Loading...
HomeMy WebLinkAboutResolution - 2001-R0473 - Agreement To Develop Software Application - Hayco Consulting - 11/08/2001Resolution No. 2001-RO473 November 8, 2001 Item No. 25 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 HayCo Consulting, to develop a software application for the City of Lubbock, and all related documents. 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 City Council. Passed by the City Council this 8th day of November , 2001. Rr WINDY SIT�BN, MA 0' ATTEST: Rebecca. Garza City Secretary AS TO CONTENT: Claude Jones Interim Chief of APPROVED AS TO FORM: ham: --e i William de Haas Contract Manager/Attorney Dh/Ccdocs/HayCoConsulting.res October 31, 2001 Resolution No. 2001-RO473 November 8, 2001 Item No. 25 PERSONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement, (the "Agreement"), effective as of December 1, 1999, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule Municipal Corporation, and HayCo Consulting, a sole proprietorship, with its principal place of business located at 7409 Topeka Avenue, Lubbock, Texas (the "Contractor"). WITNESSETH WHEREAS, the City requires the services of someone to develop a software application that will streamline the process for capturing and accumulating the overtime for police officers, and WHEREAS, the Contractor is qualified to perform the required work, and WHEREAS, the City desires to contract with Contractor to develop the required software, and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption until March 31, 2002. ARTICLE II. COMPENSATION A. General. Contractor shall be paid by the hour at the rate of Fifty and no/100 Dollars ($50.00) per hour. Payments shall be made as work is performed. B. Invoices. Contractor shall provide invoices itemizing the hours worked by date and subject matter. Personal Services Agreement, City of Lubbock & HayCo Consulting Page 1 ARTICLE III. TERMINATION A. General. In the event the Contractor breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. B. Termination. City may terminate this Agreement for any reason with fourteen (14) days notice to the Contractor. ARTICLE IV. SCOPE OF WORK A. General. Contractor shall develop a tool that will be used to streamline the process of capturing and accumulating time worked (both standard and exception time) by police officers and provide a mechanism for input into the JDE payroll system. The tool will be based on technology resident in MicroSoft Office products, including but not limited to MicroSoft Excel and MicroSoft Access, as well as commercially available hardware. The tool must encompass all events and shifts currently implemented by the Lubbock Police Department. B. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials provided by Contractor pursuant to this Agreement satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to perform this duty. C. Performance. Contractor will and shall conduct all activities contemplated by this Agreement in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to invention development services, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. ARTICLE V. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Agreement as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. Personal Services Agreement, City of Lubbock & HayCo Consulting Page 2 ARTICLE VI. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE VII. INDEMNITY City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement. ARTICLE VIII. COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE IX. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Agreement 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 so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: Hayco Consulting Attn: Tom Haymes 7409 Topeka Avenue Lubbock, Texas 79424 Telephone: (806) 797-2462 Personal Services Agreement, City of Lubbock & HayCo Consulting Page 3 are: C. City's Address. The City's address and numbers for the purposes of notice City of Lubbock Attn: Randy McGuire Lubbock Police Department 916 Texas Avenue Lubbock, Texas 79401 Telephone: (806) 775-2759 Facsimile: (806) 775-2662 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 Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE X. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Assignability. Contractor may not assign this Agreement without the prior written approval of the City. C. Successor and Assigns. This Agreement binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. D. Construction and Venue. THIS AGREEMENT 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. E. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. Personal Services Agreement, City of Lubbock & HayCo Consulting Page 4 F. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly executed by the Contractor and City. AtL G. Entire Agreement. This Agreement, ' , contains the Entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK 434 Agz---� WINDY SI TON, MAYOR ATTEST: Re ecca Garza City Secretary APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Personal Services Agreement, City of Lubbock & HayCo Consulting Page 5