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Home My Public Portal About097-2019 - Donald R. Frey - Software and Support for Sewer BillingAGREEMENT THIS AGREEMENT made and entered into this6W 5 day - of q e , 20195 b. y and between the City of Richmond, Indiana, a municipal corporation acting by I and .through its Board of Sanitary Commissioners, with its office at 50 North 51' Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Donald R. Frey & Company, Inc., 40 N. Grand Avenue, Suite 3 03, Fort Thomas, KY 41075 (hereinafter referred to as the "Contractor"). SECTION. I. STATEMENT. AND SUBJECT OF WORK. . City retains Contractor for software, software updates, product -support and product maintenance to City to assist -in the operation of City's billing system for its Richmond Sanitary District customers. This is a sole source contract. The work by Contractor shall also include additional related work as directed and requested by the .Director of the Richmond Sanitary District.. The Contractor shall furnish all services necessary for the proper completion of all work specified. The Contractor shall, when requested by City, provide the -software, software updates, and all support and maintenance benefits set forth in Exhibit "A". The Contractor shall also . provide, at its own expense, competent supervision of the work required in this Agreement. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not .an employee or agent of the City- of Richmond. SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Eighteen Thousand One Hundred Ninety --Five Dollars and Three Cents ($18,195.03), as set forth in Invoice Number 16458, dated June 1, 20191 which Invoice is attached hereto and incorporated herein by reference as Exhibit "A". ... - SECTION Iv. TERM OF AGREEMENT This Agreement shall be effective for one (1) year, commencing July 25, 2019 and shall continue in effect until July 24, 2020, at which time this Agreement shall terminate, unless the parties extend this Agreement by a*written and signed Addendum. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in art, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; Contract No'. 97--2019 I C. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual. Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may .also be terminated by either the City` or the Contractor, without cause, by giving at least -thirty ,(3 0) days written notice to the other party. In the event.oftermination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility -herein. SECTION, v. INDEMNIFICATION AND INSURANCE Contractor agrees to -obtain insurance and to indemnify the City for any damage or Injury to person :or property or any other claims -which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing. contained in this Agreement shall be construed as rendering the Contractor liable for acts of the .City, pits :.fficers,.. ,agents, or employees. Contractor shall as a prerequisite to this. -A.greement,..purchase,.andthereafter maintain such insurance as will protect it from the claims set forth below ,v�hich� ,may ..arise ..out of or result from the Contractor's operations under this Agreement,-whother sueh--operations by the Contractor or by any sub -contractors or by anyone directly -or .indirectly .employeed by .any of them, or by anyone for whose acts- the Contractor may be held responsible. Coverage Limits A. workex's -Compensation & Statutory ry - D.i s ab i l ity ' R e quir ei-n ents B . Emnployer�.s LLiability $10 0, 0 0 0 C. .Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2, 0 0 0, 0 0 0 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each. person. $1,000,000 each occurrence Section 2. Property Damage - $1,000,000 each occurrence E. Comprehensive. -Umbrella Liability $15000,000 each occurrence $110 0 0, 000 aggregate F. Malpractice/Errors & omissions Insurance $1,000,000 each occurrence $1,000,000 -aggregate SECTION VI... COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with. all provisions of the Indiana worker's Compensation law, and shall; before ,commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from -the industrial board showing that the Contractor has complied with Indiana Code Sections 22--3--2--5, :22:3 --5--1 and 22--3--5--2. If Contractor is an out of state employer and therefore subject to.another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana worker's Compensation Law. SECTION VII. - COMPLIANCE �, WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to.: -Indiana Code 22-5� 1.7, Contractor is required to enroll, in and verify the work eligibility --status" 6f all newly hired -employees of the contractor through the Indiana E--Verify program-. � .Contractor is not required to verify the work eligibility status of all newly hired employees of'Ihe..contractor through the Indiana E--Verify program if the Indiana E--Verify program . no. longer exists. Prior to 'the performance 'of this ' A.greement, Contractor shall provide to. -the CityJts -signed. Affidavit affirming that Contractor does not knowingly employ an unauthorized .alien -..in_ accordance with IC 22--5-1.7--11 (a) (2). In the event .Contractor violates ..IC 22-5.-13? the Contractor shall be required to remedy the violation not later than thirty ,(30) days after the City notifies -the Contractor of the violation. If Contractor falls to remedy.:the : xa-1 tzon within'fhe=.thi y QO) day period provided above, the. City shall consider the Contractor: to Abe ..in breach- of this Agreement and this Agreement will be terminated. If the City '-determines, -that'. terminating this Agreement would be detrimental to the public interest -or. --public property, - the City may allow this Agreement to remain in effect until the City procures - aF-new contractor. If this Agreement -.is terminated under this section, then pursuant to IC .22-6--1.7-13 (c) .,the Contractor will remain liable to the City for actual damages. SECTION VIlL" PROHIBITION AGAINST DISC ATION A. . Pursuant -to Indiana Code- 22' 9--I-10 Contractor, any sub --contractor, or any person acting Y ion, behalf rof Contractor or -any sub --contractor shall not discriminate against any employee ;or applicant for employment to be employed in the performance of this Agreement, with -respect to hire, tenure, terms, conditions or privileges of employment or any matter directly, or. indirectly related to employment, because of race, religion, color, sex, _. ..disability, .national -origin, or ancestry. B. -Pursuant-to Indiana Code 5-16_6-1, the Contractor agrees: l . That ' in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any sub contractor, or any :.;.: person acting on behalf of Contractor or any sub -contractor, shall not discriminate by. reason -of race, religion, color, sex, national origin or ancestry against any citizen of theState of Indiana who is qualified and available to perform the work to which the employ,ment-relates; 2. That Contractor, any sub -contractor, or -any person action on behalf of Contractor. or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance . of -work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the -amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the. Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may .be forfeited, for a second or any subsequent violation of the terms or. conditions of this section of the Agreement. C. violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach ,of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless,the City and all officers, employees, or agents of the same from all liability which may ari_se.%inthe. -course of Contractor's performance of its obligations pursuant to this Agreement. . . SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and.'M' either party may assign or delegate any of its rights or obligations hereunder without the prior written. consent of the other party. Any such delegation or assignment, without the prior writterr!consent of the other party, shall be null and void. This Agreement shall be controlled by and .interpr_eted according to Indiana law and shall be bidding upon the parties, Aheir successors and as -signs. This document constitutes the entire Agreement between the parties, although it may be -altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this .A.greement . the partiesagree that this document supersedes any previous discussion, negotiation, or conversation relating. to, the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an .original and all �of which. shall constitute but one and -the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required -prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estoppel from bringing suit or any other action in any alternative forum, venue, ,.or in front of any other tribunal, court, or administrative body -other than the Circuit or Superior :Courts of Wayne County, Indiana, regardless of any right Contractor may have .to bring such suit in front of other tribunals or in other venues. In, the event of any breach .of this Agreement -by Contractor, and in addition to any other damages or :remedies, Contractor -shall be-liable-for:all costs incurred by City in its efforts to enforce this Agreement, including :but not limited.:to,' Ci�y's reasonable attorney's fees. In the event that an ambiguity, -question of intent, or a need for interpretation of this: -Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract and that such authorization has not been revoked or rescinded. IN WITNESS WIEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. Gi CITY" "C oNTRACTol2" The City of Richmond, Indiana, by and through Donald R. Frey & Company, Inc. its Board .of Sanitary commissioners g Sue Miller, President i (L2 Aman Bakshi, Vice President g Steins, Member _Dated: 0 APPROVED• ow, M - Dated: Title ,�9-3, Dated: To: Richmond Sanitary District Board of commissioners From: Denise Johnson Date:. 6/18/2019 Re: 2019--2020 Yearly Support for Cubic This is for the yearly support and maintenance agreement for Cubic with Donald R. Frey & Company. This is a sole source support item. The cost has increased $333.28. In 2018 it was $17, 861.75 and 2019 is $181 195. 03. This covers unlimited product -support, upgrades, and tokens. . .This agreement will be from July 2512019 to Jane 24, 2020.. RECE�VED E YI; JUN @ 3 2019 MMMICWAL SOFTWARE..,1 SANITATDN Invoice Number: .16458 Invoice Date. 6/112019 Invoice Due Date: 7/25/2019 Terms: NET DUE BEFORE SUPPORT Bill To: CITY OF RICHMOND RICHMOND SANITARY DISTRICT 2380 LIBERTY AVENUE RICHMOND, IN 47374 F r Customer Number: 454 Customer P.O.: Order Date: 6/112019 Instructions: ALL UPDATES ARE INCLUDED IN SUPPORT COST. Ship To: CITY OF RICHMOND RICHMOND SANITARY DISTRICT 2380 LIBERTY AVENUE RICHMOND, IN 47374 Y_ ��$ [ u�nti Description _ ._ . Unit-C�st Amount ONE YEAR SUPPORT FOR ,CUBIC,, COMPREHENSIVE UTILITY BILLING SYSTEM FROM JUL 25TH (AR., HH, DD, PDP, IB, CASS, II, EB) 10 USERS - 67,000 TOKENS AL SUPPORT YEnR 1.000 16,997.03 16,997.03 CUBIC ANNUAL CUBIC INTERNE T HOSTING Y�.AR 1.000 1,000.00 1,000.00 xDB C INTERFACE - 2 USERS XDBC SUPPORT YEAR 1.00U 198.00 19 19 8.0 0 T Pay This Amount Sub --Total: 18,195.03 Freight: 0.00 Taxes: 0.00 Invoice Total: $189195.03 GET THE MOST OUT OF BU CS — CHIMPS — CUBIC MANY NEW MODULES AVAILABLE TO ENHANCE YOUR PRODUCTIVITY CALL TODAY N GET A. QUOTE GET IT IN YOUR BUDGET AND DIET AHEAD! D��Donald R. Frey & C0119 IRO° � - 3 *Fax: 859 441�-7152 Page 1 of I I _ .- ...-- 1. 11- - --- __ Tr'Xr A 1 n�� 'Dkr%nP r _nral (R59) 441-6566 (800) 659 37 9 � } 40 North Grand Avenue, Suite 303 = Fort Thomas, KY 41075 FREYToll Free: 800-659-3739 - Phone: 859-441-6566 MU�� Fax: 859-441-7152 sof tware and $ysteras Consultingwww.drfrev.com .dune 1, 2019 Dear Valued Customer, It's time to y support o our annual port and maintenance agreement for your Frey software applications. 99% of p Frey clients maintain current support/maintenance agreements. Support and -Maintenance benefits include: z Unlimited product support assures you help is just a toll --free call or email 'away. c maintenance ensures you will always be using the latest, most versatile and powerful versions of your Product C�1 Frey applications. Al! trained users'3 enjoy.unlimited access to the Frey Support Center team of application specialists. � eve one-on-one assistance via integrated desk top share in all FREY applications. R1 Software updates, which c includes the annual, "New", application releases -and updated digital application User Guides (PDF & windows Help format). interim application 'u fixes and enhancements) published throughout the year are available for � updates (bug g immediate download at "Customer Care" on our website at www.drfre -cam. R1 U pg rading Your current system rather than being required to purchase the new release/version. C� Participation in annual software survey for each application where your suggestions are taken seriously. R1 Ann ua! a lication "New Release" and "Tips &Tricks" webinars for all your FREY applications. pp R1 Subscription to Frey Municipal al Software newsletters keeping you in touch with .new. developments. • for movie our FREY applications when your office implements new servers or work l� Migration assistance g Y stations. • security fee when you purchase "new" modules for your Frey applications within 60 � Waiver of the $125.00 y days of release. R1 50% discount on refresher training courses — subject to Company guidelines. R1 Customer Appreciation Program...every purchase brings you closer to great rewards at www.drfre .cam ca df. • a direct su ort option for your Crystal Reports application. See the C�1 Crystal Reports. FREY now -offers pp p attache d letter for more information or contact FREY to add Crystal support to your existing support agreement now. Your agency has made a considerable investment in these vital business management applications. You are protecting rotectin this investment when you renew your support and maintenance agreement. ve an than es rn equ�prnent, address or personnel, please complete and return the Chan a Nonce: If.you ha y g `Notice o Change: F ul rnent/Address/Personnel"form. It is crucial that we maintain,current enclosed i�fotr f g 9 P information in our database in order to provide optimum support. ' We appreciate the opportunity to serge your software needs! Shelley L. Kelly ' Administrative Support/Client Services Enclosures �2)'rr_;Z�a��por�t OpUan C rystd Reparts"M August 10, 2011 grey now offers unlimited Support Opflon for Crystal ReportS TM In the past, Frey & Company has provided limited assistance for the popular third party p Y p Y writing tool Crystal . Re orts TM as a courtesy to clients who maintain support report 0 � rY p _ agreements for their Frey applications. Effective October I't, 2010, Donald R. Frey & Co. began offering a true support option for Crystalpp p stal ReportsT1. This Support option provides unlimited assistance for our clients who use Crystal I ReportsTM with their Frey applications a lications BUCSO, CHIPSO , or CUBICo , and a discounted rate on scratch report writing services. NEW! - C ry3fa§TM SUppoyf Cost o$500, annually, Frey application specific (Purchase this option only for the Frey applications with which you use Crystal Reports!) Provides o Unlimited assistance with Crystal- ReporsT11 in conjunction with your Frey Software applications e Discounted rate on scratch report writing services at $1001hr ($45 off the standard billable rate) This new option w You Y ill assure and our team access to the CrystalT.1 assistance you need _ at an affordable rate which can be included- in your existing annual support budget. IMPORTANT NOTE: Clients who do not wish to purchase the crystal support option can still ' with Crystal Reports and scratch report writing services at the standard receive assistance ry p rate of $145/hr. A one hour minimum charge will apply, to .individual instances as accumulated and billed monthly. PLEASE REPLY: if you would like to take advantage. of this -new offer, we will email you a or addin Crystal Support to coincide with your existing annual support prorated invoice f g ry pp agreement. in your reply, p specify leases ecif which, Frey applications you wish to add the crystal Support option. A prora ted amount will be calculated based on your existing support renewal date and y you will be invoiced accordingly. Please give -us a call -at 800-689-3739 to answer any questions you may have. Thank you, Shelley L. Kelly Notice of Change: Personnel/Address/]Phone/E-mail/]Equipment This form MUST be submitted to Donald R. Frey & Company, Inc. to change an address, contact name, email address or to notify of a change of equipment. Frey & Company maintains one master database from which all nailing labels are generated. This form can be used for address, phone number, contact name, email address and equipment changes. Please fin out the form and return it to: Donald R. Frey & Company, Inc. 40 North Grand Avenue, Suite 303 Ft. Thomas, Imo' 41075-1765 ]fax: 859--441--7152 `lt is rm•po?lant to remember that any changes not reported affect the deheery of your so,f ware ��ddtes, doom enter on and the Frey & Comp any Newsletter. GRANGE OF E UIPIENT Computer Model/Operating System: Trent: New: CHANGE OF ADDRESS/PERSONNEL Customer Natne/Organization: Current: Contact: Address: E--rnaii: City/State/Zip: 'hone: New: Contact: Address: E-mail* CitylState[Zip: Phone: Signature . Effective bate of Change Farm 11206