Loading...
HomeMy WebLinkAboutRES 81-017 RSOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH COORDINATED MANAGEMENT SYSTEMS, INC. FOR DATA PROCESSING SERVICES Meeting Sheet IIIIII VIII VIII VIII 11111 VIII 1111 IIII 102684 Box: 23 Folder: RES 1981 Document: RES 81-017 RSOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT WITH COORDINATED MANAGEMENT SYSTEMS, INC. FOR DATA PROCESSING SERVICES RESOLUTION 81-017 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH COORDINATED MANAGEMENT SYSTEMS, INC. FOR DATA PROCESSING SERVICES BE IT RESOLVED that the Mayor. and City Manager are authorized to sign the agreement with Coordinated Management Systems , Inc. for data processing services on behalf of the City of St. Anthony. Adopted this day of , 1981. • Mayor ATTEST: City C rk Reviewed for C administration: ity nager • Y S COORDINATED MANAGEMENT SYSTEMS, INC. 8401 WAYZATA BLVD. SUITE 300 • MINNEAPOLIS,MINNESOTA 55426 PHONE(612)546.0600 February 13, 1981 Mr. James W. Fornell City of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 • Dear Mr. Fornell : Please find enclosed a CMS service agreement. Please have the contract signed- and returned to us at your_: earliest convenience. In order to...,meet your timing requirements , you have already been assigned a CMS account number of 1300,500 with a password of STA. This information has been passed on to Dick Krier and Mike Brinda in order to allow them to complete the cash flow analysis work for. you. If you have any questions, feel .free to contact me. Sincerely, Bruce R. Gilmore Vice President BRG:rjb Enclosure • COORDINATED MANAGEMENT SYSTEMS, INC. 8401 WAYZATA BLVD. SUITE 300 • MINNEAPOLIS,MINNESOTA 55426 PHONE(612)546-0600 SERVICE AGREEMENT - TERMS AND CONDITIONS COORDINATED MANAGEMENT SYSTEMS, INC . (hereafter called CMS) by its acceptance hereof , agrees to provide the services described herein to THE CITY OF ST. ANTHONY (hereafter called "client") , and client agrees to accept and to pay for said services at the schedule price, all subject to the terms and provisions of this Agreement . I . CMS SERVICES PROVIDES CMS provides computer and related manpower production support services consisting of on-line input/output capability through remote terminal equipment , off-line input/output capability through normal batch peripherals , central processor time and program storage capacity , all subject to the limitations and conditions herein set forth . 2 . TERMINAL EQUIPMENT Client will independently provide, for its own use and at its own expense, (and pay all charges and expenses in connection therewith) , terminal equipment compatible with the CMS Timesharing systems , a data modem, and appropriate • telephone line service. 3 . CLIENT IDENTIFICATION Access to the computer system of CMS from the remote terminals of Client will be by Account/User Number and Password . Service pursuant to the current Schedule of Charges will begin upon execution of this Agreement. Once assigned and validated , such number and password are the responsibility of Client. CMS will consider all programs and data transmitted by Client to CMS as confidential and will exercise reasonable precautions to. -safeguard their security but will have no liability whatsoever in the event of disclosure. 4 . TERMS OF AGREEMENT This Agreement is effective upon acceptance by CMS and Client and shall remain in effect until terminated as provided herein . 5 . SOFTWARE All system programming languages, computer subsystems , and computer programs developed by CMS and furnished to or used by Client will remain the sole property of CMS. Client will maintain the confidentiality thereof . 6 . INVOICE • Client shall pay for the CMS services on the basis of the CMS Schedule of Charges in effect and attached. Payment to CMS by Client for services is due upon receipt of the CMS invoice. A 1-1/2% per month charge will automatically be added to all balances outstanding in excess of 30 days . Page 2 • 7 . CHANGE OF CHARGES OR OTHER TERMS CMS, at its discretion, may change its standard Schedule of Charges upon 30 days prior written notice to Client . 8 . TARES/POSTAGE/SHIPPING CHARGES Client agrees to pay all sales taxes, direct .postage expenses and direct shipping charges related to the Client use of the services covered in this agreement. 9 . RULES OF OPERATION For the purpose of providing the most effective system, CMS may at any time , establish rules and procedures and/or change such rules and procedures already in effect , regarding accessibility periods , customer identification procedures., types of terminal equipment , system programming languages , storage organization and other operation procedures. In the event of an error in or loss of data resulting from use of the CMS computer system caused by ( 1 ) a defect in such system, (2 ) faulty or negligent operation of such system by any CMS employee, or (3 ) errors or omissions in system programming languages , computer subsystems and computer programs provided by CMS , Client will not be • charged for the amount of terminal connect time and central process time in processing such data . Except as .provided in paragraph above , CMS shall have no liability of any kind with respect to its performance or non-performance under this Agreement (1 ) -for breach of warranty , expressed or implied , ( including , without limitation, any warranties or mechantability or fitness) , ( 2 ) for negligence, ( 3 ) for losses or damanges arising out of the disclosure by CMS or its agents or employees to persons not associated with or authorized by CMS or Client of data or programs or other material transmitted by Client to CMS , (4) for damages resulting for inaccurate input data or inaccurate output results, or (5 ) for any damages resulting from causes beyond the reasonable control of CMS. In no event shall CMS be liable for any incidental or consequential damages . Client agrees to defend , indemnify, and hold harmless CMS , its employees or agents, from any liability or claims of any kind for any injury to the person or property of , or any loss , expense , or damage incurred by any employee, client or invitee of Client, or any other person or party (except agents or employees of CMS) however such injury , loss , expense , or damage arises if such injury , loss expense, or damage arises in any manner from the performance of CMS • pursuant to the Agreement . Page 3 • 10 . TERMINATION Client may terminate this Agreement at anytime after initial term by giving 30-days written notice to CMS , and in addition to the provision set forth in the next sentence , CMS may terminate this Agreemnt by giving 30-days written notice to Client . In the case of nonpayment, termination is effective immediately upon the mailing of written notice to Client , and in the case of nonpayment after 60 days of the date of invoice, CMS may , at its option, terminate thi.s contract without notice. In the case of nonpayment, CMS shall be under no obligation to return to Client, data or other information in the CMS system until the account has been paid in full. Notices to either party shall be sent to the addresses shown on this Agreement. 11 . MISCELLANEOUS A. This Agreement contains the entire Agreement between the parties and supersedes any prior agreements between the parties with respect to the matters herein. Neither this Agreement nor any of its terms may be waived , amended , or modified unless in writing . B. This Agreement is not assignable by Client without the written consent of CMS and any attempt to assign any rights , • duties or obligations arising under this Agreement shall be void . No one other than Client is authorized to use the services hereunder , and Client shall be liable and responsible for any and all usage on Client Number . C . The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of Client' s order as set forth in Client' s purchase order or any other instrument covering the services requested from CMS . D. This Agreement shall be governed by the laws of the State of Minnesota. COORDINATED MANAGEMENT SYSTEMS THE CITY OF ST.ANTHONY 8401 Wayzata Boulevard 3301 Silver Lake Road Minneapolis, MN 55426 Minneapolis , MN 55418 By _ By Title Title • Date Date COORDINATED MANAGEMENT SYSTEMS . INC . SCHEDULE OF PRICES FOR COMPUTER SERVICES EFFECTIVE SEPTEMBER 1, 1979 TERMINAL CONNECT TIME - Terminal IME -Terminal Speed Connect Units/Connect Hours 10 characters/second 1. 1 15 characters/second 1. 1 30 characters/second 1. 5 120 characters/second 3. 0 Prime Time* $13.50 per Connect .Unit Non-Prime Time 9. 00 per Connect Unit COMPUTER RESOURCE UNITS The number of Computer Resource Units (CRUs) accumulated is dependent on program size, central processor usage and a proprietary software factor. The proprietary software factor will not affect the number of CRUs. charged unless proprietary software is used. (Please see your account representative for further details. ) Prime Time* $ 0. 11 per CRU Non-Prime Time 0 . 07 per 'CRU STORAGE Incremental Cumulative Number of Units Unit Cost Cost Cost 1-500 $ . 600/Unit $ 300. 00 $ 300 . 00 501-1000 . 485/Unit 242. 50 542 . 50 1001-2000 . 365/Unit 365. 00 907. 50 . 2001-4000 . 240/Unit .480 . 00 1387 . 50 4001-10000 . 175/Unit 1050 . 00 2437 . 50 10001-20000 . 145/Unit 1450. 00 3887 . 50 20001 and over . 120/Unit 1 Unit = 1000. Characters � * Prime Time is defined as 8 : 00 A.M. through 5: 00 P.M. , C..S.T. , Monday through Friday. If any portion of a terminal session occurs during "Prime Time" , then the completesession will be billed at "Prime Time" rates.