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15071r r r r r r r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. r r 11'7 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 b -/(c Q -1 M Mae M M MM M M M M A M C O N T R A C T This Agreement is entered into this 0 day of March, 1986, 118 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 1 G -l6 4 •o its 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. 2 ARTICLE III RATES OF COMPENSATION 0 Section 301. Schedule for Problem Resolution r M r 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 3 120 v r r r� r r r rr r� �r r rr ■r rr �r r 121 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 4 r� r r r r r� r r r �■ r �r r� r 122 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 5 123 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 2 124 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 7 � �w w w w w w ■� w w w w�� w 125 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. (3 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 9 126