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HomeMy WebLinkAbout5029 RESOLUTION NO 5,029 A RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT BETWEEN PHAROS SYSTEMS , INC. AND CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1. A Contract heretofore executed between the City of Little Rock, Arkansas and Pharos Systems , Inc. for Police Information Records System is hereby amended in form and substance as set out on a copy of said Amendment hereto attached as Exhibit "A" . SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 3, 1973 ATTEST: �<r= � —"" APPROVED: L .WA (' City Clerk Mayor EXHIBIT "A" FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PHAROS SYSTEMS, INC. This First Amendment 'to contract made and entered into by and between the City of Little Rock, Arkansas, hereinafter referred to as CITY and Pharos Systems , Inc. , hereinafter referred to as PHAROS , W I T N E S S E T H: WHEREAS , the parties hereto entered into a contract Agreement dated May 12 , 1972 wherein the City purchased from Pharos professional services for the design, development and implementation of a police information and records system for the Little Rock Police Department; and WHEREAS , it is in the best interest of both the City and Pharos to amend that certain Agreement. NOW THEREFORE , THE PARTIES HERETO DO HEREBY AGREE that the certain Contract dated May 12 , 1972 be and the same is hereby amended as follows : I Subparagraphs "C" and "H" of Paragraph II are hereby deleted and Exhibit "E" attached hereto, as amended by Exhibit "F" likewise attached hereto, are substituted therefor. II Paragraph V is hereby amended in its entirety to read as follows : V. PAYMENT FOR SERVICES Subject to the limitations set out in Paragraph IX hereof the City agrees to pay and Pharos agrees to accept for its said professional services a sum of, not to exceed, One • hundred eighty--two thousand, nine hundred ($182 ,900 . 00) dollars for those services as described in Exhibit '"A" . -2- Progress payments shall be made monthly in advance of final software performance , and acceptance by the City, to cover the monthly costs incurred by Pharos in accor- dance with the attached "Funds Schedule" , Exhibit "G" , and upon certification that completion of work items scheduled in Exhibit "E" have been completed. Exhibit "G" reflects the maximum allowable progress payments and are based upon fee rates as shown in "Fee Rate Schedule" , Exhibit "C" , plus travel costs. Upon completion of tasks as shown in Exhibit "E" , and acceptance by the LRPD/City of Little Rock the total retainer, as shown in Exhibit "G" will be paid to Pharos. III Paragraph VI is hereby amended in its entirety to read as follows : VI. EQUIPMENT LOCATION The hardware configuration as shown in Exhibit "H" will be assembled, tested and ready for use at Automated Systems Corporation Houston facility, and shall be avail- able to Pharos at ASC offices through August 24 , 1973 for development and testing of all software. The system will be shipped to Little Rock on or about August 26 , 1973 and will be available to Pharos after re-assembly and testing of the system has been completed by ASC and the City has completed the acceptance with ASC, no later than October 1 , 1973. IV Paragraph VII is hereby amended in its entirety to read as follows : VII. EQUIPMENT SELECTED • Pharos agrees that the equipment selected as shown in Exhibit "H" is an acceptable configuration to insure satisfactory performance of Pharos developed software. -3- V Paragraph X is hereby deleted in its entirety. • . VI Subparagraphs "A" and "B" of Paragraph XI are hereby deleted in their entirety and in lieu thereof Exhibit "H" hereto attached is hereby substituted. VII Paragraph XII is hereby amended in its entirety and the following is substituted therefor: XII. SCHEDULE OF TASK OUTPUT "As shown in 'Milestones ' Section of Little Rock Police Information and Records System Development Chart. " VIII Paragraph XV is hereby amended in its entirety to read as follows : XV. BEGINNING THE WORK Pharos agrees to commence performance of its services under this contract upon notification from the City and to per- form the services set out in Exhibit "A" attached hereto, which services are to be .completed by December 31 , 1973. IX Paragraph XXVIII is hereby amended in its entirety to read as follows: XXVIII. LIABILITY OF PHAROS IN HOUSTON While the system is located at ASC offices in Houston and being used by Pharos personnel , Pharos, is liable for those differential costs which would not be incurred for the same system if it were installed in Little Rock. Pharos will assume liability for the system, when being used by their personnel, for malfunctions due to negligence on the part of Pharos. -4- The City will assume responsibility for providing per- manent type operating supplies (I.E. Magnetic tape , Disc packs , etc. ) but Pharos will be liable for those supplies necessary for software development and testing. (I..E. paper, cards , coding forms , etc. ) Additionally, Pharos will be held liable by the City for • Data Security while the work is being performed in Houston on data made available by the City. Pharos understands the LRPD will make available only data which is agreed upon by both the City and Pharos to be sufficient for test purposes . X Paragraph XXX is hereby amended but only to the extent that the names of Mr. Harold Blake and Mr. Bert Parsonson are deleted and the name of Mr. Bill Mellin substituted therefor. XI Said contract between the parties is further amended to add paragraphs XXXII and XXXIII which are as follows, respectively: XXXII. Pharos agrees to oversee and monitor all equipment testing and equipment demonstrations provided by Automated Sys- tems Corporation. Pharos will advise the City on correctness of testing procedures to insure that equipment is operating correctly. XXXIII. In addition to interim demonstrations during deve- lopment in Houston, Pharos will submit a plan for final demon- stration of all software on or before September 30 , 1973. After system is operative in the Little Rock Facility the final soft- ware demonstration will be completed no later than December 31, 1973. Software demonstration will include those applications as detailed in Exhibit "E" as amended. XII Exhibits "E" through "H" identified and provided for within this Amendment are attached hereto and made a part hereof, where appropriate , as though set out herein word for word. 7 -5- XIII All provisions of the Contract between the parties dated May 12 , 1972 not changed specifically by this Amendment shall remain in full force and effect as originally drafted and the parties hereto remain bound by said Agreement as amended herein. • EXECUTED in duplicate originals this day of , 1973. PHAROS SYSTEMS INCORPORATED Manager ATTEST: Marketing Director CITY OF LITTLE ROCK, ARKANSAS City Manager ATTEST: City Clerk