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HomeMy WebLinkAbout1982-01-19; City Council; Resolution 67631 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AWARDING THE CONTRACT FOR THE INSTALLATION OF VARIOUS SOFTWARE APPLICATIONS TO RESPONSIVE DESIGN , INC. WHEREAS, the City of Carlsbad currently owns a Hewlett-Packard computer system; and WHEREAS, the City desires to install certain applications on this existing system; and WHEREAS, the City has requested proposals from various firms capable of providing such applications; and WHEREAS, the City has evaluated these proposals and has found the proposal submitted by Responsive Design , Inc. to most closely meet the City's needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California that the proposal of Responsive Designs, Inc. is hereby accepted and the Mayor is hereby authorized to enter into the attached contract for said services. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 19th day of JanuarY , 1982 by the following vote, to wit: AYES: NOES: None Council Eerrbers Packard, Casler, hear, Lewis and Kulchin ABSENT: Nme s RONALD C. PACKARD, MAYOR ATTEST : A (SEAL) CONTRACT BETWEEN CITY OF CARLSBAD AND RESPONSIVE DESIGN, INC. FOR PURCHASE OF APPLICATION SOFTWARE - THIS AGREEMENT is made and entered into this dDz?Aa. day,of \zMH-d , 1982, by and between RESPONSIVE DESIGN, INC. / hereinafter referred to as "RESPONSIVE DESIGN", and the CITY OF CARLSBAD, as a California muni c i p a1 corporation, "CITY" . RECITALS hereinafter referred to 1. CITY has determined that it has an immediate need to acquire various software applications. 2. In response to a request for proposal RESPONSIVE DESIGN submitted its proposal which was deemed by CITY to be in the best interest of CiTY. 3. RESPONSIVE DESIGN is able to provide the necessary soEtware systems from public domain and proprietary sources to CITY pursuant to this agreement. THEREFORE, CITY and RESPONSIVE DESIGN, in c on s i der a t ion of the terms contatned herein, mutually agree as follows: .%R T 7: c L F f DGFINITIOFJS 1.1 The following terms, used herein and in the Exhibits hereto, shall have the following meanings: A. "Applica'' Lion So f t war e means such software or programs, documentation, and other tangible or intangible information, designed, developed or provided RESPONSIVE DESIGN described in a 0 Exhibit "A" , attached hereto and incorporated herein by reference. B. "Application Software Support" is primarily a - consultation service provided by RESPONSIVE DESIGN. C. "Delivery Date" means the date at which all of the elements of application software, as described in Exhibit "A" are installed at the CITY and are proven to be in operating condition. D. "Hardware" means the existing Hewlett Packard 3000-30 computer system in existance on the CITY'S site as of the date of this contract, E. "Product" means the entire software system being developed and utilized by and between RESPONSIVE DESIGN and CITY. F. "System Software" means software designed, developed and provided by the manufacturer of the hardware for utilization with said hardware. ARTICLE 2 PURPOSE 2.1 The purpose of this Agreement is to provide for the purchase by CITY of application software, installation and user training by RESPONSIVE DESIGN. In consideration of payment to be made by CITY as provided in Exh'ibit A, RESTONSIVE DESIGN agrees to riesiga, ?'"core, install arnd maintain the application software. ARTICLE 3 CONTRACT DOCUMENTS 3.1 The Contract Documents consist of this Agreement and all Exhibits attached hereto. All rights and obligations of CITY and RESPONSIVE DESIGN are fully set forth and described in said Contract Documents. Each of the above-mentioned documents is intended to complement the other in that any software or service called for in one document and not mentioned in the others or vice versa, is to be provided the same as if mentioned in all of said documents. the documents regarding specifications or requirements, this Agreement and all Exhibits attached hereto shall supersede all prior understandings or documents. No representation or promise hereafter In the case of conflict among made by a party, nor any modification or amendment of the Agreement, shall be binding upon either party unless in writing and signed on behalf of each by duly authorized representatives. ARTICLE 4 TERM OF AGREEMENT 4.1 This Agreement shall commence on the date first above written and shall continue in full force and effect thereafter as Long as there is a license for use of the Products furnished hereunder in effect. 4.2 In the event of any material breach of this Agreement by either party hereto, the party may (reserving cumulativefy all other remedies and rights under this Agreement and in law) terminate this Agreement in whole or in part by giving thirty (30) days prior --ri n,L,L,n f r 3 nselcs herz:~; provided, however, that this Agreement shall 4.3 Either party may terminate this Agreement without cause by giving ninety (90) days advance written notice to the other party. ARTICLE 5 PAYMEXTS 5.1 CITY agrees to pay RESPONSIVE nESIGM upon submission of appropriate invoices therefore, for performance by RESPONSIVE DESIGN of its obligations set forth in this Agreement. Payment of - application software costs, together with such other charges as may be incurred or payable from time to time by CITY under the terms provided for herein shall be made by CITY at the times and in the amounts set forth in Exhibit "A". CITY agrees to pay all license fees, registration fees, assessments, taxes or other charges, however designated, levied, based or imposed by a municipal, state or federal body or authority, upon the total system cost or any part thereof, or upon this Agreement or any term or provision thereof. flowever, the quoted price shown in Exhibit "A" is inclusive af any and all applicable California sales taxes. 5.2 The charges contained herein in Exhibit "A".and Article 8 are the total of all charges to be made under this contract and unless specifically to the contrary provided elsewhere herein, no additional charges shall be claimed by RESPONSIVE DESIGN for the product, or any element thereof, including executable (object) code, source code, documentation, training, copies of materials, assistance in installation, error correction, minor upgrades, maintenance, or expenses for a-ny orher material or service to be performed hereunder, ARTICLE 6 PRODUCTS AND SERVICES TO BE PROVIDED BY RESPONSIVE DESIGNS 6.1 RESPONSIVE DESIGN will provide CITY all the components of the application software described in Exhibit "A". 6.2 Application software installation is defined as the installation of RESPONSIVE DESIGN application software on CITY'S equipment and execution of all modules of each application systems -4- I 0 * '.. (I with RESPONSIVE DESIGN test data and additional rest data prepared jointly by CITY and RESPONSIVE DESIGN to test specific CITY requirements. .. 6.3 Comprehensive user training in each of the financial, payroll, and utility systems applications will be provided by RESPONSIVE DESIGN. Training will include two days of in-service consultation by Sam Adams, Data Processing Manager, Tulare County Department of Education, The obligation of RESPONSIVE DESIGN is to train a designated city employee in each of the financial, payroll, and utility systems applications in such a manner that will allow the designated city empolyees to operate the specified systems applications in a competent manner producing accurate system output. ARTICLE 7 APPLICATION SOFTWARE LICENSE 7.1 RESPONSIVE DESIGN hereby acknowledges that it has proprietary interest in and is possessor of the application software referred to herein or has obtained public domain software in the name of "CITY" for all application software described in Exhibit "A" hereto. RESPONSIVE DESIGN hereby grants to CITY a non- excLusive, royalty free, perpetual license, for its own use, for all proprietary application software described in Exhibit "A". 7.2 RESPONSIVE DESIGN warrants that it is the sole owner of the proprietary systems and has full power and authority to grant the rights herein described without the coosent of any other person and will indemnify and hold CITY harmless from and against any loss, cost, liability and expense (including reasonable counsel fees) arising out of any breach or claimed breach of this warranty presented by a third party. d '/ -5- l transferred does not infringe upon or violate any patent, copyright, trade secret or any other proprietary right of any third party; in the ._ event of any claim by any third party against CITY, CITY shall promptly notify RESPOWSIVE DESIGN and RESPONSIVE DESIGN shall defend such claim, indemnify CITY against any loss, cost, expense or liability arising out of such claim, whether or not such claim, is successful. in CITY'S name, but at RESPONSIVE DESIGN expense and shall 7.4 Except as otherwise provided herein, city expressly agrees that it will not sell, lease, assign or in any way transfer such proprietary application software system or any rights herein to any person, partnershio, corporation or other entity. ARTICLE 8 APPLICATION SOFTWARE SUPPORT 8.1 RESPONSIVE DESIGN will provide maintenance programming to the CITY for a period of up to twelve agreeable to both parties. exceed the average hourly rate charged to all other RESPONSIVE DESIGN customers for said service. (12) months or a basis The hourly rate for this service shall not ARTICLE 9 COPYRIGHT LICENSE 9.i RESPONSIVE DESIGN hereby grants to CITY a non- exclusive, royalty free, perpetual license to make copies, for its own use, of any documentation or user manuals delivered hereunder by XESPONSIVE DESIGN to CITY. -6- 8 ARTICLE l0 CONFORMANCE WITH SPECIFICATIONS 10.1 Each software component supplied hereunder will conform to the software specification respecting such component, attached as Exhibit "A" in all respects, including but not limited to, operating performance, documentation quality, like. In this regard, RESPONSIVE DESIGN warrants that the software packages are designed to and will meet the functional and performance compatibility, modularity and the specifications described in Exhibit "A". ARTICLE 11 DEFINITION OF DOCUMENTATION 11.1 RESPONSIVE DESIGN will furnish CITY with all available documentation as part of the software packages to be delivered hereunder. 11.2 If the documentation is revised at any time or if additional documentation is respect to any package, during the tern of comprehensive software support, RES?ONSIVE DESIGN, shall, forthwith upon publication, developed by RESPONSIVE DESIGN with deliver to CITY such revised or additional documentation. ARTICLE 12 SYSTEX YODIPlCATIONS AND LICENSE. TO USE SUCB MODIPICATIONS 12.1 Modifications of the systems covered under this Agreement, subsequent to the installation of any system, or subsequent to its availability for installation, i.e., modifications that are over and above the specifications for said systems set forth in Exhibit "A" and the User's Manuals referenced in Article 2, will be covered under a separate agreement executed between CITY and .. .. 0 RESPONSIVE DESIGN and are, therefore, not part of this Agreement. 12.2 RESPONSIVE DESIGN hereby grants to CITY a perpetual non-exclusive.license to use any modifications developed by RESPONSIVE DESIGN under an agreement referenced in Section 12.1 herein above. ARTICLE 13 DATA PROCESSING REPRESENTATIVE 13.1 CITY will designate one or more of its employees as its Date Processing Representative(s), who, during the term hereof and any extensions or renewals hereof, shall formulate priority guidelines for data processing operations and systems development, coordinate the implementation, and monitor the progress in the improvement of CITY'S data processing system. CITY shall make available to RESPONSIVE DESIGN, upon request, existing CITY personnel to assist RESPONSIVE DESIGN in defining existing procedures and in identifying projected needs of the data processing system and shall make such other management decisions as are reasonably required by the CITY in the performance of this Agreement. ARTICLE 14 ON-LINE TERMINAL OP ERATI ON 14.1 CXTY is responsible for designating persons capable of snc~essful~y zo;n:ecinp the terminal and computer orientation and training to efficiently and effectively use the application systems 2nstalled by RESPONSIVE DESIGN. All production data entry using the on-line terainals will be the responsibility of CITY. RESPONSIVE DESIGN shall not be penalized by withholding payment for excessive CITY employee turnover or problems in scheduling its employees for training or production input. to ARTICLE 15 SYSTEM SECURITY AND ACCESS 15.1 CITY shall be entirely responsible for the security of data and programs accessible through on-line terminals. Utilization of access security codes and control of authorized user lists shall be monitored by CITY'S Data Processing Respresentative(s). ARTICLE 16 INSTALLATION AND OPERATION SCHEDULE 16.1 Application software shown in Exhibit "A" shall be completed in accordance with the Schedule out lined in Exhibit "B", attached hereto and incorporated herein by this reference. 16.2 CITY, at RESPONSIVE DESIGN request, will submit such test data an2 materials as may be specified and requested by RESPONSIVE DESIGN which is necessary in order to enable RESPONSIVE DESIGN to test all aspects of any applications, improvements, or systems to be developed hereunder prior to the utilization of such improvements Oi new systems by city. 15.3 System installation in this Agrement is defined as the installation of the systems on CITY'S equipment and execution of all portions of the syste~s with RESPONSIVE DESIGN test data supplied by CZZY ITS XZS33?fSIYZ DSSTGN to the mutual satisfaction of CITY and RESPONSIVE DESIGN . ARTICLE 17 QUIET ENJOYMENT 17.1 CITY shall be entitled during the term of this perpetual. license to use the software packages without disturbance. RESPONSIVE DESIGN represents that this Agreement is not subject or -9- e 0 subordinate to any right of RESPONSIVE DESIGN creditors, or if such subordination exists, that the Agreement or instrument creating the same provides for non-disturbance of the user so long as it shall not be in default hereunder. ARTICLE 18 CONFIDENTIALITY OF INFORMATION 18.1 RESPONSIVE DESIGN will maintain as confidential all CITY data and will adopt such measures as those adopted by the CITY for its own employees to insure that such information remains confidential. However, RESPONSIVE DESIGN shall not be required to regard as confidential any information which has ceased to be confidential by some action of CITY, or which is or comes into the public donrain by operation of law. Neither shall RESPONSIVE DESIGN be required io maintain the confidentiality of any ideas, concepts, or techniques relating to data processing submitted to RESPONSIVE DESIGN or developed by RESPONSIVE DESIGN personnel or jointly by RESPONSIVZ DESIGN and CITY personnel during the term of this Agreement. 78.2 It is agreed that the services to be performed by Y-ES?ONSIVS 3ESIGN hereunder are for the sole use and benefit of CITY. CTTY s:l?li ap2I.y reasonable means to ensure that the Product programs, or any ?ortion thereof; on magnetic tape or disk or in any . other fora, and related documentation are not reproduced, copied, printed, disclosed or made available by CITY or by any of its employees to any other person, firm or corporation. -10- 18.3 CITY warrants that all CITY employees having access to the products under this Agreement shall assume the same responsibility - for non-disclosure of inside information relative to the proprietary portions of the RESPONSIVE DESIGN systems. ARTICLE 19 SOURCE CODE 19.1 CITY shall be provided source code for all application software, both public domain and proprietary, at no additional charge, ARTICLE 20 RIGHTS UPON TERMINATION 20.1 In the event of termination by either party, CITY shall retain the right to the continued use, on a non-exclusive basis of the application software in possession of CITY as of the date of termination provided, howj.ever, that in the event of cancellation of this- Agreement by CITY, RESPONSIVE DESIGN shall have no obligation to sell, give or otherwise trznsfer to CITY rights or interest in future application software or source code of the software systems. 21.2 In the event that RESPONSIVE DESIGN shall, for any reason, cease to conduct business during the term of this Agreement, the non- exclusive and continuing right to use the application software delivered to CITY at ='ne tine of entering the Agreement shall automatically and without notice pass to CITY free of any additional costs. CITY shall., subsequent to such business termination, have the right to maintain and to modify as it sees fit, all software but not the right to sell, transfer use for others not included in this contract proprietary software applications. or ARTICLE 21 DEL I VE RY 21.1 Each software package, all documentation, and the necessary installation assistance shall be delivered at the times and in the order described in Exhibit "B". The delivery date shall be deemed ta have been met upon constructive use by CITY. Constructive use includes but is not limited to utilization by CITY of primary outputs such as paychecks, Pinancial reports, warrants, water bills, business tax certificates, and budgets in lieu of its current practices. 21.2 If a delivery date as defined in Article 16 is delayed for more than thirty (30) days after the scheduled delivery date as set forth in Exhibit ''B '' a reason of RESPONSIVE DESIGN failure to deliver and excluding any period of time by which the CITY shall have the right to cancel the undelivered portion of that package. Upon such cancellation, CITY shall be immediately reimbursed all monies paid by CITY for said package or otherwise credited as agreed upon by CITY in writing. ARTICLE 22 TITLE TO PRODUCTS 22.1 Title and full ownership rights to the Proprietary products licensed undzr this Agreement remain with RESPONSIVE DESIGN. The Products Dnce deve?~?ed un5er this Agreement and licensed under this AgreemenC are agreed to be RESPONSIVE DESIGN proprietary information and trade secrets whether or not ally portion thereof is or may be validly copyrighted or patented. 22.2 CITY'S rights in and to the Products, as'a result of this voluntarily by operation of law or otherwise without RESPONSIVE DESIGN'S prior written consent. ARTICLE 23 RISK OF LOSS, DAMAGE OR DESTRUCTION 23.1 After the date of installation of each Product furnished hereunder, CITY shall be responsible for protecting said Product from risk of loss, damage or destruction. In the event of such loss, damage or destruction to hereunder, such Products the Products lost, or to additional Products furnished damaged OK destroyed shall be replaced RESPONSIVE DESIGN, from the most currect available backup copy upon written request by CITY, and CITY shall pay therefore at RESPONSIVE DESIGN'S then current billing rate for such replacement services. 23.2 Notwithstanding the provisions of Section 23.1, CITY shall .- not be required to Pay RESPONSIVE DESIGN for replacement services if the loss, damage or destruction occasioning such replacement services is caused by the fault or negligence of RESPONSIVE DESIGN. ARTICLE 24 LIMITATION OF LIABILITY 24.1 RESPONSIVE DESIGN shall be liable for and shall indemnify against loss or damage arising from the fault or , its officers, employees, agents and reprssentatives. In no event shall RESPONSIVE DESIGN'S liability under the provisions of tSis Section 24.1 exceed the total prices paid or payable by CITY under the terms of this Agreement, except as provided hereinbelow. 24.2 CITY shall be liable for and shall indemnify and hold RESPONSIVE DESIGN harmless against any loss or damage arising from the fault or negligence of CITY, its officers, employees, agents and ~ -13- ?' representatives. In no event shall CITY'S liability under the provisions of this Section 24.2 exceed the total proces paid or payable by CITY under the terms of this Agreement, except as provided hereinbelow. 24.3 Notwithstanding any limitation of liability set forth elsewhere in this Agreement, RESPONSIVE DESIGN agrees to indemnify and hold CITY Harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) associated with any claim or action against CITY, for infringement of any patent, copyright or similar property right, arising from the use by CITY of Products furnished hereunder, whether unmodified or modified, or any other materials furnished to CITY hereunder; and RESPONSIVE DESIGN further agrees to defend CITY with counsel selected by RESPONSIVE DESIGN and approved 3y CITY against any such claim or action at RESPONSIVE DESIGN'S expznse. CITY will use its best efforts to notify RESPONSIVE DESIGN in writing within thirty (30) days after receipt of notification of any such clain or action. RESPONSIVE DESIGN will use its best efforts to give CITY prompt written notice of any such claim or action against RESPONSIVE DESIGN or any other user of Products hereunder or any other materials furatshed by CITY, provided RESPONSIVE DESIGN knows of such claim or action. 25.2 ::+it>.e; par~y shall be liable to the other for any consequential Oamr-rges. ARTICLE 25 FORCE MAJEURE 25.1 Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control and without the fault of such party. Such acts shall include but not be liinited to acts of God, strikes, lockouts, riots, acts of war, epidemics, government regulations superimposed after the fact, fire, communication line failures, earthquakes or other disasters. ARTICLE 26 SURVIVAL BEYOND COMPLETION 26.1 The terms, provisions, representations and warranties contained in this contract shall survive the delivery of the software and the payment of the purchase price. ARTICLE 27 BREACH - REMEDIES 27.1 RESPONSIVE DESIGN shall be in breach of the Agreement, and the Agreement be rescinded CITY written notice, and all monies paid shall immediately be returned to CITY by RESPONSIVE DESIGN upon the breach by RES720NSIVE DESIGN of any of the representations or warranties contained herein. In addition to the right of recission, CITY shall have all other rights and remedies provided by the Agreement or by applicable law. ARTICLE 28 COMPLIANCE WITH ALL LAWS 28.1 Each party agrees that it will perform its obligations herc~indsr 51 acc~riance vith all applicable laws, rules, and regulations now or hereafter in effect. ARTICLE 29 PROHIBITED INTERESTS 29.1 No official Of the CITY wh 0 is authorized in such capacity and on behalf of the CITY to negotiate, make, accept or approve or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the implementation of this system, shall become directly or indirectly interested personally in this Agreement or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. ARTICLE 30 WAIVER 30.1 No term or provision hereof shall be deemed waived and no breach excused, signed by the unless such waiver or consent shall be in writing and party claimed to have waived or consented. consent and party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. ARTICLE 31 ASSIGNMENT AND BINDING EFFECT 31.1 Except as otherwise provided herein, this Agreement inures to ;he benefit of arrd is binding upon the parties hereto and their respective successors and permitted assigns. Agreement 5y either party shall be effective without the written consent No assignment: of this of the other party. 0 0 ARTICLE 32 SEVERABILITY 32.1 The invalidity or unenforceability of any particular provisions of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions have been omitted. ARTICLE 33 ENTIRE AGREEMENT 33.1 This Agreement, together will all Exhibits hereto, constitutes the entire Agreement and understanding between RESPONSIVE DESIGN and CITY concerning the subject matter herein, and cancels, terminates and supersedes all prior understandings, representations, promises, proposals, or agreements, whether written or oral, or any parties representing any and all subject matter contained herein. No representation or promise hereafter made by either party nor any modification or amendment of this Agreement shall be binding upon either party unless in writing and signed on behalf of each by duly authorized representatives. ARTICLE 34 AYfSNDYi?:NT, YODIFICATION OR WAIVER OF AGREEMEMT 34.1 No amendnents, modifications or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties. A failure of either party to this Agreement to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time performance by either party to this Agreement of any L -17- .- 0 of the provisions hereof, shall in no- way be construed to be a waiver of such provisions of this Agreement. Any waiver by either party hereto of any provision hereof shall be deemed to be a specified, limited waiver, -_ and shall not be deemed to be a continuing waiver of any other provision hereof. ARTICLE 35 NOTICES 35.1 All notices under this Agreement shall be deemed to be duly given upon delivery, if delivered by hand (against receipt); or three days after posting if sent by registered mail, return receipt requested; to each party hereto at the addresses herein below set forth as follows: TO CITY: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92058 Attn: Frank Aleshire, City Manager Vincent F. Biondo, City Attorney 1200 Elm Avenue Carlsbad, CA 92008 With copy to: TO RESPONSIVE DESIGN: Responsive Design, IRC. 122 Viking Avenue Brea, CA 92621 Attn: Walter Ohlig -18- IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate effective the day and year first above written. CITY OF CARLSBAD, a municipal corpo By pJ<F- ..-- Mayor RESPONSIVE DESIGN, INC. a California corporation &e. Pres ident I, .. EXHIBIT A 1. 2. 3. 4. 5. 6. QUOTATION 122 VIKINGAVENUE BREA.CALlFOANlA9202'1 714-634-3904 November 9,1981 CONTRACT PROGRAMMING AND CONSULTATION : Implementation of the Tulare County Department of Education Payroll/ I Personnel and Financial System (PPFS) . training of staff during test, para1 le1 and initial production runs, including two days of in-service by Sam A~~Ms, Tulare County Department of Education. $ 3,008 Modification of the Payrsll/Personnel System to meet Carlsbad's requirements for Salary Administration, Benefit Portfolios and Educational Surveys. Modification of Financial System to include vendor history, one-time vendors and other customi zati on. Consul tation with and $ 1,500 $ 1,500 .. Revision of financial reports to provide better selection capabilities and mu1 tiple levels of totals. Maintenance of current account balances for on-line inquiry, reporting and automatic checking of unencumbered balances by the Accounts Payable subsystem. $ 1,500 $ 1,500 ImDlementation and conversion of the Fixed Asset system and programming $ 1,500 of' depreciation calculations. Yours very truly, Walter Ohlig President TOTAL : $10,500 0 EXHIBIT A QTJOTATION Utility Billing and Accounts Receivable Systern, proprietory package including source code fully integrated with the Payroll/Personnel and Finahcia1 Systern (PPFS ) Installation and Training De li~e ry : 30 days Yours vsry truly, RESPOPiSI VE DE51 GN, f 'rom receipt of d' INC. .c prrrchase $ 5,000. $ 1,000. $ 6,000, order. .. 0 DATE e EXHIBIT A PROPOSED APPLICATION SOFTWARE PAYMENT SCHZDULE . - .- AMOUNT TASK COMPLETED 1-31-82 2-28-82 $2,625 2,625 2,000 3-31-82 2,625 2,000 4-30-82 2 , 625 2,000 25% 25% 33% 25% 33% $15,500 25% 33% financial system financial system utility system financial system utility system utility system m h m a, k a 3 B I I E 0 c, m 3i u3 m c a, a, k u m u0 OC I iJ-J Ih I 0 -lJ ul mc, c,c rda, EE ha) Ok w -4 0 EXHIBIT B I I I EXHIBIT B c U -v -A 10 C a a 3 k k rd u 0 c, =Ik ma m c, a E k 0 w c 0 -ri 2; c - i. 1 I I t EXHIBIT €3 u w a m c 3 m k . .d c, 4.J rg k -!J L9 0 G+J a oz: a, k 41 ua, Ok 0 a -d 5g CUI Omh *d c, m 4.Jc rb arc N E rb 3- EXHIBIT B