HomeMy Public PortalAbout092-2022 - Sanitation - Donald Frey & Co. - Yearly Billing Software AGREEMENT
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THIS AGREEMENT made and entered into this d 1 day of „Awe-, , 2022; by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (referred to as the "City"), and Donald R. Frey & Company, Inc., 40
N. Grand Avenue, Suite 303, Fort Thomas, KY 41075 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for software support for sewer billing, with those services being
specifically set forth within the "Invoice" contained within Exhibit"A",which is attached hereto
and incorporated by reference herein.
Should any provisions, terms, or conditions contained in any of the documents attached hereto
and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or
conditions of this Agreement,this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified. Contractor shall submit statements or bills monthly.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or warranties;
2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with
I.C. §22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
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. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor as set forth in Exhibit "A" in the amount of$20,407.31 for the work
described within such exhibit,which consideration shall be full payment for the same during the
term described below.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective on July 25,2022 and shall continue in effect until to an
including July 24,2023. Notwithstanding the term of this Agreement, City may terminate this
Agreement in whole or in part,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
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Contract No.92-2022
professional standards in any material respect;
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,without cause,by giving at least thirty
(30)days written notice to the other party.
In the event of termination 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, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 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
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"CITY" "CONTRACTOR"
The City of Richmond,Indiana,by and Donald R. Frey& Company, Inc.
through its Board of Sanitary
Commissioners
By.
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Sue Miller,President
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Dated: 6 /-2-
Title: lerSrnEA/7-
aksh., ' e resident
Dated: I aOaa
Dated: 6//t/ 2.‘ 22_
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Or
Is,Member/
Dated: v-/ 11-,9,01 - --
APPROVED:
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now, or
Dated: CC, ( C I 7,07-2
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Exhibit A
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MUNICIPAL SOFTWARE
Invoice Number: 17529 iu iT VD ;e Customer Number: 454
Invoice Date: 6/1/2022 Customer P.O.:
Invoice Due Date: 7/25/2022 Order Date: 6/1/2022
Terms: NET DUE BEFORE SUPPORT
Bill To: Ship To:
CITY OF RICHMOND CITY OF RICHMOND
RICHMOND SANITARY DISTRICT RICHMOND SANITARY DISTRICT
2380 LIBERTY AVENUE 2380 LIBERTY AVENUE
RICHMOND,IN 47374 RICHMOND,IN 47374
Instructions:ALL UPDATES ARE INCLUDED IN SUPPORT COST'.
Description Unit Quantity Unit-Cost Amount
ONE YEAR SUPPORT FOR"CUBIC"COMPREHENSIVE UTILITY BILLING SYSTEM FROM JULY
25TH(AR,HH,DD,PDP,IB,CASS,II,EB,EA)10 USERS-72,000 TOKENS
CUBIC ANNUAL SUPPORT YEAR 1.000 19,209.31 19,209.31
CUBIC INTERNET HOSTING YEAR 1.000 1,000.00 1,000.00
XDBC INTERFACE-2 USERS
XDBC SUPPORT YEAR 1.000 198.00 198.00
Sub-Total: 20,407.31
Freight: 0.00
Taxes: 0.00
Pay This Amount Invoice Total: $20,407.31
At Frey Municipal Software the highest compliment we can receive is a referral!
F1EY Municipal Software
40 N.Grand Avenue,Suite 303,Ft.Thomas,KY 41075*Phone:Local(859)441-6566*(800)659-3739*Fax:(859)441-7152 Page 1 of 1
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