HomeMy WebLinkAboutLAWSON ASSOCIATES INC.Agreements for Termination IT (02.06.26)
Conned Number
Name
DESCRIPTION
Termiantion Date
OR to terminate? Y/N
If Y, please sin
NOTES
A-2017-137
3608C GROUP, INC. DBA 360 BUSINESS CONSULTING
WEBSTFE REDESIGN, CONTENT MANAGEMENT SYSTEM IM PLEMENTATION SERVICES
6/30/2020
Y
1C
A-2000-113C
ACI COMMUNICATIONS
CABUNG SERVICES
UNTILTERMINATED
Y
JC
A-1997-114
APR CONSULTING, INC
TECHNICALTEMP. PERSONNELSERVICES AND CONSULTING
UNTILTERMINATED
PWAa mt
A-2001-253, A-2002-210-PWA sgNNmRm Ch Wrefig per AD an pd Invokes, last payment 3/2017
A-2021-092
AVOCIETETECHNOLOGIES, INC.
IMPLEMENTING SERVICESFOR ENTERPRISE LAND MANAGEMENTSYSTEM
6/30/2024
Y
1C
A-2021-092-01
A-2004-141
ASAP SOFTWARE
ANTI-VIgUi SOFTWARE&SE0.VICE5 FROM TREND MICR0ING
8/31/2W8
Y
1C
A-2005-283
BINDVIEW CORPORATION
SOFTWARE LICENSING AND MAINTENANCE SERVICES FOR ATHREE-YEAR
11/29/2008
Y
JC
A-2001-130
BREAKWATER SECURITY, INC.
ANTI -VIRUS SOFTWARE
7/1/2004
Y
1C
N-2020-127
BUILDING NETWORKS, INC.
REPLACEMENT OF HVAC SYSTEM IN COMPUTER ROOM
1/22/2021
Y
1C
A-2017-019
BUNN ELL ENTERPR ISES DBA TOTAL NETWORK SOLUTIONS
INFORMATION TECHNOLOGY PROFESSIONAL SERVICES
2/6/2021
Y
1G
A-2020-176
0 TECHNO LOGY SERVICES
MANAGED PRINT SERVICES
2/2812023
Y
1C
A-2023-023 current
A-2018-007
CHARTER COMMUNICATIONS OPERATING,LLC
DATA AND VIDEO COMMUNICATIONS SERVICES
12/30/2021
Y
JC
Spectrum
A-2016-346
CHERWELL SOFTWARE
INFORMATION TECHNOLOGY SERVICE MANAGEMENT SYSTEM
11/30/2D18
Y
IC
A-20214191
CLARITI CLOUD,INC.
SOFTWARE SUBSCRIPTION OCENSNG OF A PERMITTING AND LICENSING SYSTEM FORE
6/30/2024
Y
IC
A-2021-091-01
A-2003-018
COGENTCOMMUNICATION, INC.(PSINET)
INTERNET ACCESS SERVICE
2/7/2006
Y
1C
A-2006-089, A-2003-018412
A-2009-049
COGENT COMMUNICATIONS, INC
INTERNET ACCESS SERVICES
6/1/2011
Y
1C
A-2011-143, A-2012-175,A-2015-200
A-20174118
THE COMDYN GROUP INC
INFORMATION TECHNOLOGY PROFESSIONAL SERVICES
2/7/2017
Y
1C
A-2017-018-01, AQU1?-018-02,A-203?-018-03-with 3rd amendment term extended to 2/6/2020
A-200-147
THE COM DYN GROU P I NC
TEMPORARY TECHNICAL CONTRACT SERVICE PERSONNEL AND CONSULTING SERVICES
Until terminated
Y
1C
A-2W8-270,A-2008-270-001,A-2009-151,A-2010-251,A-2012-182, A-2014-064, A-2014-064-01
A-2016-015
TH E COM DYN GROUP I NC
INFORMATION TECHNOLOGY SERVICES
8/31/2016
Y
1C
A-2016-01i-01
A-2008-013
COMPUCOM, INC.
VOLUME LICENSING FOR MICROSOFT SOFTWARE AND PRODUCTS
12/31/2013
Y
1C
A-2011-010
A-2004-004
COMPULINK MANAGEMENT CENTER, INC.
DOCUMENT MANAGEMENT SYSTEM
6/11/2024
Y
1C
A-2W5-122,A-2005.122-01,A-2005-122-02,A-2005-122-03,A-2W5-122-04
A-2003-260
FLUKE NETWORKS
NETWORK TEST EQUIPMENT MAINTENANCE AND SUPPORT SERVICES
1/5/2005
Y
JC
A-2005-006
FLUKE NETWORKS
EQUIPMENT MAINTENANCE AND SUPPORT SERVICES
1/5/21306
Y
1C
A-2005-282
FLUKE NETWORKS
TECHNICALSUPPORT AND SERVICE
1/5/207
Y
1C
A-2000-026
FULLMER CONTRACTFURNITURE AND SERVICES
MODULAR FURNITURE SYSTEMS
UNTILTERMINATED
Y
JC
A-1998-002
FUTURE DESIGN COMMUNICATIONS
CABLING SERVICES
UNTILTERMINATED
Y
IC
A-200-126
HAMS ELECTRIC,INC.
COMPUTER DATA AND TELEPHONE CENTER CONTRACTING SERVICES
3/15/2010
Y
1C
A-2003-114
HEWLETT-PACKARD COMPANY
EQUIPMENT MAINTENANCE OF SERVER CLASS COMPUTER SYSTEMS
5/31/2006
Y
1C
A-2000-111
IM PLEM ENTED DESIGNS, INC.
ACCESS FOR COMPUTER& TELEPHONE CENTERS
UNTILTERMINATED
Y
IC
A-2008-037-011
INFOR (US), INC.
LAWSON SYSTEM CONSULTING SERVICES
5/31/2023
Y
JC
A-2014-099-02, A-2020-062
A-1997-117
INTERGRATED PARTNESH IPS, I NC.
COMPUTER CONSULTI NG SERVICES
1O/4/2000
Y
1C
A-1999-017, A-190-156
A-2001-255
I NTERNATIONAL MANAG EMENT SYSTEMS CORPORATION
TECIINICALTEMv. PERSONNEL SERVICES AND CONSULTING
12/18/2003
Y
1C
A-20G2-212
A-1998-014
I NTERNATIONAL N ETWORK SERVICES
SECURITY AU DIT-COMPUTER NETWORK
UNTILTERMINATED
Y
1C
A-2001-210
IRON MOUNTAIN(ARCUS DATASECURITY)
OFF -SITE DATA SECURITY
3/19/2019
Y
1C
AQ00-197,A-2003-259, A-2016-040-01
A-1998488
J&K COMMU NI CATIONS
COMPUTER CONSULTING SERVICES
6/30/1999
Y
1C
A-20110-113D
LAN LAB COMMUNICATIONS,INC
COMPUTER CABLING- SPURGEON BUILDING
UNTILTERMINATED
Y
JC
A-1988-112
LAWSON ASSOCIATES
FINANCIAL MANAGEMENT SYSTEM SOFTWARE AND MAINTENANCE
3/19/1990
Y
JC
A-1990-056
A-2010-068
]LAWSON SOFTWARE AMERICA
FINANCIAL MANAGEMENT SYSTEM SOFTWARE AND MAINTENANCE
1/13/2012
Y
JC
N-2011-04
LEGACY VOICEMAIL, I NC,
MAINTENANCE SERVICES RELATED TO EQUIPMENT FOR CITY'S VOICEMAIL SYSTEM
6/30/2017
Y
1C
A-2014-163, A-2014-163-01,A-2014A63.02
A-2000-113B
LOMAC INFORMATION SYSTEMS, INC
CABLING SERVICES
7/17/203
Y
1C
A-2001-222, A-2W2-165
A-2016-347
MIGRATION TECHNOLOGIES (MITECH)
CHERWEULSYSTEM
11/30/2017
Y
IC
A-1997-120
MINI-SYSTEMSASSOCIATES
COMPUTER CONSULTING SERVICES
UNTILTERMINATED
Y
JC
A-2001-254
NAKOMA GROUP FKA DATA DESIGN CORP
TECHNICALTEMP. PERSONNEL SERVICES AND CONSULTING
UNTILTERMINATED
Y
JC
A-2003-262,A-2004235, A-21305-302, A-200-102
A-2001-131
NEC BUSINESS NE ORK SOLUTIONS
TELEPHONE SYSTEM MAINTENANCE
6/30/20D7
Y
1C
A-20132-076, AQ003-113, A-2W 1399, A-2035-08,A-20015-137
A-2007-176
NEC UNIFIED SOLUTIONS, INC.
TELEPHONE SYSTEM MAINTENANCE
6/30/2011
Y
1C
A-2009-060, A-2010-089
A-2011-164
NEC CORPORATION OF AM ERICA, INC.
TELEPHONE SYSTEM MAINTENANCE
6/30/2020
Y
1C
A-2011-164-01,A-2011-164-02,A-2011-164-03,A-2014-162,A-2017-138, A-2018-145, A-202o.124
A-2007-053
NEW CINGU LAR WI REUSES NATIONAL ACCOUNTS, LLC
WIRELESS SERVICES AND EQUIPMENT
12/31/2010
Y
1C
A-20D1-217
OPTICAL ACCESS, INC.
WIRELESS COMMUNICATION SYSTEMS
UNTILTERMINATED
Y
1C
A-2017-246
SIGNATURE TECHNOLOGY GROUP, INC.
DATA CENTER MAINTENANCE AND SUPPORT SERVICES
9/18/2020
Y
1C
02/26/2026
SALE AGREEMENT
AGREEMENT FOR FINANCIAL MANAGEMENT SYSTEM SOFTWARE
THIS AGREEMENT made and entered into this 22nd day of November, 1988, by an
between the City of Santa Ana ('"City"), and Lawson Associates Inc. ("Lawson").
WITHESSETH
1, The City requested proposals for a Financial Management System through an
Invitation For Bid dated May 5, 1988 (Bid Spec #87-023R), a public record
on file in the office of the City Clerk, hereinafter referred to as the
111 FB".
2. Lawson responded to the IFB with its proposal dated June 8, 1988, a public
record on file in the office of the City Clerk, hereinafter referred to as
the "Proposal".
3. City desires to obtain, through a seven year lease -purchase agreement with
UNISYS Finance Corporation, various computer software from Lawson
consistent with the IFB and the Proposal.
DEFINITION OF TERMS
Days - Unless specifically stated as working days, the term "days" shall
refer to calendar days. A working day corresponds to regular City
Hall working hours (8:00 a.m. - 5:00 p.m.), Monday through Friday.
Demonstration Test - An execution of programs in City's mainframe computer
environment of each Licensed Module provided by Lawson
to demonstrate that the Licensed Module has been
properly installed and is functioning in the City's
computer environment.
Installation - Shall refer to a series of activities to include, but not
limited to:
A. Identification by Lawson of City resources and timeframe
required to perform the activities in this list.
B. Delivery of data base description file (DASDC) in advance
of the system.
C. Delivery of Licensed Module(s) in source code form to
City.
D. Loading of source code programs into a designated
partitioned data set in City's computer environment.
E. Performance of all compiling and listing activities
necessary to place executable programs into City's
execution libraries.
Page - I
VVIi ATEVEnIT TAKES`
Installation - continued
F. Conducting a Demonstration Test of each Licensed Module
or Modules.
G. Demonstration that License Module(s) have been properly
Installed by satisfactorily executing the Demonstration
Test.
H. Delivery of documentation including one manual, for each
system module installed, which provides user information
and computer documentation on the module.
I. Written notification from Lawson to the City of System
Module installation.
Acceptance - Refers to system acceptance testing of application functions by
City staff. A module will be considered "accepted" if it
performs in accordance with the system documentation and
conforms to the requirements of the IF8 per Lawson's response.
WHEREFORE, in consideration of their mutual and respective covenants and
promises hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
TERMS AND CONDITIONS OF AGREEMENT
The City will be purchasing the computer software described in this agreement
through a seven year lease -purchase agreement with UNISYS Finance Corporation.
The City will authorize disbursements to Lawson from the lender as follows:
1. Upon contract approval and confirmation
City will authorize through lessor a
representing 10% of the total price of
agreement not related to installation.
Lawson no later than January 17, 1989,
of credit and contract execution.
Of line of credit (refer to #2),
payment of $24,500 to Lawson,
all modules and the Support Plus
This payment will be made to
assuming confirmation of the line
2. Lawson agrees to provide an irrevocable, unconditional letter of credit in
the name of City of Santa Ana from a bank authorized to do business in
California in the amount equal to advance payments as follows: `
$18,500 Contract approval (item #1)
6 000 Support Plus (item #4)
24,500 Total line of credit
The letter of credit effective time period starts upon contract signing or no
later than November 22, 1988, expires on December 31, 1990.
Page - 2
,. WMATEA R IT IAKE3'
The City will access the line of credit under the following conditions and
procedures:
A. Termination of contract/agreement under the provisions outlined in
paragraphs 9 and 13.
B. Failure of Lawson to refund current, unused balance of advance
Payments as described in paragraphs 1 and 2.
C. The City will notify Lawson in writing at least 48 hours in advance
of its intention to access the line of credit. The City will
delineate the specific reasons for such action and Lawson will have
48 hours to respond with remedies agreeable to the City.
D. The balance available to the City in the line of credit will be
reduced as follows until the December 31, 1990, expiration date:
• The $6,000 Support Plus portion will be reduced by the fraction
of ten days.
• The $18,500 contract approval portion will be reduced by 10% of
each PHASES' total payment value as each phase is accepted.
3. Additional payments will be due and authorized for payment by lessor
Installation and acceptance in accordance with the following schedule:
INSTALL INSTALL INSTALLATION ACCEPTANCE ACCEPTANCE
PACKAGE 5 DATE PAYMENT DATE PAYMENT
PHASE I
(General Ledger, Accounts
Payable, Allocations) 2/01/89 $29,200 3/30/89 $36,500
PHASE II
(Project/Cost Accounting)
3101/89
2,000
3/30/89
21,500
PHASE III
(Purchasing Management
and Inventory)
4/01/99
17,200
4/30/89
21,500
PHASE IV
(Accounts Receivable and
Fixed Assets)
5/01/89
12,800
5/31/89
16,000
PHASE V
(Personnel Management and
Position Control)
6/01/89
12,800
6/30/89
16,000
TOTAL
$74,000
$92,500
Page - 3
W4AF"R1I TAKES,
The City may delay, at its discretion, the installation and acceptance
dates for any phase by an equal number of days.
In the event that Lawson is unable to deliver the governmental version of
any module, the City has the option to have, or not to have, Lawson's
commercial version installed. The installation payment for the
commercial version shall be 20% of the module price with an additional
70% due upon delivery and acceptance of the governmental version.
4. The City is obtaining two (2) "Support Plus" packages for $12,000 ($6,000
each) for installation and implementation. Installation will be
performed on -site at City Hall by Lawson personnel. The first Support
Plus payment will be authorized in full upon contract approval and the
package will be used at the City's discretion. City shall retain the
second Support Pius package to be used at the City's discretion, and
authorization for payment for this package will be made prior to the
scheduled PHASE I installation date. Lawson must be notified by City
personnel within 30 days of any installation deficiencies; otherwise the
package will be deemed as successfully installed.
5. The maintenance and warranty period will begin on the final date of
acceptance.
6. City must notify Lawson in writing of any acceptance discrepancies within
30 days of successful installation; otherwise, the package will be deemed
as accepted. If minor acceptance discrepancies exist, the City will
authorize lessor to withhold 30% of the module price payment until
acceptance discrepancies are resolved. Such acceptance will not be
unduly withheld by the City.
7. Lawson will make their best effort to fix problems covered under the
warranty within 48 hours.
B. The City considers Lawson's General Ledger, Accounts Payable,
Allocations, and Project/Cost Accounting modules as key, integrated
elements of its overall financial management strategy. Accordingly,
acceptance payment for Phases I and 11 will not be remitted until Phase
II is accepted.
9. Failure by Lawson to reasonably achieve installation and acceptance dates
are cause for termination of this contract, as outlined in paragraph 13.
10. The payments outlined in paragraph 3 include up to 27 days of user
training.
Per Lawson's IFB response, training will be at Lawson's Irvine office for
two people for each module for the number of days indicated in the
response and Lawson's contracts. Additional students can be trained at
the additional cost of $300 per student per day. On -site training can be
provided for $1,000 per day plus out-of-pocket expenses.
Page - 4
WHALE VEn a TAKES'
11, Lawson will send user documentation as early as it is available so the
City will be able to prepare for implementation. One (1) copy of each
documentation item for each module is included with the 10% initial
payment. Additional copies of documentation are available at $75 per
copy. Additionally, if the City requests assistance with working through
problems after installation that Lawson cannot effectively handle by
telephone, then Lawson will send staff to make corrections on -site at
Lawson's expense.
12. Lawson guarantees it shall provide fully qualified personnel for all
levels of support, consultation, training, and assistance. The City
reserves the right to approve Lawson personnel prior to and during their
assignment to support the City. If the City is not satisfied with their
performance and requests removal, then Lawson agrees to replace them
within a mutually agreed upon period of time at no additional cost to the
City. Lawson will provide the City with statements of qualifications and
experience for each Lawson staff member proposed for assignment on the
City's project.
13. Either party may terminate this Agreement upon 30 days written notice if
the other has materially failed to comply with any of the terms and
conditions of this Agreement, except that, if the failure was a failure
by the City to authorize lessor to make any payment, the City, will then
have ten (10) days following receipt of such notice to correct the
problem by making said authorization of payment.
13.1 When this Agreement terminates for any reason (except as noted
in paragraph 13.2 below) within ten (10) business days, City
most either deliver to Lawson or destroy the original and all
copies of software and related materials. This provision
applies on a module by module basis.
13.2 If termination of this Agreement is by the City because Lawson
has declared bankruptcy, terminated business, or has failed to
continue to support or maintain the software included in this
Agreement, the software shall become the property of the City
for its own non-commercial use.
13.3 Termination of this Agreement does not free either party from
their respective obligdtions to comply with all the terms of
this Agreement which calls for performance prior to termination
date.
Page - 5
YMATEVERII TAKES'
14. Limitation of Liability and Remedies are to be as follows:
14.1 Lawson's entire liability and City's exclusive remedy for
damages to the City from any work under this Agreement, for any
cause whatsoever, and regardless of the form of action, whether
in contract or in tort, including negligence, shall be as
follows:
If the software does not perform as warranted, Lawson's
obligation will be to modify the software to make it perform as
warranted; or, if after repeated efforts, Lawson is unable to
make the software operate as warranted, City and Unisys Finance
Corporation will be entitled to recover their actual money
damages to the limits set forth in this paragraph. Damages
shall not exceed the total payments received by Lawson under
this Agreement.
15. For a period of one year following execution of this Agreement, Lawson
will make available to the City additional professional services in
accordance with the following schedule:
Programmer/Analyst $70/hour
System Analyst $80/hour
Senior Consultant $125/hour
Out-of-pocket expenses will be billed separately as described in
paragraph 15. professional services will be provided only if requested
in advance in writing by the City's designated representative.
16. City agrees to reimburse Lawson for reasonable Out-of-pocket expenses
Incurred for additional professional services requested. The City
defines reasonable per person as follows:
round trip coach airfare (per trip) $300 - $600
- transportation (per trip) 25 - 75 per day
- hotel (per overnight stay) - 75
meals (per day on -site) 55 55
_ miscellaneous (per trip) 30
20
Since actual expenses are charged to City, it is advantageous to plan
time, trips, and lodging as far in advance as possible to take advantage
of "advanced booking" discounts. City may negotiate with local hotels
for preferred rates or make available to Lawson "Government" rates.
Lawson is expected to cooperate fully with the city to minimize these
costs. Total out--of-pocket expenses shall not exceed 13,280 per Support
Plus package.
17. Any dispute arising under this Agreement shall be submitted to any court
of competent jurisdiction in Orange County, California. This Agreement
shall be governed by the laws of the State of California and constitutes
the entire Agreement between the City and Lawson with respect to the
software products. In the event of any litigation under this Agreement,
revenue shall be within the State of California.
page - 6
YVHATEVE4 IT TAKES'
18. The first year of maintenance is included with the installation and
acceptance payments. Maintenance costs in year two will be $27,750 and
is due and payable on 6/30/90. Subsequent annual maintenance costs in
years three through seven shall not increases by more than 5% per year
above this base.
19. The attached information outlined under the heading "Deliverables" is an
integral component of this Agreement. The City considers these
deliverables as critical elements of its overall financial management
strategy. Accordingly, acceptance payments for Phases one, two, and four
will not be remitted until these deliverables are integrated by Lawson
into the respective software programs for the Phase.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
Attest: CITY OF SANTA ANA
bye
a ice C. Guy 7i Daniel H. LYoung
Clerk of the Council Mayor
Approved As To Form:
— eg
Edward . 'o er
City Attorney
Approved As To Content:
t�"Da N. Ream
City Manager
Page - 7
'A"Al EVER 01 1AKE5'
LAWSON ASSOCIATES INC.
L.f
Terry Wi r
Vice President of Sales
Approved:
NIS S FINANCE CORPORATION