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HomeMy WebLinkAboutResolution - 4903 - Agreement - Clancy Systems International Inc - Computer Equipment - 07/27/1995Resolution No. 4903 July 27, 1995 Item X66 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, attached herewith, by and between the City of Lubbock and Clancy Systems International, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of ATTEST: Betty A JohnsorY, City Secretary APPROVED AS TO CONTENT: July 11995. Thomas W. Tuning, Director o Information and Communication Services APPROVED AS TO FORM: D6nald G. Vandiver, First Assistant City Attorney DGV:da/ccdocs/a-clancy. res July 12, 1995 Resolution No. 4903 AGREEMENT BETWEEN Clancy Systems International, Inc. 2250 S. Oneida #308 Denver, Colorado 80224 and The City of Lubbock, Texas Municipal Court 915 Avenue J Lubbock, Texas 79401 This Agreement made and entered into this 1st day of August, 1995, by and between the City of Lubbock, Texas, hereinafter referred to as the "City" and Clancy Systems International, Inc., hereinafter referred to as the "Company". WHEREAS, the volume of parking violations now being issued and handled by the City has reached a level that an automated system for the issuance and processing of parking citations may be cost effective; and WHEREAS, the Company is in the business of providing a computerized parking control and enforcement systems that may prove to be effective and compliment the City's parking operations; and WHEREAS, the City desires to implement an automated parking citation writing and enforcement system; and WHEREAS, the Company has evidenced a willingness to install and implement its system at the City on a service contract basis. NOW, THEREFORE, in consideration of mutual covenants, promises and agreements herein set forth, it is agreed as follows: PORTABLE DATA ENTRY EQUIPMENT The Company will provide all portable data entry terminals and accompanying printers for use by the Parking Enforcement Officers in the field. There shall be one unit for each officer plus on site spares. OFFICE COMPUTERS AND OTHER EQUIPMENT The Company will provide and lease to the City all computers, printers, storage and charging racks, and all equipment needed to support the office data acquisition and data processing tasks. SUPPLIES The Company will provide all preprinted citation forms, and payment envelopes, batteries, and printer ribbons if a Clancy printer is used. EQUIPMENT WARRANTY The Company unconditionally warrants all equipment. At any time during the contract, or any renewal thereof, Company will provide for repair or replacement of equipment regardless of the reason for malfunction, even if from misuse, without cost. On site spares will be provided in addition to the required number of portable data entry units with printers during the term of the contract and any renewal thereof. The City recognizes that the field units are computers and printers, and, although ruggedized for portable use, these items do require care to ensure the integrity of same. The user shall take required measures to protect from frequent drops, exposure to extreme weather conditions and at all times treat the equipment with respect. The Company will provide special mounts, mounting materials and plastic covers upon the request of the City. INSTALLATION Company will install the System (System is defined herein as all hardware described above or listed on any exhibit and all custom software for ticket issuance, processing and management). The initial installation and training period shall include a Company representative on site at the City for 3 business days. SOFTWARE The Company will produce all custom programming and procedures for both the office computers and data entry terminals to reflect the City's requirements. Company personnel will devote such time as is necessary to familiarize themselves with the City's protocol for citation generation and the general geography and logistics of the City. . Company will provide ticket management software meeting the City's requirements including ticket management reports, complaint generation, notices, permit information management, as well as other reports as required. Company shall put forth best efforts to deliver the initial system software and any additional software provided to, or developed for the City in error free form. Company shall promptly debug and correct any deficiencies upon notice of defect from the City. SITE LICENSE By execution of this contract and any extensions thereof, the City is granted a site license and lease to use the system software and any modifications or customization thereof to operate its computerized parking citation issuance and management operations. This software is protected by both United States copyright law and international treaty provisions. Clancy grants the City the right to make archival copies of the software for sole purpose of backing up and protecting your data from hazard or loss. You may not give copies to another person, City, organizations or duplicate the software by any other means including electronic transmission. In the event the City should be held liable under patent or copyright laws by reason of using the equipment or software that is the subject of this contract, Clancy hereby agrees to hold the City harmless from any such claims or damages. The statements in this section of the contract shall be construed, interpreted and governed by the laws of the state of Texas. CONSULTING SERVICES Company agrees to be immediately available for consultation by telephone when required. With 5 business days notice, a representative can be available at the City for consultation if/when required. UPDATES Company will provide updating and improvements to the system as needs arise and as new technology becomes available. Such updates shall include hardware upgrades, software updates and software enhancements and will be provided at no additional cost to the City. Software updates and enhancements shall be delivered by diskette or be loaded directly on-line by modem transfer. TRAINING Company will provide training for officers who will be using the ticket issuance devices in the field and for all personnel who will work on system management on the PC computer(s). SUPPORT Company shall provide ongoing system support for the term of the contract and any renewal period thereof. Support shall include telephone support (24 hours per day), on-line modem support, overnight delivery of critical materials, and on-site visits as required. ACCESS The City will provide the Company with reasonable and appropriate access to both the officers writing parking tickets and to data processing personnel who will be using the computer systems. PAYMENT The City agrees to pay fifty cents ($.50) for each valid citation issued (a valid citation is a citation that has been placed on the vehicle). If the City chooses to have the Company provide a computer and printer, this shall be billed at $125 per month for each computer installed. NON-DISCRIMINATION CLAUSE Company agrees not to discriminate against any employee or applicant for employment because of age, race, creed, color, sex, national origin or ancestry. Company shall take affirmative action to insure that employees are treated without regard to their age, race, creed, color, national origin, sex or ancestry. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, of pay or other forms of compensation and selection for training, including apprenticeship. In the event of Company's non-compliance with this non- discrimination clause, the contract may be canceled or terminated by the City. Company may be declared by the City ineligible for further contracts with the City until satisfactory proof of intent to comply shall be made by the Company. Company agrees to include this non-discrimination clause in any subcontracts connected with the performance of this agreement. ANTI-APARTHEID CLAUSE Company hereby certifies that the Company, and all subcontractors of the Company, in order to provide the goods or services required under this contract have not to date, and will not, as of the time of the award of the contract herein presented, or during the life of the contract, provide goods or services, including computer hardware, software or technology, to any agency of the national government of the Republic of South Africa, Namibia, or any of their political subdivisions or agencies, including but not limited to the military, police, prison system or Department of Cooperation and Development of the Republic of South Africa. Company further certifies that the Republic of South Africa, Namibia or a national corporation of either (defined as a company more than 50% owned by the government of the Republic of South Africa or Namibia) will not be utilized by the Company in order to provide any of the goods or services required under this contract. NOTICE Any written notice provided for hereto shall be deemed properly mailed and delivered when the same is deposited in the United States mail, postage prepaid and properly addressed to the party to whom such notice is directed. Proper address of the two parties shall be as follows: The City: City of Lubbock Municipal Court Administration 915 Avenue J Lubbock, Texas 79401 Company: Clancy Systems International, Inc. 2250 S. Oneida #308 Denver, CO 80224 PROPERTY TAX, SALES TAX, USE TAX, EXCISE TAX, OTHER SPECIAL LICENSES Any property tax due on the hardware placed on City premises for use by the City shall be the responsibility of the City in such event that the City does not have tax exempt status. Should the City fall under tax exempt status provisions, such hardware shall fall under such provisions. Any applicable sales tax, use tax, excise tax or other special taxes or licensing requirements shall be paid directly by the City to the proper taxing agency. Clancy shall not be required to collect, file and transmit such taxes on behalf of the City. OWNERSHIP All hardware, software and source code shall at all times remain the exclusive property of Clancy Systems International, Inc. CITY PROVIDED RESPONSIBILITIES The City shall be responsible for providing the following items: 1. Desk or table top space to accommodate field units. 2. A dedicated modem telephone line. 3. A staff person assigned as the system administrator. This person shall be given in depth training, shall be the liaison between the Company and the City, and shall have the responsibility of operating the system and providing training to new personnel. TERM OF AGREEMENT The term of this Agreement shall the 2nd day of October 1995, and 1996. Thereafter, upon mutual Agreement may be extended for periods on terms and conditions be for twelve months commencing ending the 30th day of September agreement of the parties, this additional twelve (12) month o be agreed upon by the parties. It is hereby agreed, that this Contract shall take effect, and remain in force and effect, from the date of the execution hereof, and further this Contract may be terminated at any time, by either party, upon the giving of thirty (30) days notice, in writing to the other party. Charges will be prorated for any portion of a month that equipment is in place should such cancellation occur. ENTIRE AGREEMENT It is expressly understood and agreed by the parties hereto that the provisions embodied in this Agreement contain all covenants, agreements, obligations and stipulations agreed upon by the parties and upon execution thereof. This Agreement may be modified or amended at any time by mutual agreement in writing of the parties. This Agreement shall be executed in multiple counterparts each of which shall be deemed an original. This Agreement shall inure to the benefit of and shall be binding upon the City, the Company and their respective successors and assigns, if such assignment has been approved by both parties. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. In Witness Whereof, the parties have hereunto set their hands and seals. SEAL ATTEST: ecretary SEAL ATTEST: &tv" Betty Johns , City Secretary CLANCY SYSTEMS INTERNATIONAL, INC. P i nt Approved as to content: Thomas W. Tuning, Direct f Information and Communi ion Services Approved as to form: \ „n bald G. Vandiver, First Assis City Attorney Exhibit A Hardware and Software Schedule Hardware Field units for ticket issuance On-site spare units Charger/communication cradles (each holds 4 field units) PC Computers Computer Printers Software Ticket Issuance software for field units Communications software Ticket processing and management software Report generation software Supplies Citation Forms Envelopes Batteries Cables/connectors Pre -addressed airbills for shipment of field units for repair