Loading...
HomeMy WebLinkAboutRES 132 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. _'~'' SS (DRAFT 2) WHEREAS, the County of Hawaii has solicited proposals for a new turnkey, computer and image processing system for the County Council and the Office of the County Clerk through the issuance of RFP No. 1560; and WHEREAS, the County Council and County Clerk have reviewed, analyzed, rated and ranked the proposals submitted and has selected Unisys to furnish, deliver, install and integrate a computer and image processing system with supporting training, testing and consulting assistance; and WHEREAS, Article X, Section 10-11 of the Hawaii County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or more than one fiscal year be approved by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Mayor Stephen K. Yamashiro is hereby requested and authorized to enter into a contract with Unisys, said contract to be approved as to form and legality by the Corporation Counsel and in similar form as described in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that sufficient funds are budgeted to fulfill the County's obligation under the contract. BE IT FURTHER RESOLVED that sufficient funds be budgeted in future fiscal years to cover the anticipated obligation of the County of Hawaii for software and hardware maintenance contracts. BE IT FURTHER RESOLVED the Clerk of the County of Hawaii transmit a copy of this resolution the the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, Mr. Harry Takahashi, Director of Finance and Mr. Charles Yoshioka of Unisys. Dated: Hilo, Hawaii, this 20th day of 1995. INTRODUCED BY: P " LQ~_ COUNCIL MEMBER, COUNTY OF HAWAII -2- COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 20, 1995 ROLL CALL VOTE I I AYFS I NOES I Ass I Ex I Arakaki }[ Bonk-Abramson ){ Childs ~{ De Lima X Domingo X Osorio }{ ~ ATTES~ Rath }{ /' Smith }{ ~~~iwr"v / Ray X - 9 0 0 0 j Z'~\ v Reference C- 4 7 3 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 1312 9g (DRAFT 2) EXFIIBTT "A" This proposal is in all respects fair and is made without collusion on the part of any person, firm, or corporation, and no official or employee of the government is directly or indirectly interested in the proposal or in any portion of the profits thereof. Respectfully submitted, (Name of Company) (Signature) By SYS CORPORATION DONALD R. LA4ffDSKRON (type or print name of signer) Title Name of company contact and address to which correspondence should be sent: Name Of individual: KEITH PURRINGTON CONTROLLER OF WESTERN REGION Address 5 HUTTON CENTRE DRIVE SANTA ANA, CA 92707 Telephone No. 714 755-4747 Faa No. 714 755-4724 Type of Organization: (please specify) individual Partnership x Corporation State of Incorporation: Hawaii Other (please specify) State of Hawaii Excise Taz License Number 10328249 Federal ID. No. 380387840 (Social Security No. if Individual, EIN if Partnership or Corporation) (Please type or use black ink.) RFP 1_~0 - COU.7T`I CLERK IMAGING SYSTEM PROFOSRL - P~Gc 7 OS CERTIFIED COPY OF RESC IONS of the BOARD OF DIItECTORS of UNISYS CORPORATION I, Chazles F. Bell, an Assistant Secretary of Unisys Corporation, a Delaware corporation, do hereby certify that the following is a true and correct of resolutions duly adopted at a regular meeting of the Boazd of Directors of said Corporation held on September 27, 1990, which on the date hereof remain in full force and effect: Bids. Proposals. and Contracts RESOLVED, Ntat the officers of the Corporation at the level of elected Vice President or above be, and each ofthem hereby is authorized and empowered, in the name and on ~behalfofthe Corporation, to make, execute, enter into and deliver bids, proposals and contracts for the selling, leasing, licensing, supplying, performing, and delivering of computer products (including, without limitation, hardware and system software incorporated therein, application software, parts and supplies), system and other services, other products and goods of the Corporation (whether or not manufactured or developed by the Corporation or others) to any customer, governmental or otherwise; and further RESOLVED, that the officers ofthe Corporation above the level ofeiected Vice President be, and each ofthem hereby is, authorized and empowered, in the name and on behalf of the Corporation, to delegate the authority granted by the foregoing resolution to additional officers and/or employees of the Corporation, or to revoke any such delegation previously granted, which delegation, or revocation thereof, shall become effective when it is filed in writing with the Secretary of the Corporation; and further RESOLVED, that the Secretary or any Assistant Secretary of the Corporation be, and each ofthem hereby is, authorized and empowered to certify, to any entity or person, the authority granted to any officer or employee of the Corporation pursuant to the foregoing resolutions, with such certification constituting conclusive evidence, binding upon the Corporation, of the authority of such officer or employee to make, execute, enter into or deliver the bids, proposals or contracts referred to in the foregoing resolutions. I further certify that, on the date hereof, Donald R. Landskron, held and holds the position of Controller, Western Region, and has been duly delegated authority to sign customer proposals and contracts having a value not to exceed $15,000,000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation this 20th day of March, 1995. ~~r?~.tO~_~~,~ ~-!' Charles F. Bell Assistant Secretary CURPRF.SD(K CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, entered on 19 by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, by Stephen K. Yamashiro, its Mayor, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "COUNTY," and Unisys Corporation, whose mailing address is 5 Hutton Centre Drive, Santa Ana, California 92707, "CONTRACTOR." WITNESSETH: WHEREAS, the Office of the County Clerk and the County Council of the County of Hawaii, hereinafter called the Council, representing the COUNTY, negotiated to engage the CONTRACTOR to provide computer hardware, software and data conversion for awork-in-progress and imaging system; and WHEREAS, the services to be provided by the CONTRACTOR are professional in nature; and WHEREAS, the COUNTY wishes to engage the CONTRACTOR for the perfonnance of the services connected therewith; and WHEREAS, the CONTRACTOR desires to render such services as an independent CONTRACTOR for and on behalf of the COUNTY; NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the CONTRACTOR agrees to perform such services hereinafter set forth; and the COUNTY, in consideration thereof, agrees to pay to the CONTRACTOR such amount as are hereinafter specified, all upon the following terms and conditions; 1. Scone of Services. The CONTRACTOR, as an independent contractor, shall perform and carry out in a satisfactory and proper manner, as reasonably determined by the COUNTY, all work required to furnish, deliver, install and integrate a computer and image processing system with supporting training, testing and consulting assistance for the Council. This will include the following: A. Providing all equipment and services necessary to install awork-in- progress and imaging computer system according to specifications provided in CONTRACTOR'S proposal dated May 15, 1995 and addenda dated June 2, 1995 and June 8, 1995. CONTRACTOR shall provide for all personnel costs involved in delivering the contracted services including payroll, taxes, worker's compensation insurance and all other employer provided insurance and fringe benefits. CONTRACTOR shall supply all hardware and software necessary to support tl~e system and shall provide any and all other equipment and supplies necessary to complete the contract. z B. CONTRACTOR will provide service for trouble-shooting system and/or operation defects and faults during the first five (5) years after the contract bas been completed. CONTRACTOR will provide maintenance as defined on Page A-67 of CONTRACTOR'S Proposal, Exhibit B of this contract. 2. Services of the COUNTY. The COUNTY shall, without costs to the CONTRACTOR and~through the County Clerk's Office: A. Advise the CONTRACTOR of any changes in scheduled dates as soon as they are known; B. Coordinate CONTRACTOR'S informational needs as requested and reasonable; C. Process payments to the CONTRACTOR. 3. Time of Performance. This Contract shall be effective upon execution. The services of the CONTRACTOR shall commence on said date and shall be undertaken and completed in such sequence as to assure the expeditious completion of the services; but, in any event, all the services required hereunder shall be completed within one year of the effective date of this Contract. If the CONTRACTOR'S work is delayed by indecision or lack of information on the part of the COUNTY, the CONTRACTOR may request an extension of time or equitable adjustment in price for performance of such tasks; the COUNTY may grant a reasonable extension and shall notify the CONTRACTOR of any extension in writing. 4. Compensation. In consideration of the agreements and undertakings on the part of the CONTRACTOR, the COUNTY hereby undertakes and agrees to pay the CONTRACTOR for services, as described in paragraph I above, the amount of SIX HUNDRED TV/ENTY ONE THOUSAND THREE HUNDRED FIFTY FOUR AND NO/100 DOLLARS ($621,354.00). This sum shall consist of an appropriation of $467,000.67 from the 1994-1995 fiscal year and an anticipated appropriation of $154,353.33 from the 1995-1996 fiscal year. In the event that encumbered funds of $467,000.67 only are allocated, then the vendor awarded the contract will deliver hardware, software, and services agreed to by the COUNTY and the CONTRACTOR to that allocation. The compensation shall be deemed full payment for all work performed by the CONTRACTOR. Said compensation shall include all services, travel, materials, supplies, equipment, overhead, profit, taxes, and other incidentals and operating expenses necessary, either directly or indirectly, either anticipated or unforeseen or unexpected, to complete the project as required under a paragraph 1 above. Such payments are to be made in the manner and at the times as provided herein and subject to such additions thereto or deductions therefrom as may be made hereafter in accordance with this Contract. No charges other than the agreed amount herein shall be payable to the CONTRACTOR unless authorized in writing by the COUNTY. In the event additional work beyond that specified in this Contract is requested by the COUNTY, the CONTRACTOR shall be compensated for such extra work as mutually agreed to by the COUNTY and the CONTRACTOR. If the government body that appropriates COUNTY'S funds for data processing does not allocate such fiords beyond the 1994-1995 fiscal year, COUNTY may terminate all or any portion of this Agreement. COUNTY will be liable for any accumulated payments due prior to the effective date of the new fiscal year. 5. Method of Reporting and Payment. CONTRACTOR agrees to: A. Submit to the COUNTY, at the completion of portions of the system, payment requests in a format which clearly indicates the portion completed; and certified as to the work having been performed in conformance with the terms of this Contract, and verified by the CONTRACTOR and a designated County Official. Exhibit C is the anticipated payment request schedule. s B. Maintain in its files, at all times, documentation certifying that the work described in any bills, invoices, or payment requests sent to the COUNTY for payment are complete, correct, and in accordance with terms of this Contract. C. The CONTRACTOR shall work diligently to meet the work plan and time schedule as mutually agreed to by the COiJNTY and the CONTRACTOR. 6. Standards: All work shall be performed in conformance with the specifications provided in CONTRACTOR'S proposal. 7. Final Accentance and Payment. Final acceptance is stipulated to mean a written notice from the COUNTY to the CONTRACTOR advising it of the satisfactory fulfillment of the Contract requirements. Final payment will be made only after issuance of the notice of acceptance and receipt by the Finance Director of a tax clearance from the State of Hawaii Director of Taxation verifying that the CONTRACTOR has paid all delinquent taxes levied or accrued. Anon-gratuity affidavit will be required to be executed acid filed by the CONTRACTOR before final payment will be authorized. A sample form is made of this Contract as Exhibit A. 8. Relationship of Parties. The parties intend that an independent contractor relationship will be created by this contract. The COi1NTY is interested in the results to be achieved and the conduct and control of the work will be solely 6 with the CONTRACTOR. The CONTRACTOR is not to be considered an agency or employee of the COUNTY for any purpose and is not entitled to any of the benefits that the COUNTY provides for County employees. 9. Settlement of Disputes. Any dispute covering a matter of fact arising out of this Contract, which is not disposed of by mutual agreement of parties, shall be decided by the County Clerk, or her authorized representative, who shall reduce her decision to writing and mail or otherwise furnish a copy to the CONTRACTOR. The decisions of such persons shall be final and conclusive. Pending final decision of the dispute hereunder, the CONTRACTOR shall proceed with the performance of the Contract. 10. Personnel. A. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the services wider this Contract. Such personnel shall not be deemed to be employees of or have any contractual relationship with the COUNTY. B. All of the services hereunder will be performed by the CONTRACTOR or be under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. The CONTRACTOR shall identify the key personnel who will perform the services identified herein at the commencement of the work on this Contract. The CONTRACTOR agrees that there will be no changes in the key personnel without prior written approval by the County Clerk, except in an emergency. C. None of the work or services covered in the proposal or by this Contract shall be subsequently subcontracted without the prior written approval of the COUNTY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this contract. 11. Assienability. The CONTRACTOR shall not assign any interest in this Contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the COUNTY thereto; provided, however, that claims for money by the CONTRACTOR from the COUNTY under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the COUNTY. 12. Audits and Inspections. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the COUNTY. These records will be made s available to the COUNTY or its authorized representative and will be retained for three (3) years after the expiration of this Contract, unless permission to destroy them is granted by the COUNTY. 13. Modification of Contract. No waiver or modification of this Contract or of any covenants, conditions, or limitations contained herein shall be valid unless it is in writing and dul'y~executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Contract, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. 14. Chanties. The COUNTY may from time to time require changes in the scope of services of the CONTRACTOR to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, shall be incorporated by written amendment to this Contract. A. Chantie Control Procedures Unisys shall develop/generate the application software products defined in this agreement to conform to the capabilities and features as defined in 9 the Requirements Definition. If the COUNTY determines that a change to the application software products is required after the Requirements Definition Report is approved, the COUNTY will submit a Change Request form to Unisys. The following procedures will be used to process a Change Request: a. The COUNTY will submit a written Change Request form to 'Unisys. Such Change Request form will bear a unique reference number assigned by the COUNTY, and will outline the new and/or changed specification. The Change Request form must be signed by the COUNTY'S Project Manager. b. Unisys will evaluate the request to determine if the requested change(s) is required by the Requirements Definition Report, and to determine the project impact on completion milestones and project costs. Unisys will submit to the COUNTY a written Change Quotation within ten (10) working days after receipt of any Change Request. c. The Change Quotation shall indicate the detailed cost and impact of the change request upon the completion milestones, if any. If the Change Quotation is acceptable to the COUNTY, an amendment will be executed by the parties, and the is completion dates and payment amounts will be amended accordingly. If the terms of the Change Quotation are not acceptable to the COUNTY, the then existing application software products, including any previously agreed upon changes, will continue in force. 2. Project control forms and reporting procedures will be enforced by Unisys and the COUNTY'S Project Manager. 15. Termination of Contract for Cause. If, through any cause, a party shall fail to fulfill in a timely and proper manner its obligation under this Contract or if a party shall violate any of the covenants, agreements, or stipulations of this Contract, the other party shall thereupon have the right to terminate this Contract, giving written notice to the other party of its failure to comply with the obligation contained herein or of the covenants, agreements, or stipulations violated. The written notice shall also provide a reasonable time to cure said violations. [f said violations are not cured within the stipulated time, the injured party shall give written notice to the other party specifying the effective date of termination at lease five (5) days before said date. [n such event, all formecly provided equipment and written materials or manuals, prepared by or obtained by the CONTRACTOR under this Contract shall, at the option of the COUNTY, become its property and the CONTRACTOR shall be entitled to receive just the equitable compensation for any work satisfactorily completed hereunder. 16. Termination for Convenience of the COUNTY. The COUNTY may terminate this Contract at any time by giving at least thirty (30) days notice in writing to the CONTRACTOR. If the Contract is terminated by the COUNTY as provided herein, the CONTRACTOR will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the CONTRACTOR, paragraph 15 hereof related to "Termination of Contract for Cause" shall apply. 17. Non-Discrimination. There shall be no discrimination against any employee who is employed by the CONTRACTOR in the work covered by this Contract or against any applicant for such employment because of race, religion, sex, color, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR shall insert a similar provision in all subcontracts for services covered by this Contract. iz 18. Compliance with Local Law. The CONTRACTOR shall comply with all applicable laws, ordinances, and codes of the State and local governments. The CONTRACTOR shall submit proof that all Federal, State, and County licensing requirements are met. It is the responsibility of the CONTRACTOR to obtain the necessary coverage for items such as workers' compensation and medical insurance. 19. Inderm~ification. It is strictly understood that the COUNTY shall in no way be held liable for any claims, damages, causes of actions, or suits resulting from any negligent or wrongful acts or omissions of the CONTRACTOR. The CONTRACTOR shall indemnify, defend, and save harmless the COUNTY and its officers, agents, and employees from any liability, actions, claims, suits, damages, or costs for personal injury, property damages, or infringement arising out of or resulting from the negligent or wrongful acts or omissions of the CONTRACTOR, its officers, employees, agents, or sub-consultants occurring during, or in connection with, activities that may be funded, in whole or in part, from fiords provided to the CONTRACTOR under this Contract. 20. Ownership Vested in COUNTY. It is expressly understood that any and all materials, data, information, results, and any other thing derived or obtained directly or indirectly as a result of this project, including but not limited to, materials, data, information, and results shall be the sole and exclusive property of 13 the COUNTY and that the CONTRACTOR shall have no interest, right, or title in or to any of the foregoing. The CONTRACTOR shall insert a similar provision in all subcontracts for services required under this Contract. It is expressly understood between the parties that the above language only applies to custom developed software. Previously existing proprietary software is being licensed, without transfer of title, under the paragraph entitled "License" found elsewhere in this Agreement. Any ideas, concepts, know- a.+~ /S,B how, ~a~e processing techniques, documentation, diagrams, software specifications, schematics, or blueprints developed by Unisys personnel will remain the property of Unisys. Furthermore Unisys expressly retains the right to develop and independently market world-wide products substantially similar to the custom products which are the subject of this Agreement. 21. Interest of Members of COUNTY. No officer, member, or employee of the COUNTY who exercises any fimction or responsibilities in connection with this project shall: A. Participate in any decision relating to this Contract which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested; or u B. Have any interest, direct or indirect, in this Contract or the proceeds thereof. 22. Severability. If any provision of this Contract is held invalid, the other provisions of this Contract shall not be affected thereby. If the application of the Contract or any of its provisions to any person or circumstance is held invalid, the application of the Contract and its provisions to other persons or circumstances shall not be affected thereby. This Contract shall be conclusively deemed to have been negotiated and entered into in the State of Hawaii and shall be construed under the laws of the State of Hawaii. 23. License. A. Unisys grants to COUNTY a pecsonal, non-exclusive and non- transferable license to use Software and related documentation according to the terms and conditions of the Agreement, solely for COUNTY'S internal data processing requirements on the Unisys Software Processing Unit (SPU) in the United States on which Software is initially installed. COUNTY'S use of Software will also be governed by any additional conditions which Unisys may provide on or prior to delivery of Software. COUNTY agrees that Unisys may periodically inspect the computer site in order to audit Software supplied by Unisys installed at l5 COUNTY'S site at mutually agreed upon times. In the event that a separate license agreement accompanies non Unisys commodity Softwaze, then the separate license agreement terms will supersede the above license grant for that Softwaze. B. COUNTY may develop application programs, may modify any Unisys application Software and may combine such with other programs or materials to form an updated work, provided that upon discontinuance or termination of the license, the Unisys application Softwaze will be removed from the updated work and returned to Unisys. C. COUNTY will not decompile or disassemble any Software provided under this Agreement or modify Software which bears a copyright notice of any third party. COUNTY will make and maintain no more than one archival copy (for backup purposes) of each item of Software, and each copy will contain all legends and notices and will be subject to the same conditions and restrictions as the original. D. If the SPU on which any item of Soflwaze is licensed becomes temporarily unavailable; use of such Software may be temporarily transferred to an alternative SPU until the original SPU becomes available. E. No license is granted to COUNTY to use any Unisys proprietary operating system Software to assess, test or develop any hazdware products or l6 software programs that will be marketed by COUNTY or others for compensation. This license restriction does not apply to MS/DOS, UNIX and CTOSBTOS operating systems or the development of application programs. Application programs means programs for performing specific automatic data processing tasks such as payroll, inventory control, information retrieval, or repetitive arithmetic operations, but excludes programs such as environmental programs, handlers, operating systems, and data base management programs. F. If COUNTY desires to: (a) use Software in a service bureau mode, (b) use Software at another location, (c) use Software as restricted in Section 23.5, or (d) transfer operational use of the Software to third party; then COUNTY shall request prior permission in writing from Unisys. Unisys will then advise COUNTY whether, and under what terms and conditions, Unisys will license the Software as requested. All restrictions applicable to COUNTY will also apply to any permitted service bureau or third party users. G. This Agreement does not transfer to COUNTY title to any intellectual property contained in any Software, documentation or Proprietary Information. i~ H. No party shall be entitled to use any Software unless the party has a valid written license to use such Software and all applicable charges for the use of such Software have been paid. 24. Limitation of Liability. A. Unless further limited elsewhere in the Agreement, the entire liability of Unisys at~d COUNTY'S exclusive remedy for damages from any cause related to or arising out of this Agreement, where the cause of action is in contract, will not exceed the greater of (a) $100,000 or (b) the charges paid to Unisys during the 24-month period immediately prior to COUNTY'S notice for the Products or services which are the subject matter of or directly related to the causes of action asserted. B. Neither party will be liable to the other party for consequential damages related to the computer system even if that party knew, or should have known, of the possibility of such damage. C. The entire liability of Unisys and COUNTY'S exclusive remedy for any defective non Unisys Products provided under the Agreement is limited to their return to Unisys within 90 days after shipment for refund of the amount paid to Unisys for such Products (not including any amounts paid for related services). IS D. Unisys may direct COUNTY to third parties having products or services which may be of interest to COUNTY for use in conjunction with the Products. Notwithstanding any Unisys recommendations, referral or introduction, COUNTY will independently investigate and test third party products and services and will have sole responsibility for determining suitability for use of third-party products and services: Unisys has no liability with respect to claims relating to or arising from use of third-party products and services. 25. Fonim. No action or proceeding involving this Agreement shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawaii, State of Hawaii, nor shall may action commenced in such court be removed or transferred to any other state or federal court. 19 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. COUNTY OF HAWAII By Stephen K. Yamashiro Its Mayor Controller RECOMMEND APPROVAL: County Clerk County of Hawaii APPROVED AS TO FORM AND LEGALITY: Corporation Counsel County of Hawaii Date: Date: zo STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of 19 _, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who. being by i~ie duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instnunent was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the Coi-nty of Hawaii by Section 5-1.3 (g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act a~~d deed of said County of Hawaii. Notary Public, State of Hawaii My Commission expires: z~ STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE ) On this 6ru day of JULY 19 9s , before me personally appeared DONALD R. LANDSKRON known to be the person described in and who executed the foregoing instrument and acknowledged that lie executed the same as his free act and deed. Q HAlEllf L ESIREIU 'C Notary i ate of California 3 -ar~arc"'"`weuce iaosao ~ a 'r'~~~19•~~~ My Commission expires: sEPT~ssR 19, 1997 22 Exhibit A NON-GRATUITY AFFIDAVIT (A release form to be executed and filed by contractor before final payment is made.) Contractor: Unisys Corporation STATE OF HAWAII COUNTY OF HAWAII Contract No.: County of Hawaii Proposal # 1560 SS: The undersigned hereby certifies that he/she is the (Title) (Name of partnership or corporation) of that in com~ection with the above contract/project, he/she or its officers, representatives, agents, contractors, subcontractors, or employees have not given or made any agreement to give any gift of money or otherwise, or anything of value; has not been influenced by any County of Hawaii employee, the employee's relatives or agents in the renting or purchasing of any equipment or supplies and/or rendering of any professional services of any nature whatsoever. (Name) This (Title) 19 day of Notary Public, State of Hawaii My Commission expires: iJ~nS~~ Exhibit B ;'ounty of Hawaii RFP 1560 d Ready reference injornwtion for quick referetrce cm,d detatltng frequently used commands, I ,Y funettons and system responses Quick reference card will be provided identifying frequently used functions. Basis Desktop also comes with a user guide for quick reference to user commands. Additionally, Basis Desktop comes standard with customisable 'Cool Bats for most freguntly used commands identified by simple icons az well az the standard drop down menus. 3 Vendor must provide complete system hardware and soJhvare technical assistance via dtree! telephone ,Y from the vendor ro the user site during regular business hours ,yonday through Friday 6.•30 am. through 6: 00 p. m. PaciJlc Standard Tfine. Complete system hardware and software technical assistance is available. Please see Sections 3 and 5. IDI provides a Help desk 800 number for customers to call S am. to 5:30 p.m. Pacific time Monday. through Friday. If a Help desk analyst needs fwther support m resolve an issue, it is escalated to the Product Support Group, a staff of operating systems and applications specialist. 'Chey in turn have a direct line to the development staff in Research and Development for final resolution if necessary. B Maitrtenttttce 1 Vendor must provide one year maintenance within a four hour or less response time, from the time of I the cal! ro request service, in the event ojhardware and/or software failure during the warranty period X Unirys will provide maintenance. Please see Section S for details. One year of maintenance is included and shall start at the completion of installation and acceptance. Response time will be baud upon flight times from Honolulu. 1 Vendor must deliver, set up and test al! system hardware and sojlware at the usrr's sites. X Uturys will deliver. set up and test aU system hardware and software at the user's sites. Please see Section 5 for details. Vendor must provide on-site maintenance within 4 hoots. On-site service of the BASISpIus software is not an issue az Systems Consultants can typically respond faster by logging onto the Client's rystem and solve any problems much faster than it woWd take someone to travel on-site to perform the same function. A. Tables A-67 Exhibit C Payment Request Schedule County of Hawaii Unisys normal billing policies include issuing an invoice for each "complete order" that is shipped. A "complete order" can consist of hardware only, software only, services (including training and expenses), or any combination of these items. In order to comply with Paragraph 5 of this contract and to comply with the phased implementation approach, we anticipate a phased billing as well. The phased billing will be managed by the Unisys Project Manager and the County Project Manager. An estimate of the content of each request for payment follows. Phase 1 • Implementation Services including Project Kickoff, and Network hardware and installation • Laptops • Plain Paper Fax • Actual Training delivered • Actual Shipping, Taxes, and Expenses incurred Phase 2 • Delivery of the Requirements Definition • Acriial Taxes and Expenses incurred Phase 3 • Delivery of the Detail Design • Actual Taxes and Expenses incurred Phase 4 • Implementation Services • Application Hardware • Perfect Office Software • Workstations • Actual Training delivered • Actual Shipping, Taxes, and Expenses Unisys Corporation June 2, 1995 Revised Bid Proposals Specifications HARDWARE No./Equipment 2 Super Servers w/ monochrome monitors 1 Dept Server w/ monochrome monitors 1 Scanning Work Station 2 Scanners 2 Jukeboxes (20-32 disk capacity) 22 Work Stations (Hilo) : 15" monitors instead of 17"; ] 5 of 22 with smaller hard drives 6 Work Station Upgrades (Hilo) NIC and RAM 1 Printer (High speed, 3 tray min. include. envelope tray) 3 Printer Upgrades (Hilo) 1 Work Station (Kona) with smaller hard drive and 15" monitor I Work Station Upgrade (Kona) NiC and RAM 1 Printer Upgrade (Kona) 9 Lap Top Work Stations (will less powerful laptops work with the system as efficiently?) 1 Lap Top Upgrade Universal Power Supply Tape Drive Network Hardware (UTP, hubs, Remote LAN node, etc.) Plain Paper Fax UPS To support servers and Jukebox Public access terminal Changed to telephone access for "legally required to post" documents Public access terminal maintained as counter top Deletin Kona frame relay and all related hardware/hubs/routers/etc. (Link in by remote access like the laptops) CD Mastering work station Large Document Scanning work station with all associated hardware and software SOFTWARE We are interested in understanding how the major components work together. (BASISpIus, [nfolmage, Perfect Suite) OTHER CONCERNS - Price considerations over all - Price for Data Conversion Phase 5 • Implementation Services • Infohnage Hardware • InfoImage and BasisPlus software • Achial Training delivered • Actual Shipping, Taxes, and Expenses inctured Maintenance invoices normally occur monthly after hardware and software are accepted by the County. Annual invoices to occur on the County's fiscal year are also possible. Unisys anticipates that the first year of maintenance listed in the June 8, 1995 addendum is prorated to $8,751 based on phased acceptance of hardware and software between July, 1995 and June, 1996. Price Breakdown b rkstation units Price for a yearly maintenance schedule beyond the first yeaz If you have any questions please contact Judy (961-8534) or Sheila (961-8228) Unisys Corporation Telephone Suite 300 714 75!i 450D i Hutton Centre Drive Santa Ana CA 92707 1 ~~~J i~ 1 ~ June 8, 1995 County of Hawaii City Council c/o Judy Iokepa Attached please find Unisys response to your request for a revised specification for Proposal No. 1560. I have used the format that you provided to us in your June 2, 1995 letter to list the additions, deletions, and considerations that you requested. Unless changed in the aforementioned attachment, all items in our original response on May 15, 1995 are still included in the summary cost estimate which follows: Hardware, Software, Services = $489,147 Training 67,000 Expenses 27,000 Shipping 4,456 Taxes 25,000 Maintenance pro-rated for I st 12 months 8.751 Total $621,354 Please see the attachment for yearly maintenance costs. Unisys and Information Dimensions are looking forward to a productive visit next week to discuss the features and benefits of InfoImage Folder and BASISpIus. We also anticipate a successful contract by July 13, 1995 and a long term partnership with the County. Thank you for this opportunity. Regards, ~' Denise O'Connor Director, InfoImage Marketing Jane 8, /995 County of Hawaii Revised Bid Proposals Specifications HARDWARE No./Eq~ment 2 Super Servers w/monochrome monitors -included 1 Department Server w/monochrome monitor -included 1 Scanning Work Station -included 2 Scanners 1 included 2nd scanner option - $5.096 additional card required in a proposed workstation - $2.546 Note: Each scanner requires a workstation, however, by adding a scanner control card in a view workstation, the County can add scanning capability to that workstation by also adding the optional 2nd scanner. 2 Jukeboxes (20-30 disk capacity) - 1 20GB Jukebox included = $5.946 - 1 40GB optional or alternative Jukebox = $14.220 however, Unisys recommends waiting to order additional Jukebox capacity as technology prices do go down over time and we anticipate that the County will not require the additional capacity for at least one year. 22 Workstations (Hilo): 15" monitors instead of I T' -included. 15 of 22 Work stations with smaller hard drives - Most PC's today are manufactured with the 350 MB hard drive we proposed. Unisys recommends this configuration be maintained as the cost savings are not substantial enough to justify the lower capacity. Workstations Upgrades (Hilo) NIC and RAM - The 6 upgrades will be provided during the last phase of implementation. The costs are not included in the summary cost estimate. Page Two County of Hawaii -Revised Bid Proposals Specifications June S, 1995 Printer (highspeed, 3 tray min. including envelope tray) - Included as 2 trays with envelope tray as feed from top of letter tray. Power envelope feeder is a $200 option. Printer Upgrades (Hilo) Note: Image .capable printers are different from text printers, therefore, the County may want to consider additional image printers. The image printers are $1,444 each. The existing printers can be used as network text printers. Included in our revised bid is 1 image printer in Hilo and 1 image printer in Kona. Work Station (Kona) with smaller hard drive and 15" monitor included. Unisys recommends against smaller drive. Work Station upgrade (Kona) with NIC and RAM - This upgrade will be provided in the last phase of implementation. The cost is not included in the summary cost estimate. Printer upgrade (Kona) - See Hilo printer upgrade request. 9 Lap Top Work Stations (less powerful) - Unisys recommends against less powerful Lap Tops as performance is affected. Lap Top upgrade -The Lap Top cannot be upgraded Universal Power Supply Tape Drive Network Hardwaze (UTP, hubs, remote LAN node, etc.) Deleted - Kona frame relay and all related hardware - CD Mastering work station - Large Document Scanning work stations with all associated hardware and software. - Public access terminals Page Three County of Hawaii -Revised Bid Proposals Specifications June 8, 1995 Added 1 Public Access terminal with floppy drive that will be disabled after software is loaded. 1 Public access terminal changed to telephone access. oftware The major components oTthe proposed solution (BASISpIus and InfoImage Folder) will be demonstrated in Hilo on June 14th and 15th. We will also help the Council understand how the components will be customized to work together to satisfy the County's requirements. Unisys recommends that a satisfied user of Perfect Office who expressed the requirement in the RFP participate with us to demonstrate the features that make it the County's preference. Other Concerns • Price Considerations over all - Unisys has made a best effort to match the County's budget while maintaining a preferred level of performance. • Price for Data Conversion - Included in our Services bid. • Price Breakdown by Workstation units - All Work Stations components included in hardware costs. • Price for a yearly maintenance schedule beyond the first year. - Maintenance for all hardware and software (including the modifications above, but not including any items listed above as optional): Year 1 = $32,479 Year 2 = $35,467 Year 3 = $35,467 Year 4 = $49,579 Year 5 = $49,579 Note: Unisys believes these costs can be mitigated by house spares, or subcontracting. Please also be aware that Year 1 maintenance begins only when hardware and software have been received by the County.