Ordinance No. 4,82770924 -23
ORDINANCE NO. 4827
® .AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK-: TO ATTEST TO A MANAGEMENT
CONTRACT WITH INFOSOL, INC. FOR DATA PROCESSING
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1-. That the City Council of the City of Baytown,
Texas, hereby approves a contract with Infosol, Inca for data
processing services, and authorizes and directs the Mayor and
City Clerk of the City of Baytown to execute and attest to said
contract. A copy of said contract is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2e
from and after
Baytown
INTRODUCED,
City Council of
September, 198?a
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ATTEST:
This ordinance shall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 24th day of
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ETT 0. HUTTO, Mayor
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EILEEN P. HALL, City Clerk:
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RANDALL Do STRONG, Ci ttorney
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CONTRACT FOR
DATA PROCESSING SERVICES
between
® CITY OF BAYTOWN
and
INFOSOL, INC.
8 Greenway Plaza, Suite 610
Houston, Texas 77046
The City of Baytown, a municipal corporation, hereinafter called the
may`- "City ", agrees to engage Infosol, Inc., hereinafter called "Infosol" to
s provide, and Infosol hereby agrees to provide, certain data processing
services pursuant to the terms and conditions of this contract.
1. SERVICE - DESCRIPTION:
Subcontractor shall provide the data processing services herein
and in the Statement of Work, which is attached marked Exhibit "A"
and made a part hereof for all intents and purposes.
0 2. CHARGES:
The City will pay Infosol $52,000.00 for the services covered by
this contract. Payment will be in twelve equal payments of
$4,333.33 due on or before the fifth day of each month of the
month in which the service is rendered.
3. GENERAL
3.1 The personnel assigned by Infosol to perform the services
described in this contract will be qualified to perform
the assigned duties and will follow the performance
standards specified by the City for''ihe particular services
to be rendered. Infosol assumes full responsibility for its
personnel including, but not limited to, the making of all
deductions required of employers by state, federal or local
laws, including Social Security and withholding taxes and of
contributions for employment compensation fund, and the
maintenance of Workmen's Compensation and liability
insurance for each of them.
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3.2 It is further agreed and understood that the City may desire
additional services over and above the services specified.in
Exhibit A and for that performance of such additional services
Infosol shall be compensated at the following rate:
® FUNCTION RATE PER HOUR
Project Manager $60.00
Senior Programmer /Analyst $45.00
Programmer /Analyst $35.00
Operators $25.00
Data Entry $20.00
3.3 The term of this contract shall be for a period of one (1) year
beginning October 1, 1987 and ending September 30, 1988.
Either party hereto may cancel this contract upon sixty (60) days
written notification to the other party. 'Any amount due for any
part of the month shall be pro rated.
3.4 The City acknowledges that during the term of this contract,
Infosol may reveal information to the City which.information
is proprietary to Infosol. The City shall maintain such in
confidence and shall treat the information with the same
degree of care as it accords to its own proprietary information.
Infosol is not obligated under the terms of this contract to
reveal proprietary information or software that has been developed
by Infosol. The City shall not be obligated to treat the
information as proprietary if the same:
(a) is or becomes public knowledge without the fault
of the City,
or
(b) is or becomes available to the City in an
unrestricted manner from a source other than
Infosol,
or
(c) is independently developed by the City without the
assistance of Infosol.
3.5 Not withstanding any other provisions of this contract to the
contrary, except the provisions of Paragraph 3.4 above, the
City does hereby covenant that as to all materials, data
and related items which are deliverable pursuant to this
contract, Infosol shall have good, clear and marketable
title to same, free of all liens and encumbrances.
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3.6 All data design, drawings, tracings, plans, layouts,
specifications, and any and all memoranda, including but not
limited to, any and all written information which may be
or has been furnished to the City and which may be produced,
prepared, or signed by the City in connection with the
services hereunder, will be the exclusive property of Insosol.
Upon termination or completion of the services performed
hereunder, any and all material referred to in this paragraph,
together with all copies and reprints in the City's
possession, custody, or- control, will be promptly transferred
and delivered to Insosol. The City retains the right to use
such material for their own business.
3.7 This contract will be governed by the laws of the State of
Texas.
3.8 In no event is Infosol or the City liable for any indirect,
special or consequential damages arising out of this contract
or the service provided under this contract.
INFOSOL, INC: CITY OF BAYTOWN:
BY BY
TITLE TITLE
DATE - DATE
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® "EXHIBIT A"
STATEMENT OF WORK
I. GENERAL
Infosol agrees to provide the City with the system services
delineated in paragraph II below.
II. SCOPE
Infosol agrees to perform for one and one -half (12) concurrent
days a week not to exceed 67 days annually.
1. Provide Project Management to assist the City in the following:
a.) Co- ordinate all computer related activities within
the City.
b.) Produce and maintain a Work Plan of all computer related tasks
within the City. Advise the City as to the complexity of
all items within the plan and make projections as to the
duration of all projects.
c.) Provide guidance in the evaluation of new computer equipment
and its relevance to the computer environment within the
City.
d.) Provide the evaluation and produce cost benefit analysis
of new systems.
2. Provide Systems Analysis and Programming to assist in the following:
a.) The implementation of the City's Work Plan.
b.) Provide detailed designed on new systems.
c.) Program, test and install new systems.
d.) Provide analysis and programming maintenance support for
existing systems.
0 Additional services to be provided include:
1. Provide maintenance and support for all existing City systems.
The maintenance and support referred to shall consist of the
following:
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a.) Telephone assistance to answer questions on system functions
and technical questions.about hardware problems. Basic
® - telephone service will be provided commencing at 8:00 a.m.
and ending at 5:00 p.m. This service will be available
Monday through Friday, excluding public holidays recognized
by Infosol.
® b.) Dial -up assistance via a modem.
c.) Implementation of updates,.corrections, modifications, and
enhancements of Infosol Software Products that are in use by
Baytown.
d.) Infosol will respond on a best effort basis on any request
for assistance.
2. Provide first line technical support and maintenance for all City
computer operating systems and hardware problems. The maintenance
and support referred to shall consist of the following:
a.) Telephone assistance to answer questions on system functions
and technical questions about hardware problems. Basic
telephone service will be provided commencing at 8:00 a.m.
and ending at 5:00 p.m. This service will be available
Monday through Friday, excluding public holidays recognized
by Infosol.
b.) Dial -up assistance via a modem.
c.)_ Implementation of vendor updates, corrections, modifications,
and enhancements or other vendor products that are in use by
the City.
d.) Infosol will respond on a best effort basis for request for
assistance.- Response to solving problems will be dependent
on vendor's response to request for assistance.
All work that is generated through the maintenance and support agreements
listed in paragraph three (3) and four (4) above will be incorporated
in the work plan for assignment by the Project Manager.
Emergency support that is required by the City will be such projects
that cannot be .delivered within the scope of the time limits set by
this agreement. Emergency support will be considered additional
services and shall be compensated as designated in paragraph 3.2 of
the contract between the City and Infosol.
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