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ORDINANCE NO. 15,071
AN ORDINANCE DISPENSING WITH THE REQUIREMENT
OF COMPETITIVE BIDDING AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT WITH
LITTLE ROCK PROGRAMMING LAB FOR CONSULTING
SERVICES FOR THE CITY'S COMPUTER SYSTEMS.
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WHEREAS, the Board of Directors may dispense with the
requirement of competitive bidding in exceptional situations
where such procedure is not feasible; and
WHEREAS, the City of Little Rock has a need for consulting
services with regard to the City's computer system; and
WHEREAS, Sam Trotter has programmed the existing computer
system for the City of Little Rock.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. The Board of Directors hereby finds that
competitive bidding should be dispensed with for the consulting
services for the City's computer system as an exceptional
situation exists and competitive bidding is not feasible.
Section 2. The City Manager is hereby authorized to enter
into a contract with Little Rock Programming Lab for consulting,
services with regard to the City's computer system.
PASSED: March 18, 1986
ATTEST:
- -- - - ----- - - - - --
CIT CL RK J CZECH
APPROVED AS TO FORM:
,
OFFICE
ITY TTO Y'S OFFFICE E
APPROVE,7* 1- L = --°ems -(.it, /s �P•
MAYOR THOMAS A. PRINCE
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C O N T R A C T
This Agreement is entered into this
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day of March, 1986,
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between the City of Little Rock (hereafter "City ") and the Little
Rock Programming Lab (hereafter "LRPL "). in consideration of the
covenants set forth herein, the parties agree as follows:
ARTICLE I
DEFINITIONS
section 101. Definitions
"Agreement" The contract between the parties as
evidenced by this written agreement between
the parties
"City" The City of Little Rock, Arkansas, a duly
organized municipal corporation in the State
of Arkansas
"LRPL" The Little Rock Programming Lab is an
unincorporated computer consulting business
enterprise. LRPL is the name used by Samuel
B. Trotter to identify the natdre of his
professional service work.
"Normal Hours" The Normal Hours referred to in this.
Agreement are 8:00 a.m. to 5:00 p.m., Monday
through Friday, excluding recognized City
holidays.
"Problem Resolution" The resolution of any problems that develop
with the hardware or software of the City's
computer system, particularly the operating
system; provided, problem resolution does
not mean mere computer hardware maintenance
work. Problem resolution also entails being
available for consultive work concerning the
operating system.
"Special Projects" Any special projects concerning revision of
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the operating system software package, the
teaching of seminars, or assistance in
conversion from the present computer system
to a new system if the City elects to
purchase a new system.
ARTICLE II
TERM
Section 201. Term of the Agreement
This term of this Agreement shall be from January 1, 1986,
to December 31, 1986. The term of this Agreement may be extended
by mutual written consent of the parties, provided that any
extension into a subsequent fiscal year is approved by the City
Board of Directors.
Section 202. Ratification
The City and LRPL hereby acknowledge that this Agreement has
been in effect since January 1, 1986, regardless of the date the
Agreement was actually executed. Any sums due LRPL by the City
prior to the date of execution are included within the contract
limits set forth in this Agreement. Any work done by LRPL prior
to the execution of this Agreement will be paid in accordance
with the terms of this Agreement. The City and LRPL agree that
at the time this Agreement is executed, no sums are due and owing
that are not included within the terms of this Agreement.
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ARTICLE III
RATES OF COMPENSATION
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Section 301. Schedule for Problem Resolution
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The City agrees to pay LRPL the sum of $18,000.00 during the
term of this Agreement for problem resolution. This obligation
is to be paid in installments of $1,500.00 per month beginning on
January 1, 1986, and continuing until December 1, 1986, or until
this Agreement is terminated in accordance with Section 504,
whichever comes first. For this monthly payment, the City is
allotted a maximum of 20 hours per month for problem resolution.
Any time in excess of 20 hours per month will be billed
separately in accordance with Section 304.
Section 302. Schedule for Special Projects
In addition to payments for problem resolution, the City
agrees to reserve $7000.00
on special projects during
represents a commitment by
of this Agreement for 87.5
of $80.00 per hour. The C
At any point if it appears
for payment to LRPL for work done
the term of this Agreement . This
LRPL to be available during the term
hours of Special Projects at the rate
ity will pay this sum as billed by LRPL.
that any special project will exceed
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this commitment of 87.5 hours, or for any special project not
contemplated by this Agreement, the City and LRPL may enter a
separate written agreement to cover that situation.
Section 303. Minimum Compensation
Anytime the City secures LRPL assistance during normal hours
for problem resolution a minimum of two hours will be credited
against the City's 20 hour monthly maximum. If LRPL begins work
on any problem resolution at such time that this two hour minimum
extends beyond normal hours, then LRPL will complete that two
hour minimum period without charging any bonus time. LRPL will
cease work upon the expiration of that two hour minimum unless
given authorization to continue by an authorized city contact as
identified in Section 503. If authorization is given to work
beyond normal hours and past the minimum, compensation will be in
accordance with Section 304.
Section 304. Bonus Compensation
Except as set out in Section 303 above, any work done by
LRPL beyond normal hours will be charged at the rate of two hours
for each one hour worked. This time will be credited against the
City's 20 hour monthly maximum. If the monthly maximum is
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exceeded, each additional hour worked will be compensated at the
rate of $80.00 per hour.
Section 305. Invoices
LRPL will send monthly invoices to the City specifying the
following:
(a) The basic monthly charge for problem resolution;
(b) The total number of hours worked that month on
problem resolution;
(c) The dates those hours were worked;
(d) Any additional sums due that month for problem
resolution;
(e) The total number of hours worked that month on
special projects;
(f) The dates those hours were worked;
(g) The sum due for work on special projects;
(h) The total amount due LRPL from the City for that
month.
These invoices will be submitted at the end of each month.
Section 306. Carry Over of Problem Resolution Hours
Regardless of the number of hours spent each month on
problem resolution, no hours will be carried over to any other
month. If problem resolution does not require 20 hours in a
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given month, the City loses any right to any hours less than 20
that LRPL worked during the course of that month.
Section 307. Commencement of Work
For purposes of this Agreement, except when LRPL returns
from out of town to assist the City in problem resolution or on
special projects, LRPL may begin charging time in tenths of hours
when it begins traveling by the most direct route to the place
requested by the City contact. Time ceases to be charged upon
completion of the assignment.
ARTICLE IV
DISCLAIMER OF LIABILITY
Section 401. Indemnity �y the City
The City agrees to hold LRPL harmless for any due process
violations that result in death, physical injury, or the
violation of the civil rights of any person, as a result of one
or several software malfunctions in the operating system of the
City computer system, provided that any such malfunction is not
due to any intentional act on the part of LRPL. This
indemnification agreement includes the City providing legal
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counsel, costs, litigation expenses, and the payment of any
judgments, other than punitive damages. IT IS AGREED, HOWEVER,
THAT THE CITY IS RELIEVED OF ITS OBLIGATIONS UNDER THIS
INDEMNIFICATION PROVISION IF LRPL FAILS TO REASONABLY COOPERATE
WITH THE PREPARATION, PRESENTATION, OR SETTLEMENT OF ANY DEFENSE
PROVIDED HEREIN. FURTHER, LRPL AGREES THAT ALL FINAL DECISIONS
CONCERNING THE SETTLEMENT OF ANY LAWSUITS BROUGHT HEREUNDER WILL
REST WITH THE CITY.
Section 402. Status on Independent Contractor
For the purpose of any action taken by LRPL under this
Agreement, LRPL will at all times be considered an independent
contractor.
ARTICLE V
MISCELLANEOUS
Section 501. Travel Expenses
The City agrees to pay all reasonable travel expenses that
LRPL incurs as a result of having to return to the City from out
of town for problem resolution or special projects. In addition
to reasonable travel expenses, the City shall compensate LRPL for
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actual travel time. LRPL agrees to take reasonable measures to
assure than an authorized city contact is able to locate LRPL at
all times.
Section 502. Modification
This Agreement constitutes the full and complete
understanding between the City and LRPL. No modifications of
this Agreement will be effective unless the parties consent to
such modification in writing.
Section 503. City Contact
The only persons having authority to serve as City contact
with LRPL under this Agreement are the City Manager and the
Director, Acting Director or Assistant Director of the Office of
Management Support of the City. The City contact is the only
person with authority to determine when assistance is required or
which projects are to be undertaken.
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Section 504. Cancellation
This Agreement can be cancelled by either party 30 days
after receipt of written notice to the other party of intent to
cancel the Agreement.
WHEREUPON, the City and LRPL, by their authorized
representatives, affix their hands and seals this day of
March, 1986, and ratify this Agreement as if it were executed on
the 1st day of January, 1986.
LITTLE ROCK PROGRAMMING LAB CITY OF LITTLE ROCK
By: By :
President City Manager
ATTEST:
Honorable Jane Czech
City Clerk
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