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HomeMy WebLinkAbout1984-04-03; City Council; Resolution 75574 4 Fincnci Dayable 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carslbad does desire to purchase a1 software designed to provide the services of general ledger, accounts and budget reporting; and WHEREAS, a said system is designed to run on the City's Hewlett-Packard 3000 zomputer system; and WHEREAS, the City staff conducted a diligent search of the software market RESOLUTION NO. 7557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AWARDING A CONTRACT TO TAMAS AND ASSOCIATES, INC. FOR THE PURCHASE AND INSTALLATION OF A FINANCIAL SOFTWARE, PACKAGE. I and Tamas identified many systems that potentially met the City's needs; and WHEREAS, after testing systems including the financi a1 software prov and Associates, Inc., the City found that the Tamas and Associates financial system best meets the City's needs; and WHEREAS, due to the highly technical nature of this acquisition, the has that Inc., to / // /I/ /// I// I// ded by Inc., el ect ed to uti 1 i ze the compet it i ve negot i at ions approach authori zed under Seci:ion 3.28.140 of the Carlsbad Municipal Code rather than a Request for ProDosal and bid process; and WHEREAS, a transfer in the amount of $12,000 is hereby authorized from the con.:ingency account to the Finance Department budget to fund this purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, the contract attached hereto is hereby awarded to Tamas and Associates, and that a transfer in the amount of $12,000 from the contingency account, the Finance Department budget is hereby approved. 1 2 3 4 5 6 7 Ei 9 1c 11 12 1: 14 1: le 1: 1t l! 2( 2: 2; 2; 21 21 2( 2' 21 ity he ABS PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the of Carlsbad, California, held on the x- day of April , 1984 by following vote, to wit: AYES: Council Wers Casler, Lewis, Kulchin, Chick and Prescott NOES: None EN T : None ,TT k ST : 'SEAL) CONTRACT BETWEEN CITY OF CARLSBAD AND TAMAS & ASSOCIATES, INC. FOR PURCHASE OF APPLICATION SOFTWARE AND COMPREHENSIVE SUPPORT AGREEMENT. Section 2. application performinq made by CITY install the upon in the NT is made and entered into this +L% day of 4 A?/& 9 1984, en Tamas & Associ ates, Inc., hereina er referre referred to as "CITY". o as "IT OR", of Carlsbad, California, a Cal iforni a Municipal Corporation PURPOSE: The purpose of this Agreement is to provide the CITY with software, installation, and user training from VENDOR capable of the tasks described in Exhibit A. In consideration of payment to be as provided in Section 8, VENDOR agrees to desiqn, program, and application software in accordance with the specifications agreed contract documents. IT IS HEREBV AGREED between the parties hereto as follows: DEFINITIONS: The following terms, as used herein and in the eto, shall have the following meanings: lication Software means software or programs, documentation, and tangible or intangible information capable of performing the functions described in Exhibit A and included in the system as in Section 8 of this document. ivery Date means the date at which all of the elements of an lication software package, as described in Exhibit A, talled at the City and are proven to be operational, as defined by eptance criteri a in Section 9. are both CONTRACT DOCUMENTS : The contract documents cons is t of the A. Th(3 Detailed System Design Document, as defined in Section 9. B. Thlis Agreement and any Exhibits or Amendments thereto. All rights and obligations of CITY and VENDOR are fully set forth and described in said Con ract Documents. Each of the above mentioned documents is intended to compleme t the other in that any service or product called for in one document an not mentioned in the others or vice versa, is to be provided the same as if i entioned in all of said documents. In case of conflict among the documents regarding system design specifications, the order o f precedence of the documents shall be as listed above. No represen ation or promise hereafter made by a party nor any modification or amendment o and signed F on behalf of each by duly authorized representatives. this Agreement shall be binding upon either party unless in writing a Section 5. has proprfetary to in Section royalty-free, software as the period data processing MAINTENANCE AGREEMENT: Upon delivery of the application software di a1 -up support of the appl i cat ion software. Th is separate agreement at the CITY's option. OR agrees to offer CITY a maintenance agreement which provides for systems VtN offer software support services at the current price for other VENDOR clients. The CITY may elect to APPLICATION SOFTWARE LICENSE: VENDOR hereby acknowledges that it interest in or is possessor of the application software referred 8. VENDOR forever hereby grants to CITY, a non-exclusive, perpetual license to use, for its own use, the application described herein. It is agreed that CITY, either during or after of this contract, can use the software from VENDOR in handlinq the needs of the CITY and any CITY operated function. ants that it is the sole owner of the application software and has and authority to qrant the rights herein granted without the consent r person and will indemnify and hold CITY harmless from and against ost, liability and expense (includinq reasonable counsel fees) of any breach or claimed breach for this warranty. ants that the software hereby sold does not infringe upon or violate copyright, trade secret or any other proprietary right of any third he event of any claim by any third party against the CITY, CITY shall VENDOR and VENDOR shall defend such claim, in CITY's name, but and shall indemnify CITY against any loss, cost, expense or out of such claim, whether or not such claim is successful. therwise provided herein, CITY expressly agrees that it will not , assign or in any way transfer such application software system or herein to any person, partnership, corporation or other entity. The r agrees to take reasonable measures to see that those of its hat have access to said software shall be made aware of this clause o abide by it. Section 6. COPYRIGHT LICENSE: royalty-fr e, perpetual license to make copies, for its own use, of any document at I on or user manual s del i vered hereunder by VENDOR to CITY. VENDOR hereby grants to CITY a non-exclus Section 7. CONFIDENTIALITY: VENDOR will instruct its personnel to maint in as con- 1 such financial, statistical, and personnel data re1 ating to the CITY's bus ness which is clearly so designated and will adopt such measures as those adop ed by the CITY for its own employees to insure that such information remains co fidential. However, VENDOR shall not be required to regard as confidenti 1 any information which is or comes into the public domain. i .-- Section 8. PAYMENTS: CITY will pay $12,000.00 for the Application Software and other servi C es specified herein as follows: CITY agrees other charges, state or thereof, or Initial necessary will be defined in as Priority specified as Priority rate charged Section 9. shalr exactly what this study following: 25% up0 delivery of Detail Systems Design Document as defined in Section n 9. to pay all license fees, registration fees, assessments, taxes or upon this agreement or any term or provision thereof. however designated, levied, based, or imposed by a municipal, federal body or authority, upon the total system cost or any part chanqes, corrections, and updates to existing programs as may be identified and mutually agreed upon during the Requirements Study in order to accommodate operation of the packages to meet CITY'S needs Section 9. Those modifications identified and mutually agreed upon 1 will be performed at no charge within the delivery period in Section 25, while enhancements identified and mutually agreed upon 2 or higher will be performed on a time and materials basis at the by vendor to all other customers at the discretion of the City. REQUIREMENTS STUDY: Upon execution of this Agreement, VENDOR and jointly reveiw the City's existing software requirements to specify shall be the Detail System Design Document, and shall consist of the chanqes, if any, must be made to VENDOR'S software. The product of delivery as defined in Section 25 of said application software and 25% one month following completion of successful acceptance testing of the applica t ion software, as defined in Section 9. A. Written1 amendments to VENDOR'S application software. Schedule. of the content and form of the user documentation, including as developed jointly by VENDOR and CITY. cannot be reached on this Detail Design Document within 15 days of of this contract, this contract may be declared null and void by without any liability to either party. ENJOYMENT: CITY shall be entitled during the term of this to make the required payments hereunder. VENDOR represents to use the software packages without disturbance, subject only is not subject or subordinate to any right of VENDOR creditors. Section 11. all losses, i nc urred by warranty or enforcement any indirec Section 12. failures in Such acts s riots, acts fact, fire, disasters. S-ection 13. represent at delivery of Section 14. losses resu held respon' determined liability s Section 15. will perfori rules, and Section 16. any reason, use the app terminat ion additional right to ma Section 17. for the dur have the ri terminat ion to remove a materi a1 brl purchase a paying a SUI disclosure the CITY's TTTY's aPP1 Section 18. part of eac' A. Technic form sal BREACH: Each party hereby agrees to indemnify the other against costs, and expenses (including reasonable counsel fees) which may be the other by reason of the breach of any term, provision, covenant, represent at ion contained herein and/or in connect ion with the of this Agreement. , speci a1 , or consequent i a1 damages. Neither party shall be liable to the other for FORCE MAJEURE: Neither party shall be responsible for delays or performance resulting from acts beyond the control of such party. all include but not be limited to acts of God, strikes, lockouts, of war, epidemics, government regulations superimposed after the communication line failures, power failures, earthquakes, or other SURVIVAL BEYOND COMPLETION: The terms, provisions, ms, and warranties contained in this contract shall survive the the software and the payment of the purchase price. LIMITATION OF LIABILITY: VENDOR shall not be held responsible for ting from erroneous data entry or operations by CITY but shall be ible to correct errors at its own expense when such errors are o be caused by VENDOR employees or its products. all be limited to the total amount payable under this contract. The CITY's COMPLIANCE WITH ALL LAWS: Compliance: Each party agrees that it its obligations hereunder in accordance with all applicable laws, egulations now and hereafter in effect. BUSINESS TERMINATION RIGHTS: In the event that VENDOR shall, for cease to conduct business, the non-exclusive and continuing right to ication software del ivered to the CITY at the time of such shall automatically and without notice pass to CITY free of any osts. CITY shall, subsequent to such business termination, have the ntain and to modify all software as it sees fit. SOURCE CODE: In order to insure the safety and recoverability of cations software, VENDOR agrees to place source code with the CITY tion of this contract and subsequent extensions of it. CITY shall ht to claim possession of said source code in the event of VENDOR'S of business as described in Section 16. VENDOR shall have the riqht 1 source code from the CITY in the event that the CITY causes a ach of this agreement or cancels system support services. CITY may ew exclusive perpetual license for all source code at any time upon of two (2) times the price stated in Section 8 and executina a new tatement'which will limit the use of the source code to mainia oftware system on1 y. DOCUMENTATION: The following document at ion will be developed software package to be del ivered hereunder: 1 Design Manual: consisting of CRT menus, report layouts/spec ples, data-base schemes, and system flow diagrams. ni ng as a1 8. User Pro edure Manual: consisting of basic operating instructions in a mutually t aqreed upon format. WAIVER: No term or provision hereof shall be deemed waived and no d, unless such waiver or consent shall be in writing and siqned by imed to have waived or consented. Any consent by any party to, or breach by the other, whether express or implied, shall not consent to, waiver of, or excuse for any other different or Section 20. CHARGES BY TYPE: The charges contained in this agreement are the total of all charges to be made under this contract and, unless specifically to the contrary provided elsewhere herein, no charges shall be claimed by VENDOR in addition to t hose specified. Section 21. PRODUCTION DATA ENTRY: CITY is responsible for all production data entry. staff will n t be required to perform data entry or otherwise perform production run function txce t for normal entry of test data for program debugging, VENDOR'S' Section 22. CITY shall be entirely responsible for the security Utilization security codes and control of authorized user lists shall be monitored - SECURITY AND ACCESS: and programs accessible through on-line terminals. COMPUTER SUPPORT EQUIPMENT: The CITY will provide: Section 23* ~ A. Adequate1 telephone lines as determined by the CITY. B. One communications modem, for remote service support. Section 24. IMPLEMENTATION SCHEDULE: The implement ation of the application sottware on he CITY'S computer system is to be completed within 45 days of the date of this t contract. Section 25. DELIVERY: VENDOR shall certify in writing to CITY when the application software system supplied by the VENDOR is installed and ready for acceptance t sting. fifteen (15) e day acceptance period. The CITY shall accept the system upon This certification shall constitute the beginning of a eration of all modules described in Exhibit- prated by CITY employees, of fifteen (15) that application modu using-CITY test data day acceptance peri od, e, or notify VENDOR in DELIVERY FAILURE: If a delivery date as spe ified in the n schedule is delayed for more than forty five (45) days, CITY e right to cancel that package. Upon such cancel lation, CITY shall e system is not delivered for reasons other than those set forth ENDOR shall reduce the price of said package by 25% and shall all monies paid by CITY for said package. In addition, in the in at. thca CTTY'c nntinn- /4 Section 27. herein, thfs hereto. Section 28. approval of Section 29. training, and (as described training will currently Section 30. maintenance annual basis this contract CITY agrees t pay VENDOR for software maintenance at the prevailing rates as described ab0 e. CITY may select the level of maintenance desired and shall be required to p e y only the cost of the maintenance service selected. ASSIGNMENT AND BINDING EFFECT: Agreement inures to the benefit of and is binding upon the parties APPROVAL OF SUB-CONTRACTORS: any sub-contractor selected by VENDOR. TRAINING: VENDOR shall supply four (4) hours of management Except as otherwise provided CITY reserves the right of prior four (4) hours of initial clerical training of each application, in Section 8) on CITY premises, at no additional cost. Additional be provided upon request, charged at the average hourly rate charged a1 1 other VENDOR customers. SOFTWARE WINTENANCE: including on-site and dial-in maintenance service for the term of VENDOR agrees to provide software services at the prevailing rates for all clients to CITY on an as provided in Section 4. VENDOR shall ffer both dial-up and on-site or time and material services which shall be pric d seperately. Section 32. readable maiJm database by desired by the Section 33. other vendors construed, to other vendir such instance protect its this Agreemenf;. Section 31. effective unl ss it has been delivered in writing and signed by duly authorized representativ s of both parties. LL AMENDMENTS IN WRITING: No amendment to this agreement shall be 3ATA BASE CONVERSION: Data which is presently stored on a machine will be converted from the present CITY system into VENDOR'S CITY staff with assistance from VENDOR at no additional cost, if CITY. EOOPERATION WITH OTHER VENDORS: VENDOR agrees to cooperate with performing data processing services for CITY. This shall not be hodever, as implying that VENDOR will provide unl imited document at ion or that special programing services will be provided. Each would have to be negotiated consistent with VENDOR'S right to proprietary software and to be reinbursed for work not specified in Section 34. hereto, and t ose other contract documents defined in Section 3, constitutes the entire NTIRE AGREEMENT: This Agreement, together with a1 1 Exhibits nt and understanding between VENDOR and CITY concerning the herein, and cancels, terminates, and supersedes all prior , represent at ions, promises, proposals, or agreements. / 5- Section 35. NOTICES: All notices under this agreement shall be deemed to be duly qiven u on delivery, if delivered by hand (against receipt); or three days after postin. if sent by registered mail, return receipt requested; to a party hereto at th i address herein below set forth as follows: A. Frank A1 shire, City Manager City of arl sbad 1200 Elm Avenue Carlsbad F CA 92008 B. Tamas & ssociates, Inc. 7 Bridge ood Irvine, a A 92714 EXECUTED THI~ 4 +A DAY OF 63 PR~ L , 1904. TAMAS & ASSO~IATES, INC. CITY OF CARLSBAD APPROVED AS O FORM: T ,- EXHIBIT A System - Account number structure current system digit object At least a number in the I CITY OF CARLSBAD Description number Structure - The City wishes to maintain the present account and add the capability of project level accounting. The uses a 2 digit fund, 2 digit department, 2 digit division, and 4 number. ** FF-DP-DV-0000-PPPP ** four diqit Droject number should be allowed following the object account number structure. General System Specifications for General Ledger, Accounts Payable and Reporting Systems - Fund Governmental. the Municipal Copyright structure or 9 is a general description of the requirements of the City's General unts Payable and Reporting Systems. These specifications are to be inimum requirements and should be used as a guide in evaluating The functions and capabilities described here are essential of the accounting and budget systems. Accountinq - The City uses a fund accounting system as described in t inanc ers Association of the United States and Canada, Account 1980. If questions arise reoarding terminology, financi a1 systems accounting procedures, GAAFR shall be the guiding authority. uditing and Financial Reporting (GAAFR) published by ~ GENERAL LEDGER - General least the Books of Account, to record all transactions generated or other systems as well as transactions ledger through sub-systems such as cash receipts Ledger Functions - The GL system shall allow for the collection of at f6Tl owing types of transactions: Payable Transactions Labor Distribution Transactions /7 The system a group or the operator. - Standard standard - Ledqer Transaction Report - this is a report of transactions account nuher, a specified date All cash reciepts between Amount - Debit or Credit report must be capable of Running Account Bal ance - Tot a1 Account Bal ance Total on Sub-Fund shall provide the capability to report these types of transactions as individually for any date range or account number range specified by Totals shall be provided on all reports. Reports - The GL system shall contain at least the following report s : General Ledqer Detail Report - this report contains at least the following information for a1 1 general ledger accounts: Account Number Transaction Amount - Debit or Credit Account Name Runni nq Account Bal ance Date of Transaction Tot a1 Account Bal ance Type of Transaction Tot a1 on Sub-Fund Transact ion Nunber Total on Fund Break Description of Transact ion Grand Tot a1 - Trial Balance Report - the system shall contain a standard trial bal'ance report which shall include all standard balance sheet accounts shall Expenditure, Encumberance and Appropriation accounts .) The report include the fol lowing: Axount Nunber Account Name Axount Total (Debit or Credit) as of Date Sepcified as Report Date by Operator T~tal Balance on Sub-Fund Total Balance on Fund Breaks - Report The report f rmat should include the same fields described under General Ledger Transaction eport in the detail format and those fields described under General y report in the summary format. GENERAL SYSTEM - - Writer - The system should include a report writer which allows the - Report He din s - All reports shall contain at least the following headings: Carlsbad Ability to Select by Account Characteristic (ie. All accounts for Ability to Select Total Breaks Division 20, All Accounts for Funds 1 to 25 having an object number of 0110, All Accounts for Project No. 30.) - The -system shall allow the operator the ability to do on account detail and summary information. The operator shall the terminal to the information detailed under General report on an account by account basis. The system shall also to obtain hard copy of the inquiry if desired. - Control control accouits - The system shall maintain at least two years of line at all times. The operator shall have the ability, to purge the history file if unwanted history. Accounts & Subsidiary Ledgers - The system shall allow the use of and subsidiary ledgers where necessary and specifically for - Fiscal Yea Control - The system shall allow simultaneous operation in two fisca --t- years. The system shall record all transactions exactly as posted. allowed as additional entries only. Existing entries may - The system shall data entry on any form of input. not limit the operator to specific - The system shall utilize a data base design as data base system on the HP supported KSAM structure. Any be compatible with the QUAsAR products QUIZ, QUICK, etc. data entry should be performed on line in an interactive may be maintained if necessary to allow operators to allowed posting. Data entry should allow error checking, error friendly as possible. All financial systems shall be able to accept data from other mo - Eerface%-l u es suc as payroll, accounts payable, etc. - The system shall include both user level and technical level that each user operation is described in detail, each data as to the function and options available for each as to how the report may be created. - Password Prbtection of Job Streams - The system should avoid the necessity for password codipg in job streams. ACCOUNTS PAYABLE - Purchase shall record of the City's Accounts Payable function by accepting encunhering funds, maintaining vendor records, issuing City transactions in the City's General Ledger, Revenue detail, Encumberance det ai 1 , etc. Order Entry - The system shall accept entry of purchase orders and the encumberance of funds immediately upon data entry. The system System Descrl ption - Purchase delete account up or down any in the occ ur ed . Order Adjustment - The system shall allow the operator to add or numbers and adjust the encumbered amount of any purchase order time during the P.O.'s life. Each adjustment shall be recorded Encumberance detail as a transaction coded to indicate that an adjustment he availability of budgeted funds ad shall notify the operator if ail able shall require account manager override before entry shall The system shall not limit the number of detail lines or account encumbered funds are not available. Any transaction requiring more information: ount of Entry for Each Account P.O. adjustm should require the following data: The system sh uld again check the unencumbered balance and notify the operator of any P.O. i crease that causes the account to exceed budgeted funds. - Invoice entry should be allowed for payments against Purchase should be: - Pay Voucher payments of sources- is required. during data entry causes an over budget forms, education forms, Requests for Refund, etc. The system must allow for the processing system shall not should include: Entry - Non P.O. Payments - The City processes many routine without using the P.O. process. Regardless of terminoloqy, the Again the to exceed - Warrants entm tem should reject any invoice entry which causes a specific account budget 1 imi ts . Account manager capabi 1 i ty should be required to '- The system should produce City warrants based on all invoices proof list should be produced prior to generating warrants which .- override thik check. P I Account Nuher Amount for Each Account Description .O. Nufier ivoi ce Number Iwoice Date This report hould be generated in vendor number, account number order, or alphabetical y by vendor upon operator selection. Vendor order should total on vendor break and qrand total, account number order should tot a1 on DepartmentD vision nuder breaks, fund breaks and grand tot a1 , a1 phabetical orders shoul i total at vendor name break and qrand total. Warrants sho id be printed by the system and should include: Date P.O. Number Vendor Number V e nd or N ame Invoice Number Account Nuder Amount for Each Account Number Total Due S Y ub Portion - 2.2 teck Portion - Warrant Number Date Vend or Name Vendor Address Amount of Check in Numerals Amount of Check in Text shall be or alphabetically generated by the system in warrant number order and vendor number order by vendor upon operator option. This listing shall include: Wlarrant Nunber Vendor Addr es s Amount of Warrant Account Nunber Amount for Each Account - - The system shall maintain a vendor master file which shall co t the following date: if Different number and allowing the The proof s~ia11 be integrated into the invoice entry or data entry process by operator to enter the warrant number of the hand written warrant. listings generated before each warrant processing run shall segrigate- hould have the option of being directed to the CRT or to the This printer report . s report which for a range V V V D P A shall list all activitv ner+aininrJ +.n a w-Aclr or ramp OF iradors f dates. This report shall contain the following: ndor Nunber ndor Name ndor Address te of Transaction .O. Nunber P.O. Amount by Account ount Expended by Account e end of each calendar year the system shall generate 1099 vendors and shall reset the accumulators for these The system shall allow for the modification of any data through the on-line terminal. master to t automatical - General and revenue required ta refund of f sys€Gzm - 0 en Pur purc -R-- ase or This report on the oper - __ nporary' vendors. Y* The system may assign temporary vendor numbers r and Revenue Detail Accounts Used in Warrant Processing - The ow the charging of any type of account including general ledger detail accounts through the warrant processing system. This is . allow for transactions such as direct purchases of inventory or the es collected by the City. 7ase Order Report - The system shall produce upon demand an open :r report showing the fol lowing information: .O. Nuber ccount Nurrber ncumbered Amount for Each Account Nunber end o r N unt, e r end or Name .O. Date shall be run in P.O. number order or account number orGw wendag tor's needs. REPORTING to produce budget control reports containing expenditure as specified below. System Desci-i - Expenditure (if not should inclide pt i on Detail Reporting - The system should provide through this system at least the following data: ano;her) the capability to create expenditure detail reports which Account Number Budget - The system should allow the entry of transfers or estimated revenue figures. These changes should be reports providing an audit trail for all transitions The operator for specific designed tc department, The expenditure - Expenditures 25 -xpenditure Amount Detail Encumberance Amount Detail Tot a1 on Department Division Breaks Jnenc umbered Bal ance Total on Fund Breaks Running Tot a1 Grand Total Description Total on Account Number Breaks should be able to request this report by date range, account range, account types, etc. Summary Reports - The Expenditure Summary Report should be a1 low the operator flexibi 1 i ty in requesting summaries by account, division or fund levels. reports should contain the following data: Account Number Account Name Amount for Each Account Total as Specified by Operator Expended Amount to Date E nc umbered Amount Original Budget Budqet Transfers Current Budget Unencumbered Amount - Revenue Dkt-ail Reportinq - The system shou not another11 the capability to create revenue include at The operator for specific - Revenue a1 low the division or d provide through th detail reports which 1Past the following data: Account Number Budget Transfers Account Name Date of Transact ion Total on Account Nunber Breaks Revenue Amount Det ai 1 Running Tot ai Oescri pt ion Grand Total Budget Optional Totals on Project Nunber Breaks Tot a1 on Department Division Breaks Total on Fund Breaks should be able to request this report by date range, account range, account types, etc. Summary Reports - The Revenue Summary Report should be designed to operator t lexibi? i ty In requesting sumnari es by acocunt, department, fund levels. s system (if should det ai 1 rep0 - Budget budget at -t s . €?try - The system should allow for the entry of the subsequent year a7y time. The system should allow the operator to print blank budget n the following data: a1 as Specified by Operator unt Received to Date