HomeMy WebLinkAboutRES.182.03-05-1986 .� �
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�` BILL N0. 86-31 RESOLUTION N0. �
A RESOLIITIODI AUTHORIZING THE CITY MANAGER TO
CONTRACT WITH INFORMATION SOLUTIONS, INC. TO
PURCHASE AND LICENSE A DATA PROCESSING SYSTEM
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLL0�7S:
SECTION 1 . The City Manager on behalf of the City of Cape
Girardeau, Missouri is hereby authorized to enter into a
Contract with Information Solutions , Inc, to purchase and
license a data processing system. This Contract shall be
substantially in the form of the Contract which is attached to
this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �� DAY OF , 1986 .
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Howard C. Tooke, Mayor
� ATTEST:
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Alvin M. Stoverink , City Clerk
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� CONTRACT FOR A
DATA PROCESSING SYSTEM
I . GErTERAL INFORMATION
A. This contract made and entered into this day
of , 1986 , by and between the City of Cape
Girardeau , Missouri , hereinafter "City" and Information
Solutions , Inc. , hereinafter " ISI . "
ISI shall furnish to City as proposed all work , materials ,
and documentation and, unless otherwise provided, shall pay all
travel , postage, freight costs and living expenses necessary to
complete the work as defined in this contract .
B. Definitions ,
' For the purpose of this contract, the following definitions
apply unless specifically defined elsewhere in the contract.
l . Hardware System
The term "Hardware System" shall mean the hardware, the
operating system software/firmware, and support programming
aids which have been set forth in Attachment A.
?. . Hardware Installation
'� "Hardware Installation" means the delivery of the hardware
system at the City' s specified site and location, and the
satisfactory completion of ISI ' s standard test procedures and
acceptance of the test report verifying the same by the City as
described in Section II .F .
3 . Program
"Program" shall mean instructions designed to achieve a
specified result , whether designated software or firmware ,
whenever resident on any media and all related documentation
furnished to t}ie City.
4 . Application Software System
"Application Software -System" shall mean a program or
collection of programs that are installed to achieve a specific
application function specified by the City. The City has
specif_ied the application functions in Exhibits A through R.
C . This contract consists of the contents herein with
Attachment A and Exhibits A through R as listed in Section XIII .
D. No amendment to this Contract shall be effective
unless it is in writing and signed by duly authorized
representatives of both ISI and City.
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E . This contract shall be governed by and construed in
�^^* accordance with the laws of the State of Missouri .
F . Each party a�rees that it wi11 perform its obligation
hereunder in accordance with all applicable laws , rules , and
regulations noo� or hereafter in effect . �urther each party
agrees that the agreements and obligations her. ein shall pass to
its successors , if applicable .
r, , If any term or provision of this contract shall be
fotind to be illegal or unenforceable under any applicable state
law , then notwithstanding , the remaining provisions of this
agreement shall remain in full force and effect and such term
or provision shall be stricken .
II . HARDWARE SYSTEM
' A. Purchase
ISI agrees to sell and the City agrees to buy the hardware
system specif.ied in Attachment A , Phase I at the prices therein
specified.
B . Option to Purchase
City shall have the option to purchase any or all of the
hardware system items listed in Attachment A, Phase II and
Phase III at the prices therein specified for a period of two
-"- ( 2 ) years from the execution of this Contract . The City may
exercise this option by providing written notice to ISI
executed by the City Manager setting forth the items to be
purchased. All provisions of this Contract pertaining to the
purchase of the hardware system specified in Attachment A,
Phase I shall apply to purchases of hardware system items
listed in Attachment A, Phase II and Phase III .
C . Preparation of Site
1 . No later than the scheduled delivery date , the City
shall ready the site for the installation of the hardware
system in general conformity to Prime Computer , Inc . ' s
specifications . ISI shall assure said specifications are
provided in a timely manner for City to accomplish site
preparation prior to delivery date .
2 . The City may elect not to comply fully with the
provisions of said specifications ; however , in such event, the
City assumes the responsibility and subsequent cost for any
failure of the hardware system to operate as a result of
environmental conditions , The City shall be responsible for
maintaining a satisfactory hardware system environment ,
D. Delivery and Installation
The hardware system will be deliverec� to City ' s specified
site by ground based transportation unless other arrangements
,,.� are specified by City. City will be responsible for notifying
ISI that the hardware system has arrived and is available for
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installation. The hardware system shall be installed by ISI at
the City' s site, which installation shall include successful
operation of the hardware test procedures established by ISI �
and Prime Computer , Inc .
E . Hardware System Warranty
1 . ISI warrants the materials and all parts thereof
furnished by ISI will be free of defects in workmanship, of
merchantable quality, shall be fit for their intended purpose,
and shall perform in the manner set forth in the literature and
proposal documentation submitted by ISI to the City.
2 . I5I warrants to the City full ownership rights, exempt
from all privileges or charges and agrees to defend such
warranty against third party claims .
3 . ISI warrants the hardware system other than CPU, disk ,
' tape and ICS2 for ninety ( 90 ) days after hardware installation
providing that City does not enter into a maintenance agreement
for the hardware system. The Prime Computer , Inc, maintenance
agreement will prevail on the CPU, disk , tape and ICS2 from
date of certificationr
4 . ISI shall indemnify and save harmless the City against
any and all judgments, costs, damage , and expenses which may be
awarded against City in any suit, action or proceeding brought
against City for infringement or alleged infringement of a
patent , trademark , or copyright by a Court of competent �
jurisdiction, arising out of the use by City of the materials
or equipment furnished hereunder in the ordinary course of its
use for the purposes hereunder intended. If any suit or suits
f_or infringement of a patent , trademark , or copyright be
instituted against the City as above specified on account of
the use of_ said material or equipment furnished hereunder , and
when notified, ISI shall assume and undertake the defense of
such suit or suits and all expenses incidental to the defense
thereof .
5 . ISI warrants that the hardware system specified by the
City and proposed by ISI as part of the system are free and
clear from any and all liens and encumbrances not set out
herein , and agrees to defend such warranty against third party
claims .
6 . ISI warrants the hardware system to be new and unused,
and upon acceptance, free from defects in materials ,
workmanship, and operating failure from ordinary use .
7 . The warranty provisions of Section II , E, 1 and 3
shall be satisfied if the manufacturer of the hardware provides
the City with a warranty substantially identical to the
provisions of Section II , E , 1 and 3 .
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� F. Hardware Installation
Installation of the hardware system and satisfactory
completion of ISI ' s standard test procedures and a performance
test report verifying same, signed by ISI , shall be required to
assure that the hardware system, as specified in Attachment A ,
meets the standards of performance as specified by ISI , or
other applicable vendors , in published specifications . The
receipt of said report shall be the date of installation of the
hardware system for hardware system payment purposes .
G. Liability
ISI shall be liable for all damages to the hardware system,
or any element thereof , until the hardware system is delivered
to the City' s designated installation site . ISI , however ,
shall not be liable for any damage to the hardware system which
occurs on City' s property other than damage caused by the
negliqence of ISI , its agents or employ�es .
III . STANDARDS OF PERFORMANC� OF HARD4�ARE SYSTEM
A. ISI warrants that when the material is placed in
operation for use, it shall perform in the manner , set forth in
the literature and proposal documentation submitted by ISI to
the City.
B . ISI shall certify in writing to the City in the form
'"` of a performance test report when the hardware system is
installed , has successfully passed the performance test , and is
ready for use . ISI shall provide an initial software test
system to be used for verifying the installation of the
hardware system.
C . The test performance period for B above, which shall
be a period of twenty ( 20 ) consecutive calendar days , shall
commence on the first ��orkday, or thereafter as mutually agreed
upon, following hardware install�tion , at which time
operational control becomes the responsibility of the City . If
the hardware system operates at an average uptime effectiveness
of 95 percent or mare for a total of twenty ( 20 ) calendar days
from the commencement date of the performance period, it shall
be deemed to have met the City ' s standard of performance and
shall constitute a successful performance period . It is not
required that one twenty ( 20 ) day period expire in order for
another such period to begin . A failure of a minor item will
not constitute a failure of the entire hardware system.
The average up-time effectiveness level is a percentage figure
determined by dividing the total operational use time by the
total operational use time plus associated down-time . In
addition , the system shall operate in conformance with
published specifications applicable to such hardware system.
Measurable performance time shall be considered normal working
� hours , which hours shall be defined by the City .
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During the acceptance performance period a minimum of fifty
( 50 ) hours of operational use time shall be required as a basis
for computation of the average effectiveness level . However , �
in computing the effectiveness level, the actual number of
operational use hours shall be used when in excess of the
minimum stated above. When it is evident that the actual
operational use hours that will be accumulated during the
performance period will be less than fifty ( 50 ) hours , the
hours may be supplemented by using ISI ' s diagnostic routines or
simulated production operations in order to provide a total of
fifty ( 50 ) hours .
D. Hardware failure downtime shall be measured by those
intervals between the time that ISI is notified of hardware
failure and the time that the hardware is repaired or returned
to the City in operating condition .
' Software failure shall be measured by those intervals in which
the operating system sof_tware/firmware or performance test
software is not 100 percent operational .
E. ISI shall not be responsible for the tasks of the City
which are incomplete, including but not limited to data base
building, which may impede the proper testing of the hardware
system.
F . Within thirty ( 30 ) calendar days of successful
completion of performance period, the City shall notify ISI of �
same and shall make payment to ISI in the amount indicated in
Attachment A for those elements of the hardware system which
have been installed, less downpayment amount of $28 , 310 . 00 .
G. If the performance period is not successfully
completed within twenty ( 20 ) calendar days , the City may, at
its sole discretion, extend the performance period for not more
than two ( 2 ) additional twenty ( 20 ) day periods or exercise one
of the options provided in Section III .H .
H . If the performance period is not successfully
completed within the time limits specified above, the City may,
at its sole discretion , exercise one or more of the following
options :
1 . Demand that ISI install a replacement system, or
major elements of the system, which shall become
subject to all performance testing criteria .
2 . Continue performance testing, or.
3 . Pursue any other available legal remedy.
I . ISI shall pay for all inbound and outbound preparation
and shipping costs for equipment returned pursuant to Section
III . H and shall assume full liability for damage to any
equipment so returned .
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IV. APPLICATION SOFTj�ARE SYSTEMS
A. License and Option to License , ISI agrees to grant
the City a nontransferrable, nonexclusive, perpetual license ,
on the terms and conditions provided in this Agreement , to use
the application software system specified in Attachment A,
Phase I , only with the equipment listed on Attachment A at the
prices therein specified . Provided, however , that the office
management package known as Information Connection/Memo/Plan
shall be installed on a trial basis . The City at its sole
option shall either purchase this system or return it to ISI
within ninety ( 90 ) days of the successful completion of the
application software system installation test period . At the
option of City, ISI further agrees to grant City a
nontransferrable, nonexclusive, perpetual license to use any or
all of the application software systems listed in Attachment A,
Phase II and Phase III . The City may exercise this option by
' providing written notice to ISI executed by the City Manager
setting forth the items to be licensed . This option may be
exercised only within a period of two ( 2 ) years from the
execution of this Contract . City shall compensate ISI for its
right to use the application software systems at the prices set
f_orth in Attachment A , .Phase II and Phase III . All provisions
of this Contract pertaining to the purchase of a license to use
the application software system specified in Attachment A,
Phase I shall apply to the purchase of a license to use the
^, application software systems listed in Attachment A , Phase II
and Phase III .
B. Title , License , Terms and Conditions . Title and full
o�anership rights to the Licensed Software remain with ISI . The
term Licensed Software refers to all the proprietary software
products marketed by ISI , including, but not limited to ,
application , programming language , and interface software ,
software modifications , regardless of form, as well as
associated logic diagrams , flow charts , specifications , and
procedure manuals . The City hereby agrees ( 1 ) that the
Licensed Software (and any copies ) are the proprietary
}�roperty, information and trade secrets of ISI , and are
protected by civil and criminal law and the law of copyright ;
( 2 ) to protect and maintain the confidentiality security for
the Licensed Software and copies thereof; and ( 3 ) that it will
not sell , disclose, display, or otherwise make available the
Licensed Software or any part thereof , to any person other than
City or ISI employees without prior consent from ISI . If City
shall make any use, transfer , or disclosure of the Licensed
Software in violation of any of the terms and conditions of
this Agreement , the license granted under this Agreement shall ,
at the option of ISI , immediately terminate without demand or
notice; and ISI shall have the right to immediate possession to
all Licensed Software and related materials supplied by ISI
with no compensation owing therefor by ISI to City. The City
�. shall use the Licensed Software only in connection �vith the
operation of its business . City shall not take any action that
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might adversely affect ISI 's proprietary rights or in any
manner interfere with ISI ' s right to enter into agreements with
other prospective users for the use of the Licensed Software, "'
City shall fix or cause to be fixed such evidences of
proprietorship as ISI may reasonably request . If the City
shall cease doing business, shall be declared bankrupt, shall
suffer any attachment or lien to remain on the Licensed
Software for more than 30 days, the license granted by this
Agreement terminates .
Within one month after the date of discontinuance of the
license granted herein, the City will furnish to ISI a
completed form entitled " ISI Licensed Software Certificate of
Return or Destruction" certifying that through the City ' s best
efforts and to the best of the City ' s knowledge, the original
and all copies of the Licensed Software material received from
ISI or made in connection with such license have been returned
' or destroyed, This requirement will apply to all copies in any
form including translations , whether partial or complete , or
whether or not modified or merged into other program materials
as authorized herein .
C . Injunctive Relief . In the event of a breach of this
Agreement by City, ISI , after written notice to City of the
breach, allowing 30 days to correct such breach , will be
entitled to seek an injunction restraining City from taking any
action which may be prohibited hereby and enjoining it to
perform the acts required hereunder , rlothing herein is to be �--
construed as prohibiting ISI from pursuing any other remedies
available for such breach or threatened breach , including the
recovery of damages and criminal prosecution .
D, Inspection. To assist ISI in the protection of its
proprietary rights , licensee shall permit representatives of
ISI to inspect at a.11 reasonable times any location at which
the Licensed Software is being used or kept .
E. Software Warranty. ISI warrants that the Licensed
Software will, for 90 days after the installation test period,
perform substantially as specified in the detailed
documentation and literature submitted by ISI to the City. ISI
further warrants that the licensed software listed on
Attachment A, as modified, will meet the specifications set
forth on Exhibits A through R which are attached to and made a
part of ttiis contract . ISI ' S sole obligation and liability
under this warranty shall be to correct defects in the Licensed
Software within a reasonable period of time after City
notification in writing. This warranty is void if any
additions or modifications are made unless such modifications
or additions have been performed by ISI or ISI ' s authorized
subcontractors .
THE FOREGOING EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER
��ARRANTIES, EXPRESSED OR IMPLIED, INCLUDTNG BUT NOT LIMITED T0, ...i
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THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
� PARTICULAR PURPOSE . ISI DOES NCT WARRANT THAT THE CUSTOMER' S
OPERATIOr1 OF LICENSED SOFT�9ARE WILL BE UNINTERRUPTED OR ERROR-
FREE .
F . Patents and Copyrights . ISI represents and warrants
that the Licensed Software to be installed and licensed to City
does not infringe on any t�nited States Patent or rights of any
third party. ISI agrees to defend at its expense any action
brought against City, based on a claim that any Licensed
Software used infringes a copyright in the United States or a
United States Patent , provided that the City notifies ISI
promptly in writing and ISI may fully participate in the
defense or agrees to any settlement of such claim. Should tt�e
Licensed Software become, or in ISI ' s opinion be likely to
become , the subject of claim or inf_ringement of a copyright or
patent , ISI may procure for the City the right to continue
' using the Licensed Software or replace or modi£y such Licensed
Software to make it non-infringing. If neitt�er of the
foregoing alternatives is reasonably available to ISI , then ISI
may, at its option , discontinue the license granted on the
Licensed Software upon one month ' s written notice to the City .
In this event , ISI shall refund the cost of the licensed
software to City and City shall return the software to ISI
pursuant to the provisions of Section IV B. Upon ISI 's written
notice of discontinuance to the City, warranties with respect
--� to the Licensed Software shall be void . Thereafter , ISI shall
have no liability for any claim of copyrigtlt or patent
infringement based upon City ' s continued use of the Licensed
Software . ISI shall have no liability for any claim of
copyright or patent infringement based upon City ' s use of the
Licensed Software in any manner for which it was not intended
or based on alterations , modifications or improvements therein
by City or from City ' s inclusion or incorporation of the
Licensed Software with any software not furnished by ISI .
G . Installation of Application Software System
1 . The application software systems listed in Attachment
A , Phase I will be installed by ISI and the installation test
period successfully completed no later than December 31 , 1986 .
The application of any software system listed in Attachment A,
Phase II and Phase III will be installed by ISI and the
installation test period successfully completed no later than
ninety ( 90 ) days after ISI is notified of the City ' s exercise
of its option under Section IV A.
2 . ISI warrants that the application software systems
listed in Attachment A substantially meet the functional
objectives , in-puts and out-puts set forth in Exhibits A
through R. ISI agrees to make minor modifications to the
application software systems to meet more specific City
criteria to be developed in a product review process to be
,.^ conducted within ten ( 10 ) days of the execution of this
contract . These modifications shall be made at no additional
charge to the City .
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3 . After delivery and upon completion of installation of
each application software system, ISI shall certify in writing
to the City that the application software system or application `—'
module has been properly installed , modified to meet the
requirements of Ext�ibits A through R, and is ready for use.
This certification will be in the form of an application
software system sign-off document .
4 . For sixty ( 60 ) consecutive calendar days after this
certification , the City will use the application software
system or application module in accordance with its normal
operating procedures to ensure that the software:
a ) �Jill operate in accordance with ISI ' s specifications
and the requirements of Exhibits A through R.
b ) j�ill run on a repetitive basis on a variety of data
' without any substantive errors .
c) Includes the support , documentation , and training
necessary to meet the requirements of Sections VII and
IX .
5 . When the application software system operates
successfully for sixty ( 60 ) calendar days, this shall
constitute the successful completion of the application
software system installation test period .
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6 . When an applications software system successfully
completes the installation test period , City shall so indicate
to ISI by returning tl�e sign-off document with the appropriate
approval signatures .
7 . In the event that an application software system or
application module fails to meet either ISI ' s specifications or
the requirements of Exhibits A through R, the City shall so
notify ISI and shall describe the reasons for said failure, and
ISI shall either :
a ) Modify or adjust the software to meet the
specifications and requirements of Exhibits A through
R.
b ) Replace or add components as may be necessary to make
the software meet the specifications and requirements
of Exhibits A through R.
c ) Or the City may cancel the applicable software system.
8 . On written notice to the City by ISI of any
adjustment , modifications , repair , or replacement of said
application software system or application module, a second
installation test period will begin . If the application
software system fails to meet either the specifications or �,,
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installation criteria , the City shall have the right to require
� ISI to perform under Paragraph 7 above .
9 . ISI shall pay for inbound and outbound preparation and
shipping costs for all applications software systems returned
pursuant to this section and shall be liable for all damages
which may occur to such application software system as a result
of such preparation and shipping .
V. SHIPPING CHARGES
A. Shipments to and from the installation site via lSI
approved routes shall be made by padded van or air freight
prepaid by ISI .
B. ISI shall bear the cost of transportation whenever the
hardware is shipped for mechanical replacement purposes within
' ninety ( 90 ) days of certification unless tlze replacement is due
to the fault or negligence of the City.
VI . PRICE PROTECTION
If , at the time of delivery, the established purchase price
for any element of the hardware system delivered hereunder
shall be less than the price for such hardware system element
as specified herein, this Contract shall be deemed to provide
� said lower price . If the established purchase price shall be
higher , the price set forth herein shall prevail . Provided,
however , that if ISI is required by an arms length transaction
to purchase any element of the hardware system at a price
higher than the price set forth in Attachment A of this
contract , the City shall purchase such element at the same
price ISI paid for such element .
VII . DOCUMENTATION •
A . ISI will furnish to the City the following
documentation, as part of the application and system software
systems , which will be in a form and substance comparable to
materials generally used in the industry .
1 . User manuals for all application software systems or
system elements .
2 . Operating system manuals . ,
3 . Operating manuals for all equipment devices .
4 . INFO/BASIC programming manuals .
5 . Application program source code (at completion of
warranty period ) .
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B. ISI agrees to furnish the City any changes or
modifications to the above listed materials as part of this
Contract provided that the City keeps in force an application �
software system warranty agreement with ISI and pays
appropriate literature update fees to Prime Computer , Inc.
VIII . MAINTENANCF RESPONSE TIME
A . ISI agrees to respond via telephone to any City
request for application software system warranty service within
two hours when requested so long as said request shall have
been made by the City during working hours . Regular working
hours are defined herein as 8 : 30 a .m. to 5 : 00 p.m, central time
zone time for application software system warranty service,
Monday through Friday, except for holidays as may be specified
one year in advance by ISI .
' B . ISI agrees to respond to requests for application
soft�aare system warranty problems by correcting the problem by
dial-in communications whenever possible , when said problem is
not correctable by dial-in capability, ISI will correct said
problem by sending the correction by magnetic media in the most
expeditious manner possible or by responding on-site to the
problem. It is the responsibility of the City to install the
phone line and maintain it in good repair so that ISI can
communicate to the system via dial-in capability.
IX. TRAINING �
ISI will provide 260 hours of on-site and over-the-phone
training, technical support , amd software modification services
in connection with the items listed in Attachment A, Phase I .
These services and any additional such services shall be
provided by ISI at the rate of $60 . 00 per hour . This hourly
rate shall remain in effect for the first year after successful
completion of_ the installation test period . Thereafter , such
services shall be provided at ISI ' s then prevailing hourly
rate , Al1 training and support time charged to the City must
be appropriately documented to show actual time spent for each
service .
X . PAYMENTS
Payment by the City will be made as follows :
A . Hardware System:
Upon receipt of an appropriate invoice, full payment of the
purchase price stipuated in Attachment A , less downpayment
amount of $28 , 310 . 00 will be made by the City within thirty
( 30 ) calendar days of the satisfactory completion of
installation and performance period testing for each item
installed . An additional one-time installation charge of
$1 , 500 . 00 will be paid with the installation of the City Hall
CPU . In exchange for this installation charge ISI will provide �
a three day on-site training session on the operation and use
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of the equipment . The installation charge will cover travel
�' and lodging .
B. Applications Software System:
Upon receipt of an appropriate invoice , 100$ of the
purchase price stipulated in Attachment A, less downpayment
amount of $6 ,875 . 00 will be paid by the City within 30 calendar
days of the satisfactory completion of the application software
system installation test period for each application
installed. Provided, however , that payment for the Information
Connection/Memo/Plan shall not be due until ninety days after
satisfactory completion of the application software system
installation test period.
C. Training and Technical Support :
Payment for training and technical support will be made
within thirty ( 30 ) days upon receipt of an appropriately
' documented invoice .
D. Custom Programming:
Any custom programming requested by the City for objectives
not included in the specifications in Exhibits A - R will be
paid at the rate of $60 . 00 per hour . This hourly rate shall
remain in effect until one year after successful completion of
the installation test period. Thereafter such services shall
be provided at ISI 's then prevailing hourly rate .
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XI . ASSIGNMENT
Without the prior written consent of the City, ISI shall not
assign or transfer its obligation under this Contract to any
oth�r party tor performance by said other party.
XII . INDFMNITY
ISI shall indemnify the City, its officers , agents and
employees against all loss , damage, expense and liability
resulting from injury to or death o� any person, including , but
not limited to, employees of City or ISI or injury to property,
including, but not limited to property of City or ISI arising
out of , or in any way connected with , the technical direction
of installation , inspection and instruction performed by ISI ' s
representative at City ' s work site all in conjunction with
material furnished hereunder , excepting only such injury or
death as may be caused by the sole negligence or willful
misconduct of City. ISI shall , on City' s request , defend any
suit asserting a claim covered by this indemnity. ISI shall
pay all costs that may be incurred by City in enforcing the
indemnity, including actual attorney ' s fees and costs .
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XIII . CONTRACT ATTACHMENTS
The following attachments are incorporated in and made an "�
integral part of this Contract, the same as if specified herein
verbatim:
Attachment A -Hardware and Application Software System
Sof.tware Requirement Exhibits
Exhibit A -Utility
Exhibit B -General Ledger
Exhibit C -Budget
Exhibit D -Accounts Payable
Exhibit E -Payroll
Exhibit F -Tax Billing
Exhibit H -Office Automation
' F.xhibit J -Purchasing
Exhibit K -Personnel
Exhibit Q -Engineering CADD
Exhibit R -Public Safety (Police/Fire )
XIV. LIMITATION OF LIABILITY .
Notwithstanding anything contained in this Agreement to the
contrary, City agrees that ISI ' s liability hereunder for
damages of any kind, whether direct or indirect and regardless
of the form of action or theory of liability, shall not exceed `✓
the charges paid hereunder ( i .e . , purchase price for claims
relating to equipment and license fees for claims relating to
Licensed Software ) . In no event shall ISI be liable for loss
of profits or any direct or indirect , special or incidental or
consequential damages howsoever incurred or designated, arising
out of any claim, breach of warranty, negligence or otherwise .
No action , regardless of form, arising out of the transaction
under this Agreement may be brought by either party more than
one year after the cause of action has accrued, except for an
action arising out of the breach by City of the conditions
contained in "Title, License, Terms , and Conditions . " The
provisions of this Agreement relating to the purchase of the
Equipment on the one hand and the license of the Licensed
Software and Services are separate and independent and are not
intended to be "bundled" in determining the rights and
obligations of the parties hereto.
XV. DELAY
Any delay or failure by ISI in the performance of its
obligations under this Agreement shall be excused if such delay
or failure is caused by events or acts beyond the reasonable
control of ISI , including but not limited to labor strikes or
disputes and delays of suppliers or transportation .
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XVI . CREDIT APPROVAL
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Shipments , deliveries and services shall at all times be
subject to the approval of ISI Credit Department . In the event
City £ails to make any payment when due, becomes insolvent or
ISI deems the Equipment or Licensed Software to be in danger of
loss or abuse, ISI may either declare the entire sum remaining
unpaid hereunder to be immediately due and payable and sue
immediately for said amount or avail itself of any remedy in
effect now or at the time of default under this Agreement , the
Uniform Commercial Code or any other statute, including removal
of said Equipment and Licensed Software , all at City' s expense,
including reasonable attorney' s fees .
XVII . SECURITY INTFREST
ISI reserves a purchase money security interest in each of
' the items of Equipment and the Licensed Software in the amount
of its purchase price or license fee , including any other
amounts which may be due to ISI in connection with this
Agreement , A copy of this Agreement may be filed on ISI ' s
behalf with appropriate state authorities at any time after
signature by the City as a financing statement in order to
perfect ISI ' s security interest . Such filing does not
constitute acceptance of this Agreement by ISI . City agrees to
comply with any and all measures deemed necessary by ISI to
,.., preserve or perfect its security interest , and ISI shall have
the right to enter City's premises during normal business hours
ar�d peaceably retake possession of the Equipment or Licensed
Software . These interests will be satisfied by payment in
full . ISI may require City to assemble the Equipment or
Licensed Software and make it available at any reasonable place
designated by ISI in a notice sent to City.
�
-14-
IN WITNESS WHEREOF, the Parties have hereunder set their hands
and seals, through their authorized representatives, on
this day of , 198� . --
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A . Eide, City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
INFORMATION SOLUTIONS, INC .
ATTEST:
�
�
-15-
ATTACHMENT A
HARDWARF AND APPLICATION SOFTWARE SYSTEM
�
Phase I :
Departments - Data Processing , Finance, City Manager ' s Office
CPU Model - Prime 9750
Items Cost
CPU with 4 t�B Memory, Streaming Tape, 315 MB Disk ,
32 Ports $248 ,100
Information Operating System 15 ,000
600 LPM Printer 11 ,000
8 CRT ' s 6 ,000
2 NLQ Printers 2 ,000
' 2 Receipt Printers 1 ,000
iltility Billing 6 ,000
Budgetary/Fund Accounting 6 ,000
Payroll/Personnel 5 ,000
Tax Billing 6 ,000
Remittance Control 1 , 500
Simple 3 ,000
Cable 700
Modem 795
-.
Total Quoted Price $312 ,095
Credit Training, Support,
Modifications and Freight ( 17 ,600 )
Net Purchase Price $294 , 495
�
ATTACHMENT A
Continued
Phase II : "�
Departments - Police, Engineering, Health, Public Works ,
Parks and Recreation
Items Cost
Plan $ 6 ,000
Memo 5 , 500
Information Connection 13 ,500
COPS 30 ,000
Auto Cad 3 ,500
18 CRT ' s 10 ,800
2 Color/Graphics CRT ' s 3 ,190
� 16 Ports (Capacity Extender and 4 Clac 204 ' s ) 4 ,050
Plotter 3 , 200
Digitizer 600
6 NLQ Printers 6 , 000
315 MB Disk and Cabinet 19 , 350
Modem 795
2 4800 Baud 8-Channel Multiplexors 9 ,000
2 2400 Ba�id 4-Channel Multiplexors 4 , 900
2 4800 Baud 12-Channel Multiplexors 10 ,900
Cable 2 , 700
�
Total Price $133 ,985
Phase III :
Departments - Fire, Library
Items Cost
FIRES $12 ,500
18 CRT' s 9 ,000
2 NLQ Printers 2 ,000
6 Epson Printers 3 ,000
315 MB Disk 15 ,500
2 2400 Baud 4-Channel Multiplexors 4 ,900
2 4800 Baud 16-Channel Multiplexors ( Library) 12 ,700
16 Ports ( 4 Clac 204 ' s ) 2, 800
Cable 2 , 100
Total Price $ 64 ,500
�..�
� Exhibit A
CITY OF CAPE CIRARDEAU, MISSOURI
Utility
,--�
Functional Objectives
. Ability to automatically calculate charges monthly by
either flat rate or consumption .
. Ability to handle multiple services .
. Fditing of consumption for abnormal usage (misreads ,
keying errors , leaks , etc. )
. Automatic distribution of cash payments (partial or
full ) among services .
. Rate structure analysis .
' . Consumption reporting .
. Ageing report by billing period by utility .
. Computer inquiry by address , name and account number .
. Generation of bills and delinquent notices .
. Cash posting and account balance inquiry.
E� Inputs
. Streaming tape ( 1600 BPI - 9 channel ) in EBCDIC code
with consumption data to calculate sewer charges .
. Cash receipts transactions .
. Transactions to establish a receivable ( refuse
charges , special assessments , licenses , fees , etc . )
. Account balance adjustments .
. Master file edits .
Outputs
. Bills/delinquent notices
. Cash receipts listing .
, Aging reports .
. Billing status and history report .
. Trial balance .
� . Customer lists .
?. Exhibit A, Cont
CITY OF CAPE GIRARDEAU, MISSOURI
Utility
Estimated Volumes
�
. Accounts = 12 ,000 .
Rate Structure
. Sewer - flat rate and volume rate .
. Refuse - Schedule of flat rates based on container size and
number .
�
�
Exhibit B
CITY OF CAPE GIRARDEAU, MISSOURI
General Ledger
.•�.
FUNCTIONAL OBJECTIVES
. Ability to update general ledger files with output from
other applications .
. Ability to have on-line data input and update of manual
journal entries .
. Ability to compare current month budgeted and actual income
and expenditures with prior year budgeted and actual
amounts .
. Provision for capital project and Federal grant accounting
on a multi-year basis .
' . Ability to update accounting records from electronic cash
register or CRT.
. Ability to display current budgeted, encumbered,
unencumbered , and expended amounts .
. Ability to post and allocate G/L expenditure and revenue
accounts from purctlase orders and cash receipts .
•� . Ability to maintain subsidiary receivable records for all
billed revenues .
. Ability to post to cash receipts journal and general ledger
journal .
. Ability to provide subsidiary ledgers for various revenue
and expenditure accounts .
. Provision for single transaction update of all appropriate
files and accounts .
. Provision for G/L posting on a transaction basis , ensuring
G/L is always current .
. Ability to accommodate an account structure similar to as
follows :
Fund Program Object Project ID
FF PDEDI CELL ID
. Ability to conform with GAAP and GAAFR ( 1980 Edition ) , .
�
2 Exhibit B, Cont
CITY OF CAPE GIRARDEAU, MISSOURI
General Ledger , Continued
Inputs '.•
. Receipt and disbursement transactions .
. Financial information .
Outputs
. GAAFR required financial reports .
. Chart of accounts .
. Monthly/yearly detail reports .
. History of account revenue/expenses for previous 5 fiscal
' years .
�
�
� � Exhibit C
CITY OF CAPE GIRARDEAU, MISSOURI
Budget
�' FUNCTIONAL OBJECTIVES
. Provision for current basis budgetary and appropriations
accounting .
. Capability for budget and income analysis reports to
utilize data directly from the general ledger system.
, Capability to provide budgetary and encumbrance accounting
for revenues and expenditures at all levels of the
accounting structure .
. Capability of forecasting current year ' s income and
expenses, ( add actual year-to-date to budget remaining) and
comparing results to actual year-to-date last year .
' . Ability to provide immediate budget status of each account .
. Ability to develop detail and summary budgets and
revenue/expenditure forecasts at each level of the account
structure .
. Ability to identify when a Purchase Order will result in a
budget overage .
,-., . Ability to estimate revenue or appropriations at all levels .
. Ability to record encumbrances when a purct�ase order is
released.
. Ability to automatically liquidate encumbrances .
. Ability to accommodate an account structure similar to as
follows :
Fund Program Object Project ID
FF PDEDI CELL ID
. The Program number is subdivided as follows :
P = Program or General Function Area .
DE = Department .
DI = Division .
�
2 Exhibit C, Cont
CITY OF CAPE GIRARDEAU, MISSOURI
Budget, Continued
. The Object number is further subdivided as follows : '''
C = Classification.
E = Element .
LL = Line-item .
INPUTS
. Budget information .
. Budget file maintenance .
OUTPUTS
. Monthly budget/ expenditures reports including encumbrances .
. Project and grant costs on a current and multi-year basis .
. Actual-to-planned budget comparison .
. Budget overages/shortages .
. City budgets
ESTIMATED VOLUMES
�
. Number of accounts = 900
. Number of funds = 25
. Number of departments = 50
�
Exhibit D
CITY OF CAPE GIRARDEAU, MISSOURI
.—.
Accounts Payable
FUNCTIONAL OBJECTIVES
. Entry of invoices on a CRT .
. Entry and postings of all transactions as open items .
. Ability to post manual checks .
. Capability of processing debit memos .
. Ability to draw funds from more than one bank .
. Ability to take discount even when the invoice is past due .
. Ability to enter detail general ledger distributions .
. All computer generated checks will also have a check stub
remittance advice .
. Ability to use purchase order in lieu of Request for
Payment Voucher .
�. . Ability to allocate interdepartmental charges .
. Ability to forecast and report cash requirements by day,
week , and month .
. Verification of budget avaibility prior to acceptance of an
invoice .
. Consolidation of a vendor ' s invoices for issuance of a
single check .
. Ability to pay or not pay selected vendors and invoices , as
the City so desires .
. Ability to identify and produce reports concerning high
cost or other specific payables .
. Ability to code vendors for different accounts payable
frequencies .
n
2 Exhibit D, Cont
CITY OF CAPE GIRARDEAU, MISSOURI
I Accounts Payable, Continued
�
INPUTS
. Accounts payable invoices .
. Vendor master file maintenance .
. Manual check input form.
. Credit/debit memos .
. Accounts payable distribution to general ledger .
OUTPUTS
' . Vendor listing .
. Open purchase order listing by Vendor and P .O. number .
. Accounts payable cash requirements report .
. Aged accounts payable report by vendor .
. Accounts payable distribution .
. Accounts payable checks . �
. Accounts payable check register .
. Input audit trail .
. Special reports concerning high cost items or other items .
. Payment history by vendor and by budgetary account code .
. Year-to-date encumbrances , payables , and disbursements by
vendor .
ESTIMATED VOLUMES
. Number of vendors = 600
. Pdumber of vendor invoices per month = 500
. Number of monthly A/P checks - 250
. Number of weekly A/P checks = 20 (manual )
�..�
� Exhibit E
CITY 0' CAPE GIRARDEAU , MISSOURI
Fayroll
� FUNCTIONAL OBJECTIVES
. Ability to produce payroll checks for salaried and hourly
employees by different pay cycles .
. Ability to accommodate pension fund deductions that are a
percentage of gross salary .
. Ability to provide for State and Federal withholding taxes .
. Ability to accommodate deductions for savings bonds , life
insurance , health insurance, deferred compensation , and
garnishments .
. Ability to interface directly with the general ledger
system for the purpose of distributing payroll expenses .
. Automatic posting of payroll expenses to budget accounts .
. Ability to accvunt for accrued and used vacation , sick
leave, and compensatory time .
. Ability to distribute payroll wages , deductions , and
additive costs to several different accounts and jobs .
--� . Ability to monitor all changes to City payroll records .
. Ability to calculate and produce pension, sequestration,
and tax deposit checks .
. Ability to enter payroll data/changes on a CRT.
. Ability to compute gross pay, deductions , and net pay.
. Provision for data entry by employee or by exception .
. Ability to code salaries according to Workers ' Compensation
Classifications .
It1PUT
. Time cards .
. Bi-weekly time reports .
. Payroll maintenance transactions ,
OUTPUTS
. Payroll deduction register .
�„� . Payroll checks .
. Payroll registe.r .
' ' 2 Exhibit E , Cont
CITY OF CAPE GIRARDEAU, MISSOURI
Payroll , Continued
. W-2 information. `'
. Payroll distribution report .
. Payroll record changes report .
. Pension checks .
. Required State and Federal reports .
. Payroll time worksheets .
. Deduction Breakdown Report .
. Workers ' Compensation Audit Report .
ESTIP�ATED VOLUMES
. Number of employees = 350-500 �
. Number of checks bimonthly = 350-500
. Number of manual checks monthly = 40
. Number of 69-2 ' s = 600
�./
u
Exhibit F
CITY OF CAPE GIRARDEAU, MISSOURI
Tax Billing
�
FUNCTIONAL OBJECTIVES
. Ability to use CRT ' s for cash receip�s , with interface to
accounting records .
. Ability to accumulate totals by day and month .
. Ability to account for distribution of revenues as
determined by the City.
. Ability to produce tax �ills .
. Ability to issue periodic delinquent bills for tax
receivables .
' . Ability to maintain an audit trail of all account balance
charges .
. Ability to access all information through a CRT.
. Ability to update general ledger and subsidiary ledgers for
billings and collections .
. Ability to identify tax receivable by type, year , and
,� customer .
. Ability to report estimated and actual revenue data at all
levels .
. Ability to process assessment information from magnetic
tape provided by Cape Girardeau County .
. Ability to produce tax books , tax bills , and delinquent
statements for real estate and personal property taxes .
. Ability to automatically index between real estate and
personal property bills .
. Ability to track tax revenue received daily, monthly, and
yearly .
INPUTS
. Cash receipts transactions .
. Transactions to establish a receivable (special
assessments, licenses , fees , etc . )
. Tax assessment information (on magnetic tape ) .
�1
2. Exhibit F , Cont
CITY OF CAPE GIRARDEAU, MISSOURI
Tax Billing, Continued
OUTPUTS `"'
. Daily cash receipts listing .
. Monthly revenue distribution listing.
. Monthly listing of cash receipts by day .
. Account balance changes .
. Tax accounts receivable report .
. Tax books, tax bills , delinquent bills .
ESTIMATED VOLUMES
. Real Estate and Personal Property = 30 , 000 annually in
October .
. Delinquent taxes = 400 yearly.
. Annual business licenses = 2 , 000 .
. Miscellaneous billings = 1 ,500 per year .
�
�
• - Exhibit H
CITY OF CAPE GIRARDEAU, MISSOURI
�"� Of f ice Automation
FUNCTIONAL OBJECTIVES
. Electronic data capture, storage, retrieval , transfer , and
reproduction .
. Cross-indexing of documents and data .
. Must accommodate multiple users .
. Spelling verification .
. Ability to design special forms and produce charts , graphs,
and tables .
� . Ability to retrieve information from separate documents .
. Electronic "tickler" files .
. "Letter-quality" printing .
INPUTS
. Source text .
� . Appointments .
. Messages .
. Statistical Data .
. Retrieval inquiries ,
OUTPUTS
. Letter-quality drafts and final documents .
. Letter-quality charts , graphs and tables .
FSTIMATED VOLUMES
. Documents lending themselves to present word processing
application have not been identified .
�
Exhibit J
CITY OF CAPE GIRARDEAU, MISSOURI
Purchasing
FUNCTIONAL OBJECTIVES
�
. Ability to enter manually prepared purchase orders on CRT
i for the purpose of encumbering the funds within the general
ledger system.
. Ability to inquire of blanket purchase order file to
display quantity and date ordered/expected .
. Ability to edit, change and delete purchase orders on CRT .
. Daily posting of blanket purchase amounts .
. Ability of operating departments to input purchase order
directly.
' . Ability to use purchase order in lieu of Request for
Payment Voucher .
. Ability to catalog and identify vendors . Ability to review
vendor payment history.
. Ability to input approval/disapproval of purchase orders by
CRT.
. Ability to determine if a planned purchase will result in a
budget overage . ..,
. Ability to print purchase orders .
INPUTS
. Manual purchase orders .
. Computer-generated purchase orders .
. CRT-entered purchase requisitions .
OUTPUTS
. Computer print-out of blanket purchase orders .
. Purchase orders closed during the month .
. Purchase order transaction listing -- purchase orders
issued, received , and outstanding .
. Purchase order with projected budget overage noted .
. Year-to-date encumbrances , payables , and disbursements by
vendor .
. Requisition and purchase order documents . ,,�
_ , 2 Exhibit J, Cont
CITY OF CAPE GIRARDEAU , MISSOURI
PurcYiasing, Continued
/"�, ESTIMATED VOLUMES
. Number of purchase orders per month = 250
. Number of purchase order annually = 5 ,000-6 ,000
. Number of vendors = 600
. Maximum number of line items per purchase order = 99
. tdumber of blanket purchase orders = 50-75
�
1'��
� Exhibit K
CITY OF CAPE GIRARDEAU , MISSOURI
Personnel
� FUNCTIONAL OBJECTIVES
. Ability to post and monitor annual leaves , sick leave,
leave of absence , and emergency leave .
. Ability to monitor all changes to City personnel records .
. Ai�ility to produce selected employee/retiree retirement
data .
. Ability to maintain records on employee hires , transfers ,
terminations , etc .
. Abil.ity to maintain separate employee history and master
files .
' . Ability to monitor workers ' compensation records and
transactions .
. Ability to monitor unemployment compensation claims ,
appeals , and dispositions .
INPUT
. New employees and terminations .
. File maintenance to the employee master . �-►'
OUTPUTS
. Payroll record changes report .
. EEO reports information .
. Required State and Federal reports .
. Position classification report .
. Leave usage reports .
. Accident/injury reports .
. rJnemployment claims status report .
. Applicant pools .
F.STIMATED VOLUMES
. Number of employees = 350-600
��
Exhibit Q
ENGINEERING CADD
FUNCTIONAL OBJECTIVES:
�
. To drive a plotter to produce engineering drawings up to
and including at least size D ( 24 " x 36" ) .
, mo support survey activities .
. To support design activities for streets , sanitary sewers ,
and storm sewers .
INPUTS:
. 3 dimensional cartesion type coordinates in various forms .
OUTPUTS:
. Engineering drawings on vellum or mylar in ink and pencil .
�
�
Exhibit R
CITY OF CAPE GIRARDEAU, MISSOURI
Public Safety (Police/Fire )
FUNCTIONAL OBJECTIVES "'
. Records Management .
. Ability to identify calls for service by day, shift , or
other parameters .
. Ability to identify the number of calls received by hour of
day, day of week , or patrol area .
. Ability to analyze response time by patrol area and types
of calls (whether citizen initiated or police initiated and
whether emergency or non-emergency) .
. Ability to identify time consumed by hour of day, type of
� call , patrol area , and day of week .
. Ability to cross-reference names index based on such
information as name, social security number , case number ,
date , type of crime involvement, method of operation ;
fingerprint classification , alias or nickname, and certain
physical characteristics such as eyes, hair , weight ,
tattoos , or skin .
. Ability to analyze crime information by date , time of day,
day of week , type of premise, point of entry, method of ..�
entry, method of operation , property stolen, weapon used
and type, and patrol area .
. Ability to track stolen property by descriptive
characteristics .
. Ability to track offenses/incidents by victim name, and
provide pedigree information .
. Ability to search and display data concerning field
contacts , i . e . , by date, location, vehicle description, or
personal description .
. Ability to compile information required for monthly FBI
Uniform Crime Reports .
. Ability to summarize traffic summonses by violation type,
violator age, specific location, by month , date of week ,
hour of day, road conditions , and by high violation
locations . Also, must provide summary of tickets written
by officer with date and violation parameters .
. Ability to analyze traffic accidents by location, type of
accident , severity of accident , by month , day of week , hour
of day, rnad conditions , and other similar parameters .
Must also summarize accident by driver age, by alcohol or �
drug involvement, and by officer (with date and accident
severity parameters ) .
2 Exhibit R, Cont
CITY OF CAPE GIRARDEAU, MISSOURI
/'�,
Public Safety (Police/Fire ) , Continued
. Ability to list high accident locations ( highest to lowest )
for type of accident .
. Ability to compile information on warnings issued by month ,
violation type, and number of each . Also to include a
general summary by officer to include date and violation
parameters .
. Ability to compile information on parking tickets by
location, date , violation type, officer DSN, and
disposition .
' . Ability to track evidence and property stored at police
headquarters .
. Ability to categorize businesses and locations regarding
hazardous materials and conditions .
. Ability to identify and track fire history and incident by
type of fire, type of building, and geographic area .
,.-. . Ability to identify locations of water mains and hydrants .
. Ability to track annual fire and safety inspections .
. Ability to produce required State Reports to Fire Marshal .
. Ahility to identify phone numbers for businesses ,
. Ability to identify buildings with sprinkler systems .
. Ability to identify residences and businesses outside the
city limits who have paid fire protection .
INPUT
. Daily arrest and crime activity.
. Calls for service information .
. Traffic accidents and traffic violations .
. Fire activity .
. Fire inspector information .
�
`
�
\
' 3 Exhibit R, Cont
CITY OF CAPE GIRARDEAU , MISSOURI
Public Safety (Police/Fire) , Continued
�
OUTPUTS
. FBI IIniform Crime Reports .
. Calls for service summaries .
, Criminal activity by area , time, location, and M.O.
. Traffic accidents by location, accident type, time of day,
road conditions , etc .
. High risk/high loss fire locations .
. Fire history,
. Hazardous materi�ls profiles .
. State Fire Reports .
ESTIMATED VOLUMES
, 2 ,500 arrests per year .
,.J
, 2 , 300 motor vehicle accidents per year .
. 5 ,300 traffic summonses per year .
. 4 ,000 parking tickets per year .
. 7 , 500 other police reports per year ( 2 ,000 of which are
Part I crimes ) .
. 1 , 000 cases involving evidence storage per year .
V