within the same time period.
17. INVOICE NON-PAYMENT: DIS is authorized to discontinue services to a Customer that does not
make a timely remittance of payment for services rendered, and DIS is specifically prohibited from
providing services to a Customer lacking funds or sufficient appropriations to pay for the services.
Furthermore, in accordance with Act 1722 of 2001, DIS may request that the State Chief Fiscal Officer
transfer overdue amounts from user accounts to the DIS revolving fund.
18. DATA: Any data supplied by Customer must adhere to DIS standards and procedures for equipment
and data format. Customer shall provide instructions for disposition of all data and is responsible for
transportation of all data inputs and outputs.
MSA # ((MSA—Prefix))
DIS-25B Page 8 of 11
One Capitol Mail I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www•disstate.anus
19. SYSTEM STANDARDS: Applications or equipment supported by DIS system(s) and network(s) shall
be compatible with acceptable DIS standards and procedures. Customer shall notify DIS of any special
service requirements associated with audit, security, and control prior to initiation of service.
20. SERVICE SECURITY: Customer is responsible for all access to DIS services and equipment at the
Customer's location. Consequences of unauthorized access and activity shall be the Customer's
responsibility.
Customer agrees to adhere to DIS security policies while at DIS locations. DIS access badges
shall be relinquished when the accessing requirement ends.
DIS Security Policy states: "Official Business Use Only — Unauthorized Use or Access is
Prohibited". This system contains governmental information. Only authorized users may access this
system, and any authorized use of the system, network or information contained herein must be related to
the performance of official governmental functions or business. By accessing and using this system you
are consenting to system monitoring for law enforcement and other purposes. Unauthorized use of, or
access to, this computer system may subject you to state and federal criminal prosecution and penalties
as well as civil penalties or both."
21. TOLL FRAUD: Toll Fraud is defined as unauthorized calls made neither by, nor in collusion with,
persons employed or previously employed by the Customer or agents of the Customer, and made by
means of remotely accessing the Basic Customer Telephone System from another location and
breaching the security of that Basic Customer Telephone System. DIS will investigate instances of Toll
Fraud in collaboration with outside sources to the extent possible. Customer will not be liable for Toll
Fraud charges but will be responsible for pursuing legal action attributed to, or resulting from, such Toll
Fraud.
MSA # «MSA_Prefix»
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One Capitol Mall I P.O. Box 3155 I Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 wwwAls.state.aws
22. INTERNAL ABUSE: Other types of unauthorized calls including, but not limited to, direct dialed,
calling card and third party calls related to the Basic Customer Telephone System are classified as
"internal abuse". Internal abuse includes the use of the Customer's public or private long distance
network or personal call forwarding feature during non -business hours to receive personal calls at home.
Any illegitimate authorization code calls will also be deemed internal abuse. These activities are not
regarded as fraud. DIS will assist in the identification of the unauthorized individual committing internal
abuse; however, Customer is liable for all charges incurred and is responsible for initiating any needed
disciplinary or legal actions resulting from such abuse.
23. INFORMATION DISCLOSURE: All programs, files, documentation and other information provided by
the Customer or developed by DIS for the Customer is considered owned by the Customer and will not be
disclosed by DIS except pursuant to court ordered process. Any inquiries regarding Customer -owned
information shall be referred to the Customer. Information relating to the use of DIS provided services by
Customer is the property of DIS and is subject to disclosure in accordance with the Freedom of
Information Act.
24. SERVICE INTERRUPTION: Under disaster conditions, DIS will make every occasioned effort to
restore services as rapidly as possible but will not be responsible for damage or delays in service
occasioned by disaster conditions. For purposes of a Customer's contingency plan in the event of a
disaster, Customer should prepare its plan on the basis that DIS services are completely unavailable.
25. BILLING ERRORS: Adjustments for billing errors(s) will be made only for the errant charges
identified and submitted in writing to the other party prior to the expiration of the biennial period in which
charges accrued.
26. CHANGE MANAGEMENT: Revisions to Service Requests shall be documented in writing and
approved by Customer. Revisions to MSA shall be documented in writing and approved by Customer.
MSA # ((MSA—Prefix))
DIS-25B Page 10 of 11
One Capitol Mall I P.O. Box 305 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 www.disstate.aws
27. E-RATE ELIGIBILITY: E-Rate eligibility includes Customer meeting certification requirements
including but not limited to adequate budgetary resources for the undiscounted portion of any service
sought. DIS shall not be held liable for failure to meet E-Rate certification. DIS shall not be responsible
for any funds related to failure to meet E-Rate certification. If an audit regarding E-Rate funds on behalf
of the Customer identifies ineligible funds and requires DIS to repay the ineligible funds, DIS shall bill the
customer for this repayment to recoup these funds.
MSA # «MSA_Prefix»
DIS-25B
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One Capitol Mall I P.O. Box 3155 1 Little Rock, AR 72203 1 phone 501.682.2701 1 fax 501.682.4310 1 WWWAs.state.aws
One Capitol Mall, PO Box 3155
City: State: Zip Code:
Little Rock 1AR 72203
Requester: Req
Item Description Quantity Unit of Issue Unit Cost Extended Cost A
1 Database Administration 1 $60,000.00 10
2 $0.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Shipping/Handling Lot $0.00
Special Instructions:
Finance & Internal Services Director:
Dispatch Manager:
Department Director:
Budget Manager:
Utilities Manager:
Head Approval:
umbers Pro'ect/Sub ro'ect # Inventory # Fixed Asset #
,5315-00
ax:
Purchasing Manager:
IT Manager:
Other:_
$60,000.00
$60,000.00