HomeMy WebLinkAbout1996-04-16; City Council; 13607; APPROVAL OF CONTRACT BETWEEN THE CITY OF CARLSBAD AND BI-TECH AND ESTABLISHMENT OF A SENIOR MANAGEMENT ANALYST POSITION.l ’-. 5
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CARLSBAD AND BI-TECH AND ESTABLISHMENT OF A
DEPT. FINAS SENIOR MANAGEMENT ANALYST POSITION
RECOMMENDED ACTION:
Adopt Resolution No. ?be 13 1 authorizing the Mayor to execute a contract for the provisil
financial information systems software with Bi-Tech Software, Inc. , and authorizing st:
purchase hardware from Hewlett-Packard Company.
Adopt Resolution No.Yh--#S% approving a Senior Management Analyst position to I
as full-time Project Manager for the Financial Information System.
ITEM EXPLANATION:
In March 1994, Council authorized staff to proceed with the replacement of the C
financial information system. The project to replace the system includes seven phase:
identified in the Financial Information System Project Budget (Exhibit 4). Phases One thrc
Three are complete, which involved the needs analysis and 3-5 year plan, the issuir
Requests for Proposals, and evaluation of the proposals and selection of the contra
Phase Four is currently in process, as the upgrading of microcomputers throughout the
As part of Phase Three, an evaluation committee selected Bi-Tech Software, Inc., as
company whose software solution best met the City’s needs. Contract negotiations wit1
Tech have been finalized, and Bi-Tech has agreed to the terms and conditions outlined ir
attached contract (Exhibit 3). Staff is requesting Council to authorize the Mayor to exe
the contract with Bi-Tech so that the project can proceed through Phase Four and intc
following Phases. Staff is also requesting the Council to authorize the purchase of hard\
and pertinent software and services from Hewlett-Packard Company.
The first modules to be installed will be the basic financial packages, which include
general accounting software, accounts payable and receivable, and purchasing. The sei
installation of modules will then build on the already installed general accounting mod
and will incorporate budgeting, payroll, human resources and fixed assets. At this point,
City will have the option to continue with the remaining modules or purchase compa
software from another vendor. If the City chooses to continue with Bi-Tech, the con‘
specifies that the prices for the software of the third installation are price protected
December 31, 1998. This means that the prices quoted by Bi-Tech on these modules ca
be raised if the City purchases them before December 31, 1998.
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Que to the fact that the Financial Information System is a completely new program,
contract with Bi-Tech also includes training for City staff. The goal of the training is to ins
staff members so they will be able to train other City staff. This insures that there wil
someone on hand at the City who will know the Financial Information System well enouc 1 assist other employees.
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The project is at the stage where implementation of the hardware and software is schec
to begin within a few weeks. At this time, the Financial Information system project requi
full-time Project Manager to oversee and administer the project. This will involve taking
of all the details of the project, making sure that the project stays on schedule, coordin
the installation and implementation of the hardware and software and its component 1
facilitating meetings with staff and consultants, monitoring the project status and keepii
participants informed. Staff requests the establishment of a Senior Management Analyst
limited term to fulfill the role of Project Manager. The appointment for this position will k
an 18-month term, although there would be the possibility of an extension if the pi
required it and the incumbent agreed to the extension.
FISCAL IMPACT:
To date, the City has spent approximately $500,000 on Phases 1 through 4 of the Fina
Information System project, including the ongoing upgrades of the microcomputers
network. With the approval of this contract, the Council will be authorizing staff to pro
with Phases 5 and 6, the total cost of which is approximately $855,000. Roughly half of
($406,250) is for the provision of hardware and software, with $90,700 going toward He\
Packard hardware and support and $31 5,550 for Bi-Tech's software and training.
The annual salary range for the Senior Management Analyst position is $47,138 to $60,1
Estimated costs for the total project and the funding sources are shown below.
Project Cost Summary
Hewlett-Packard Hardware & Software $ 77,700
Other Hardware & Equipment 89,500
Bi-Tech Software 278,000
Other Software & Associated Costs 175,700
Hewlett-Packard Training & Implementation 13,000
Bi-Tech Training & Implementation 37,000
Other Training & Implementation 41 6,300
PC and Network Upgrading & Associated Costs 431,000
Con tinge ncy 240,000
Taxes 71,800
Total $1,830,000
Project Fund Sources
Previously Appropriated
General Fund $ 580,000
Water District 50,000
Sewer District 50,000
Data Processing Fund 320,000
Subtotal $1,000,000
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Additional Appropriation
General Fund $ 330,000
Water District Fund Balance 20,000
Sewer District Fund Balance 20,000
Subtotal $370,000
1996-97 CIP $460,000
TOTAL $1,830,000
The cost for the entire project, through Phase 7, will be approximately $1.83 million. Ph
1 through 6 are expected to cost approximately $1,370,000. Because only $l,OOO,OOC
been appropriated to date, staff is requesting that the Council appropriate an addit
$370,000 at this time, with $20,000 each from the Water and Sewer fund balances,
$330,000 from the General Fund balance. The remaining funds for Phase 7 will be pres€
for Council approval in the proposed 1996-97 CIP as part of the information systems
term plan.
EXHIBITS:
I. Resolution No.?h-L?/ approving a contract between the City of Carlsbad and Bi-
Software, Inc., to provide financial information systems software license and support
authorizing staff to purchase hardware and pertinent software and services from He\
Packard Company.
2. Resolution No. ?h -/?&approving a Senior Management Analyst position to serv
Financial Information System Project Manager.
3. Contract between the City of Carlsbad and Bi-Tech Software, Inc., to provide fina
information systems software license and support.
a. Attachment A: Software Maintenance
b. Attachment B: Cost Summary
c. Attachment C: City of Carlsbad Request for Proposal for Financial Information
Systems Software License and Support
d. Attachment D: Bi-Tech Software, Inc., Proposal to the City of Carlsbad
e. Attachment E: Hardware Product Description
f. Attachment F: Implementation Schedule
g. Attachment G: Payment Schedule
h. Attachment H: Faithful Performance Bond
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4. FIS Project budget.
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RESOLUTION NO. 96-131
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR
PROVISION OF FlNANCiAL INFORMATION SYSTEMS
AUTHORIZING STAFF TO PURCHASE HARDWARE
SOFTWARE WITH BI-TECH SOFTWARE, AND
AND SERVICES FROM HEWLETT-PACKARD CO.
WHEREAS, in March 1994, Council authorized staff to
proceed with replacement of the City's financial information system; and
WHEREAS, staff received proposals from eight vendors in
response to the City's Request for Proposal for the financial information
system software and support; and
WHEREAS, staff selected Bi-Tech Software, Inc., as the
software vendor best able to meet the City's needs; and
WHEREAS, staff selected Hewlett-Packard Company as the
hardware vendor best able to meet the City's needs; and
WHEREAS, the total cost of the financial information system
project is expected to be $1.83 million, and Council has previously
appropriated $1 million for the project.
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NOW, THEREFORE, BE IT RESOLVED by the City Council 01
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of Carlsbad is authorized to sigr
the contract between the City of Carlsbad and Bi-Tech Software, Inc.
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3. That staff is authorized to purchase Hewlett-Packard
hardware and pertinent software and services in accordance with the
terms of the Hewlett-Packard proposal and quotation.
4. That the fees and compensation for said services shall not
exceed $406,250 and shall be as described in the contract between the
City of Carlsbad and Bi-Tech Software, Inc., and the City of Carlsbad and
Hewlett-Packard Company.
5. That an additional $370,000 is appropriated for the project
from the following sources:
General Fund Balance $330,000
Water Operating Fund Balance 20,000
Sewer Operating Fund Balance 20,000
Total $370,000
PASSED, APPROVED AND ADOPTED at a regular meeting of
, 1996, by the following the City Council on the 16th day of APRIL
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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RESOLUTION NO. 96-132
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING
A SENIOR MANAGEMENT ANALYST POSITION
WHEREAS, in March 1994, Council authorized staff to
proceed with the replacement of the City's financial information system;
and
WHEREAS, the Financial Information System project requires
a full-time project manager to coordinate schedules, facilitate meetings,
monitor project status and keep all participants informed; and
WHEREAS, staff requests the establishment of a Senior
Management Analyst position for a limited term to fulfill the role of project
manager; and
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WHEREAS, sufficient funds have been previously appropriated
for the financial information system project and are available to fund this
position for its limited term. I
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
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I 1. That the above recitations are true and correct.
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2. That a Senior Management Analyst position shall be
established to fill a limited term assignment as the Financial Information
System project manager.
3. The funds necessary to cover the salary and related
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expenses of this position are available in the Financial Information
Systems project budget.
PASSED, APPROVED AND ADOPTED at a regular meeting of
APRIL , 1996, by the following the City Council on the 16th day of
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnil:
NOES: None
ABSENT: None
ATTEST:
ALETHA L. MU (SEAL)
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EXHIBIT 3
CONTRACT BETWEEN THE CITY OF CARLSBAD
AND BI-TECH SOFTWARE, INC.,
TO PROVIDE FINANCIAL INFORMATION SYSTEMS
SOFTWARE, LICENSE AND SUPPORT
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\. TABLE OF CONTENTS
I. Definitions ......................................................................................................... I
II. Contractor's Obligations .................................................................................... 2
Ill. Liquidated Damages .........................................................................................
IV. City Obligations ..................................................................................................
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V. Progress and Completion .................................................................................. f
VI. Fees to be Paid. to Contractor ........................................................................... (
VII. Payment Schedule ........................................................................................... i
VIII. Duration of Contract ........................................................................................ :
IX. Acceptance Testing Standards ......................................................................... y
X. Time and Place of Delivery; Installation and Training ..................................... 1:
XI. Performance Bond .......................................................................................... 1 :
XII. Warranty and Limitation of Liability ................................................................ I:
XIII. Other Documents .......................................................................................... 11
XIV. Governing Law .............................................................................................. 1:
XV. Changes in Work ........................................................................................... 1
XVI. Covenants Against Contingency Fees .......................................................... I!
XVII. Nondiscrimination Clause ............................................................................ 1 (
XVIII. Termination of Contract .............................................................................. 11
1' XIX. Disputes ........................................................................................................
XX. Claims and Lawsuits 1 ......................................................................................
XXI. Status of the Contractor 1 ................................................................................
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XXII. Hold Harmless Agreement ................................................................ ........... 2(
XXIII. Assignment of Contract .............................................................................. 2'
XXIV. Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,
XXV. Prohibited Interest ....................................................................................... 2
XXVl. Verbal Agreement or Conversation .... . . .. . . .. . . . .. .. . . .. .. . .. . . . . . . . . . ... . . . . .. . .. ... . . . . .. . . 2:
XXVII. Successor or Assigns ................................................................................ 2:
XXVIII. Liquidation of Contractor .......................................................................... 2,
XXIX. Effective Date ............................................................................................. 2
XXX. Conflict of Interest ....................................................................................... 2
XXXI. Insurance .................................................................................................... 2
XXXII. Responsible Parties .................................................................................. 2
XXXIII. Business License .................................................................................. ... 2
Attachment A - Software Maintenance Agreement
Attachment B - Cost Summary
Attachment C - City of Carlsbad Request for Proposal for Financial Information SI
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Software License and Support
Attachment D - Bi-Tech Software, Inc., Proposal to the City of Carlsbad
Attachment E - Hardware Product Description
Attachment F - Implementation Schedule
Attachment G - Payment Schedule
Attachment H - Faithful Performance Warranty Bond
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CONTRACT BETWEEN THE CITY OF CARLSBAD
FINANCIAL INFORMATION SYSTEMS SOFTWARE
LICENSE AND SUPPORT
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AND BI-TECH SOFTWARE, INC., TO PROVIDE
THIS CONTRACT, made and entered into as of the - day of
19-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaft
referred to as "City", and BI-TECH SOFTWARE, INC., hereinafter referred to
"Contractor."
RECITALS
The City desires to replace and improve its financial information system
acquiring open systems hardware with the necessary associated software and a fu
accounting software package. Through a competitive proposal process the City h
selected Bi-Tech Software, Inc., as the Contractor with the software package that bf
fits the needs of the City, and the Contractor represents and warrants that they ha
the ability and expertise to furnish, install, implement, maintain and service su
software package.
NOW, THEREFORE, in consideration of these recitals and the mutual covenai
contained herein, City and Contractor agree as follows:
1. DEFINITIONS
A. Documents refers to the following:
1.
for the modules as listed in Attachment B of this Contract.
2.
listed in Attachment B of this Contract.
IFAS (Interactive Fund Accounting System)/Software User Guic
Software and module Product Descriptions for the modules
t* 8 W 0 \. 3. Request for Proposals issued by the City in March 19s
(Attachment C)
4.
19, 1995 (Attachment D)
Software refers to the following:
1. Bi-Tech Software- includes application modules includir
modifications and additional software as outlined in Attachment B
2.
Attachment B
3. Microfocus Software- Microfocus products as specified
Attachment B
Hardware refers to all Hewlett-Packard Company (HP) hardware a
software products as specified in Attachment E.
Bi-Tech's Proposal for a Financial Information System dated Mz
B.
Relational Database Software- lnformix products as specified
C.
II. CONTRACTOR'S OBLIGATIONS
The Contractor grants to the City a nonexclusive, nontransferable, perpeti
license to unlimited use of the proprietary financial information systems software,
listed in Attachment B, and as more fully described in its corresponding documentatic
All application Software will be provided in both source and executable forms. 1
Contractor also will provide one (1) copy of all user and technical documentat
relating to the Software, which may be reproduced by the City for internal u
distribution and training purposes only.
The City is hereby granted the right to use the Software according to the ter
and conditions of this Contract.
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c. 1 V 0 \. Contractor also agrees as follows:
A. To provide professional services as further described herein in accordanc
with the Implementation Schedule set forth in Attachment F for the desigr
configuration, delivery and installation of the Software. Contractor represents an
warrants that the Software will be designed, configured, and installed in such a mannc
as to provide bookkeeping and financial information capabilities as specified in thi
Contract.
B. At the times and places mutually agreed upon by the parties, the Contract!
shall provide training and consulting services to City personnel and shall furnish i
training materials necessary to accomplish the training of City personnel in the use
the Software.
C. Contractor agrees to provide Systems Integration Support for the installatic
and implementation of the Software through Phase I as defined in Attachment F. Tt
software and hardware covered under this task include all products being purchased
the City from Bi-Tech as set forth in Attachment B and from Hewlett-Packard as :
forth in Attachment E. Contractor shall assume this task from the effective date of tl
Contract until the successful completion of the performance/stress tests for the Phas
modules as defined in Attachment F. The responsibilities assumed by Contrac
include:
1. Contractor will be solely responsible for coordinating the installation
hardware and software on City's site, and will ensure the availability of hardware i
software personnel required to complete the installation within the projected time fra
as specified in this Contract.
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I' 2. Contractor will insure that the Software performs according to th
specifications within the Documents.
3. Contractor will be the sole source of contact for all Hardware ar
Software installation and operation issues through Phase I of this Contract as shown
the Implementation Schedule (Attachment F).
4. Contractor will troubleshoot any deficiencies, problems or conflicts
the operation of the Hardware and Software to identify the source of the issue and rn
take whatever actions are necessary to resolve the deficiency, problem or conflict aft
written approval by the City. Bi-Tech, Microfocus and lnformix Software deficienci
will be remedied by the Contractor at their expense. Hardware and operating syster
software deficiencies will be remedied by the Contractor at HP's expense if covered
the warranty or at the City's expense if not covered by the warranty.
City will pay Contractor $7,000 as compensation for its duties and responsibiliti
in its role of Systems Integrator as further documented in Attachment B.
111. LIQUIDATED DAMAGES
If the Contractor fails to deliver the software and services according to t
Implementation Schedule set forth in Attachment F or as modified by mutual agreeme
according to Section V of this Contract, the City will provide written notification of SI
failure to the Contractor. The Contractor will then have 10 business days to cure SI
failure to the City's satisfaction. If the Contractor does not cure the failure, a penalt)
$100 per day will be imposed upon the Contractor and subtracted from any amou
then due and payable or, if no amounts are due and payable then, paid by
Contractor to the City within sixty (60) business days.
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\- IV. CITY OBLIGATIONS
The City shall have the responsibilities as set forth below:
A. The City agrees to use the Software licensed under this Contract solely for I
own use on the City's computer system, provided that any Software delivered by tt
Contractor in machine readable form may be copied (text only) in whole or in part,
printed or machine readable form, solely for the City's own use for back-up and archib
purposes. Accompanying documentation and user guides may be reproduced 1
internal use, distribution and training purposes only.
B. The City acknowledges that no title to or ownership of the Software or any of
parts is transferred to the City and the City's right to use the Software shall at all tim
be subject to the restrictions set forth in this Contract.
C. The City acknowledges that the Software, including modifications made by t
Contractor, constitutes valuable property and a trade secret of the Contractor and tl
all marketing rights to the system and all modifications made by the Contractor remi
the Contractor's property, whether or not any portion is or may be validly copywritte
City, within its control and capacity, agrees to hold all of the Software and relai
documentation in strictest confidence, agrees not to use them except in 1
performance of this Agreement, and agrees to release them only to employc
requiring the Software and related documentation and not to release or disclose th
to any other party.
D. The City agrees to commit the City personnel necessary to facilitate
implementation; however, any delay in the City's completion of tasks shall not
considered a breach of this Contract or a basis for added cost for Contractor. Delay5
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7. the part of the City due to non-completion of tasks shall not invoke liquidated damagl
as provided herein.
E. City agrees to provide work space and training room for Contractor to perform
obligations under this Contract.
V. PROGRESS AND COMPLETION
The work under this contract will begin within ten (1 0) business days after receipt
notification to proceed by the City and be completed according to the lmplementati
Schedule (Attachment F). Extensions of time may be granted if requested by t
Contractor and agreed to in writing by either of the City's Project Directors. The Cit
Project Directors will give allowance for: (1) documented and substantiat
unforeseeable and unavoidable delays not caused by a lack of foresight on the part
the Contractor; and (2) delays caused by City inaction or other agencies' lack of timl
action.
VI. FEES TO BE PAID TO CONTRACTOR
The total fees payable for the software and services to be performed shall be
identified in Attachment B. No other compensation for services will be allowed excc
those items covered by supplemental Contracts per Section XV of this Contrz
"Changes in Work.''
The modules identified as Price Protected in Attachment B in the amount of $29,;
are listed in this Contract to guarantee the price of the modules as agreed upon by (
and Contractor. These prices are not included in the payment schedule as definec
Attachment G. The option to purchase these modules at the stated prices
Attachment B can be exercised by the City until December 31, 1998.
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\* The City shall be responsible for the payment to the Contractor of any Feder(
State, local, municipal and/or provincial sales and use taxes or excise taxes that are
may be imposed on the transactions provided for in this license Contract.
The City will reimburse Contractor for air fares (coach or economy). Automob
rental (midsize or smaller), lodging (single occupancy accommodations), meals, ai
other reasonable living expenses incurred by the Contractor personnel duri
implementation, accounting and training assistance will be reimbursed up to
maximum of $160 per person per day (excluding airfare). If the Contractor's o\
vehicles are used, the City will reimburse $0.30 per mile. Total reimbursements *
travel and living expenses during Phases I and II shall not exceed $25,000, includi
ai rfa re.
VII. PAYMENT SCHEDULE
The fees as referenced in the prior section are to be paid as outlined in '
Payment Schedule (Attachment G).
VIII. DURATION OF CONTRACT
This Contract shall commence upon issuance of the Notice to Proceed by the C
The Contract shall terminate on December 31, 1998, unless terminated as provic
herein. In accordance with Section II of this Contract, the Contract is renewa
annually by mutual agreement, to be documented in writing.
IX. ACCEPTANCE TESTING STANDARDS
The following are various acceptance tests that will be performed during the syst
implementation. The timing of these tests is outlined in the Implementation Schec
(Attachment F).
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A. Installation Acceptance Testinq \.
1. Following delivery and installation of the Hardware and Software on tt
applicable system at City’s site, Contractor shall certify in writing to City that the!
systems are ready for Installation Acceptance Testing. The City agrees to beg
acceptance testing no later than ten (IO) business days from certification. Wl
Contractor’s assistance, at the rates set forth in Section X of this Contract, City shz
within sixty (60) business days after receipt of such certification, operate these syster
and complete testing to determine whether:
a. The Hardware and relational database software meet the specificatio
and perform the functions set forth in the RFP Responses or as may be modified
agreement in writing between the parties.
b. The Hardware can be successfully accessed from various workstatio
through a local LAN connection and that all associated hardware components (Le., ta
backup unit, console monitor, etc.) are in proper working order.
c. The relational database is capable of running on a repetitive basis or
variety of City’s test and actual data, without fail.
d. All Bi-Tech application software modules can be successfully access
and work properly in conjunction with the relational database software and hardwi
operating system. This acceptance testing of the application software is strictly for ’
initial installation and not for the functionality of the software modules in accordar
with the Contractor’s response to the City’s Request For Proposal.
e. The documentation for the Hardware, relational database software i
Bi-Tech software applications meet the requirements of the Contract.
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,- 2. If the Hardware and Software successfully meet these Acceptance Tests
City shall so notify the Contractor in writing within ten (IO) business days aftei
completion of the tests that the initial installation of the Hardware and Software is
accepted. If the City does not notify the Contractor in writing within the time framt
provided above, the initial test shall be deemed accepted.
3. If the Hardware and Software fail to meet any or all of the above-specifiec
Acceptance Tests, City shall notify Contractor of such failure in writing within ten (I(
business days and Contractor shall have ten (1 0) business days after receipt of SUC
notice in which to correct, modify, or improve these systems to cause them to met
each such Acceptance Test. Thereafter, City shall have thirty (30) additional businei
days in which to re-conduct all of the Acceptance Tests specified above. This procer
may be repeated until these systems are deemed to be accepted. However, if aft
three (3) iterations of this process by the Contractor, the Contractor has not correct(
the failure, City shall have the right and option to declare Contractor to be in defau
Such declaration of default shall be provided to the Contractor in writing.
B. Bi-Tech Software Acceptance Testing
1. The City shall conduct acceptance testing of each software module
referenced in the Implementation Schedule (Attachment F). The City shall test mutu;
agreed upon criteria and determine in its sole opinion whether:
a. Bi-Tech Software meets the specifications and performs the functi
as set forth in Documents listed in Section I of this Contract or as modified
agreement in writing between parties.
b. Bi-Tech Software is capable of running on a repetitive basis o
variety of City's actual converted and entered data without fail; and
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\' c. The documentation for Bi-Tech Software meets the requirements I
the Contract.
2. If Bi-Tech Software successfully meets the Acceptance Tests, City shall s
notify Contractor in writing within ten (IO) business days of completion of tt
acceptance tests that Bi-Tech Software is accepted. If the City does not notify tt
Contractor in writing within the time frame provided above, the initial test shall I:
deemed accepted.
3. If Bi-Tech Software fails to meet any or all of the above-specific
Acceptance Tests, City shall notify Contractor of such failure in writing and Contract
shall have ten (IO) business days after receipt of such notice in which to correc
modify, or improve Bi-Tech Software to cause it to meet each such Acceptance Te:
Thereafter, City shall have thirty (30) additional business days in which to re-conduct i
of the Acceptance Tests specified above. This process may be repeated until Bi-Tec
Software is deemed to be accepted. However, if after three (3) iterations of tt-
process by the Contractor, the Contractor has not corrected the failure, City shall hay
the right and option to declare Contractor to be in default. Such declaration of defai
shall be in writing to the Contractor.
C. Bi-Tech Software Modifications Acceptance Testing
1. Final acceptance of any modifications which are to be made to the Bi-Tei
Software shall be when the City has approved of all data entry screen formats ai
when the City has approved of all printed and terminal output formats and when tl
City has approved of all functional Software modifications and when the Contractor h
demonstrated to the City's own satisfaction that the software modifications successfu
conform to the functional specifications.
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..' 2. If the modification(s) successfully meets the Acceptance Test, City shall I
notify Contractor in writing within ten (IO) business days of completion of tl
acceptance test that the modification(s) is accepted. If the City does not notify tl
Contractor in writing within the time frame provided above, the initial test shall I
deemed accepted.
3. If the modification(s) fail to meet any or all of the above-specifil
Acceptance Tests, City shall notify Contractor of such failure in writing and Contrac'
shall have ten (IO) business days after receipt of such notice in which to correct
improve the modification(s) to cause it to meet each such Acceptance Test. Thereafl
City shall have thirty (30) additional business days in which to re-conduct all of 1
Acceptance Tests specified above. This process may be repeated until 1
modification(s) is deemed to be accepted. However, if after three (3) iterations of t
process by the Contractor, the Contractor has not corrected the failure, City shall h:
the right and option to declare Contractor to be in default. Such declaration of dek
shall be provided to the Contractor in writing.
D. Svstem Performance/Stress Acceptance Testing
1. City shall provide and Contractor will assist City in arriving at a mutui
agreeable Stress Test Plan for the System prior to completion of the Soh
Acceptance Testing for the Phase I modules as further described in Section IX. B
this Contract. The Stress Test Plan will test the Software and Hardware configura
but will not cross the City's network and will represent a typical mix of C
transactions.
2. Within forty-five (45) business days of the successful completion of eacl
the Software Acceptance Tests for the Phase I and Phase II modules, the Contra
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<- I @ @
\' will assist the City in performing such petformance/stress tests on the system as mz
be necessary to satisfy the Stress Test Plan.
3. The City will pay Contractor on an hourly basis for its participation in tt
performance/stress tests as defined in the Stress Test. Plan at the contracted rates :
specified in Section X of this Contract. Contractor shall be responsible for diagnosir
and implementing remedies to correct any performance deficiencies noted in t!
performance stress test. Software deficiencies shall be remedied at Contractoi
expense. Hardware deficiencies will be remedied by the Vendor at either HP's expen!
if covered by the warranty or the City's expense if not covered by the warranty.
4. If deficiencies are noted in the initial performance/stress tests, Contractor \
assist the City in all subsequent re-testing after deficiencies have been corrected.
assistance provided by the Contractor in all subsequent re-testing of the system st-
be at the Contractor's expense, including travel and living expenses.
E. Final Svstem Acceptance
Within forty-five (45) business days of acceptance of all soma
performance/stress and modification tests for all Phase I and Phase II modules, the C
will complete a final review of Contractor's compliance with the terms and conditions
this Contract. City shall provide Contractor written notice of completion or reject
following the review. In the event that the Contractor is not in compliance, Contra(
will have twenty (20) business days following Contractor's receipt of notice to cure
deficiency. If the Contractor fails to comply within twenty (20) business days, the (
may terminate this Contract and be entitled to a full refund of any portion of
Purchase Price previously paid by the City.
04/03/96
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<. . W w .. X. TIME AND PLACE OF DELIVERY; INSTALLATION AND TRAINING
The Contractor shall deliver the Software, and the City shall accept su(
delivery, at the City's address set forth below on mutually agreed upon delivery date5
The Contractor will provide installation of the Software and training of the CiQ
personnel. The City will pay a total of $35,603 for these services which may be utilizc
at the following rates:
Resource Rate Per Dav
Accountant/ ProgrammedAnalyst $560.00
Trainer $312.50
These days may be used at any time, with no time limit.
If the City desires additional Accountant, Trainer and/or Programmer da
beyond those listed above, the charge will be based on a rate mutually agreed upon
both parties.
XI. PERFORMANCE BOND
As security for vendor performance under this Contract, the Contractor \
furnish a surety bond (Attachment H) executed on the form bound herein by a sur1
company duly authorized to do business in California in an amount at least equal to c
hundred percent (100%) of the contract price for Bi-Tech Software and related servic
totaling $31 5,553.
The Bond will be furnished to the City within twenty (20) business days from
date of award of the contract by the City Council.
XII. WARRANTY AND LIMITATION OF LIABILITY
The Contractor warrants that the Software will be free from any known errors i
will operate as described in its accompanying reference manuals and documentatic 04/04/96
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The Warranty Period is defined as 365 days after the initial installation of the Softwarc
The Contractor will, at its expense, correct any errors in the Software attributable sole
to the Contractor or their assigned or subcontracted parties. The Contractor shall L:
relieved of any and all obligations with respect to this warranty for those parts of tt
Software that are revised, changed, modified, or maintained by anyone other than tt
Contractor. The City may modify the licensed Software, but the Contractor shall not t
responsible for compatibility of such modified Software with equipment, other program
future program releases or test and verification routines. Upon notification to tt
Contractor by the City of any City modifications to Software, the Contractor will use
Client Update Tape Interface Process (CUTIP) system to keep track of all City modifil
modules.
\*
The Contractor warrants that the Software will meet all functional and technic
specifications as set forth in the Documents.
XIII. OTHER DOCUMENTS
The following documents and the Contracts of the City and the Contractor a
representations and warranties of the Contractor contained therein are here
incorporated into this Contract by reference and/or attachment:
1. Software Maintenance Agreement (Attachment A).
2. IFAS/Software User Guides for the modules as listed in Attachment 8 of I
Contract.
3. Software and module Product Descriptions for the modules as listed
Attachment B of this Contract.
4. Request for Proposals issued by the City in March, 1995 (Attachment C).
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\* 5. Bi-Tech's Proposal for a Financial Information System dated May 19, 19<
(Attachment D).
6. Hardware Product Description (Attachment E).
7. Implementation Schedule (Attachment F).
8. Payment Schedule (Attachment G).
9. Faithful Performance Bond (Attachment H).
XIV. GOVERNING LAW
This Contract will be governed by and construed in accordance with the laws
the State of California.
XV. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or tl
City, and informal consultations with the other party indicate that a change in t
conditions of the contract is warranted, the Contractor or the City may request a chanl
in contract. Such changes shall be processed by the City in the following manner:
letter outlining the required changes shall be forwarded to the City by Contractor
inform them of the proposed changes along with a statement of estimated changes
charges or time schedule. A Standard Amendment to Contract shall be prepared
the City and approved by the City according to the procedures described in Carlsb
Municipal Code Section 3.28.172. Such Amendment to Contract shall not renc
ineffective or invalidate unaffected portions of the Contract.
XVI. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained i
company or person, other than a bona fide employee working for the Contractor,
solicit or secure this Contract, and that Contractor has not paid or agreed to pay i
04/03/96
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<+. , W W
company or person, other than a bona fide employee, any fee, commissior
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin
from, the award or making of this Contract. For breach or violation of this Warranty, th
City shall have the right to annul this Contract without liability, or, in its discretion, t
deduct from the Contract price or consideration, or otherwise recover, the full amount
such fee, commission, percentage, brokerage fees, gift, or contingent fee.
XV I I. N 0 N DISC Rl M I N AT1 0 N C LA U S E
The Contractor shall comply with the state and federal laws regardir
\'
nondiscrimination.
XVIII. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the wc
as provided for in this contract, the City may terminate this contract for nonperforman
by notifying the Contractor by certified mail of the termination of the Contractor and t
reasons for such termination. Within twenty (20) business days of such notification, 1
Contractor agrees to refund to the City the amount of the license fees for all SOffwi
and modifications, prepaid maintenance fees, training and consulting fees, and otl
related charges as listed in Attachment 6, and any travel and living expenses paid
the City. The City agrees to return to the Contractor all unacceptable licensed soh
programs, related documentation, and copies of such programs and documentatioi
the forms provided by the Contractor or as modified by the Contractor and to make
further use thereof. City agrees to execute Contractor documents certifying that the 1
does not possess any work product of the Contractor.
If the City determines, within 180 days after the City issues the Notificatio
Proceed, in its sole discretion that the working relationship with Bi-Tech, or
04/03/96
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\'
Software, is unsatisfactory for any reason, this Contract may be terminated by the Ci;
upon tendering sixty (60) business days written notice to the Contractor. In the event (
such termination, upon request of the City, the Contractor shall assemble the WOI
product and put same in order for proper filing and closing and deliver said product 1
City. In the event of termination, the Contractor shall be paid for work performed to tt
termination date, including payment for: (i) ail reasonable travel and living expensc
incurred prior to notice of termination; (ii) agreed upon applicable rates per person d(
for Contractor staff time at the City's location prior to notice of termination; and (iii) ti
cost of all modifications completed and accepted prior to notice of termination. In tl
event of termination, the City shall return all software for those modules r
implemented. The City shall make the final determination as to the portions of tas
completed and the compensation to be made.
No delay or failure of either party to exercise any right or remedy will operate
a waiver thereof.
XIX. DISPUTES
If a dispute should arise regarding the performance of work under this Contrz
the following procedure shall be used to resolve any question of fact or interpretat
not otherwise settled by agreement between parties. Such questions, if they beco
identified as a part of a dispute among persons operating under the provisions of 1
contract, shall be reduced to writing by the principal of the Contractor or either of
City Project Directors. A copy of such documented dispute shall be forwarded to 1:
parties involved along with recommended methods of resolution which would bc
benefit to both parties. Either of the City Project Directors or principal receiving
letter shall reply to the letter along with a recommended method of resolution within
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.* (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieve
party, a letter outlining the dispute shall be forwarded to the City Council for il
resolution through the Office of the City Manager. The City Council may then opt 1
consider the directed solution to the problem. In such cases, the action of the Ci,
Council shall be binding upon the parties involved, although nothing in this procedui
shall prohibit the parties seeking remedies available to them at law.
XX. CLAIMS AND LAWSUITS
The Contractor shall agree that any contract claim submitted to the City must I
asserted as part of the contract process as set forth in this Contract and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledgi
that if a false claim is submitted to the City, it may be considered fraud and ti
Contractor may be subject to criminal prosecution. The Contractor acknowledges tt
California Government Code sections 12650 et sea., the False Claims Act, provides 1
civil penalties where a person knowingly submits a false claim to a public entity. The
provisions include false claims made with deliberate ignorance of the false informati
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad sec
to recover penalties pursuant to the False Claims Act, it is entitled to recover
litigation costs, including attorney's fees.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0:
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referenc
- (Initial)
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\a
XXI. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's owl
way as an independent contractor and in pursuit of Contractor's independent calling
and not as an employee of the City. Contractor shall be under control of the City onli
as to the result to be accomplished, but shall consult with the City as provided for in th
request for proposal. The persons used by the Contractor to provide services under thi
Contract shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made t
the Contractor pursuant to the contract shall be the full and complete compensation
which the Contractor is entitled. The City shall not make any federal or state t:
withholdings on behalf of the Contractor or his/her employees or sub-contractors. Tt
City shall not be required to pay any workers' compensation insurance
unemployment contributions on behalf of the Contractor or hidher employees or su
contractors. The Contractor agrees to indemnify the City within thirty (30) busine
days for any tax, retirement contribution, social security, overtime payme'
unemployment payment or workers' compensation payment which the City may
required to make on behalf of the Contractor or any employee or sub-contractor oft
Contractor for work done under this Contract or such indemnification amount may
deducted by the City from any balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Refc
and Control Act of 1986 and shall comply with those requirements, including, but
limited to, verifying the eligibility for employment of all agents, employees, s
contractors and consultants that are included in this Contract.
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4.. 8 W
XXII. HOLD HARMLESS AGREEMENT ..
Contractor agrees to indemnify and hold harmless the City of Carlsbad and i
officers, officials, employees and volunteers from and against all claims, damage
losses and expenses including attorney fees arising out of the performance of the WOI
described herein caused in whole or in part by any willful misconduct, or negligent a
or omission of the contractor, any subcontractor, anyone directly or indirectly employe
by any of them or anyone for whose acts any of them may be liable, except whe
caused by the active negligence, sole negligence, or willful misconduct of the City
Carlsbad.
Contractor shall at his own expense, upon written request by the City, defer
any such suit or action brought against the City, its officers, officials, employees ai
volunteers arising out of the performance of this Contract. Contractor's indemnificatic
of City shall not be limited by any prior or subsequent declaration by the contractor.
Furthermore, the Contractor agrees to indemnify and hold the City harmless frc
all demands, claims, liability or damages to third parties and all expenses incurred
the City due to any such claims and demands including reasonable attorney's fec
whether or not legal action is filed, based on any alleged infringement or unauthoriz
uses of any third party patent, trade secret, copyright or other proprietary right a5
result of the use of the Software under the terms and conditions of this Contrz
provided the Contractor is promptly notified in writing of any such claim against the C
and further provided that the City permits the Contractor to defend each such claim
to procure license, without additional charge to the City, to use the Software. In
event that the City's use of the Software is likely to be enjoined as a result of suc
claim of infringement or unauthorized use, the Cohtractor shall, at its option: (i) mo
04/03/96
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\* the Software to render it non-infringing without adversely affecting its functionality; (i
provide the City the rights necessary to continue use of the Software; or (iii) refund th
City the Software amount paid by the City and any and all associated costs.
XXIII. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monk
due thereunder without the prior written consent of the City.
XXIV. S UBCONTRACTI NG
The Contractor shall not subcontract any of the work to be performed under th
contract by the Contractor without prior written consent of the City. If the Contracl
should subcontract any of the work with prior written consent, the Contractor shall I
fully responsible to the City for the acts and omissions of Contractor's sub-contracl
and of the persons either directly or indirectly employed by the sub-contractor,
Contractor is for the acts and omissions of persons directly employed by Contract0
Nothing contained in this contract shall create any contractual relationship between E
sub-contractor of Contractor and the City. The Contractor shall bind every SI
contractor and every sub-contractor of a sub-contractor by the terms of this contr
applicable to Contractor's work unless specifically noted to the contrary in *
subcontract in question approved in writing by the City.
XXV. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the Cit
negotiate, make, accept, or approve, or take part in negotiating, making, accepting
approving of this Contract, shall become directly or indirectly interested personalll
this contract or in any part thereof. No officer or employee of the City who is author
in such capacity and on behalf of the City to exhrcise any executive, supervisor),
0410319
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.* similar functions in connection with the performance of this contract shall becon-
directly or indirectly interested personally in this contract or any part thereof.
XXVI. VERBAL AGREEMENT OR CONVERSATION
Both the City and Contractor agree that this Contract constitutes the entir
contract by and between them. Any oral or written documents between the partic
which are inconsistent with the terms of this Contract or are in addition to the terms
this Contract are superseded by this document and are of no further validity or force
effect. Amendments to this Contract may only be made in writing and by a documc
specifically indicating that it is intended to be an amendment to this Contract.
XXVII. SUCCESSORS OR ASSIGNS
Subject to the provisions of Section XXII, "Hold Harmless Agreement," all term
conditions, and provisions hereof shall inure to and shall bind each of the parti
hereto, and each of their respective heirs, executors, administrators, successors, a
assigns.
XXVIII. LIQUIDATION OF CONTRACTOR
In the event that the Consultant (or a surviving company in the event of mer!
or sale of Bi-Tech) is liquidated, dissolved, or ceases to carry on business on a regi
basis, the City will have a perpetual, irrevocable, nonexclusive, license, title and righi
ownership to the Software (inclusive of source code and all other documentatil
subject to the City agreement that it will not, at any time, market the Software.
XXIX. EFFECTIVE DATE
This Contract shall be effective on and from the day and year first written abo\
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I* XXX. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and th
City's conflict of interest code, that the Contractor will not be required to file a conflict (
interest statement as a requirement of this Contract. However, Contractor hereb
acknowledges that Contractor has the legal responsibility for complying with th
Political Reform Act and nothing in this Contract releases Contractor from th
responsibility .
XXXI. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and ai
and all amendments insurance against claims for injuries to persons or damage
property which may arise out of or in connection with performance of the wo
hereunder by the Contractor, his agents, representatives, employees or su
contractors. Said insurance shall be obtained from an insurance carrier admitted a*
authorized to do business in the State of California. The insurance carrier is required
have a current Best's Key Rating of not less than "A-:V' and shall meet the City's poll
for insurance as stated in Resolution No. 91-403.
A. Coverage and Limits.
Contractor shall maintain the types of coverage and minimum lirr
indicated herein, unless a lower amount is approved by the City Attorney or C
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combir
single-limit per occurrence for bodily injury, personal injury and property damage. If
submitted policies contain aggregate limits, general aggregate limits shall aF
separately to the work under this contract or the general aggregate shall be twice
04/03/96
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\I required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
3. Workers' Compensation and Employer's Liability. Worker
Compensation limits as required by the Labor Code of the State of California ar
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to tl
Contractor's profession, with limits of not less than $1,000,000 per claim. Covera!
shall be maintained for a period of five years following the date of completion of ti
work.
6. Additional Provisions.
Contractor shall ensure that the policies of insurance required under ti
Contract contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all polic
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City befc
commencement of work and endorsements for additional insured and cancellat
provisions.
3. The Contractor shall obtain occurrence coverage, excluc
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the Contract and
extension thereof and shall not be canceled without (thirty) 30 days prior written no
to the City sent by certified mail.
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4.. W W .+ 5. If the Contractor fails to maintain any of the insurance coverag
required herein, then the City shall provide ten (IO) business days written notice afk
which the City will have the option to declare the Contractor in breach, or may purchas
replacement insurance or pay the premiums that are due on existing policies in ordc
that the required coverage may be maintained. The Contractor is responsible for ar
payments made by the City to obtain or maintain such insurance, and the City m:
collect the same from the Contractor or deduct the amount paid from any sums due tb
Contractor under this Contract.
XXXII. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to recei
written notice on behalf of the City and on behalf of the Contractor in connection w
the foregoing are as follows:
For City: Title Proiect Directors
Name
Address 1200 Carlsbad Villaqe Drive
Lee Rautenkranz or Lisa Hildabrand
Carlsbad, CA 92008
For Contractor: Title
Name
Address
04/03/96
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*- f <'. ' W W I
'i < mIII. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carisbad Business License for t
duration of the contract.
Executed by Contractor this /Q @, day of , IQS /?or, /
GO NTRACTOR: CITY: BJ-TECH SOFTWARE, INC.
Mayor
ATTEST:
= ou4$yk--\)
BRUCE E. LA GSTON
Secretary KAREN R. KUNDTZ, Assistant Cit
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or Vice-President and Secretary or Assistant Secretary must sign for corporations. If only on<
officer signs. the corporation must attach a resolution certified by the Secretary or Assistant Secretaq
under oorporate seal empowering that officer to bind the coprafton )
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By J/kd&
Deputy City Attorney
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.%
ATTACHMENT A
SOFTWARE MAINTENANCE AGREEMENT
I. STANDARD MAINTENANCE
Other than third party products, the Contractor agrees to provide the City with
one (1) year Warranty for the Software described in and licensed by this Contrac
commencing with Contractor's certification to the City of the readiness of the Softwa
for Installation Acceptance Testing as set forth in Section IX of this Contract. Sa
Warranty is provided to the City at no charge.
Upon the first annual renewal date after final acceptance of the software, the C
shall have the option of purchasing the Contractor's maintenance coverage for a peri
of one (1) year and renewable annually unless terminated by the City, pursuant to t
terms set forth herein.
As long as the City is paying for maintenance with respect to the Software unr
the terms set forth herein, the Contractor shall provide to the City at no additional c
(and, to the extent applicable, install or give adequate instructions for the installatior
magnetic image program updates and additions) the following goods and services:
A. All user guide updates created by the Contractor which relate to the Software.
B. All program updates and additions for use with the Software which
developed by the Contractor, provided, however, that no such program update
addition shall materially impair the functionality or performance characteristics of
Software.
additions will be included in magnetic image with the Software mailing; hard c
documentation will normally follow immediately after delivery of the Software upd
and additions.
Documentation updates which relate to particular program updates
04/03/96
27
(. . e e
.* C. Phone-in consultation services in which the City may request and receive verb:
information regarding the use of the Software. Normal response to client-initiate
requests for information will be within four (4) hours. These services shall be availabl
during the hours of 5:OO a.m. to 5:OO p.m., Pacific Standard Time, on standard busines
days. The City agrees to attempt to locate information in provided user documentatio
prior to use of phone-in consultation service.
D. Phone-in consultation services will also be available on a 24-hour basis i
needed. Fees for such services delivered during times other than those stated abo\
shall be at a rate negotiated by the parties and will be in addition to the costs stated
Section I1 below.
1. As the Contractor provides updates to its Software, remote support may I:
required via telecommunications. The City agrees to install and maintain, for tt
duration of this Contract, a 14.4 (minimum) BPS modem.
2. All program changes deemed necessary by the City (including any progr:
updates and additions) to make the software perform as described in the user guidc
provided, however, that no user guide update shall be effective to delete or reduce
functional specification without the City's consent.
Maintenance services shall be provided with sufficient promptness in an effort
avoid down-time. Any modifications not made by the Contractor, and the results caus
thereby to the Software shall be the sole responsibility of the City.
For the term of this Software Maintenance Agreement, the Contractor shall prov
the City, on a timely basis, with updates necessary for the System to continue
accomplish its principal computing functions and with updates reflecting improveme
made to the Software by the Contractor. If the City notifies the Contractor thz
04/03/96
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4. . x 0 0
.* suspects an error in the program logic or documentation of the Software, the Contract
shall, as part of such support, use its best efforts to confirm the existence of the err
and correct it.
The Contractor shall provide the City with such modifications to the Software i
the City may reasonably require to maintain the compatibility of the Software with ne
releases or updates of the HP Unix operating system. Said modifications shall I
provided as part of the Software Maintenance Agreement at no additional cost.
The City will have the option, at the end of the first year Warranty under tl
Contract, to extend such maintenance from year to year. Should the City not exerci
the option to extend maintenance beyond the first year of maintenance under t'
Contract, the City retains the right to purchase at cost from the Contractor any futi
releases and/or enhancements to the Software, including modifications to the Softwz
to maintain its compatibility with new releases of the operating system.
The City accepts responsibility to remain current with maintenance on all thirc
products that are required for use with IFAS.
II. HASSLE FREE SUPPORT
As long as City is paying for Standard Maintenance under the terms and cor
stated in Section I and Ill of this Attachment A, City shall have the option to p~
Hassle Free Support (HFS) as further defined herein. Under HFS, Contractor shall I
to the City the following goods and services:
A. Automatic updates for identified software corrections and general IFAS
enhancements on a routine and regular basis.
B. Updates, including all documentation, shall be transmitted via
telecommunications transmission under the terms and conditions set forth in the S
04/03/96
29
0 e t- .
.* Maintenance Agreement.
C. A locally accessible log of all Bi-Tech activity performed to effect the re
update shall be available immediately upon completion of the HFS process.
Licensee agrees to provide direct access of the licensed IFAS system to Bi-Tec
purposes of performing all update activities via remote telecommunications transmissic
modem with a minimum speed of 14,400 BPS must be provided by the licensee for all
updates. Access to the system by Bi-Tech shall conform to the procedures as identifi
the City. The licensee shall inform Bi-Tech in writing no less than thirty (30) busines:
prior to any changes in the HFS log-on procedures or as mutually agreed upon. If Bi
is instructed to provide HFS Maintenance to any directory/account other than the c
’Production’ directory/account, it shall be the responsibility of the client to updai
‘Production’ directory/account prior to the next scheduled HFS update.
The licensee shall have the option, at the end of the first year of HFS Mainte
under this Agreement, to extend such maintenance on a year to year basis.
Should the Licensee not exercise the option to extend HFS Maintenance beyc
first year of maintenance under this Agreement and continue standard maintenance
the Software Maintenance Agreement, the Licensee retains the right to obtain any s(
corrections, future releases, and/or enhancements, including modifications to the Sc
to maintain its compatibility with new releases of the operating system through ti
standard method of update supported by Bi-Tech.
111. CHARGES
The charges for the City’s maintenance coverage shall be based on a rate of 125
undiscounted price of the Software as set forth in Attachment B. In addition, the C
opt to purchase “Hassle Free Support” as further described above for an additiona
04/03/96
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as . 0 0
.A fee of $1,550 per year.
All maintenance charges are subject to annual increases provided that such incn
cannot be accessed during the term of such extended coverage. Annual increas
maintenance coverage are limited to the increase in the previous year’s CPI for I
Wage Earners (all items) - Western Region or 2%, whichever is less.
IV. PAYMENT SCHEDULE
Payment of maintenance charges, plus applicable taxes, may be pro-rated the firs
to a date as specified by the City, and will be paid annually thereafter.
04/03/96
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.* COST SUMMARY
Item
SOFTWARE & IMPLEMENTATION
Bi Tech Application Modules
General Ledger
NUCLEUS
Accounts Payable/Encumberance
Accounts Receivable/Cash Receipts
Check Management
Person/Entity Database
AD HOC Reporting/Budget Models
Click, Drag & Drill
Job/Project Ledger
Budget Item Detail
Purchasing
Pay ro I I
Human Resources
Position Control
Fixed Assets
Sub-Total Bi Tech Application Modules
Bi Tech Modications
Benefits based on seniority
Active employee no accrual
Sierra Permit Interface
Sub-total Bi Tech Modifications
Informix Software
Online Dvlp.
Online RT
ESQUC, Dvlp
ESQUC, RT
C-ISAM, RT
14GL, Dvlp
14GL, RT
Sub-total Informix Software
MicroFocus Software
MF Cobol, Dvlp
MF Cobol, RT-first user
MF Cobol, RT-added users
Sub-total MicroFocus Software
List Purct
Price Discount Pril
2( 28,050 0%
8,250 0% I
16,500 0 Yo If
16,500 0% It
8,250 0% i
4,950 0% I
Incl. 0%
Incl. 0%
19,800 15% 11
9,900 15%
15,675 15% 1
26,400 15% 2
26,400 15% 2
7,425 15%
9,900 15%
198,000 1t
2,800 0 Yo
1,400 0%
N/C b
4,200
7,500 15%
375 15%
8,930 15%
3,600 15%
2,700 1 5%
13,500 15%
84,980
48,375 15% d
1,250 20%
250 20%
2,300 20%
3,800
Item
Additional Software
TRIAD Module
GUI (5@$1 OO/station)
ODBC & I-Net Products (48@$200/station)
Sub-total Additional Software
Training and Implementation Services
Standard Training Assistance (53@$625/day)
Consulting (34@$700/day) - Includes consulting,
Additional Consulting Days (Triad, GUI & ODBC) (6@$700/day)
additional imp. assistance, data conversion.
Sub-total Training and Implementation Services
Bi Tech System Integrator Role (Phase I Only)
GRAND TOTAL -SOFTWARE & IMPLEMENTATION
Bi Tech Application Modules - Price Protection*
Stores Inventory
Business 8, Animal Licenses
* Price protected until 12/31/98.
HARDWARE
Hewlett Packard Hardware & Services
Hardware - HP/9000
Software
System Support
Single Event Support
Sub-total Hewlett Packard Hardware & Services
GRAND TOTAL - SOFTWARE, IMP. & HARDWARE
List Purc
Price Discount Pri
4,125 10%
500 10%
9,600 10%
14,225 1
33,125 50% 1
23,800 20% 1
4,200 100%
61 ,I 25
7,000 0%
373,330 3’
19,800 0%
9,900 0%
62,894 I
14,742
5,132
7,920
90,688
I 464,018 4
4. * 0 0
.*
ATTACHMENT C
CITY OF CARLSBAD REQUEST FOR PROPOSAL
FOR FINANCIAL INFORMATION SYSTEMS
SOFTWARE LICENSE AND SUPPORT
ON FILE IN THE CITY OF CARLSBAD CITY CLERK’S OFFICE
* e 4’ *
I‘
ATTACHMENT D
BI-TECH SOFTWARE, INC.
PROPOSAL TO
THE CITY OF CARLSBAD
ON FILE IN THE CITY OF CARLSBAD CITY CLERK’S OFFICE
'e Number: 1112.
ATTACHMENT E @:ug of Carlsbad mwm PRODUCT DESCRIPTION Quote Date: MAR
m KXA, .PACKARD
Last Revised: 03-0L
PAGE
Quotation
Customer : City of Carlsbad 1200 Carlasbad Village Drive Carlsbad, CA 92008 Attn: Purchasing Department Ref: FIS RFP - 61-TECH
HP Contact: Mal Oleson
Hewlett-Packard Company
1421 South Manhattan Avenue Fullerton, CR 92631 (714) 758-5653
Terms : Items contained in Purchase Agreement AlM95 are subject to terms and conditions described therein. Any items not contained in the Purchase Agreement
are subject to HP terms and conditions
of E16 930601
Net 60 days, subject to credit approval All list prices are for U.S.A end use only.
All list prices are firm for 90 days.
FOB : Destination
Please Submit Purchase Order to:
Hewlett-Packard Company Customer Service Center
8000 Foothills Boulevard
Roseville, CA 95747 Fax No: 1-800-386-1118
(800) 386-1117
Authorizing Signature:
Mal Oleson Sales Representative
-1 e Number: 1112. Cib.j of Carlsbad
Last Revised: 03-01
I &!!fJ -iiF<LiDs W
.* Quote Date: MAR
SUMMFIRY PAGE
-Quotation
Annua. Net Price Monthly Charge
Hardware: $62,894.52
Software: $1 4,742.00
System Support: $5,132.40
Single Event Support: $7,920.00
$90,688.92 $0.00
e Number: 1112- @i~g of Carlsbad Quote Date: MAR Last Revised: 03-04
. E"pI ,PiCI(AR 0 , 0
PAGE Quotation
Product Suffix Unit E Item QtY Description Price -
Please include your END USER CONTQCT NAME and PHONE NUMBER for the support
of your product(s1 on your purchase order. The end user contact is the
individual HP will be contacting for product support information.
The following structured solution, items
0100 and subitems, is offered for sale with a defined configuration menu and
solution adjustment. Changing the configuration may affect the offer.
0100 1 A3282A Delivery:8 weeks 43,250.00 Discount 22.00% -9,515.00 Net Price 33,735.00 HP9000 K210 Server w/128 MB ECC memory
4 HP-PB slots, 1 High Speed System Connect HP-HSC slot, 802.3 LON, UPS port
SCSI F/W, 2 user HP-UX license w/TCP/IP, ARPA 6, NFS services, 1 year warranty.
Purchase Agreement No: AlM95 Exp: 12/31/99
1 Option OS3 3,120.00 Discount . 22.00% -686.40
Net Price 2,433.60 TEL; SameDay HW Coverage; SysSupp-1st Yr Software phone-in assist, License to use
updates, HP SupportLine. Upgrades hardware warranty to Same Day, On-Site
repair (outside US).
1 Option OSZ 1,039.00 Discount 22.00% -228.58
Net Price 810.42
Provides installation, configuration,
and verification of networks.
0101 1 A2995A Delivery:8 weeks 12,000.00 Discount 22.00% -2,640.00
Net Price 9,360.00
120 MHz PA-RISC 7200 CPU
Purchase Agreement No: AlM95 Exp: 12/31/99
te Number: 1112 OLg of Carlsbad Quote Date: MOR Last Revised: 03-01
.%!YA. PACK A AD \- .
PAGE
Quotation
I Suffix Unit Product
Item QtY Description Price
_.
1 Option OD1 Delivery:8 weeks 0.00 Factory integrated
1 Option OS3 300.00 Discount 22.00% -66.00 Net Price 234.00 First Year of System Support. Hardware: Upgrades warranty to 4-hour on-site response.
01 02 1 A3027A Delivery:4 weeks 9,600.00
Net Price 7,488.00
128 ME3 ECC High Density Memory Module
Purchase Agreement No: AIM95 Exp: 12/31/99
Factory integrated
First Year of System Support.
Hardware: Upgrades warranty to 4-hour on-site response.
4 GB FWD SCSI-2 Disk Drive
Purchase Agreement No: AI M95 Exp: 12/31/99
4 Option OD1 Delivery:4 weeks 2,300.00 Discount 22.00% -506.00 Net Price 1,79kOO
Discount 22.00% -2,112.00
1 Option OD1 Delivery:4 weeks 0.00
1 Option OS3 0.00
0103 4 R3353A Delivery:4 weeks 0.00
Factory integrated
4 Option OS3 0.00
TEL; SameOay HW Coverage; SysSupp-1st Yr Software phone-in assist, License to use
updates, HP Supportline. Upgrades hardware warranty to Same Day, On-Site
repair (outside US).
0104 1 A3416R Delivery:4 weeks 0.00
Quad Speed 600MB CD-ROM Drive
Purchase Agreement No: AIM95 Exp: 12/31/99
1 Option ODS De1ivery:Lc weeks 0.00
Complimentary CD ROM Drive
I ‘.e Number: 11lZ- . KYA,PAC.KARD , 0 a! 1-4 of Carlsbad Quote Date: MAR Last Revised: 03-04
PAGE
Quotation
E Product Suffix Unit Item QtY Description Price -
1 Option OS3 0.00 First Year of System Support. Hardware: Upgrades warranty to 4-hour on-site response.
&GB DDS DAT Drive with data compression to be installed inside the SPU
Purchase Agreement No: AI M95 Exp: 12/31/99
1 Option ODZ Delivery:6 weeks 2,695.00 Di s count 22.00% -592.90
0105 1 A3183A Delivery:4 weeks 0.00
Net Price 2,102 * 10
1 Option OS3 0.00
Factory integration unit
TEL; SameDay HW Coverage; SysSupp-1st Yr Software phone-in assist, License to use updates, HP SupportLine. Upgrades
hardware warranty to Same Day, On-Site
repair (outside US).
0108 1 C1064GX De1ivery:TBA 539.00 Discount 22.00% -118.58 Net Price 420.42 System Console - Green Screen Purchase Agreement No: AIM95 Exp: 12/31/99
U.S. - English localization
Contains United States keyboard. English
user‘s manual and United States power
cord.
1 Option ABA Delivery:4 weeks 0.00
1 Option OS3 0.00 First Year of System Support. Hardware: Upgrades warranty to 4-hour on-site response.
01 09 1 A3187A Delivery:6 weeks 850.00 Discount 22.00% -187.00
Net Price 663.00 Rackmount kit for HP 3000/9000 K Class
Purchase Agreement No: All495 Exp: 12/31/99
r te Number: 1112 ." CA,y of Carlsbad Quote Date: MAR Last Revised: 03-01
I xy4.PACKARO
I PAGE 'Quotation
Product Suffix Unit Description Price Item QtY
0110 1 A2440A Delivery:3 weeks 0.00
-
HP-UX 2 user license and manuals
Purchase Agreement No: AlM95 Exp: 12/31/99
HP-UX revision 10.0
1 Option APS Delivery:3 weeks 0.00
1 Option ABA Delivery:3 weeks 0.00 U.S. - English localization
1 Option OD1 Delivery:3 weeks 195.00 Discount 22.00% -42.90 Net Price 152.10 Factory integrated Software instant ignition
HP9000 Server HP-UX Licenses and Media Media for all user levels.
Licenses for 8/16/32/64 or unlimited
users. Purchase Agreement No: AlM95 Exp: 12/31/99
9,500 .OO
22.00% -2,090.00
7,410.00
0111 1 63897A Delivery:3 weeks 0.00
1 Option AGP Delivery:3 weeks Discount
Net Price
64 user media specification
1 Option AJG Oelivery:3 weeks 520.00 Discount 22.00% -114.40
Net Price 405.60 CD-ROM media and certificate
1 Option OSG 996.00
Discount 22.00% -219.12 776.88 Net Price Software: phone-in assistance, license to use updates, media 6 documentation
updates, HP SupportLine access.
0112 1 83701AA Delivery:3 weeks 0.00
Glanced+Pak Media/mnl for HP9000 Servers
MUST order license product B3700AA with every order for this media/manual product.
Purchase Agreement No: AIM95 Exp: 12/31/99
I .e NumDer: IIIL- @ i,g of Carlsbad Quote Date: MAR Last Revised: 03-04
a , &Y!,PACKARD,
PAGE Quotation
E Unit Product Suffix
Item QtY Description Price -
1 Option RAU Delivery:3 weeks 100.00 Discount 22.00% -22.00 Net Price 78.00 CD-ROM certificate for HP Glance+ Pak
software for HP 9000, S/800. Provides a keyword to access software via CD media,
and a manual. MUST order license product
63700AA with this.
1 Option OD1 Delivery:3 weeks 0.00 Factory Integration opt. for Glance+Pak software on HP 9000 Servers. Provides
factory installation of software. MUST order license product B3700ACI.
Version of GlancePlus Pak for HP 9000 Servers compatible wikh HP-UX 10.0,
Order this for version of GlancePlus Pak
compatible with HP-UX release 10.0.
1 Option APS Delivery:3 weeks 0.00
1 Option OS3 130.00 Di s count 22.00% -28.60 Net Price 101.40
First Year of System Support. Software: phone-in’ assistance, license
to use updates, media ti documentation
updates, HP SupportLine access.
MirrorDisk/UX license-to-use provides LVM mirroring for SCSI and
HP-FL disks.
Purchase Agreement No: AI M95 Exp: 12/31/99
Delivery:3 weeks 1,575.00
D is count 22.00% -346.50
Net Price 1,228.50
0113 1 B2491A Delivery:3 weeks 0.00
1 Option AH0
System license for HP 9000 tier 1 SPUs HP 9000 model E-, F-, G-class, KlOO and
K200 Servers, as well as 807, 808,
817, 815, 822, 827, and 837
HP-UX revsion 10.0
1 Option APS Delivery:3 weeks 0.00
Le IYUIIIUC:I . I I IL- eAeg of Carlsbad 0 Quote Date: MAR
-m- rnwa.c.nu
f. .
Last Revised: 03-0t
PAGE
Quotation
Product Suffix Unit E Item QtY Description Price - -
1 Option AAH Delivery:3 weeks 305.00
Discount 22.00% -67.10 Net Price 237.90 DDS cartridge or HP-IB disks. software on DAT tape.
Factory integrated
mirroring of SCSI and HP-FL disks. Factory IntegratedIInstant Ignition
of the MirrorDiskIUX software.
Provides disk mirroring
1 Option OD1 Delivery:3 weeks 0.00
1 Option OS3 225.00
D is count 22.00% -49.50
Net Price 175.50 First Year of System Support.
Software: Phone-in assistance, license
to use updates, media & documentation updates, HP SupportLine access.
0200 1 A18970 Delivery:3 weeks 2,450.00 D is count 22.00% -539.00 Net Price 1,911.00 1.6 meter standard 19" EIR rack
for rackmounting servers & peripherals.
Purchase Agreement No: AIM95 Exp: 12/31/99
1 Option AEA Delivery:3 weeks 0.00 U.S. - English localization
200-24OV power distribution unit PDU comes with IEC 320 receptacles.
First Year System Support. Software phone-in assist, license to use updates, media 6 documentation updates,
HP SupportLine. Same day hardware on site repair coverage.
HP-UX 10.01 Server Documentation
Purchase Agreement No: A1 M95 Exp: 12/31/99
1 Option OS3 0.00
0300 1 B3921AA Delivery:4 weeks 0.00
;e Number: IIIL- e m. y of Carlsbad Quote Date: MAR Last Revised: 03-04
c KYA :i,iCI(AR 0 ,
PAGE Quotation
Product Suffix Unit E Item QtY Description Price -
1 Option OBC Delivery:4 weeks 695.00 Discount 22.00% -152.90
Net Price 542.10 Manuals on CD-ROM
1 Option OB0 Delivery:4 weeks 75.00 Discount 22.00% -16.50
Net Price 58.50 General usage manuals
1 Option OB€ Delivery:4 weeks 690.00 Discount 22.00% -151.80
Net Price 538.20
Systems admin manuals
1 Option OS3 105.00
Di s count 22.00% -23.10
Net Price 81.90
Doc Updates.
Glance+Pak License for HP9000 Servers Glanceplus Pak bundles Glanceplus 6 MeasureWare Server Agent software. Need
to order B3701AFI for media and manual. Purchase Agreement' No: A1 M95 Exp: 12/31/99
1 Option AH0 Delivery:3 weeks 2,500.00
Oi s count 22.00% -550.00
Net Price 1,950.00
Delivery:3 weeks 0.00 0400 1 B3700AA
License to use GlancePlusPak on a Tier 1 HP 9000 Server computer system.
1 Option OS3 200.00
Discount 22.00% -44.00
Net Price 156.00
( If ordered before APR 1, 1996,
extended price will be $85.80 1 First Year of System Support. Software: phone-in assistance] license
to use updates, media & documentation updates, HP SupportLine access.OS2/3/6
qty must match product license qty.
et e Number: 1112-
+.i~g of Carlsbad Quote Date: MAR Last Revised: 03-04
a <&fipJ IILWW-b a 1 SACKARD ,
\'
PAGE Quotation
Product Suffix Unit E
Item QtY Description Price -
Delivery:6 weeks 50.00 Discount 22.00% -11 .oo Net Price 39.00
5 meter AC power cord Purchase Agreement No: AlM95 Exp: 12/31/99
0500 1 A3196A
0600 1 B1901AA Delivery:& weeks 2,000.00
Discount 22.00% -440.00 Net Price 1,560.00
Openspool Print Manager License
to Use for one print manager, supporting a maximum of 10 printers or plotters. HP
HP OpenView Openspool is a flexible and powerful print management solution. Purchase Agreement No: AlM95 Exp: 12/31/99
1 Option OS3 270.00
Discount 22.00% -59.40 Net Price 210.60
First Year of System Support. Software: phone-in assistance, license
to use updates, media and documentation updates. HP SupportLine access. OS213 qty must match product license qty
1 B1902AA Delivery:4 weeks 300.00
22.00% -66.00 Discount Net Price 234.00
0700
HP OV Openspool Node License to Use
HP Openspool LTU for one node; one
license supports a workstation or business server, configured for any HP Openspool functions, incl. management Purchase Agreement No: A1M95 Exp: 12/31/99
1 Option OS3 35.00
Discount 22.00% -7.70
Net Price 27.30
First Year of System Support. Software: phone-in assistance, license
to use updates, media and documentation
updates. HP SupportLine access.
OS2/3 qty must match product license qty
f .e Number: 1112- e *iby of Carlsbad Quote Date: MRR Last Revised: 03-04
0 >LDFJ I I -..-- a . .PACKARD I
PAGE Quotation
Product Suffix Unit E
Description Price Item QtY -
0800 1 B1905AR Delivery:& weeks 295.00 Discount 22.00% -64.90 Net Price 230.10 OpenSpool Media for Series 800 (DAT/DDS) Used as central administration system; includes also SW for HP9000 series 300/
400/700, SUN SPARCstation, IBM RS600, and local language files.
Purchase Agreement No: AIM95 Exp: 12/31/99
1 Option OS3 60.00 Discount 22.00% -13.20
Net Price 46.80 First Year of System Support.
Software: phone-in assistance, license to use updates, media & documentation updates, HP SupportLine access.
0900 1 B1906RA Delivery:’+ weeks 150.00 Discount 22.00% -33.00 Net Price 117.00 HP OpenView OpenSpool manual in English. English. Purchase Agreement No: AlM95 Exp: 12/31/99
Discount 22.00% -22.00 Net Price 78.00
1 Option OS3 100.00
First Year of System Support. Software: phone-in assistance, license to use updates, media & documentation updates, HP SupportLine access.
1000 1 51434s 1,675.00
Fundamentals of UNIX System Course at HP 5 day course for system administrators, programmers at HP education center. Introduction to HP-UX operating system and fundamentals of shell programming.
1100 1 51482s 1,995.00
HP-UX Sys Admin Series 800 Course at HP
5 day course at HP education center.
Learn how to perform system =
administration duties on an HP9000 S800
system operating HP-UX 9.0 OS.
@ te Number: 1112-
by of Carlsbad Quote Date: MAR Last Revised: 03-OL
I 6!?m, iiCITiR0,
Quotation
PAGE
Product Suffix Unit E It em QtY Description Price
1200 17 51415A 250.00 Hourly Consulting - Specialist Rate Time and materials charge.
ttt GROSS AMOUNT: $’
t** LESS DISCOUNT: Y
ttf GRAND TOTAL: c
( If ordered before APR 1, 1996,
For your planning purposes, the estimated (budgetary) cost for support
after +warranty period (year 2) is
Year Support Cost
2 $ 10,345.00
3 $ 10,862.00
4 $ 11,405.00
5 $ 11,975.00
- -
-d
grand total will be $90,618.72 )
*Warranty period is one year from date of installation. It does not represent a firm offer
and is not sales discountable.
The discounts offered are available to
all departments, agencies, municipali- ties and political subdivisions of the
State of California. Public education institutions are specifically excluded. Terms and Conditions of Purchase Agree- ment Number AlM95 are the sole terms
applicable to the items quoted herein. In order to receive the price quoted,
a certification of eligibility may be required when submitting a purchase
order. Please reference the Purchase
Agreement Number AIM95 and the quotation
number on your purchase order.
,e Number: 111L-
c'iby of Carlsbad Quote Date: MAR Last Revised: 03-04
*Pa *;ii-t..io I 0
Quotation I'
,
PAGE
Product Suffix Unit E Item QtY Description Price - -
Prices quoted include prepaid HP standard transportation. Taxes, if
applicable, are not included. Payment on partial shipments will be considered acceptable unless otherwise noted on your purchase order. Please note on your order your requested delivery date. This quotation is subject to the Terms and Conditions of Hewlett-Packard's Exh.
E16 or buyer's purchase agreement.
Please reference Hewlett-Packard's quote number, purchase agreement (if applic- able) and item sequence on any resulting purchase order. Please contact your HP Sales Representative for technical
questions.
This quotation is provided to expedite
customer ordering. Please reference the quotation number when placing an order.
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PAYMENT
Milestone/Payment Item
1. Contract Signing
Bi Tech Application Modules
Additional Software
HP Hardware
lnformix and Microfocus Software
Bi Tech Training and Implementation Services
Bi Tech System Integrator Role - Phase I
Sub-total
2. Upon Acceptance of the HP Hardware, lnformix
and Bi Tech Initial Installation(1)
Bi Tech Application Modules
Additional Software
HP Hardware
lnformix and Microfocus Software (2)
Bi Tech Training and Implementation Services
Bi Tech System Integrator Role - Phase I
Sub-total
3. Upon Acceptance of Phase I Modules* (or 120
days from completion of Milestone #2)
Bi Tech Application Modules
Additional Software
Su b-total
4. Upon Acceptance of Phase II Modules* (or 210
days from the completion of Milestone #2)
Bi Tech Application Modules
Additional Software
Sub-total
5. Upon Satisfactory Completion of Phase II
Stress Tests
Bi Tech Application Modules
Additional Software
Su b-total
TOTALS
Modifications
(1) For definition of Acceptances, see Acceptance Testing
(2) Proof of payment made by Bi-Tech for lnformix and
Microfocus products required prior to this payment.
section within the Contract document.
SCHEDULE
Bi Tech Hewlett-Pack
% of Cumulative YO of Cumulative
Total $ YO $ Total YO
20 20 36,135
20 20 2,561
20 20 15,055
20 20 7,121
20 20 1,400
62,271
30 50 54,203
30 50 3,841
80 100 60,218
80 100 28,482
80 100 5,600
152,344
0 0 0 100 100
30 80 54,203
30 80 3,841
58,043
10 90 18,068
10 90 1,280 19,348 ~
10 100 18,068
10 100 1,280
19,348
31 1,354
4,200
* -- * I 0 e
-\
ATTACHMENT H
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT,
That (“Con tractor”) and
bound unto the CITY OF CARLSBAD, as Obligee, hereinafter called Owner, in the sur
of Dollars, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Contractor has been awarded and is about to enter into a contract wi
Owner to perform all work required under the Bid Schedule(s) of the Owner’s
specifications entitled,
WHEREAS, the provisions of the Contract are incorporated by reference into this
Faithful Performance bond and shall be part of Surety’s obligation hereunder.
NOW THEREFORE, if Contractor shall perform all the requirements of said contract
required to be performed on his part, at the times and in the manner specified herein,
then this obligation shall be null and void, otherwise, it shall remain in full force and
effect.
PROVIDED, that
(1)
(“Surety”) are held and firmly
any alternations in the work to be done or the materials to be furnished, which
may be made pursuant to the terms of the Contract, shall not in any way relea
Contractor or Surety hereunder,
any extensions of time granted under the provisions of Contract shall not relea
either Contractor or Surety from their respective obligations to Owner,
notice of any such alterations or extensions of the Contract is hereby waived t-
Surety,
any payments (including progress payments) made on behalf of Owner to
Contractor after the scheduled completion of the work to be performed pursuz
to the Contract shall not release either Contractor or Surety from any obligatic
under the Contract or this Faithful Performance Bond, or both, including any
obligation to pay liquidated damages to Owner.
(2)
(3)
(4)
-* . e e
- i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
f.MU r;-i 4 G‘f before me, fiHr I” ,--( C; L - sf Pd$fv~’ ’ NAME, TITLE OF OFFICER - dG.. “JANE DOE, NOTARY PUBLIC’
personally appeared
0 personally known to me - OR - mroved to me on the basis of satisfactory evide
to be the person(s) whose name(s) is/
subscribed to the within instrument and
knowledged to me that he/she/they execc
the same in his/her/their authori;
capacity(ies), and that by his/her/tt
signature(s) on the instrument the persor
or the entity upon behalf of which
NAME(S) OF SIGNER(S)
Though the data below is not required by law, it may prove valuable to persons relying on the document and could 1
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUM
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON@) OR ENTIN(IES)
SIGNER(S) OTHER THAN NAMED AB0
01993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave.. P.O. Box 7184 Canoga Park
. -v. e e -- *
SIGNED AND SEALED, this day of ? 19-
Contractor Surety
SI(JLFDP7 P /&Sf &./ f
Typed Namenitle Address
Phone No.
(SEAL)
Typed Namenitle
BY
Signature S ig nature
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
(Power of Attorney to be attached)
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