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Porter Lee Corp.Porter Lee Coloration Police Dept. - 2001 Software Support Appropriation #419-03 AI~P[IOV[[}, Contract Not To Exceed $375.00 FO[~ BY-'~ AGREEMENT FOR PURCBASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Porter Lee Corporation ("Vendor"), as follows: 1. Vendor acknowledges that it has read and understands this Agreement and agrees to be bound thereby. City agrees to purchase the goods and services ( "Goods and Services") described in attached Exhibit A from City budget appropriation number 419-03 funds. Vendor agrees to provide the Goods and Services to City. Vendor estimates the total price for the Goods and Services as Three Hundred Seventy-Five Dollars ($375.00) ("Estimate"). City shall pay Vendor for the Goods and Services within sixty (60) days from the date of City's receipt of Vendor's invoice detailing same, to the extent such Goods and Services are not disputed and are submitted on an invoice that conforms with attached Exhibit B. Vendor agrees not to provide Goods and Services to City that would cause the total cost of same to exceed the Estimate. This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"). Time is of the essence of this Agreement. Vendor shall maintain in full force during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, insurance necessary to protect City and Vendor in coverage amounts not less than those set forth in attached Exhibit C. Vendor warrants that it will comply with all laws prohibiting discrimination against any employee, or applicant for employment in the provision of Goods and Services to City, and that Vendor's employees and contractors are not employees of City. The Estimate shall be the full and maximum amount City shall be required to pay to Vendor pursuant to this Agreement. 8. This Agreement shall be governed by the laws of the State of Indiana. , If any term of this Agreement is determined to be unenforceable by a court of competent jurisdiction, such term only shall be deemed reformed or deleted to the extent necessary for it to become enforceable. This Agreement gives no rights or benefits to anyone other than City and Vendor. 10. Any notice provided for in this Agreement will be sufficient if it is in writing and delivered by U.S. certified mail, return receipt requested, to the following address: If to City: City of Carmel If to Vendor: One Civic Square Carreel, Indiana 46032 ATTN: Michael Fogarty, Police Chief (with a copy to City Attorney, One Civic Square, Carmel, 1N 46032) Porter Lee Corporation 1064 South Roselle Road Schaumburg, Illinois 60193 ATTN: "'IT~,x Porter Lee Corporation Police Dept. - 2001 Software Support Appropriation #419-03 Contract Not To Exceed $375.00 11. Either party hereto may terminate this Agreement upon thirty (30) days prior notice to the other party. In the event of termination, Vendor shall be paid for those conforming Goods and Services delivered to City as of the termination date. 12. The parties warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party they represent. 13. Subject to the termination provisions set forth hereinabove, this Agreement shall be in effect from its Effective Date through December 31, 2001, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties. 14. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements regarding same. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety Bill~y~lker, Member Date: PORTER LEE CORPORATION By: Authorized Signature Printed Name F)f eGide,~ Title FID/SSN: Date: Mar 27 O1 lO:OOa Porter Lee Corporation 847-584-0556 p.2 Porter Lee Corporation Crime Fighter Beast Evidence Management Description of Software Support Upon payment of the required support fees, Porter Lee Corporation (PLC) agrees to provide software support for the Crime Fighter Beast (Software) according to the following terms: Level 1 A support specialist who is familiar with the software will be available for consultation by telephone during normal business hours. Level 1 problems include questions about how to use the software, ideas for features that may be made a part of the software in the future or reports of error conditions that do not prevent the software from being used as designed. Level I support cannot be used as a replacement for training. Only employees who have attendcd training are eligible to call for Level 1 support. In addition PLC recommends the department designate one or two primary contacts for support purposes. Level 2 A technical support specialist will be available for problems that are preventing the system from being used. If the situation occurs after normal business hours a pager number will be provided that allows the depurlment to contact a technical support specialist on a 24 hour / 7 day basis. Level 2 problems include hardware or software problem that actually prevent the, system from being used as designed. The technical support specialist will require the department to provide a modem cotmection so that dial up access can be used to diagnose or resolve problems. We curren~y use PcAnywhere for this dial in support. The depa~htxent is responsible for having this installed and working properly. Software Support is provided on a yearly term and will continue from year to year as long as the department wishes to pay the fee for the service. The software support fees may be increased to keep up with increasing costs of providing the service. Mar 27 Ol lO:OOa Porter Lee Corporation 847-584-0S5B p.3 Porter Lee Corporation Crime Fighter Beast Evidence Management Description of Software Maintenance Upon payment of the required software maintenance fees, Porter Lee Corporation (PLC) agrees to provide software maintenance for the Crime Fighter Beast (Software) according to the following terms: 1. PLC will provide enhancements to existing features as they become available. PLC will provide documentation for these enhancements. 2. PLC will not introduce an enhancement or feature that forces the department to make major changes that would have a negative impact on day to day operations. 3. PLC reserves the right to introduce customizations done for specific departments to become a part of the base software. Software maintenance is provided on a yearly term and will continue from year to year as long as the department wishes to pay the fee for the service. The software maintenance fees may be increased to keep up with increasing costs of providing the service. Any upgrades which are related to reliability or simplicity of features of basic services will be provided at no additional cost. Any upgrade which involves new features will be added at additional costs depending on features/need ect. Eg. FAX, E-Mail integration, Interactive Voice'Response, Voice and DTMF Forms. All dates stored or transmitted electronically are complete and unambiguous with respect to millennium, century, year, month, and day. Without limiting the generality of the previous sentence, this definition specifically requires accurate handling of all date information before. Daring, and after January I, 2000, including, but not limited to, accepting date input, providing date output, and performing calculations on dates or portions of dates. All dates presented for viewing are unambiguous in context, such that the correct date may be intuitively understood, or there are roles available to make them unambiguons. All date usage preserves referenlist order without ambiguity. The date format provides proper sorting, ordering, and comparison in any century or millennium in the range of 01/01/0001 through 12/31/9999. Name of Company: Address & Zip: Telephone No.: Fax No.: EXHIBIT B Invoice Date: ProjectName: InvoiceNo: Person Performing Service Service Services Provided Date (Describe in detail in tenth hour units) Hourly one- Rate Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Employer's Liability: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Bodily Injury by Accident/Disease: Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: Personal & Advertising Injury Policy Limit: Each Occurrence Limit: Fire Damage (any one fire): Medical Expense Limit (any one person): Statutory Limits $100,000 each employee $250,000 each accident $500,000 policy limit $500,000 $500,000 $500,000 $250,000 $250,000 $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: Injury and property damage: Policy Limit: Umbrella Excess Liability $500,000 each accident $500,000 each accident $500,000 Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000