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HomeMy WebLinkAboutRes1993-120 . . . Sponsored by: Murphy CITY OF SEWARD, ALASKA RESOLUTION NO. 93-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY _ OF SEWARD, ALASKA, AMENDING THE CITY CLERK'S BUDGEt ,r/ ,/ WHEREAS, the City Council wishes the Clerk's Departm t to provide staff support to the Community Hospital Board; and WHEREAS, this support will require the paymen of overtime wages to the deputy city clerk to attend the Hospital Board meetin~' nd WHEREAS, the Clerk's staff has been reduc effective July I, 1993, through the elimination of the summer office aide and the tra er of the receptionist from the Clerk's Department to the Finance Departmentj and WHEREAS, this loss of staff supp coupled with several unforeseen extended absences of the deputy clerk during e past year have made it impossible for the department to complete the reorgani tion and indexing of records in the city's records storage areaSj and WHEREAS, a well mai ined records system is an essential component of city operations, and it is in the p, lie interest to assure that the city's records systems are in good working order; and WHEREAS, th employment of a part-time employee from mid August through the end of Septemb would allow the deputy clerk to complete the on-going records reorganization pr ect; and WHER f\.S, the requested overtime to provide Hospital Board staff support, the employmen of a part-time employee to allow for the completion of the records reorganiz on, and a portion of the Clerk's salary increase were not budgeted and will require budget adjustment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SEWARD, ALASKA, that: Section 1. The Clerk's Department Budget is hereby amended by transferring the sum of $9,291 from the General Fund Fund Balance Account No. 101-3070 to the Personal Services Budget as follows: 101-1130-5010 101-1130-5020 Salaries and Wages Overtime $ 6,810 1,000 -.!-J { . [) {; o /. 1 .. ,.. .... /" ( ., I _. / .. . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-120 101-1130-5020 101-1130-5060 101-1130-5080 101-1130-5090 Leave Time Retirement Worker's Compensation Medicare/FICA 790 475 40 176 TOTAL PERSONAL SERVICES INCREASE $ 9,291 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of August, 1993. AYES: NOES: ABSENT: ABSTAIN: A TrEST: THE CITY OF SEWARD, ALASKA Dave W. Crane, Mayor APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska Linda S. Murphy, CMC/ AAE City Clerk (City Seal) City Attorney . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE RENEWAL OF THE ANNUAL SOFfWARE MAINTENANCE AGREEMENT WITH TIMELINE, INC. FOR A TERM TO EXPIRE SEPTEMBER 30, 1994 WHEREAS, the city's software maintenance agreement with Timeline, Inc., will expire September 30,1993; and WHEREAS, this agreement is renewable in one-year increments; and WHEREAS, this agreement will allow the city to receive continued maintenance and upgrades as improvements are made to the accounting system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute an annual software maintenance agreement with Timeline, Inc., for a period to expire September 30,1994, for a total annual charge of $13,200. Section 2. A copy of the agreement is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of August, 1993. THE CITY OF SEWARD, ALASKA ~0-~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White None None None . . . -- .... . ...- ...... - - . . - -..... .- ~.-.J'J. -__l'. ---.. ,._-... --.... . .... TIMELlNE, INC. 3055 112th Ave. N.E., Suite 106 Bellevue, Washington 98004 FAX: (206) 822-1120 (206) 822-3140 RNANC~LACCOUNnNG& DECISION SUPPORT SYSTEMS ANNUAL SOFTWARE MAINTENANCE AGREEMENT COMMENeEMENT DATE: AGREEMENT NUMBER: Customer Ipstallation Location: Service Location: The C~ty of Seward P.O. Box 167 Seward, AK 99664 (907) 224-3331 Timeline, Inc. 3055 112th Ave. NE, Suite l06 Bellevue, washington 98004 (206) 822-3140 CONTACT PERSON CONTACT PERSON Timeline, Inc. agrees to provide and the eustome r agrees to accept software product services on the item(s) listed below, at the annual charge indicated. The terms and conditions of the Annual Software Maintenance Agreement as set forth on the face and attachments of the Agreement are the sales terms and conditions applicable. ITEM MODEL NO. DESCRIPTION QTY UNIT CHARGE ANNUAL FEE 1 V4.1 GENERAL LEDGER/ 1 $ 3,000 $ 3,000 FINANCIAL RPTG. 2 V4.1 ACCOUNTS PAYABLE 1 $ 1,500 $ 1,500 3 V4.1 PURCHASE ORDER 1 $ 1,500 $ 1,500 4 V4.1 PAYROLL/PERSONNEL 1 $ 2,000 $ 2,000 5 V4.1 FIXED ASSETS 1 $ 1,500 $ 1,500 6 V4.1 INVENTORY eONTROL 1 $ l,500 $ 1,500 7 UTILITY BILLING 1 $ l,800 $ 1,800 8 V4.1 DIGIBASE 1 $ 1,200 $ 1,200 9 V1.4 DIGICALC 1 $ 750 $ 750 TOTAL YEARLY eHARGE: $14,750 CUSTOMER 4~ NAME Ii. >??~ A'ov/~ PRINT AUT ORIZED/REPRESENTATIVE fj-{ Jo/ DATE 3' <J.;? DATE PAGE 1 OF 6 - . . . .:.. .;......".:::..... i.il;.2, lnc. BAsrr SERVICE fOR SOFTWARE AGRF~MENT TERMS AND CONDITIONS _~_______________________s_____________~______~_______________________ I. DEFINITIONS A. Equipment: The computer hardware, including central processing unit (CPU) on which Software covered hereunder is installed, any auxiliary processors and any other hardware at the installation locations set forth on the face hereof. B. Software: Any software product licensed by Timeline, Inc. for use on the Equipment for which software product services under this Agreement are available. Software may include machine-readable code (object code) written in any language on any media, source codes or listings and any improvements, modifications, or updates to such code or listings provided to Customer by Timeline, Inc. C. System: The Equipment and the Software as defined in A and B above. II . TERM This Agreement is effective from the last day of the initial warranty period and shall continue for an initial term of one (1) year. Thereafter, this Agreement shall remain in force until terminated by either party upon ninety (90) days prior writt&n notice. III. ELIGIBILITY FOR SERVICE AGREEMENT A. Software is eligible for inclusion under this Agreement immediately upon Timeline, Inc. installation of Software, expiration of software warranty or expiration of an existing product service agreement. B. Service under this Agreement is contingent upon: 1. The System being unmodified and properly maintained at the latest Timeline, Inc. revision level. If the System is not under warranty or under existing Timeline, Inc. service agreements, the System shall be subject to inspection by Timeline, Inc. to determine if it is in good operating condition. The inspection and any repairs or any other adjustments, including updates or other program changes, deemed necessary by Timeline, Inc. shall be made at their per-call rates and terms then in effect and prior to commencement or continuation of services. 2. The System containing at least the minimum hardware configuration and prerequisite Software as specified in the applicable Software Product Description ("SPD"). PAGE 2 OF 6 . . . Tlmeline, Inc. BASr~ SERVICE FOR SOFTWARE AGRE~~ENT TERMS AND eONDITIONS ----------------------------~=----------------------------~--------~-- 3 . All Software being covered by Software warranty or by this Agreement (if such coverage is available). Soft- ware licensed after the Commencement Date of this Agreement may be subject to additional charge (s) for coverage under this Agreement. IV. SERVICE RESPONSIBILITIES OF TIMELINE, INC. A. Will resolve said problem at a failure of the software to License Agreement; or for Timeline, Inc. shall provide services: no additional charge if due to perform in accordance with the the charges stated herein, the following Software product 1. made generally same version 2. Software updates and program changes available to Customers operating the during the term of the Agreement. Telephone Diagnostic Assistance. Telephone number(s) will be provided to the Customer eontact to enable communication with a Timeline, Inc. Customer Service Representative during the hours of 9: 00 A.M. to 5: 00 P.M. local Timeline, Inc. Service Location time, Monday through Friday, exclusive of holidays. Timeline, Inc. will respond to the Customer Contact call wi thin one (1) working day and will assist the eustomer Contact in identifying and verifying problems in the Software covered hereunder. Timeline, Inc. will identify the problem and a) will resolve said problem at no additional charge if due to a failure of the Software to perform in accordance with the SPD; or b) if the problem is due to operator error, lack of training, or system malfunction not due to a failure of the Software to perform in accordance with the SPD, Customer will have the option to incur the cost of having Timeline, Inc. fix the problem(s) on a time and materials basis. B. From and after January 1, 1995, Timeline, Inc. may, upon ninety (90) days wri t ten notice, wi thdraw individual software item(s) from this Agreement if such item(s) have been discontinued as product(s) by Timeline, Inc. or have been reclassified from a Timeline, Inc. supported to a Customer supported product. Service for such item(s) may be purchased on a per-call basis at Timeline, Inc. rates and terms then in effect. C. Customer and Timeline, Inc. shall agree in advance that the hardware maintenance organization selected by Customer is acceptable. Further, Customer and Timeline shall agree upon the equipment that will be purchased by Customer and that equipment shall be approved of by Timeline, Inc. PAGE 3 OF 6 . . . Timeline, Inc. BAS. SERVICE FOR SOFTWARE AGR:r tENT TERMS AND CONDITIONS _____________a_____________________________________________a~________~ V. SERVICE LIMITATIONS A. No on-site Software product service is included under this Agreement. Anyon-site service requested by the Customer will be provided at Timeline, Inc.' s pe r call rates and terms then in effect. B. If Software product ?ervice not covered by this Agreement is requested, the serVlce may be provided at Timeline, Inc.'s eer-call rates and terms then in effect. C. The following services are not covered by this Agreement: service due to failure of equipment not maintained by a hardware maintenance organization approved by Timeline, Inc.; failure of Software due to equipment supplied by a vendor not approved by Timeline, Inc. ; failure of non-Timeline, Inc. supplied software; catastrophe; fault or negligence of Customer; operator error; and improper use or misuse of the System. D. Software product service does not operating supplies or accessories. providing include VI. RESPONSIBILITIES OF CUSTOMER A. Customer acknowledges all Software, and/or changes, improve- ments, or updates to the Software provided by Timeline, Inc. are subject to the conditions of the Software product license contained in Timeline, Inc.'s License Agreement for Computer Application Software in effect at the time the Software was obtained and Customer agrees to abide by such conditions. B. The Customer agrees to maintain the System to the latest revision level. VII. CHARGES A. Annual charges will be invoiced one (1) month in advance. a. Charges for Software product services other than services as set forth herein will be invoiced at Timeline, Inc.'s per-call rates and terms then in effect. c. Payment of all service period rendered. the is charges are for which due on the first day of Timeline, Inc.'s invoice D. Timeline, Inc. may change monthly charges after the fi rst anniversary date of this Agreement by giving thirty (30) days prior wri tten notice. The charges shall not exceed Timeline, Inc.'s published charges for Software product services on the effective date of the change. The charges PAGE 4 OF 6 . . . Timeline, Inc. BAST'"' SERVICE FOR SOFTWARE AGRF'"'iENT TERMS AND CONDITIONS ---------------------------------------------------------------------- E. for Software added to this Agreement will be the current published rate at the time the Software is added. In addition to the charges due under this Agreement, the Customer agrees to payor reimburse Timeline, Inc. any taxes or charges resulting from this Agreement which are levied by a taxing authori ty, except for taxes based upon Timeline, Inc.'s net income and washington State Business and Occupations Tax. VIII.MOVEMeNT OF SYSTEM A. To permit continuity of service under this Agreement, the Customer shall give Timeline, Inc. at least thirty (30) days prior written notice of its intent to move a System. A System which is moved outside the continental United States shall not be eligible for continued service hereunder. B. System shall as specified under this After reinstallation at the new location, the be subject to inspection by Timeline, Inc., above, prior to continuation of service Agreement. . C. Timeline, Inc. shall be under no obligation to furnish continued .ervice under this Agreement if either the Equipment or the Software is moved from its location of initial installation and/or reinstalled without the prior written approval of Timeline, Inc. IX. LIMITATION OF LIABILITY AND WARRANTY A. Timeline, Inc.'s liability to the Customer, (whether in contract or tort, including negligence) for damages of any nature shall not exceed the total charges paid or payable during one (1) year under the Agreement. B. No action, (whether in contract or tort, including negligence) arising out of the performance of services under this Agreement may be brought by either party more than two (2) years after the cause of action accrues. C. In no event will Timeline, use, data, or profits consequential damages. Inc. be liable for any loss of or any special, indi rect or TIMELINE, INC. DISCLAIMS ALL WARRANTIES IMPLIED WARRANTIES OF MERCHANTABILITY AND PARTICULAR PURPOSE). X. GENERAL (INCLUDING ALL FITNESS FOR A D. A. If either party neglects or fails to perform any of its obligations under this Agreement, and such failure continues for a period of twenty (20) days after written notice PAGE 5 OF 6 . . . Timeline, Inc. BAsr~ SERVICE FOR SOFTWARE AGRF~~ENT TERMS AND eONDITIONS --------------------------------------------------------------~------- thereof, the other party shall have the right to terminate this Agreement. The terms and conditions of this Agreement prevail over the terms and conditions of any order submitted by the Customer for Software product services under this Agreement. If the Customer revises its purchase order number, the Customer will provide prior written notice to Timeline, Inc. C. This Agreement supersedes all prior Software product service agreements and understandings between the parties with respect to any Software covered under this Agreement and may not be changed or terminated orally. B. D. It is expressly understood that if either party, on any occasion fails to perform any term of this Agreement, and the other party does not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion. E. Neither party shall assign this Agreement unless consented to by both parties. F. This Agreement will be governed by the laws of the State of Washington. ~ Timeline, Inc., 3055 112th Avenue N.E., Suite 106, Bellevue, WA 98004 PAGE 6 OF 6 . ,~,";.' .: ......,.,. .;:. ;" _r, .', ;'..~. " .~'': . ~~ :~~: "" . . . . - .... ---.. -__ IF ____.. ___.'1. __.~'. --....--.. . --.... . ...- . T1MELlNE, INC. Accounting for the 21st Century 3055 112th Ave. N.E., Suite 106 Bellevue, Washington 98004 FAX, (206) 822-1120 (206) 822-3140 July 13, 1993 City of Seward P.O. Box 167 Seward, AK 99664 Attn: Kris Erchinger Dear Ms. Erchinger: Please accept this as notification that your current Software Maintenance eontract with Timeline, Inc. will be expiring 09/30/93. The following is a quote, based on our current rates, for the maintenance renewal on the software packages you have contracted for: CUSTOMER #335 CPU VERSICN VAX-3300 5.4 VAX-3300 5.4 VAX-3300 5.4 VAX-33 00 5.4 VAX-3300 5.4 VAX-3300 5.4 VAX-3300 5.4 VAX-33 00 5.4 VAX-3300 5.4 VAX-3300 5.4 VAX-3300 5.4 SERIAL 1t WF90105313 WF90105313 WF90l05313 WF90105313 WF90105313 WF901053l3 WF90105313 WF90l05313 WF90105313 WF90105313 WF90105313 SOF'IWARE pro. Accounts Payable Accounts Receivable Digicalc II Digibase Fixed Assets General Ledger Inventory Control V Sort (Restricted) Purchase Order Payroll Timeline Menus Total Renewal Fee: RENEJqAL FEE $1500.00 1500.00 1000.00 1200.00 1500.00 3000.00 1500.00 2000.00 $13,200.00 THIS IS NOT AN INVOICE. Please confirm that the above CPO and software information is correct. We request a confirmation, by phone or written P.O., before the end of this month to continue maintenance and support without interruption. Timeline is proud to have you as a customer and we are continually striving to make our line of Accounting, Financial and Decision Support Software Products the best available. If you ever have any questions or comments, please feel free to call. ~Ce'elY' Ma . Hancock Ac 0 ting Manager - .. -. ..-... --.. .---.. _....'1. __.". -.-.. .---... -.-.... . .... TIMELlNE, INC. . Accounting for the 27st.Jjientury on , - - - - - - - - - - - - ~- 3055 112th Ave. N.E., Suite 106 Bellevue. Washington 98004 FAX; (206) 822-1120 (206) 822-3140 - Customer number: I N V ~ - - - - - -,.,. 335 j C E NUMBER: 8788 - - - - - - - - - - Invoice date: 08/03/93 Terms: 2/20; NET 30 Sold to: City of Seward Corner of 5th and Adams P.O. Box 167 Seward, AK 99664 Attn: Mr. Rick Gifford RECEIVED AUG 5 1993 CITY. OF." SEWARD --------------------------------------------------------------------------- Description Quantity Price Amount ----------------------------------------- -------- ---------- ------------- Kaint. Renewal: Accounting Modules . Annual maintenance renewal for the Timeline software Modules: General Ledger 3,000.00 Accounts payable 1,500.00 Accounts Receivable 1,500.00 Digicalc II 1,000.00 Digibase 1,200.00 Fixed Assets 1,500.00 Purchase Order 1,500.00 Payroll 2,000.00 Effective: 10/1/93 - 9/30/94 13,200.00 following Total Amount Due $13,200.00 -----==-----=-= Total Amount Due If Received By 09/30/93 $12,936.00 -----------=- . . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-120 ATTEST: . . (City Seal) APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska (j~ f +1 City Attorney