Ordinance No. 5,11280922 -16
ORDINANCE NO. 5112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH INFOSOL,
INC. FOR DATA PROCESSING SERVICES; AUTHORIZING PAYMENT
OF FIFTY -TWO THOUSAND AND N01100 ($52,000.00) DOLLARS
FOR SUCH 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, Inc. and
authorizes and directs the Mayor and City Clerk of the City of
Baytown to execute and attest to said contract for data
processing services. A copy of said contract is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council hereby authorizes payment
of FIFTY -TWO THOUSAND AND N01100 ($52,000.00) DOLLARS to Infosol,
Inc. for data processing services.
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 22nd day of
September, 1988.
ATTEST: -
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METT 0. HUTTO, Mayor
EILEEN P. HALL, City Clerk
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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 "City," agrees to engage INFOSOL, INC., hereinafter
called "Infosol" to 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.
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
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performance standards specified by the City for the
$60.00
particular services to be rendered. Infosol assumes
Senior Programmer /Analyst
full responsibility for its personnel including, but
not limited to, the making of all deductions required
®
Operators
of employers by state, federal or local laws, including
Social. Security and withholding taxes and of
$20.00
contributions for employment compensation fund, and the
3.3 The term of this contract shall be
maintenance of Workmen's Compensation and liability
insurance for each of them.
3.2 It is further agreed and understood that the City may
this contract
desire additional services over and above the services
upon sixty (60) days written notification
specified in Exhibit "A" and for that performance of
such additional services Infosol shall be compensated
of the month shall
at the following rate:
be prorated.
FUNCTION RATE PER HOUR
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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, 1988, and ending September
30, '1989. 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 prorated.
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
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EXHIBIT A
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
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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.
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
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connection with the services hereunder, will be the
exclusive property of Infosol. Upon termination or
®
completion of the services performed hereunder, any and
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EXHIBIT A
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contract.
IN WITNESS WHEREOF, the City of Baytown and Infosol, Inc.
have signed this contract, in duplicate, on this day of
® 1988.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
S:5:31:1
CITY OF BAYTOWN
EMMETT 0. HUTTO, Mayor
INFOSOL, INC.
By:
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HIBIT A
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 Infosol.
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.
IN WITNESS WHEREOF, the City of Baytown and Infosol, Inc.
have signed this contract, in duplicate, on this day of
® 1988.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
S:5:31:1
CITY OF BAYTOWN
EMMETT 0. HUTTO, Mayor
INFOSOL, INC.
By:
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HIBIT A
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0 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 thirty -two hours (32) a week.
1. Provide Project Management to assist the City in the
following:
a) Coordinate 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
made 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.
Additional services to be provided include:
1. Provide maintenance and support for all existing City
systems. The maintenance and support referred to shall
EXHIBIT A
consist of the
following:
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a) Telephone
functions
assistance to answer questions
and technical questions about
on system
hardware
problems.
Basic telephone service will be
provided
commencing
at 8:00 a.m. and ending at
5:00 p.m.
EXHIBIT A
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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,
modifications, and enhancements or
products that are in use by the City.
corrections,
other vendor
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
projects that cannot be delivered within the
time limits set by this agreement. Emergency
be considered additional services and shall be
as designated in paragraph 3.2 of the contract
City and Infosol.
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will be such
scope of the
support will
compensated
between the
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