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HomeMy WebLinkAboutResolution - 6252 - Agreement - Orcom Solutions Inc - UBCIS - 04_08_1999Resolutiou No. 6252 Item No. 27A April 8, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Orcom Solutions, Inc. of Bend, Oregon to complete the due diligence for the replacement of the City's Utility Billing Customer Information System. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of _ ril 1999. MAYOR A ST: ,- - IW&U I Ka Darnell, City Secretary APPROVED AS TO CONTENT: harlettChownin9 Information Technology Manager APPROVED AS TO FORM: Knight Assistant City Attorney cp Ccdocs/Orcom.Res April 1, 1999 Resolution No. 6252 Item. No. 27A April 8, 1999 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK AND ORCOM SOLUTIONS, INC. STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is between the CITY OF LUBBOCK (herein called "City") and ORCOM SOLUTIONS, INC., (herein called "Contractor"). WHEREAS, City is in need of professional services in support of City of Lubbock Information Technology; and WHEREAS, the City desires to contract with The Contractor to complete due diligence for the replacement of the City's Utility Billing Customer Information System. NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. Objective Contractor will provide a completed Statement of Work (SOW) and give the City a not to exceed price for the project. B. Contractor's Responsibilities 1. Contractor will conduct a technical examination of the current CIS environment, assessing the structure of the system noting any setup and operational efficiency that can be improved. 2. Contractor will investigate specific areas of concern identified by Information Technology staff. 3. Contractor will perform or assist in remediation of problems as agreed between Contractor and City Information Technology staff. 4. Contractor will prepare a finalized "not to exceed" price for the replacement of the CIS scheduled to begin in June 1999. C. City's Responsibilities 1. City agrees to pay contractor a fixed fee of $50,000 plus expenses. Payment is due upon delivery of SOW and a "not to exceed price" contract. 2. City agrees to provide appropriate work place accommodations, access to available data, and necessary access to personnel. II. TERM OF AGREEMENT This Agreement shall become effective as of the date signed and shall remain in effect until the completion of the due diligence phase or May 25, 1999, which ever comes first. III. NOTICES A. General Whenever notice from contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is deposited. B. Contractor's Address C. City's Address Contractor's address and numbers for the purposes of notices are: Orcom Solutions, Inc. 1001 SW Disk Drive Bend, OR 97701 Telephone: (541) 389-8267 Facsimile: (541) 389-0120 The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Sharlett Chowning P.O. Box 2000 916 Texas Avenue Lubbock, TX 79457 Telephone: (806) 775-2399 Facsimile: (806) 775-3033 D. Change of Address Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15'h day after such notice is given. IV. GENERAL CONDITIONS A. General Compliance Contractor agrees to comply with all applicable federal, state, and local laws and regulations relating to the services provided under this contract. B. Independent Contractor Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. C. Property of City The SOW and the specifications furnished by Contractor or contractor's agents shall be and remain the property of the City. D. Assignment The obligations under this Contract shall not be assigned without prior written approval of the City. E. Construction and Venue This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The parties hereto hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the State of Texas, County of Lubbock, for the purposes of all legal proceedings arising out of or relating to this Contract or the actions that are contemplated hereby. F. Amendments City or Contractor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and are approved by the City and the Contractor. G. Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter. Approved and signed in duplicate this 8th day of April, 1999. OF LUBBOC ORCOM SOLUTIONS, INC. Y . 9- 6Z2 /--;, WINDY S ON Mark Crapeau Mayor Executive Vice President, Orcom Solutions, Inc. ATTESTED TO: APPROVED AS TO FORM: Kayt ' arnell ohn M. Knight City Secretary Assistant City Attorney APPROVED AS TO CONTENT: I c Sharlett Chowning Information Technology Manag