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HomeMy WebLinkAboutPR 14650: LT SYSTEMS, INC. - SITE SUPPORT FOR A/S 400 COMPUTER SYSTEMSCity of Port Artl1 ur, Texas Finance Department To: Steve Fitzgibbons, City Manage~~J~ From: Rebecca Underhill, Director of n Date: April 8, 2008 Subject: Proposed Resolution 14650 RECOMMENDATION I recommend that City Council adopt proposed resolution number 14650 which authorizes a professional services contract with LT Systems, Inc. to provide site.support services for the City of Port Arthur's mainframe computer system. BACKGROUND The City has utilized this professional since 1993 for site support of the central A/S 400. Compu-Tech is now LT Systems, Inc. P.R.14650 JJA: 04/08/08 RESOLUTION NO. "A RESOLUTION AUTHORIZING THE ASSIGNMENT OF A PROFESSIONAL SERVICES CONTRACT TO LT SYSTEMS, INC. FOR SITE SUPPORT SERVICES FOR THE CITY OF PORT ARTHUR'S MAINFRAME (A/S 400) COMPUTER SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, The City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the Cit}~ of Port Arthur a professional services contract between the City of Port Arthur and LT Systems; Inc. to provide site support for the City's mainframe computer systems (A/S 400), in substantially the same form as Exhibit "A' ;and THAT a copy of said contract is attached hereto and made a part hereof as Exhibit "A' ;and. THAT a copy of the" caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED;.this day of April , 2008, A.D., at a Regular Meeting of the City Council of the City of Port Arthur; Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Terri Hanks, Acting City Secretary APPROVED AS TO FORM: ~ ~ Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons, City Manager PROVED AS TO AVAILABILITY OF FUNDS: Rebecca Underhill, Finance Director a rr:::; .:... _. .~ : _ _. THE STATE OF TEXAS § Exhibit "A" COUNTY OF JEFFERSON § CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into as of this day of April, A.D., 2008, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY" or the "OWNER") acting herein by its Mayor, duly authorized by Resolution on of the City Council, the City of Port Arthur and LT Systems Incorporated (hereinafter called the "CONSULTANT") acting herein by Alton Lassiter its President (Name and office or position) hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONSULTANT (1) to render certain technical and professional services hereafter described in "Scope of Services" or (2) perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. Employment of CONSULTANT The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. SCOPE OF SERVICES Consulting services shall be provided as follows: A. BASIC SERVICES (a) Description of Work: CONSULTANT will perform the work described belov<~: include the following services: SEE DESCRIPTION OF BASIC SERVICES ATTACHMENT "A" (b) Compensation: Consultant's compensation for Basic Services shall be as set forth in Paragraph 5. B. ADDITIONAL SERVICES (a) Description of Work: All work performed by CONSULTANT at request of OWNER which is not included in the Basic Services defined above, shall constitute Additional. Services. Unless included in said Basic Services, Additional Services shall include: Providing more than 30 hours per quarter in services. b. Compensation: CONSULTANT'S compensation for Additional Services shall be as set forth in Paragraph 5. 3. Time of Performance CONSULTANT will proceed immediately upon execution of this Contract with performance of the services called for under "Basic Services". CONSULTANT shall immediately submit to OWNER in writing evidence of delay satisfactory to the City Manager's reasonable discretion, upon which an extension of time equal to the period of actual delay shall be granted irr writing. 4. Information and Services to be Furnished CONSULTANT It is agreed that the CITY- will furnish, without charge,° for the use of the Contract, information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services". The CITY and its agencies will cooperate with the CONSULTANT in every way possible to facilitate. the performance of the work described in this Contract. 5.• Compensation and Method of Payment A. COMPENSATION CITY will pay CONSULTANT for work. performed and services rendered under Paragraph 2 "Scope of Services", (Basic Services and Additional Services) at the following rates: $9,000 per year for the Basic Services described in Attachment .."A". For additional services, the compensation will be $125.00 per hour. B. PAYMENT CONSULTANT will invoice OWNER quarterly at $2,250. OWNER agrees to pay CONSULTANT the full amount of each such invoice upon receipt or as otherwise specified in this Agreement. A charge of 1% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. 6. Records CONSULTANT shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the CONSULTANT for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. Ownership of Documents All documents, including original drawings, estimates, specifications, field notes and data are property of OWNER. CONSULTANT may retain reproducible copies. of drawings and other documents. 8. Professional Liability A. CONSULTANT shall be responsible for the use and employment of reasonable skill and care befitting the profession in the designs, drawings, plans, specifications, data, reports, and designation of materials, labor and equipment provided by CONSULTANT for the project covered by this Contract. .Approval by CITY shall not constitute nor'be deemed a release or waiver of the responsibility and liability of CONSULTANT for the accuracy and competency of such designs, drawings, plans, specifications, data reports and designation of materials and equipment. `B. If services include periodic visits to the site to inspect work performed by another Contractor, CONSULTANT is responsible for exercising reasonable care and skills befitting the profession to ,assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, CONSULTANT does not guarantee or insure the work completed by the Contractor. During visits to the construction site, and on the basis of the CONSULTANT'S on site observations as an experienced and qualified design professional, he will keep the CITY informed of the extent of the progress of the work, and advise the. OWNER of material and substantial defects and deficiencies in the work of contractors which are discovered by the CONSULTANT or otherwise brought to the CONSULTANT'S attention in the course of the project, and may, on behalf of the CITY exercise whatever rights the CITY may have to disapprove work and materials as failing to conform to the Contract documents. 9. Indemnification CONSULTANT shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws; rules and regulations; without limitation, CONSULTANT shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required. under the Social Security Worker's Compensation, and Income Tax Laws with respect to CONSULTANT'S employees. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY,. its officers, agents and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any plans, designs, drawings, or specifications furnished by CONSULTANT in the performance of this Contract. 10. Address of Notices and Communications OWNER: City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 ATTN: Rebecca Underhill CONSULTANT: LT Systems, Inc 501 Roanoke Port Neches, Texas 77627 All notices and communications under this contract shall be mailed or delivered to OWNER and CONSULTANT at the above addresses. 11. Captions Each paragraph of this Contract has been supplied with a caption to serve only as' a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 12. Successors and Assignments The OWNER and the CONSULTANT each binds himself and his successors, executors, administrators and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating anv personal liability on the part of any officer or agent of any public body which may be a party hereto 13. Termination of Contract for Cause If, through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination: In such event, all finished or unfinished documents, data, studies, survey, drawings, maps, models, photographs, and reports prepared by the CONSULTANT under this Contractor shall be turned over to the city and the consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Not. withstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONSULTANT and the CITY may withhold any payments to the CONSULTANT for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONSULTANT is determined. 14. Termination for Convenience of the City The CITY may terminate this Contract at any time by giving at least thirty (30) days notice in writing to the CONSULTANT. If the Contract is terminated by the CITY "as provided herein, the CONSULTANT will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the CONSULTANT, Paragraph 14 hereof relative to termination shall apply. 15. Changes The CITY may, from time to time, request changes in the scope of the services of the CONSULTANT to be performed hereunder: Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. 16. Personnel A. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. B. All of the services required hereunder shall be performed by the CONSULTANT or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted. without. the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 17. Reports and Information ~ ' The CONSULTANT at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be` incurred in connection therewith, and any other matters covered by this Contract. 18. Civil Ri¢hts No person shall, on the grounds of race, religion, color, sex or national origin, be excluded -from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the CITY. 19. Interest of CONSULTANT sad Employees The CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONSULTANT further covenants that in the performance of this Contract; no person having such interest shall be employed. 20. Incorporation of Provisions Required by Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. EXECUTED IN Two (21 counterparts (each of which is an original) on behalf of CONSULTANT by Alton Lassiter shown below, and on behalf of the PRESIDENT by its City Manager (thereto duly authorized) this day of April A.D., 2008. ACCEPTED: PROPOSED AND AGREED TO: OWNER: CONSULTANT: CITY OF PORT ARTHUR, TEXAS City Manager DA ATTEST: ATTEST:. City Secretary Officer or, Secretary APPROVED AS TO FORM: City Attorney ,Attachment "A" Proposal for Site Support Presented To City of Port Arthur, Texas Proposal Proposal to provide the City of Port Arthur with support, system configuration, manaeement, and PC connectivity to A/S 400. Annual cast $9,000.00. Bills to be submitted quarterly at $2,250 per quarter which includes 30 hours at the discount rate of $75 per hour. For additional services in excess of 30 hours, the rate will be $1'25 per hour. City of Port Arthur wilt provide: Provide for exclusive use of a dial-up line with 19.2 bps modem. LT Systems, Inc. will provide the following services as requested: Provide log of all services, provided Configuration and set-up of all new terminals and PC's, both local and remote; to be attached to the A/S 400. Operating System upgrades when made available by IBM. Advise on PC acquisitions and provide specifications for hardware purchases. Quarterly cumulative PTF maintenance. Install all new A/S 400 software and hardware related to the Police system. AS/400 System -Recommend and oversee purchase of all associated hardware. Write RFP's where necessary. Manage all WAN. and LAN connections to the A/S 400.