HomeMy WebLinkAboutC2013-142 - 5/14/2013 - ApprovedLICENSE AGREEMENT
I BETWEEN PCI AND Ve-
CITY OF CORPUS.
CHRISTI
m :
Table of Contents
1 .
SCOPE OF WORK ....................................................................................... ............................... 2
1.1 Software Licenses ...............•................................................................... ..............................2
1.1.1 Products Schedule .......................................................................... ...............................
2
1.1.2 License ............................................................................................. ..............................2
1.1.3 Termination of Software License by PCI ........................................ ...............................
3
1.1.4 Major Releases / Upgrades .............................................................. ...............................
3
1.1.5 Solution Longevity .......................................................................... ...............................
3
1.1.6 Successor Software Products ........................................................... ...............................
3
1.2 Source Code ............................................................................................ ..............................3
1.2.1 Possession ........................................................................................ ..............................4
1.3 Maintenance and Support Services ......................................................... ..............................4
1.3.1 Software and Help Desk Support Services ...................................... ..............................4
1.3.2 Annual System Assessment ............................................................ ...............................
4
1.4 New Services and Products .............................................:...................... .. .............................. 5
1.5 Cooperation with ERP Vendor .............................................................. ...............................
5
1 .6
Change Orders ............................................. ............................... ........... ...............................
5
2.
TERM ..................
2.1 Term of Software License ...................................................................... ...............................
6
2.1.1 Granting of License ......................................................................... ...............................
6
2.1.2 Terminating Software License ........................................................ ...............................
6
2.1.3 Material Breaches of Agreement ................................:................... ...............................
6
2.1.4 Termination and Other Remedies ................................................... ...............................
6
2.1.5 License Revoked Upon Termination .............................................. ............................... 6
2.2 Term of Implementation Services .......................................................... ............................... 7
2.3 Term of Maintenance and Support Services .......................................... ...............................
7
2.4 Survival ................................................................................................... ..............................7
3 .
TEST CRITERIA .......................................................................................... ...............................
7
3.1 Failure of Testing ................................................................................... ............................... 7
4.
PERFORMANCE STANDARD .............................................................. ..............................7
4.1 Response Time Standard ....................................................................... ............................... 8
5 .
ACCEPTANCE .................................................................................:.......... .............................:. 8
5.1 Acceptance Test Plan ............................................................................. ............................... 8
5.2 Software Component Conditional Acceptance ....................................... ..............................8
5.3 Software Component Acceptance ........................................................... ..............................9
5.4 System Acceptance ................................................................................ ............................... 9
5.5 System Acceptance Checkpoint .............................................................. ..............................9
5.6 Correction of Errors during Live Testing ............................................... ...............................
9
5.7 Acceptance of Non - Software Deliverables ............................................ .............................10
6 .
PERSONNEL ...............................................................................................
.............................11
6.1 Project Mangers ..................................................................................... .............................11
6.2 Client Review of Resumes ..................................................................... .............................11
6.3 Background Checks ...............................................................................
.............................11
6.4 Drug Workplace
-Free ............................................................................ .............................11
6.5 PCI Personnel Permanency .................................................................... .............................12
7 .
INDEMNIFICATION ...................................................................................
.............................12
7.1 Infringement . .......................................................................................... .............................12
7.2 Injury, Property, or Other Damage ........................................................ .............................13
i
7.3 Third -Party Services ............................................................................... .............................13
7.4 Technology ............................................................................................ .............................13
8. OWNERSHIP OF WORK PRODUCT ......................................................... .............................13
9. LIMITATION OF LIABILITY AND DISCLAIMERS ............................... .............................14
10 WARRANTY ............................................................................................ .............................15
10.1 Performed Services ............................................................................ .............................15
10.2 Operate in Substantial Conformity with Product Specifications ....... .............................15
10.3 Meet Requirements Include Exhibits ................................................. .............................15
10.4 Free of Programming Errors .............................................................. .............................15
10.5 PCI Testing ......................................................................................... .............................15
10.6 Computer Hardware Environment ..................................................... .............................15
10.7 Performance St andards ....................................................................... .............................15
10.8 Correction of Nonconformity or Defect ............................................. .............................15
10.9 Fixes, Feature Release and Version Releases .................................... .............................16
10.10 Initial Warranty .................................................................................. .............................16
10.11 Warranty Extensions .......................................................................... .............................16
10.12 System Functionality Warranty .......................................................... .............................16
10.13 Payment Card Industry Standards Warranty ................................... .............................16
10.14 Warranty Disclaimer ............. .........................................................
.............................16
10.15 Warranty Remedy .............................................................................. .............................16
11 TERMS OF PAYMENT ............................................................................ .............................17
11.1 Introduction ...................:.................................................................... .............................17
11.2 Pricing ................................................................................................ .............................17
11.3 Payment .............................................................................................. .............................17
11.4 Invoicing ............................................................................................ .............................17
12 TERMINATION ........................................................................................ .............................18
12.1 Disentanglement ..................................................................................... .............................19
13 SURVIVAL ...............................................................................................
.............................19
14 INSURANCE
............................................................................................. .............................19
14.1 Worker's Compensation Insurance and Employer's Liability Insurance .......................19
14.2 Public Liability Insurance ................................................................ ...............................
20
14.3 Subcontractor's Insurance ................................................................ ...............................
20
14.4 Certificate of Insurance ............... ............................................... ...............................
...... 20
14.5 Insurance Company and Agent .........................................................
20
...............................
15 PROTECTION AND SECURITY OF CONFIDENTIAL INFORMATION, .......................
21
15.1 Responsibility of Each Party ............................................................ ...............................
21
15.2 Disclosure of Confidential Information ........................................... ...............................
21
15.3 General Security ................................................................................. .............................21
15.4 Clients System Data ......................................................................... ...............................
22
16 ASSIGNMENT .............................................................................. ............................... 23
17 NOTICES ................................................................................................... .............................23
18 DISPUTE RESOLUTION ......................................................................... .............................24
18.1 Left blank ......................................................................................... ............................... 24
18.2 Project Managers Resolution ........................................................... ............................... 24
18.3 No Termination or Suspension of Services ...................... .................................
24
.......:......
19 FORCE MAJEURE ................................................................................... .............................25
20. INDEPENDENT CONTRACTOR .......................................................... ...............................
25
21. SOLICITATION OF EMPLOYEES PROHIBITED ............................... ............................... 25
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22. PRIME VENDOR RESPONSIBILITIES ................................................ ............................... 25
23. NON - APPROPRIATION ........................................................................ ............................... 25
24 GENERAL ................................................................................................. ............................... 26
24.1 Applicable Law and Venue ............................................................... ............................... 26
24.2 Severability ......................................................................................... .............................26
24.3 Waiver .............................................................................................. ............................... 26
24.4 Changes ............................................................................................ ............................... 26
24.5 Taxes ................................................................................................ ............................... 26
25. DEFINITIONS ........................................................................................... .............................26
Exhibit A — Pricing Proposal .............................................................................. ............................... 30
Exhibit B — Recommended Cashiering Hardware and Pricing Options ............. ............................... 31
Exhibit C — Maintenance and Support Services ................................................. ............................... 33
Exhibit D - Recommended Hardware and Software Requirements ................... ............................... 39
Exhibit E — PCI's Response to relevant functional requirements of the City .... ............................... 40
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PCI License Agreement for myRevenueCollector Corpus Christi
AGREEMENT BETWEEN PC] LLC
AND
CITY OF CORPUS CHRISTI
This Agreement is effective as of this _ day of . " 2013 between PCI LLC, a
limited liability company having its principal place of business at 4893 West Waters Avenue, Suite E,
Tampa, Florida 33634 (hereinafter referred to as "PCI ") and City of Corpus Christi, Texas,
(hereinafter referred to as "City ") a Texas municipal corporation having its principal office at
1201 Leopard St., Corpus Christi, TX 78401 -2825.
WHEREAS, the City of Corpus Christi desires to procure a Centralized Revenue Collections System, also
known as RCS or myRevenueCollector, (hereinafter referred to as the "System ") and as such has
reviewed the Infor Software Government ERP Solution proposal for myRevenueCollector
module provided by PCI.
WHEREAS, PCI submitted a proposal t o t h e C i t y on 15th of October, 2012 (hereinafter referred to
as the "Proposal ") to furnish the City with software for the System, which was determined by the City to
be most advantageous to the City.
WHEREAS, the City has requested PCI and PCI agrees to furnish a System.
WITNESSETH:
The City and PCI agree to the following terms and conditions in consideration of the mutual promises
stated in this Agreement, including the following Exhibits, which are attached hereto and incorporated
herein:
I. Exhibit A is the Pricing. Proposal
2. Exhibit B is the Recommended Cashiering Hardware and Pricing Options
3. Exhibit C is the Maintenance and Support Services
4. Exhibit D is the Recommended Hardware and Software Requirements
5. Exhibit E is PCI's response to relevant functional requirements of the City
In the event of any inconsistency between the documents comprising this Agreement, the order of
precedence shall be as follows:
1. The Agreement
2. Exhibits to the Agreement
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PCI License Agreement for myRevenueCoiiector Corpus Christi
1. SCOPE OF WORK
As part of this Agreement, PCI agrees to provide to the City Services and Products as described herein. In
addition, PCI will provide certain professional services under a separate statement of work (SOW) with
Infor whereby PCI will perform these professional services as a subcontractor to Infor.
1.1 Software Licenses
As used herein, "Products" shall mean Software and Hardware required for the successful
implementation of the System according to the prices set forth in Proposal (Exhibit A). "Software"
means any one of the computer software programs which is identified in Exhibit A. PCI agrees to
provide the Products, and City agrees to compensate PCI for its Products, in accordance with the
terms of this Agreement and the Exhibits hereto.
If requested by the City in writing, the parties may substitute the Products that are described in Exhibit
A for new Products that are reasonably and substantially equivalent to those Products being
substituted, and any such substitution shall not result in any adjustment to the Fees, unless otherwise
mutually agreed to by the parties.
"Documentation" shall mean the then current PCI - provided operating and technical documentation
relating to the features, functions and operation of the Software.
1.1:1 Products Schedule
PCI will provide the City the following software, hardware, and support components set forth in Exhibit A:
• PCI Software for the Revenue Collection System known as myRevenueCoIlector or RCS.
• Hardware as defined in the Proposal (Exhibit A)
3 party maintenance
• Product warranty on hardware
1.1.2 License
PCI - developed Software is licensed to the City pursuant to the provisions set forth in this paragraph.
1.1.2.1 PCI grants the City a perpetual, non - exclusive, nontransferable license to use the
Software and Documentation contracted for under this Agreement, for internal
operations of the City, its associated agencies, and Affiliates that the City supports or with
whom it shares resources for the term of this Agreement.
1.1.2.2 The City may make copies of the Software and Documentation for use of the City its
associated agencies, and Affiliates, provided that all copyright notices are reproduced and
the City does not exceed the number of licenses purchased. The City will not make available
the Software or Documentation, or portions thereof, to any other persons or entities
without prior written approval of PCI. PCI shall maintain, and make available to the City,
the Documentation in an electronic format in a timely manner at no additional cost.
1.1.2.3 The City shall have the right to use the Software, or any portion thereof, so long as the
number of users does not exceed the number licensed, or on one or more backup
computer nodes. No other use is licensed.
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PCI License Agreement for myRevenueCollector Corpus Christi
1.1.2.4 The City will not copy the Software or Documentation except as necessary for use under
this Agreement. The City will not decrypt without authorization, reverse compile or
disassemble the Software. The City will not export or re- export the Software or
documentation without the appropriate United States and foreign government licenses.
Furthermore,. the City agrees to abide by all applicable Federal and State Trademark and
Copyright laws.
1.1.2.5 The Software and Documentation is and shall remain the sole property of PC],
regardless of whether the City, or its employees, may have contributed to the conception of
such work.
1.1.3 Termination of Software License by PCI
In the event the City fails to: (i) adhere to its obligations of the software license set forth in this Section
1; or (ii) pay license fees due to PCI (payments for Warranty Extensions notwithstanding),
within sixty (60) days after receipt of a valid invoice therefore as set forth in Section 12 PCI shall have
the right to terminate the license granted hereunder forty -five (45) days after the City receives
written notice from PCI of such default, which specifies the reasons for the default. If the City fails to
correct the default within this forty -five (45) -day period, PCI shall send the City a written Notice of
Termination of License and within ten (10) days after receipt of such written Notice of Termination of
License, the City shall return to PCI all Software and all encrypted software purchased under this
Agreement.
1.1.4 Major Releases / Upgrades
City shall be entitled to future releases and upgrades whether of a "minor" or major" nature, of PCI
Software for no additional cost beyond the Support and Maintenance fees delineated in Exhibit A.
1.1.5 Solution Longevity
PCI certifies the System prescribed herein will remain available and supported for a minimum of five (5)
years from the time the contract is signed and that any material changes to PCI's company or products
will not affect the City's implementation or support.
1.1.6 Successor Software Products
In the event PCI makes available successor PCI software products (e.g., software products based on a new
technical architecture) ( "Successor Products ") with substantially similar functionality to the PCI Software
licensed by City within ten (10) years of contract signing, City may transfer the Software to the Successor
Products, for no additional PCI license fees. In such event, City shall pay the then - current Software
Support and Maintenance fees for the Successor Products, in addition to any services and /or third party
fees associated with the Successor Products.
1.2 Source Code
PCI shall secure all PCI source code for Software described herein, including fixes releases, features
release and version releases (collectively, the "Source Code "), within its safety deposit box at the
corporate bank. The Source Code will be made available to the City should PCI become unable to, or
otherwise fail to maintain the Software during the Warranty period, any extension thereof, or if PCI
decides to stop support of the System in whole or part, or PCI becomes bankrupt. All updated code will
be delivered to the bank or escrow agency in a timely manner with any releases and
enhancements. PCI agrees to provide the source code to an escrow agency, at the City's expense, if
desired, at the City's option at any time.
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PCI License Agreement for myRevenueCollector . Corpus Christi
1.2.1 Possession
PCI will release the Source Code to the City from storage in the event PCI becomes unable to, or
otherwise fails to maintain the Software during the Warranty period, any extension thereof, or if PCI
decides to stop support of the System in whole or part, or PCI becomes bankrupt. In the event PCI
releases the Source Code to the City:
1.2.1.1 The City accepts full and total responsibility for the safe keeping of the Source Code. The
City agrees that such Source Code shall be subject to the restrictions of transfer, sale, and
reproduction placed on the Software in Sub- paragraph 1.2.2.
1.2.1.2 The City agrees to only use the PCI Source Code related to applications licensed to the City by
this Agreement.
1.2.1.3 No license under any trademark, patent, copyright, or any other intellectual property right,
is either granted or implied by the disclosure of the Source Code to the City. PCI's
disclosure of the Source Code to the City shall not constitute any additional
representation, warranty, assurance, guarantee, or inducement by PCI to the City of any
kind.
1.2.1.4 PCI will not be responsible for maintaining the Source Code. PCI will not be liable for any
consequences related to the use of Source Code modified by the City except to the extent PCI
would otherwise be liable for any consequence related to the use of the Software under
this Agreement. PCI will, however, provide all system documentation and a list of all tools
required for the City to make productive use of the Source Code.
1.2.1.5 The City agrees that any unauthorized release of the Source Code will cause irreparable harm
to PCI. Therefore, the City agrees to take adequate precautions to protect against the
mishandling, misuse, or theft of the Source Code by the City, its employees, former employees,
agents, and third -party associates.
1.3 Maintenance and Support Services
1.3.1 Software and Help Desk Support Services
PCI shall provide PCI software and Help Desk support services necessary to keep the System in
compliance with the Warranty and subsequent Warranty Extensions as described in the
Maintenance and Support Services (Exhibit C). The City will be charged for the initial
period of Maintenance and Support Services as described in Exhibit A and Exhibit B. The
cost for Maintenance and Support Services shall not be increased during the first three years of
the Agreement. Thereafter, annual cost increases for Maintenance and Support Services, if
any, from the previous year shall be capped at a rate equal to no more than 3% or the CPI -W
for the South region, whichever is less, for as long as annual Maintenance and Support Services
are provided by PCI and the license agreement between the City and PCI is in effect. The City
shall be billed for annual Maintenance and Support Services beginning on the date of final
execution of this License Agreement.
1.3.2 Annual System Assessment
The City, with the assistance of PCI staff, shall conduct an assessment of the System at a
mutually agreeable time, to determine if upgrades are required to maintain the
Performance Standard (Annual Review).
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PCI License Agreement for myRevenueCollector Corpus Christi
1.4 New Services and Products
From the effective date of this Agreement the City may elect to have PCI perform services that are not
specifically described in this Section or in Exhibit A hereto or in the City of Corpus Christi -Infor
Statement of Work but that are related to the Services (the "New Services "), in which event PCI shall
perform such New Services at the then current PCI billing rate for such services. PCI shall commence
performing the applicable New Services promptly upon receipt of written notice from the City Project
Manager.
1.5 Cooperation with ERP Vendor
PCI hereby acknowledges that the City is planning on implementing an ERP system and that the System must
work in conjunction with the ERP system. The parties acknowledge that there are significant interrelationships
between the System and the ERP system and that close coordination will be necessary between the City,
PCI, and the City's ERP contractors in order to provide the necessary integration between the ERP system and
the System. PCI shall cooperate fully with the City and its ERP contractors to achieve the aforementioned
integration, including but not limited to participating in joint planning meetings, conducting technical
assessments of integration points, and implementing interfaces.
PCI hereby acknowledges that the City intends to enter into an agreement with Infor, an ERP system
provider, for a new ERP system. As such, PCI shall cooperate fully with the City and Infor in providing
professional services in connection with the System as a subcontractor to Infor. Specifically, PCI must be
available to Infor to answer questions and ¢provide installation and guidance during the initial setup
phase.
The System will be hosted by Infor. As such, PCI agrees to cooperate with Infor in implementing hosting
services to ensure the interoperability between System and the ERP.
1.6 Change Orders
Additional Products and Services will be treated as Changes to this Agreement. PCI shall provide
New Services and Products at the then current rate and in accordance with Terms of Payment and,
New Services Sections below..
If the City requires the performance of Services (other than New Services) that are not then being
performed, or requires a change to the existing Services, the City's Project Manager shall deliver to PCI's
Project Manager a Change Order specifying the proposed work with sufficient detail to enable PCI to
evaluate it. PCI shall, within ten (10) business days, or longer as may be mutually agreed between the
parties, following the date of receipt of such Change Order, provide the City with an evaluation of the
Change Order and a written proposal containing the following: a detailed description of Services
being provided; specifications (if applicable); implementation plans, with an implementation schedule
which will be mutually agreed between PCI and the City; the timeframe for performance; acceptance
criteria; and for New Services, the estimated price for such performance based on the applicable
charges set forth in this Agreement.
All Change Orders shall be governed by the terms and conditions of this Agreement, including the
hourly rates for consulting services, unless mutually agreed otherwise. Within the reasonable timeframe
specified in PCI's proposal, which timeframe shall not be less than ten (10) business days from the
Project Manager's receipt of such Change Order (the "Response Period "), the City's Purchasing Agent
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PCI License Agreement for myRevenueCollector Corpus Christi
shall notify PCI in writing if the City elects to proceed with the Change Order (the "Proceed Order"). If,
within the Response Period, the City gives notice to PCI not to proceed, or fails to give any notice to
PCI, the Change Order shall be deemed withdrawn and P-CI shall take no further action with respect to
it.
If the Change Order does not impact the total fees payable under this Agreement or change the terms
and conditions of this Agreement, PCI shall commence performing the Services described in the Change
Order upon receipt of the Proceed Order. If the Change Order does impact the total fees payable
under this Agreement or change the terms and conditions of this Agreement, PCI shall promptly
commence performing the Services described in the Change Order upon: (i) the City delivering to PCI a
Proceed Order during the Response Period, and (ii) the City Project Manager's approval of the
applicable Change Order and such Change Order being executed by the authorized representatives of
the parties as an amendment to this Agreement. A Change Order shall not become binding upon the
City and the City shall not be obligated to pay PCI for any Services performed pursuant to a Change
Order, unless and until the Change Order related to such Proceed Order is approved by the City in
accordance with the procedures outlined by this paragraph.
2. TERM
2.1 Term of Software License
2.1.1 Granting of License
The license granted under this Agreement shall remain -in effect perpetually unless otherwise
terminated under this Section.
2.1.2 Terminating Software License
The City may terminate the Software license at any time upon thirty (30) days written notice
to PCI, subject to subsection 2.1.4 and 2.1.5 below. The City may terminate any Services or
Maintenance and Support services that are incorporated into this Agreement without
terminating the Software license under this Agreement.
2.1.3 Material Breaches of Agreement
If either party materially breachesthis Agreement, the other party may give written notice of
its desire to terminate and the specific grounds for termination and, if such default is
capable of cure and the party in default fails to cure the default within thirty (30) days of the
notice, the other party may terminate this Agreement. If such default is incapable of cure,
the other party may terminate this Agreement immediately upon written notice of its desire
to terminate.
2.1.4 Termination and Other Remedies
Termination of this Agreement, or any portion of it, shall not limit either party from
pursuing other remedies available to it, including injunctive relief.
2.1.5 License Revoked Upon Termination
Upon termination, the license to use the Software shall be immediately revoked and all
licensed Software Products and supporting materials will be returned to PCI within thirty
(30) days or destroyed and an affidavit supplied to PCI certifying destruction.
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PCI License Agreement for myRevenueCollector Corpus Christi
2.2 Term of Implementation Services
This Agreement shall commence on the date of its execution and shall continue and be in full force
and effect until terminated in accordance with the provisions of this Agreement. The exact nature and
expected duration of specific Implementation Services rendered will be described in a Statement
of Work agreed to by-the parties and incorporated into this Agreement.
2.3 Term of Maintenance and Support Services
Maintenance and Support shall be effective as of the date of execution of this Agreement and shall
extend throughout the Initial Warranty period and subsequent Warranty Extensions, unless terminated
as provided for herein.
2.4 Survival
Upon termination of this Agreement, the provisions hereof, which by their express terms survive
termination, including those set forth in Section 13, Survival, shall remain in full force and effect.
3. TEST CRITERIA
Unless otherwise specifically provided in any documentation provided to the City, the test for each
Software component of the System shall include testing to the City's reasonable satisfaction of the
following: (a) unit testing (i.e., individual testing of each field, screen, screen - related action, and
module /program); (b) System testing (i.e., testing of the System as a whole and its integration
with other the City systems); and (c) volume /stress testing (i.e., testing of the System under peak
conditions to measure response time and System reaction to load).
3.1 Failure of Testing
If after testing the Software components or the System, the Software components or the System do not
function in a manner that is consistent with the standards identified in the Acceptance Test Plan,
Functional Specifications or other written documentation provided to the City by PCI that describes
the anticipated performance of the System, the City shall have the option, upon notice to PCI to:
• Terminate this Agreement, in accordance with the provisions of Section 12; or
• Accept the System at its then level of performance; or
Permit the Live Testing to be further extended for such period as mutually agreed upon by the
Parties in writing; or
• Accept those. portions of the System which pass the acceptance criteria and require PCI to correct
the remaining portions, in which event the City shall not be liable for any payments associated with
the implementation of such remaining portions until they have been accepted; or
• Pursue such remedies as may be available to the City at law or in equity.
Final Acceptance of the System by the City will not release PCI from complying with the
warranties and maintenance requirements set forth herein.
4. PERFORMANCE STANDARD
The Performance Standard and the Response Time Standard set forth below shall apply to the System
and any subsequent Fixes Releases, Features Releases, and Version Releases. For purpose of
determining whether the System meets the Performance Standard and the Response Time Standard,
the performance of the System shall be judged on the basis of the following assumptions: (a) no
more than ten (10) concurrent users will use the System at a given time, (b) scheduled downtime,
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PCI License Agreement for myRevenueCollector Corpus Christi
external interface failures, hardware failures and network outages not caused by the System will not be
taken into account, (c) the System will be installed using the hardware in accordance with PCI's
recommended hardware configuration, and (d) such hardware will run the System and will operate in a
production network environment, using industry standard network traffic monitoring devices /tools,
for the purposes of determining the System's compliance with the Response Time Standard and
Performance Standard.
In the case that the System does not meet the Performance Standard and the Response Time
Standard, the parties shall then move the System to an environment where in the hardware
(provided by the City in accordance with PCI's recommended hardware configuration) shall run only the
System and shall operate in a stand -alone network environment. The .parties shall then use this isolated
environment to make a final determination as to the System's compliance with the Performance
Standard and the Response Time Standard. In the case that the System continues to not meet the
Performance Standard and the Response Time Standard, PCI will revise its recommended hardware
configuration and procure any additional hardware and software required to meet the recommended
hardware configuration at PCI's expense.
4.1 Response Time Standard
The System shall be fully operational and available for use by the City ninety -nine and nine tenths
percent (99.9 %) of the time. Response Time Standard
a. Add and Update Performance Criteria, —The System shall perform in a three (3) second or less
response time, on add or update of a single database record, ninety percent (90 %) of the time
or better.
b. Search Performance Criteria —The System shall perform within five (5) seconds or less response time,
on key search items as set forth in the Acceptance Test Plan, ninety percent (90 %) of the time
or better. The performance of batch and or background processes, maintenance and the
installation of an additional module shall not adversely affect the System performance.
5. ACCEPTANCE
5.1 Acceptance Test Plan
PCI, with input from the City, shall develop an Acceptance Test Plan ( "ATP ") for the System.
5.2 Software Component Conditivnal.Acceptance
Upon PCI's notification to the City that PCI has completed the installation of a Software
Component(s) and that such Software Component(s) are ready for testing, the City shall begin testing
such Software Component(s) in a non- production environment using the test procedures and standards
contained in the ATP, or such other standards as are mutually agreed upon in writing ( "Acceptance
Test Procedures "), to determine whether each Software Component meets in all material respects, the
applicable Specifications and acceptance criteria set forth in the Agreement, the Exhibits, or such
other criteria as are mutually agreed upon in writing ( "User Acceptance Testing "). After the City has
completed the User Acceptance Testing for a Software Component and has operated such Software
Component for up to ten (10) calendar days in accordance with the Specifications, the City shall
notify PCI in writing that "Conditional Acceptance" of such Software Component (or the entire
System, as the case may be) has occurred. If the City determines that a Software Component, or the
System as a whole, does not perform as provided for in this Agreement, the City shall deliver to PCI a
report describing the discrepancies. PCI shall correct the errors or defects within fifteen (15)
calendar days after receiving such report, and the City may re -test the Software Components and the
System for an additional test period of up to ten (10) calendar days, at the end of which the process
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PCI License Agreement for myRevenueCollector Corpus Christi
described above in this Section shall be repeated. This procedure shall continue until Conditional
Acceptance of the Software Components, or Acceptance of the System, as the case may be.
5.3 Software Component Acceptance
Once Conditional Acceptance of the Software Component(s) necessary to begin Productive Use of the
System, the City shall begin using the Software Components for Productive Use. Once the City has
used the Software Components in a production environment for a sufficient time to test all
functions of the Software Components in an integrated environment ( "Live Testing "), which period of
time for Live Testing shall be no more than thirty (30) consecutive calendar days after the Go Live Date
of the Software Component (as described in Exhibit A), and has determined that: (i) there have been no
material errors, (ii) the Software Component performs as warranted in this Agreement, and (iii) all
training Services required hereunder, and other Services described in Exhibit A, have been completed, the
City shall notify PCI in writing of its "Software Component Acceptance" of the relevant Software
Component. In no event shall any other action or inaction by the City, including the City's use of the
System, in a live, operational environment, constitute "Acceptance" of any portion of the System.
Notwithstanding anything to the contrary contained herein, in no event shall Software Component
Acceptance be deemed a waiver of any right or remedy available to the City, under this Agreement, at
law, or in equity as a result of any defect in a component or deliverable not discovered by the City
during the User Acceptance Testing or Live Testing periods.
5.4 System Acceptance
Once Conditional Acceptance of all Software Components of the System has occurred, the City shall
begin using the System for Productive Use. Once the City has used the System in a production
environment for a sufficient time to Live Test all functions of the System in an integrated
environment, which period of time for Live Testing shall be no more than thirty (30) consecutive
calendar days after the m u t u a l l y agreed upon Go Live Date of the System, and has determined
that. (i) there have been no material errors, (ii) the System performs as warranted in this
Agreement, and (iii) all training Services required hereunder and other Services described in Exhibit
A have been completed, the City shall notify PCI in writing of its "System Acceptance" of the System.
In no event shall any other action or inaction by the City, including the City's use of the System, or any
portion thereof, in a live, operational environment, constitute "Acceptance" of any portion of the
System. Notwithstanding anything to the contrary contained herein, in no event shall System
Acceptance be deemed a waiver of any right or remedy available to the City, under this Agreement, at
law, or in equity as a result of any defect in a component or deliverable not discovered by the City,
during the User Acceptance Testing or Live Testing periods.
5.5 System Acceptance Checkpoint
If after 30 days of Live Testing for the purpose of establishing System Acceptance, the City has
determined that the System is meeting the criteria of a successful Live Test, as established in Section
6.4, the "System Acceptance Checkpoint" shall have been reached. The City shall notify PC] of
attainment of the "System Acceptance Checkpoint" in writing.
5.6 Correction of Errors during Live Testing
In the event that the System does not meet the Performance Standard or Specifications during the Live
Testing period, PCI shall have fifteen (15) calendar days in which to correct, modify or improve the
System to meet the applicable criteria. Thereafter, the performance period shall be extended by fifteen
(15) calendar days. If the Performance Standard and /or Specifications are not attained during the Live
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PCI License Agreement for myRevenueCollector Corpus Christi
Testing Period, after a maximum of one hundred and eighty (180) calendar days, the City may
pursue remedies as set forth in this Agreement.
5.7 Acceptance of Non - Software Deliverables
The City will review, approve and provide written sign -off for all Non - Software Deliverables
(e.g., plans, documents) in the following way:
The PCI Project Manager will review "drafts" of each Deliverable with the City Project Manager or
designee prior to formal submittal of each Deliverable.
The City resource will identify in writing any required changes, deficiencies, and /or additions
necessary within seven (7) business days of receipt of each draft Deliverable. For the purposes of this
section, business days do not include City holidays. A period greater than seven (7) business days
will be allowed upon mutual agreement of the parties.
PCI will revise each Deliverable based on feedback from the City and submit a final version of the
Deliverable for review and sign -off from the City Project Manager. The City Project Manager will
identify in writing any required changes, deficiencies, and /or additions necessary within five (5)
business days of receipt of the final version of each Deliverable. A period greater than five (5) business
days will be allowed upon mutual agreement of the parties.
Upon acceptance of the final Deliverable, the City Project Manager will sign a Deliverable
Acceptance form and shall return it to the PCI Project Manager. For final Deliverables that are rejected
by the City PCI shall re- perform the Services and resubmit the Deliverable for review in accordance with
the procedures outlined in this section (including the 5 day review period).
Notification of the lack of action on the acceptance of a Deliverable (no signed acceptance or no
notification of required changes, deficiencies, and /or additions) will be reported in writing to the City
Project Manager by the PCI Project Manager at the end of the review period following delivery. The
period may then be extended for two business days at the City Project Manager's request. In the event
that the PCI Project Manager does not receive written comments or a signed Deliverable Acceptance
form within the extended period, the Deliverable will be considered accepted.
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PCT License Agreement for myRevenueCollector Corpus Christi
6. PERSONNEL
6.1 Project Mangers
Each party will endeavor in good faith to maintain one person in the Project Manager capacity
during the term of this Agreement. Each party will also endeavor in good faith to maintain the same Key
Personnel during the term of this Agreement. For the purposes of this Agreement, PCI's Key
Personnel include the Project Manager, Project Consultant, Business Analyst /Designer, and RCS
Lead. PCI's Project Manager will have the overall responsibility for the Services until the completion of
Services as provided for under the Statement of Work, and will be the City's primary contact person.
If the City determines in good faith that PCI's Project Manager or any other Key Personnel are not
qualified to fulfill the responsibilities of his or her position, as defined in the Statement of Work, PCI
shall substitute such individual with a qualified replacement subject to the City's approval. PCI will
not reassign or replace its Project Manager or any Key Personnel, except for extenuating circumstances.
Should PCI's Project Manager or any PCI Key Personnel leave the employ of the party during the
term of this Agreement, PCI will make a good faith effort to present to the other party an individual
with equal or greater qualifications as a replacement subject to the other party's approval, which
will not unreasonably be withheld.
6.2 Client Review of Resumes
The City has the right to inspect the resume of and interview any PCI proposed Key Personnel
prior to that key personnel's participation on the project. if the City determines, in good faith, that any
of the proposed PCI Key Personnel are not qualified then PCI shall submit a different candidate for
consideration.
6.3 Background Checks
PCI expressly agrees that all PCI personnel assigned to the Project may be subject to a background
investigation conducted by the City prior to such staff reporting for work at the City's sites. Any PCI
personnel having been convicted of a Felony or Class I or II Misdemeanor shall be denied access to the
sites and to the City's information.
6.4 Drug -Free Workplace
The City is a drug -free workplace and as a condition of continued service on the Agreement,
the City may require any PCI personnel doing work at the City's site to submit to an alcohol and drug test
at any time.
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PCI License Agreement for myRevenueCollector Corpus Christi
6.5 PCI Personnel Permanency
The City considers a suitable working relationship to be a product of several factors, not the least of
which is the presumption of permanency of PCI personnel for the duration of the work effort. It is
anticipated that PCI will provide a stable work force and limit disruptive personnel changes. PCI's
Key Personnel should not be removed from the project except for circumstances beyond PCI control
or as otherwise requested by the City. Replacement personnel shall be identified using the same
guidelines established for the initial PC] Project personnel as described above and must be approved
by the City. PCI agrees to provide turnover and knowledge transfer from one person to the other in
the event of the removal of personnel and to make no charge to the City for the time associated with
such turnover and knowledge transfer (up to an 80 hour transition period for the Project Manager,
and up to 40 hours for other Key Personnel). PC] shall keep the City advised on a current basis as to
the availability of personnel to perform work.
7. INDEMNIFICATION
7.1 Infringement
PCI shall defend and hold harmless the City and its officers, agents and employees from any claim or
proceedings brought against the City and from any costs, damages and expenses which arise as a result
of any claim that is based on an assertion that the City's use of the work products under this Agreement
constitutes an infringement of any United States or foreign patent, copyright or trademark
provided that the City notifies PCI promptly of any such claim or proceeding and gives PCI full and
complete authority, information and assistance to defend such claim or proceeding and further provided
that PCI shall have sole control of the defense of any claim or proceeding and all negotiations for its
compromise or settlement provided that PCI shall consult with the City regarding such defense. In the
event that the work products are finally held to be infringing and its use by the City is enjoined, PCI
shall, at City's election: (1) procure for the City the right to continue use of the work products; (2)
modify or replace the work products so that they become non - infringing; or (3) if procurement of the
right to use or modify or replace cannot be completed by PCI, refund to the City one (1.0) times the
fees paid for the work product. If the City modified the work products in any manner without the
prior written consent of PCI and such modification is determined by a court of competent jurisdiction to
be a contributing cause of the infringement, the City will share proportionately in the cost of the
defense and damages. In the event PCI updates the work products and the City does not have a
current Maintenance Agreement with PCI, PCI shall provide the Modified Work Products to the City at
no charge. PCI shall have no liability hereunder if the infringement would have been avoided by the
City's use of either: i) the most current revision of the work products or ii) the Modified Work
Products, provided that PCI provided the City, with adequate notice that such use was required to avoid
an infringement claim and provided access to such products The foregoing states PCI's entire liability
and the City's exclusive remedy with respect to any claims of infringement of any copyright,
patent, trademark, or any property interest rights by the work products, any part thereof, or use
thereof.
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PCI License Agreement for myRevenucCollector Corpus Christi
7.2 Injury, Property, or Other Damage
PCI shall indemnify, defend, at its expense, and hold harmless the City from and against any and all
claims, demands, judgments, awards, liabilities, losses, damages, and expenses, including reasonable
attorneys' fees, arising out of or relating to bodily injury or death of any person, or to damage to
tangible personal or real property, arising out of or relating to the negligence or willful misconduct
of PCI, its officers, agents and employees in their performance under this Agreement, unless such
injury is caused by the sole negligence or concurrent active negligence of the City, its officers,
employees, or agents. If PCI's negligence combines with the City's active negligence to cause
injury, the parties agree that liability will be apportioned as determined by a court of competent
jurisdiction.
7.3 Third -Party Services
PCI shall indemnify and defend, at its expense, and hold the City harmless from and against any and all
claims, demands, judgments, awards, liabilities, losses, damages, and expenses, including reasonable
attorneys' fees, based on allegations, of non - payment, from PCI's subcontractors arising out of or
related to services performed or products provided by them hereunder.
7.4 Technology
PCI shall indemnify, defend, and hold the City harmless from and against any and all claims, demands,
judgments, awards, liabilities, losses, damages, and expenses, including reasonable attorneys' fees,
arising out of PCI's failure to observe and follow any written requirements or specifications issued by
manufacturers, vendors, or lessors of equipment, software, and other products furnished by the City,
for use by PCI under this Agreement; provided however that (i) the City shall be responsible for
obtaining any consents required or necessary for PCI to use such equipment, software or other products
provided by the City; and (ii) unless such requirements or specifications are already in PCI's possession,
the City shall provide PCI with written copies thereof.
8. OWNERSHIP OF WORK PRODUCT
All inventions, discoveries, Deliverables, intellectual property, technical communications and records
originated or prepared by PCI. pursuant to this Agreement including . papers, charts,. computer
programs, and other Documentation or improvements thereto to the extent that such materials are
described in or required by the Statement of Work (collectively, the "Work Product ") shall be PCI's
or the third party supplier's exclusive property. PCI hereby grants the City unlimited, irrevocable,
world -wide, perpetual, royalty -free non - exclusive rights and licenses to use, modify, reproduce, perform,
release, display create derivative products from and disclose the Work Product, subject to the
confidentiality provisions contained in Section 17 of this Agreement.
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PCI License Agreement for myRevenueCollector Corpus Christi
9. LIMITATION OF LIABILITY AND DISCLAIMERS
Subject to the express provisions and limitations of this Section, the parties intend that each party shall
be liable to the other party for all actual, direct damages incurred as a result of the breaching
party's failure to perform its obligations.
(a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BELOW, THE AGGREGATE CUMULATIVE
LIABILITY OF THE CITY HEREUNDER FOR ALL CLAIMS ARISING UNDER OR RELATING TO
THIS AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR
OTHERWISE) IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO THE AMOUNT OF CHARGES
OWED AND UNPAID FOR SERVICES RENDERED.
(b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION , THE AGGREGATE CUMULATIVE
LIABILITY OF PCI HEREUNDER FOR ALL DAMAGES ARISING UNDER OR RELATING TO THIS
AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE)
IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO -1.5 TIMES THE CONTRACT VALUE. THE
FOREGOING LIMITATION UPON THE AMOUNTS OF PCI'S LIABILITY SHALL NOT APPLY TO: (A) PCT'S
INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT); (B) PCI'S CONFIDENTIALITY
OBLIGATIONS UNDER THIS AGREEMENT); (C) CLAIMS BASED UPON POI'S FAILURE OR REFUSAL TO
CONTINUE SERVICES IN VIOLATION OF SECTION 20; OR (D) ANY DAMAGES FOR BODILY INJURY
(INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY.
THIS LIMIT ALSO APPLIES TO SUBCONTRACTORS OF PCI
(c) NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE OR IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF THE FORM IN WHICH ANY ACTION IS BROUGHT (E.G.,
CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION
AND IN THE CASE OF LIABILITIES BASED UPON: (1) CLAIMS FOR INDEMNIFICATION); OR (2) CLAIMS
WITH RESPECT TO A BREACH OF CONFIDENTIALITY.
(d) NOTWITHSTANDING THE FOREGOING, PCI ACKNOWLEDGES AND AGREES THAT, SUBJECT
TO THE ABOVE LIMITATION ON ACTUAL DAMAGES, THE TYPES OF DAMAGES THAT THE CITY MAY
RECOVER FROM PCI SHALL IN ALL EVENTS INCLUDE ALL ACTUAL DIRECT COSTS AND EXPENSES
PAID OR INCURRED BY THE CITY AS A DIRECT RESULT OF ANY FAILURE BY PCI TO PERFORM ITS
OBLIGATIONS HEREUNDER, INCLUDING ANY ADDITIONAL COSTS INCURRED BY THE CITY TO
OBTAIN REPLACEMENT SERVICES COMPLYING WITH THE TERMS HEREOF AND TO ADDRESS, AND TO
MINIMIZE OR AVOID THE CONSEQUENCES OF, THE BREACH AND THE ADDITIONAL AMOUNT THE
CITY ACTUALLY HAS TO PAY FOR REPLACEMENT SERVICES.
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PCI. License Agreement for rnyRevenueCollector Corpus Christi
10. WARRANTY
10.1 Performed Services
PCI warrants that its Services will be performed consistent with generally accepted industry
standards. PCI further warrants that the modules have been configured as agreed to by the City and
PCI to comply with requirements as set forth in Exhibit E, as may be modified by mutual agreement of the
parties during the pre - implementation project review stage ( "Gap Analysis ").
10.2 Operate in Substantial Conformity with Product Specifications
PCI products are warranted to operate in substantial conformity with product specifications upon System
configuration and certification, during the Initial Warranty period and for any Warranty Extensions that
may be purchased thereafter. In addition, PCI products will materially and substantially include the
functionality listed in the Infor Functional and Technical Requirements designated as a "T" response for
PC] products. Infor Functional Specifications are incorporated by reference and included as Exhibit E to
this agreement. PCI warrants that Services and Products shall be provided in a timely and professional
manner by qualified personnel and that PCI has the right to license the System provided under this
Agreement and that the System does not infringe upon any rights of third parties.
10.3 Meet Requirements Include Exhibits
PCI warrants that the System shall meet the requirements of this Agreement including Exhibits.
10.4 Free of Programming Errors
PCI warrants that the System shall be substantially free from programming errors, viruses, and defects.
10.5 PCI Testing
PCI warrants that the System shall be thoroughly tested by PCI. PCI also warrants that the System
will be compliant with Americans with Disabilities Act.
10.6 Computer Hardware Environment
PCI warrants . that the System shall operate on the computer hardware in accordance with PCI's
recommended hardware configuration.
10.7 Performance Standards
PCI warrants that the System shall meet the Performance Standard and the Response Time Standard as
set forth in Exhibit C of this Agreement for five (5) years from the date of Cutover. After
Cutover, the Performance Standard and the Response Time Standard requirement shall be effective
only in the event that the City makes necessary upgrades based upon the Annual Review of the
System.
10.8 Correction of Nonconformity or Defect
PCI shall not be obligated to correct or otherwise remedy any nonconformity or defect in the System if
the City has made any application software changes to the System without the approval of PCI or if the
City has not reported to PCI the existence and nature of such nonconformity or defect promptly upon
discovery thereof.
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PCI License Agreement for myRevenueCollector Corpus Christi
I
10.3 Fixes, Feature Release and Version !Releases
All Fixes Releases, Features Releases, and Versions Releases, applied to, or installed on, the System
shall be incorporated into the Warranty.
1010 Initial Warranty
The Initial Warranty shall become effective upon the System being put into production use by the City, and
continue as long as Client pays support and maintenance.
10.11 Warranty Extensions
Warranty Extensions shall include Maintenance and Su „pport Services Annual renewals will be
automatic, for o n e - y e a r from the expiration of the initial warranty, unless cancelled by written
notice from the City. PCI agrees that pricing: regarding Warranty Extensions will remain valid, prorated,
and invoiced in advance, to an annual billing cycle.
10.12 System Functionality Warranty
PCI represents and warrants that all PCI - provided System Software configurations,
modifications, customizations, data conversions and interfaces (i) shall function properly and in
accordance with the design document, separately and as a fully integrated system, and (ii) when
operated together will not cause any material delays, defects, or problems with the City and Infor
System Software, subject to any capacity constraints of the City's communications network
environment. PCI further warrants that the System Software functionality that is identified in Exhibit A
as "Fully `Out of the Box',” will be delivered to the City by PCI, to the maximum extent possible,
without modifications to the System Software or the source code, bolt -on programs, or extensive
workarounds. In addition, PCI warrants that the modifications to the System Software performed by
PCI hereunder will not detract from or otherwise interfere with the full functionality of the System
Software as described in the Specifications and Acceptance Criteria.
10.13 Payment Card Industry Standards Warranty
PCI represents and warrants that the Payment Card Industry Standards do not apply to the Software and
Services being provided under this License Agreement.
10.14 Warranty Disclaimer
PCI DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED
HEREUNQER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF PCI.
10.15 Warranty Remedy
For a violation of any of the forgoing warranties, the issue shall be escalated through the PCI help
desk escalation procedures as described in Exhibit C. If the issue cannot be remedied after
completion of the escalation procedures in Exhibit C, then Licensee may pursue any legal
remedies available.
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PCI License Agreement for myRevenueCollector Corpus Christi
11. TERMS OF PAYMENT
11.1 Introduction
Exhibit A sets forth the charges with respect to the Services, which charges the City, shall pay to PCI
subject to PCI's performance of its obligations under this Agreement and the limitations set forth in the
Agreement. The sole consideration for all of the Services and other matters provided by PCI under this
Agreement is set forth in this Exhibit A.
11.2 Pricing
The ERP Implementation Services to be provided by PCI as described in the City of Corpus Christi — Infor
Statement of Work ( "Infor Statement of Work ") will be charged to the City by Infor, on a fixed fee basis,
which includes all PCI travel and all PCI Reimbursable Expenses. "Fixed fee" means that PCI will
perform under the Infor Statement of Work (as may be modified by agreement of the parties) even if
PCI is required to expend more than the number of hours used to determine the cost set forth in the
Infor Statement of Work and will not charge the City for such excess hours or expenses unless
otherwise permitted under this Agreement. Any duly authorized change orders to the Infor
Statement of Work related to the services to be provided by PCI shall be billed at the same
rates in effect at the time of execution of this License Agreement.
In no event will the cost to the City of the Products, including travel and reimbursable expenses and
excluding third party software, exceed the price as set forth in Exhibit A, unless agreed upon in advance
in writing signed by authorized representatives of the parties through the Change Order process outlined
in Section 2 of this Agreement.
Services to be provided by PCI after completion of ERP Implementation Services under a duly
authorized separate statement of work between the City and PCI will be provided at then current
PCI rates in effect .
11.3 Payment
PCI will submit invoices for Products delivered to the City upon execution of the License
Agreement
The City will not be billed or be liable for any charges other than those described and authorized in this
Agreement. The City will pay Infor for Implementation Services actually performed by PCI and for
Reimbursable Expenses actually incurred, which were provided in accordance with the Statement of Work
between City and Infor, for amounts not to exceed fixed fees identified in the Infor Statement of Work..
Documentation of expense items will be made available to the City upon request.
11.4 In voicing
PCI shall issue itemized invoices that reflect delivery of Products. Invoices shall be sent to the City
at P.O. Box 9277, Corpus Christi, Texas 78469 -9277. PCI shall submit such invoices
and detail: (a) the Services performed (e.g., each activity, task, and /or milestone); and (b) with respect
to the New Services, if being billed on a time and materials basis, the number of hours and
corresponding fees attributable to each such person's performance of such Services, and shall be
in the format agreed upon by the parties. The City shall pay all undisputed invoices properly issued
within its normal payment cycle (thirty (30) days from receipt of invoice).
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PCI License Agreement for myRevenueCollector Corpus Christi
12. TERMINATION
The Services to be provided under this Agreement may be terminated in whole or in part, by the City in
accordance with this Section whenever the City determines that such termination is in the best interest
of the City, which termination shall be effective at 11:59 p.m. on the intended date of termination (the
"Termination Date "). Any such termination shall require a minimum of thirty (30) days' written
notice and shall be effected by delivery to PCI of a notice specifying the extent to which provision of
services under the Agreement are terminated, and the date upon which such termination will become
effective (the "Termination Notice "). In the event the City elects to terminate any category of Service
(but not all Services in the aggregate) pursuant to the terms hereof, PCI shall perform its
Disentanglement obligations hereunder to the extent applicable to the Service or Services being
terminated. In the event of all or any partial termination of the Services, PCI shall be entitled to
the unpaid Fees for Services actually rendered up to and including the applicable Termination Date, on
a time and materials basis, at the then current PCI hourly rate for each of the PCI Personnel assigned
to perform such unpaid Services in connection with the undelivered Deliverables that were to be
provided or the tasks to be performed under Exhibit A. In the event of such early termination, the City
and PCI shall negotiate an equitable additional payment to PCI, which shall take into account PCI's cost
of termination of third -party software licenses, and for leases of equipment and real property,
entered into for and on behalf of the City in connection with this Agreement. The City shall also return
any retainages of the Fees for services in connection with previously delivered Deliverables or
completed milestones and PCI shall be entitled to retain any software license fees paid the City . In the
case of any such software license fees being retained by PCI, the City shall continue to enjoy the right to
use the software; provided, however, that PCI shall not be obligated to maintain or support the software.
If within sixty (60) days following the Termination Date, the parties have not agreed upon the amount of
Services rendered as of the Termination Date or the amount of such additional payments, the issue will
be treated as a dispute under this Agreement.
Upon termination, PCI will provide the City with working documents, notes, and data assembled prior to
PCI's receipt of notice, and the City will pay PCI for professional services completed prior to said
notice. PCI will refund software license fees that have been paid to date by the City, provided that
termination is for cause.
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PCI License Agreement for myRevenueCoilector Corpus Christi
12.1 Disentanglement
In connection with any expiration or termination of the Term of this Agreement or of the
provision of any of the Services provided hereunder, PCI shall take all actions necessary to
accomplish a complete and timely transition from PCI to the City, or to any replacement providers
(collectively, the "New Consultant" or "NC ") designated by the City, of the Services being terminated (a
"Disentanglement "), without material impact on the Services or any other Services provided by third
parties. PCI shall cooperate with the City and the NC and otherwise take all steps reasonably
required to assist the City in effecting a complete and timely Disentanglement. PCI shall
provide the City and the NC with all information regarding the Services or as is otherwise needed for
Disentanglement, subject to NC agreeing to maintain the confidentiality of PCI confidential
information. PCI shall provide for the prompt and orderly conclusion of all work, as the City may
direct, including completion or partial completion of projects, Documentation of work in process, and
other measures to assure an orderly transition to the City or the City's NC. PCI shall provide any
additional Disentanglement Services as City reasonably requests for a period of up to one (1) year, on a
time and materials basis, at the then current PCI hourly rate for each PCI Person that is reasonably
required to perform such Disentanglement Services as requested by City.
13. SURVIVAL
The terms of Section S, Indemnification, Section 1.2 Software License, Section 17, Protection and
Security of Confidential Data, and Section 27, General shall survive the termination of this Agreement.
14. INSURANCE
PCI shall procure and maintain, during the performance of this Agreement, Comprehensive General
Liability insurance and Worker's Compensation and Disability coverage for PCI employees where
services are to be performed, and such other insurance coverage insuring against loss or damages
to the City's property and /or personnel caused by PCI activities. PCI shall not commence work under
this Agreement until PCI has obtained all insurance required under this Paragraph and the City has
approved such insurance, nor shall PCI allow any subcontractor to commence work on its
subcontract until all similar insurance required of the subcontractor has been so obtained and
approved. The City will be named on all liability policies as "Additional Named Insured" for the
proposed work. All liability policies will be written in an "occurrence" form unless otherwise
specifically approved by the City.
14.1 Worker's Compensation Insurance and Employer's Liability Insurance
PCI shall take out and maintain during the life of this Agreement the applicable statutory
Workers' Compensation Insurance with an insurance company authorized to write such
insurance in all states covering all its employees, and in the case of any work sublet, PCI shall require
its subcontractors similarly to provide statutory Workers' Compensation Insurance for the latter's
employees. PCI shall take out and maintain during the life of this Agreement, Employer's Liability
Insurance with a limit of $1,000,000 per accident /injury by an insurance company authorized to write
such insurance in all states where PCI will have employees located in the performance of this
Agreement and PCI shall require each of its subcontractors similarly to maintain Employer's Liability
Insurance on its employees.
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PCI License Agreement for myRevenueCollector Corpus Christi
14.2 Public Liability Insurance
14.2.1 PCI shall maintain during the life of this Agreement such Public Liability Insurance as shall
protect it against claims for damages resulting from bodily injury, including wrongful
death, and property damage, which may arise from operations under this Agreement
whether such operations be by itself or by any subcontractor or anyone directly or
indirectly employed by either of them. The minimum acceptable limits of liability to be
provided by such Public Liability Insurance shall be as follows:
a. Bodily Injury Limits:
$1,000,000 Each Person
$2,000,000 Each Occurrence
b. Property Damage Limits:
$ 500,000 Each Occurrence
$1,000,000 Aggregate
14.2.2 The Public Liability Insurance required by the preceding Sub - paragraph 14.2.1 shall include
the following extensions of coverage: the coverage shall be provided under a Commercial
General Liability form of policy or similar thereto.
14.3 Subcontractor's Insurance
PCI shall require each of its subcontractors to take out and maintain during the life of its
subcontract the same insurance coverage required of PCI under Sub - paragraphs 14.1 and 14.2,
including the extensions of coverage required under Sub - paragraph 14.2. Each subcontractor shall
furnish to PCI two (2) copies of a Certificate of Insurance and such Certificate shall contain the same
information required in Sub- paragraph 14.4. PCI shall furnish one (1) copy of the Certificate to the
City.
14.4 Certificate of Insurance
PCI shall furnish the City with a copy of a Certificate of Insurance evidencing policies required in Sub-
paragraphs 14.1, 14.2, and 14.3. Such Certificate of Insurance shall specifically indicate that the Public
Liability Insurance includes all extensions of coverage required in Sub- paragraph 14.2.2. Such
Certificate of Insurance shall specifically state that the insurance company or companies issuing
such insurance policies shall endeavor to give the City at least thirty (30) days written notice in the
event of cancellation of, or material change in, any of the policies. if coverage on said Certificate(s) is
shown to expire prior to completion of all terms of this Agreement, PCI shall furnish a Certificate of
Insurance evidencing renewal of such coverage to the City.
14.5 Insurance Company and Agent
All insurance policies herein required of PCI shall be written by a company duly authorized by Federal
or State law and licensed to do business in the State of and be executed by some agent thereof duly
licensed as an agent in said state.
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PCI License Agreement for myRevenueCollector Corpus Christi
15 PROTECTION AND SECURITY OF CONFIDENTIAL INFORMATION
15.1 Responsibility of Each Party
Each party shall:
(a) Maintain the confidentiality of the Confidential Information of the other party subject to
compliance with Texas Public Information Act;
(b) take steps to minimize the dissemination or copying of the Confidential Information of the
other party except to the extent necessary and appropriate to perform its obligations
under this Agreement;
(c) use the same care to prevent disclosure of the Confidential Information of the other
party to third parties as it employs to avoid disclosure, publication, or dissemination of its
own information of a similar nature, but in no event less than a reasonable standard of care;
(d) use the Confidential Information of the other party solely for the purpose of performing its
obligations under this Agreement;
(e) not acquire any express or implied right or license under any patent, copyright, trade
secret, or other right or assert any lien against Confidential Information of the other party;
(f) promptly return, or provide a copy of, as the requesting party directs, Confidential
Information upon the request of the other party (provided that PCI may retain such
Confidential Information as it requires in order to perform the Services for so long as it is
required to perform such Services); and
(g) use commercially reasonable efforts to inform its employees, agents, and subcontractors
who perform duties with respect to this Agreement about these restrictions.
15.2 Disclosure of Confidential information
Each party may disclose Confidential Information of the other party to its employees, agents, and
subcontractors who have: (i) a need to know such Confidential Information in order to perform their
duties; and (ii) a legal duty to protect the Confidential Information. A party receiving Confidential
Information of the other party assumes full responsibility for the acts or omissions of its
subcontractors and employees with respect to such Confidential Information. Notwithstanding the
foregoing, in no event shall PCI disclose or otherwise reveal any portion of the City's Confidential
Information to any Affiliate of PCI without the City's prior written consent.
15.3 General Security
PCI shall follow all security practices, policies and procedures set forth by the City and will make
every effort to ensure the security of the City's network, systems, and software while performing the
contracted services and work identified in this Agreement.
The connection of any electronic device and /or equipment (including, but not limited to,
computers, personal digital assistants ( "PDA's "), "BlackBerry" devices, smart phones, cellular phones,
routers, and switches) to any device on the City's network infrastructure is prohibited without prior
authorization and must be (where applicable) scanned for viruses, malicious code, worms, etc. by the
City.
All PCI personnel working on -site for any period of time t h a it require the use of their own
personal electronic devices shall have the latest operating system security updates and a generally
accepted anti -virus software installed (where applicable) with the latest updates and virus definitions on
these devices.
The use of any software (e.g., password decoders, network sniffers, ports or security scanners) is
prohibited without prior authorization by the City.
21
PCI License Agreement for myRevenueCollector Corpus Christi
A City issued user -id and password is required for PCI's employee requiring access to the City's network
and systems. A City issued building access card is required for PCI's employees to access City office
spaces. Under no circumstances shall City user -ids and passwords be revealed, released, or
otherwise disseminated to anyone other than those to whom they are assigned. Under no
circumstances shall City building access cards be shared or otherwise disseminated to anyone other
than those to whom they are assigned. PCI will be required to sign the City's security and access policies.
15.4 Clients System Data
PCI agrees to protect the confidentiality of the information maintained by the City and further
warrants that any PCI staff assigned to the Project will not, beyond that necessary for this
Agreement, release, disseminate, copy or otherwise utilize, for any purpose, any other information of
the City without the City's prior written authorization.
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PCI License Agreement for myRevenueCollector
Corpus Christi
16. ASSIGNMENT
Neither party shall assign or transfer this Agreement nor any rights or obligations hereunder.
17. NOTICES
All notices given between parties shall be in writing and shall be considered properly sent by postage
prepaid United States Mail or Country of Origin Mail to the persons identified below:
For: PCI, LLC.
Alastair Main, President
4893 W Waters Ave, Suite E
Tampa, Florida 33634
Additional Information:
Telephone: (813) 885 -7974
Fax: (813) 882 -4577
E -mail: alastair.main @pciusa.com
For: City
Name: Director of Municipal Information Systems
City of Corpus Christi, 1201 Leopard St
Corpus Christi, TX 78401 -2825
Additional Information:
Telephone: (361) 826 -2489
Fax:
E -mail:
23
PCI License Agreement for myRevenueCollector Corpus Christi
18. DISPUTE RESOLUTION
18.1 Left blank
18.2 Project Managers Resolution
In the event of any dispute or disagreement between the parties which does not require immediate
legal relief, whether with respect to the interpretation of any provision of the Agreement, or with
respect to the performance of either party hereto each of the parties will have their respective Project
Managers meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment
to such provision. If a resolution to such dispute does not occur during such meeting or within five (5)
business days thereafter, the parties agree to elevate the dispute to a meeting of the Project Steering
Committee. If a resolution to such dispute does not occur during such meeting or within five (5)
business days thereafter, the parties agree to elevate the dispute to the Vice President level of PCI and
the Director level of the City. .
18.3 No Termination or Suspension of Services
Notwithstanding anything to the contrary contained herein, and even if any problem or other dispute
arises between the parties and regardless of whether or not it requires at any time the use of the
dispute resolution procedures described above, in no event nor for any reason shall PCI interrupt or
suspend or terminate the provision of Services to the City or perform any action that prevents,
impedes, or reduces in any way the provision of Services or the City's ability to conduct its activities,
unless: (i) authority to do so is granted by the City or conferred by a court of competent jurisdiction; or
(ii) the Term of this Agreement has been terminated and PCI has performed its obligations
with respect to a Disentanglement; or (iii) or the City has failed to pay PCI undisputed invoices that
are past due in excess of sixty (60) days after receiving notice from PCI of such delinquency. In the
event that the City fails to make such full payment within said 60 -day period, PCI shall grant to the City
an additional thirty (30) days to render full payment provided that the City requests such additional thirty
(30) days.
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PCI License Agreement for myRevenueCollector Corpus Christi
19. FORCE MAJEURE
Neither party shall be deemed to be in default of any provision of this Agreement or be liable for any
delay, failure in performance, or interruption of service resulting from act of war, act of God, act of civil
or military authority, civil disturbance, or any other cause beyond its reasonable control.
20. INDEPENDENT CONTRACTOR
PCI shall at all times act as an independent contractor in the performance of this Agreement. Neither
PCI nor its employees or agents shall represent themselves to be or be deemed to be employees of
the City.
21. SOLICITATION OF EMPLOYEES PROHIBITED
Unless the other party consents, neither party will solicit, entice, hire, or otherwise interfere with the
employment relationship of the other as a result of work under this Agreement for a period of six (6)
months after final payment for acceptance of the System. Advertising in publications of general
circulation or advertising or solicitation through other public media shall not constitute such prohibited
solicitation.
22. PRIME VENDOR RESPONSIBILITIES
PCI may provide third party software and hardware, which they are authorized to offer, provided it
meets the terms of this Agreement. PCI shall act as the prime vendor for any software or hardware
provided by other suppliers, and shall assume full responsibility for the procurement, warranty,
maintenance, and support of such items. Any such third party software and /or hardware shall be
deemed part of the System. In such case, PCI shall be considered the sole point of contact with
regard to all stipulations, including payment of all charges and the meeting of all terms of this Agreement.
23. NON- APPROPRIATION
It is understood and agreed between the parties that the City shall be bound hereunder only to the
extent that the funds are appropriated and budgeted for the purpose of this Agreement. In the event
no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due
under this Agreement, the City will immediately notify PCI of such occurrence and this Agreement
will terminate on the last day of the fiscal period for which appropriations were received.
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PCI License Agreement for myRevenueCollector Corpus Christi
24 GENERAL
24.1 Applicable Law and Venue
This Agreement is made in and shall be governed by the laws of the State of Texas. In the event of
litigation, venue shall be in the Circuit Court of the City. This provision shall not be construed to
prevent a party from instituting and a party is authorized to institute formal proceedings to avoid the
expiration of any applicable limitation periods.
24.2 Severability
If any provisions of this Agreement are held to be unenforceable, this Agreement shall be
construed without such provisions.
24.3 Waiver
The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to
exercise such right or any other right in the future.
24.4 Changes
This Agreement may be amended only by a written document executed by a duly authorized
representative of each of the parties.
24.5 Taxes
PCI stipulates any taxes, whether specifically identified in this Agreement or not, which are imposed
currently or in the future, by any authority with the power of taxation in connection with the sale of
licensed software, hardware, services and /or maintenance shall be paid by the City. The City
represents it is exempt from federal excise and local taxes and shall provide certificates of exemption
to PCI upon request.
25. DEFINITIONS
"Acceptance" shall have the meaning described in Section 6 of this Agreement. Acceptance may be
further defined as "Conditional Acceptance," "System Acceptance," or "Software Component
Acceptance" as is further described in Section 6.
"Annual Review" shall have the meaning described in Section 1.4.2
"Change" means a change to the scope of the Services.
"Change Order" means a document describing potential or actual changes to the scope of the
Services, as further defined in Section 2 of this Agreement.
"City Project Manager" means the representative of the City designated to oversee the provision of the
Services by PCI on a day -to -day basis.
"Deliverables" means the items identified as "Deliverables" or a "Deliverable Material ".
26
PCI License Agreement for myRevenueCollector Corpus Christi
"Design Document" means a document detailing the changes to be implemented into the
System.
"Documentation" means publications relating to the System, such as reference, user, installation, system
administrator, and technical guides.
"Fees" means the fees payable by the City to PCI hereunder in consideration of PCI's provision of the
Services.
"Features Release" means a major release of Software containing significant product
enhancements and improvements including Fixes Releases since the last Features Release.
"Fixes Release" means a minor release of Software containing primarily error corrections. A Fixes
Release may also contain limited improvements that do not affect the overall structure of the Software.
"Go -Live Date" means the date on which a Software Component or the entire System, as the case
may be, have entered Productive Use
"Initial Warranty" means the initial period of time during which PCI warrants the System and
Deliverables, as is further described in Section 11.
"Live Testing" shall have the meaning described in section 6.
"Maintenance and Support" means various services provided by PCI to the City in support of the City's
on -going use of the System.
"PCI Personnel" means the PCI Project Manager, the Key Personnel, and all employees of PCI, and all
employees of subcontractors of PCI, who are providing the Services at any time during course of this
Agreement. An individual within such description is a "PCI Person." PCI shall make available the
number of PCI Personnel necessary to properly perform PCI's obligations under this Agreement. At
any time, upon the request of the City, PCI shall provide the City with a list of all persons who at such
time are PCI Personnel, which list shall include the positions occupied by each such person.
"PCI Project Manager" means the PCI Person designated to manage the day -to -day provision of the
Services.
"Products" means, collectively, the Hardware, Software, and Third Party Software provided by
PCI and required for implementation of the System.
"Productive Use" means use of the System to run the business of the City.
"Project" means the Services and Products to successfully implement the System in accordance with the
Project Plan.
27
PCI License Agreement for myRevenueCollector Corpus Christi
"Reimbursable Expenses" are reasonable travel, lodging, and meal costs incurred by PCI. The following
points describe Reimbursable Expenses and limitations thereon in more detail:
Airfare will be based on the lowest coach fare available for the date and time of travel, including
change fees if necessary, provided that such airline travel schedule does not create undue
inconvenience to PCI personnel travel schedules, i.e. weekend travel, etc., or extended layovers.
Defining such "inconvenience" for the purposes of expense reimbursement shall rely on the
reasonable, mutual agreement of the parties.
* Travel by vehicle based on the rate set forth in the City Travel Policy.
• Rental car will be based on the lowest rate available, at the arriving airport, for a vehicle that meets
the needs of the person(s) traveling, including fuel. In most cases, a mid -size or smaller car will be
used. However, a larger vehicle may be required based on the number of people traveling and
the equipment that is being carried.
• Lodging will be based on the best available rate for a hotel which provides appropriate facilities for
the person(s) traveling to perform any necessary business related tasks and is readily accessible to the
project's location.
• Meals, i.e. breakfast, lunch and dinner, will be based on normally acceptable costs for residents
of the City and it will exclude alcohol.
• Reasonable parking fees for parking while at the City.
• Reasonable parking fees for parking at the departure airport or transportation fees for travel to
the departure airport.
"Services" means the installation, implementation, integration, configuration, and other services with
respect to the System that PCI is engaged to perform pursuant to this Agreement
"Software" means the licensed programs myRevenueCollector (Revenue Collection System or RCS)
identified in this Agreement.
"Software Component" means a portion of System which will be tested and accepted in
accordance with the procedures described in Section 6 of this Agreement
"Source Code" means the human - readable program instructions in their original form, for the
Software.
"System Acceptance" shall have the meaning described by Section 6.4
"System" means the myRevenueCollector ( "Revenue Collection System" or "RCS ") System described in
the Documentation. The System includes the Software, Third -Party Software, modifications,
configurations, and any custom programming as well as all revisions and customizations to any or all of
the above software which may be required to implement the system.
"Warranty Extension" means an extension of the Initial Warranty Period. The City will be
considered to have a Warranty Extension as long as it receives Maintenance and Support from PCI.
"Work Product" shall have the meaning described in Section 9.1
28
PCI License Agreement for myRevenueCollector
Corpus Christi
WHEREFORE, the parties hereto execute this Agreement by their duly authorized representative or officer.
Date: Aq
&"a"sOT.
ri, rF.
PCI LLC
i
By:
Title: President -fit
Date:
V IXJ3 '0�
$T
29
PCI License Agreement for myRevenueCollector Corpus Christi
Exhibit A - Pricing Proposal
CORPUS CHRISTI, TEXAS
myRevenueCollector from PCI LLC -- INFOR Partner Quote
Prices effective through July 31st, 2013
Software, Annual Support, Upgrades &
Maintenance and Recommended Hardware and
Price per.
Quantity
Total
Software *
Unit
myRevenueCollector.com (RCS)
$6,000 per workstation
$ 6,000
Ten (10) seat
$ 60,000
Centralized Cashiering Software
licenses
myRevenueCollectorcom (RCS)
Interface License(s) with Financials
$ 3,000
Two (2) Interfaces
$ 6,000
Interface with INFOR Financials G/L and AIP
Interfaces, additional Interface Software,
Interface License, Batch;
$ 12,000
None (0) Quoted
$ -0-
- Estimate Minimum Interfaces with Other City Systems
Near Real Time and/or Real Time
- Estimated as one, but any number can be arranged.
Can be Quoted.
SOFTWARE SUBTOTAL
SOFTWARE
$ 66,000
RECOMMENDED CASHIERING HARDWARE AND
SOFTWARE
Check21 Software
See Exhibit B for details
$ 15,000
$ 15,000
Cashiering Hardware
See Exhibit B for details
$ 1
$19,290
RECOMMENDED CASHIERING HARDWARE AND
$34,290
SOFTWARE SUBTOTAL
TOTAL REQUIRED AND RECOMMENDED
$ 100,290
HARDWARE, SOFTWARE, PROFESSIONAL
SERVICES AND TRAVEL
ANNUAL SUPPORT, UPGRADES & MAINTENANCE
ANNUAL
$ 17,520
FOR REQUIRED AND RECOMMENDED SOFTWARE
Note ;F1: bales I axes and/or any other taxes, if applicable, are extra.
Note #2: If recommended Check2l software is not selected, Annual Support will be reduced $3,000
*Professional Services are being provided by PCI in accordance with the City of Corpus Christi — Infor Statement of Work.
30
PCI License Agreement for myRevenueCollector Corpus.Christi
Exhibit B - Recommended Cashiering Hardware and Pricing
Options
City of Corpus Christi
Standard Cashiering Investment Schedule
Hardware Configuration
MagTek Magnetic Stripe Reader:
■ USB 2.0 Interface
■ Off White or Black
$ 110.00 each
Epson TM- H60001Vwith Validation:
$ 795.00 Each
Epson TM- 1160001V Thermal Receipt Printers
• USB 2.0 Interface
Canon CR -50 Check Scanner
10 @ $ 695.00 each
■ With MICR
Epson Cash Drawers
10 1 @ $ 329.00 each
■ Off White or Charcoal
Hardware Sub Total
Canon CR -50 Check Scanner:
$ 695.00 Each
j
• USB 2.0
$ 0.00
(_
• 50 checkslminute
$ 19,290.00
Reimburse Freight Charges
100 imageslminute
$TBD
• OCR reader
Epson EP -127 Cash Drawer
$ 329.00 Each
• Epson Interface
• Incl. Insert Tray
• Lockable Lid
• Under Counter Bracket
• Off White or Black
Hardware Configuration
Hardware
Magnetic Stripe Readers
10 Q$ 110.00 each $ 1,100.00
Epson TM- 1160001V Thermal Receipt Printers
10 @ $ 795.00 each $ 7,950.00
Canon CR -50 Check Scanner
10 @ $ 695.00 each
$ 6,950.00
Epson Cash Drawers
10 1 @ $ 329.00 each
$ 3,290.00
Hardware Sub Total
$ 19,290.00
Hardware installation & Training
Included
$ 0.00
Total Hardware
$ 19,290.00
Reimburse Freight Charges
Freight invoiced at actual cost.
$TBD
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PCI License Agreement for myRevenueCollector Corpus Christi
Hardware Notes:
1. Hardware is quoted in a fashion that identifies complete hardware workstations for all users. Of
course, hardware will be purchased to reflect the actual needs of the workstations as ultimately
configured.
2. Proposed hardware is covered with a one -year parts and labor warranty serviced by mail, unless
stated otherwise. Extended warranty and hardware maintenance pricing options can be
submitted separately.
Check Imaging:
PCI currently supports check imaging via the use of the PCI myRevenueCollector Check Imaging
Module which is included in the Standard Cashiering Investment Schedule and uses the Canon CR-
50 desktop check scanner with a cost of $ 695.00 per unit.
Check 21 (optional or future addition):
Check2l which will perform all of the standard imaging functions and also create an ICL (Image Cash
Letter) file creation. In simplest terms, it creates a folder at the end of a cashiering cycle that the
Jurisdiction picks up (electronically of course) and forwards to the bank (also electronically) thus
reducing the Jurisdiction's need to manually prepare a deposit slip for checks received. For more
information on the benefits of Check21 please visit this site:
http:ll www. federaIreserve .qov /paymentsystems /reacc- fag- check2l htm #l
There is a charge associated with Check2l — $15,000 software license fee (one time) and an
ongoing $3,000 annual maintenance fee.
Check2l requires the use of a Canon CR -50 desktop check scanner with a cost of $ 695.00 per unit.
Payment Terms:
This estimate is valid for 90 days.
100% upon receipt of the hardware order by the City.
Delivery Schedule:
PCI and Client will agree on a mutually acceptable project schedule.
Return Policy:
Should a product outlined above be defective in performance and inoperable, Jurisdiction will receive
full refund of amount paid for such product provided written notice has been given to PCI no later
than thirty (30) days after delivery and that a solution cannot be provided within fifteen (15) business
days after certified receipt of such notice. Returns for reasons other than product defects shall be
subject to a 15% restocking fee.
32
PCI License Agreement for myRevenueCollector Corpus Christi
Exhibit C - Maintenance and Support Services
Terms
Terms used in this Agreement will have the meanings given below:
A) "Documentation"' means the documentation provided by PCI for the Software pursuant to the
License Agreement, and includes Exhibit E to the License Agreement.
B) "Enhancements" means changes or additions to the Software which PCI develops and makes
available at no additional charge to all licensees of the Software who are under then- current
maintenance agreements.
C) "Software incident" means a material deviation of the Software from the Documentation.
D) "License Agreement' means the license agreements specified in the License Agreement
pursuant to which PCI licensed the Software to the City.
E) "Maintenance and Support Period" means the initial term of this Agreement or any subsequent
renewal period. The initial term and each renewal period is a separate Maintenance Period.
The initial Maintenance Period is specified in the Main Contract. Each renewal Maintenance
Period, if any, will be a period of twelve (12) months.
F) "Software" means the software specified in the Main Contract.
System Service Level Agreement (System SLA)
The myRevenuesystem shall be fully operational and available for use by the City users ninety -nine and
nine - tenths (99.9 %) of the time. The following identifies the myRevenuesystem response time
standards that will be maintained.
A) Add and Update Performance Criteria
The system shall perform in a three (3) second or less response time, on add or update of a
single data record, ninety percent (90 %) of the time or better.
B) Search Performance Criteria
The System shall perform within five (5) seconds or less response time, on unique key search
items such as account number or real estate PIN, ninety percent (90 %) of the time or better.
Maintenance and Support
A) PCI Standard Maintenance and Support Services provide the City with new functional or
technical enhancements to the then current installed version of the myRevenuesystem and the
then current myRevenueSystem users.
B) PCI Standard Maintenance and Support services provide the City with access to the PCI help
desk as outlined in the following points:
The PCI support services are provided as a remote service to the City from our PCI
offices.
33
PCI License Agreement for myRevenueCollector Corpus Christi
b. The PCI help desk is available Monday through Friday, excluding PCI observed holidays,
from 7:30 am EST to 7:00 pm EST, with ongoing support via cell phone until 8:00 pm
EST.
c. The PCI support services can be accessed using any of the following methods of
communication:
L Toll -free telephone support at 866.328.8584.
ii. Email support at support @pciusa:com
iii. Customer support web access at http: / /support.pciusa.com using login
credentials provided by PCI to the City.
C) PCI Standard Maintenance and Support Services provide the City with:
a. Software incident corrections to the Software.
b. Software releases periodically to address technical and functional compatibility with
system software and changes to business practices. Documentation updates are
provided as part of each release. Additional Software incident corrections will be
included in releases, as dictated by testing requirements and the magnitude of the
required change.
c. Enhancements to the then current installed version of the myRevenueSystem and the
then current installed myRevenueSystem optional modules may be provided in new
releases of the myRevenueSystem solution and the myRevenueSystem optional
modules.
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PCI License Agreement for myRevenueCollector
Corpus Christi
D) All issues and software incidents will be prioritized according to the following schedule:
Severity
•
Defined as a very minor problem or question that does not affect the
application's function, e.g. the text of a message is worded poorly or
misspelled.
•
Response time to acknowledge issue no more than S business hours after
4 — Minor
notice from the City.
•
Provide resolution within next two releases, includes major releases,
minor releases and patches, of the software and not more than 120
business days after notice from the City, unless otherwise agreed in
writing between PCI and the City.
•
Defined as minor problem that exists with the application but the
majority of the functions are still usable and some circumvention may
be required to provide service, e.g. an infrequently used subcommand
gives an incorrect response.
3 — Standard •
Response time to acknowledge issue no more than S business hours after
notice from the City.
•
Provide resolution within next release, includes major releases, minor
releases and patches, of the software and not more than 60 business days
after notice from the City, unless otherwise agreed in writing between
PCI and the City.
•
Defined as an urgent software system component that has significant
outages and/or failure precluding its successful operation, and possibly
endangering the City's environment.
•
The application may operate but is several restricted, e.g. a frequently
used user exit gives an incorrect response.
•
Response time to acknowledge issue no more than 4 business hours after
notice from the City.
2 — Priority .
Resolution without software fix required within 5 business days after
notice from the City, unless otherwise agreed in writing between PCI
and the City.
•
Resolution with software fix required within 15 business days after
notice from the City unless otherwise agreed in writing between PCI and
the City.
+
Provision of a non - software fix does not relieve PCI of obligation to
provide a software fix.
•
Defined as a critical situation, when the City's production system is
down and the agency is unable to use the application.
•
Response time to acknowledge issue within 2 business hours after notice
from the City.
1 — Critical .
Reproduce and document software defect to development within 4
business hours after notice from the City.
•
Resolution without software fix required within 1 business day after
notice from the City, unless otherwise agreed in writing between PCI
and the City.
35
PCI License Agreement for myRevenueCollector Corpus Christi
PCI solutions depend on 3rd party software applications, i.e. operating
systems, database engines, integration points, etc. in order to function
correctly. Therefore, should one of the 3 rd party software components
be party software components be part or all of the cause of the reported
issue, the 5 business days turn around will no longer be in effect. In
these situations, PCI will:
• Work closely with all 3rd party vendors to remedy the situation in
a timely manner.
• Work with the City to agree the steps necessary to remedy the
situation when 3 rd party vendors are involved.
Provision of a non - software fix does not relieve PCI of obligation to
provide a software fix.
E) The PCI help desk will investigate and correct suspect issues and software incidents at the PCI
offices. During the course of investigating and correcting the suspected issues or software
incidents, the PCI help desk will use the following escalation procedures with all issues and
software incidents:
a. Any incident that cannot be resolved within S PCI help desk business hours from the
date and time of initial receipt of the incident will be escalated to the second line
support team. PCI help desk business hours are defined in Maintenance and Support
section B.b
b. Any incident that cannot be resolved by the second line support team within 16 PCI help
desk business hours from the date and time of receiving the issue or software incident
from the first line support team will be escalated to the PCI development team.
c. Any incident that cannot be resolved by the development team within 8 PCI help desk
business hours from the date and time of receiving the issue or software incident from
the second line support team will be escalated to PCI's senior management for analysis
and determination of resolution.
d. If within 48 PCI help desk business hours of mutually determining between PCI and the
City that all available remote support methods are unable to assist in resolving the issue
or software incident, PCI, at the City's request, will send a support technician onsite to
assist in resolving the reported issue or software incident. All costs, excluding
reasonable travel and other out -of- pocket expenses, for the support technician are
included in the annual software and support agreement cost. All reasonable travel and
out -of- pocket expenses will be billed directly to the City.
F) The City will be charged on an hourly rate at PCI's then - current hourly rates for any issue or
software incident that is attributable to a cause other than the Software as delivered by PCI.
G) If the Software module containing the issue or software incident has been modified by non -PCI
personnel, the City will be charged on a time- and - materials basis at PCI's then - current hourly
rates for analyzing and fixing the software incident in the City's version, and for any Installation
assistance the City of Fairfax requires.
36
PCI License Agreement for myRevenueCollector Corpus Christi
FI) The maintenance and support period will automatically renew at the expiration of the previous
maintenance and support period. PCI will issue the annual maintenance and support renewal
invoice at least thirty (30) calendar days from the expiration of the then - current maintenance
and support period.
1) Annual maintenance and support is available to the City if (i) the City has paid the maintenance
and support fee for all prior Maintenance and Support periods; and (ii) the City incorporates in
the Software all releases, corrections, and Enhancements to the Software that PCI has made
available to the City, no less than two minor software releases prior to current release.
J) All Enhancements and corrections to the Software and Documentation provided by PCI pursuant
to this Agreement will become a part of the Software and Documentation for the purposes of
the License Agreement at the time they are provided to the City and are hereby licensed to the
City as part of the Software and Documentation pursuant to all of the terms and conditions of
the License Agreement.
Payment Terms
A) The City will pay the maintenance fees for the initial Maintenance and Support Period. PCI will
provide the City with an invoice for the maintenance and support fees for each subsequent
Maintenance and Support Period at least thirty (30) calendar days prior to the expiration of the
then- current Maintenance and Support Period. PCI will not be obligated to provide
maintenance and support services in any maintenance and Support Period (including the initial
maintenance and Support Period) unless the maintenance and support fees for the
Maintenance and Support Period have been paid in full.
B) All fees and expenses are to be paid to PCI in United States Dollars, by wire transfer of funds to
an account designated by PCI or by check sent to PCI at 4893 W. Waters Avenue, Suite E, Tampa,
FL 33634. PCI's invoices are due and payable in full within thirty (30) calendar days from the
date the City receives a proper invoice. If the City does not pay an invoice within thirty (30)
calendar days after receipt, PCI may add an interest charge of one percent (1%) per month, if
invoice is not in dispute, this interest will begin to accrue on the thirty -first (31") day after the
City's receipt of PCI's proper invoice and will accumulate on the outstanding balance on non -
disputed invoices on a daily basis until paid in full.
Limitation of Liability
A) If the City should become entitled to claim damages from PCI (including without limitation, for
breach of contract, breach of warranty, negligence or other tort claim), PCI will be liable only for
the amount of the City's actual direct damages, not to exceed (in the aggregate for all claims)
the amounts paid by the City to PCI for the Maintenance and Support Period with respect to
which the claims arise. It is the maximum liability for which PCI and its licensors are collectively
responsible.
B) In no event will PCI or any person or entity involved in the creation, manufacture or distribution
of any Software, services or other materials provided under this Agreement be liable for: (1) any
damages caused by the failure of the City or its affiliates or suppliers to perform their
37
PCI License Agreement for myRevenueCollector Corpus Christi
responsibilities;or (2)) any consequential, special, incidental, indirect, exemplary or punitive
damages, even if PCI has been advised of the possibility of such damages.
C) The foregoing limitations do not apply to the payment of settlements, costs, damages and legal
fees. The limitations of liability set forth in this Section will survive and apply notwithstanding
the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement.
The parties agree that the foregoing limitations will not be deemed to limit any liability to an
extent that would not be permitted under applicable law.
D) The foregoing limitations apply to this Annual Maintenance and Support Agreement.
Law and Disputes
Both PCI and the City agree to comply fully with all relevant export laws and regulations of the United
States to ensure that no information or technical data provided pursuant to this Agreement is exported
or re- exported directly or indirection in violation of law.
General
A) The provisions of this Agreement will be deemed severable, and the unenforceability of any one
or more provisions will not affect the enforceability of any other provisions. In addition, if any
provision of this Agreement, for any reason, is declared to be unenforceable, the parties will
substitute an enforceable provision that, to the maximum extent possible in accordance with
applicable law, preserves the original intentions and economic positions of the parties.
B) No failure or delay by either party in exercising any right, power or remedy will operate as a
waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and
signed by the waiving party. If either party waives any right, power or remedy, such waiver will
not waive any successive or other right, power or remedy the party may have under this
Agreement.
38
PCl License Agreement for myRevenueCollector Corpus Christi
Exhibit D - Recommended Hardware and Software Requirements
Recommended Hardware and Software Requirements
Production Environment — myRevenueCollector
Description
Hardware
Processor
RAM
Disk
Os
NET Framework
Notes
Standard
Desktop
Core i3 2.66 GHz 3r
8 GB or Higher
50 GB or
Windows XP SP 3 or
NET Framework 2.0
MS Word 2002 or Higher
Workstations
Generation or
Higher
Windows 7 (32 bit or 64
SP2 NET Framework
Higher
1 bit)
3.5 SP1
Register
Desktop
Core 13 2.66 GHz 3rd
16 GB or
50 GB or
Windows XP SP 3 or
.NET Framework 2.0
MS Word 2002 or Higher
Workstations
Generation or
Higher
Higher
Windows 7 (32 bit or 64
SP2 NET Framework
MS SQL Express 2005,
Higher
bit)
3.5 SP1
2008 or 2008 R2
Application
Physical Server or
Single Core
4 GB or Higher
100 G8
Windows Server
NET Framework 2.0
Server
Virtualized Server
2.4 GHz or Higher
or Higher
2008 Standard
SP2 NET Framework
Database
Physical Server or
Single 1Core 2.2 GHz
16 GB or Higher
100 GB
Windows Server
NET Framework 2.0
MS SQL Server 2005, 2008
Server
Virtualized Server
or Higher
or Higher
2008 R2 Standard
SP2 NET Framework
or 2008 R2
Additional Environments - myRevenueCollector
Description
Hardware
Processor
RAM
Disk
Os
NET Framework
Notes
User Test
Physical Server or
Single Core 2.4 GHz
4 GB or Higher
100 GB
Windows Server
NET Framework 2.0
Application
Virtualized Server
or Higher
or Higher
2008 Standard
SP2 NET Framework
Server
3.5 SP1
User Test
Physical Server or
Single 8 -Core 2.4
8 GB or Higher
100 GB
Windows Server 2008
.NET Framework 2.0
MS SQL Server 2005,
Database
Virtualized Server
GHz or Higher
or Higher
R2 Standard
SP2 NET Framework
2008 or 2008 R2
Server
3.5 SP1
If using AMD processors then AMD Phenom II X4 3.5 GHz or higher. The use of Celeron or Sempron processor based PCs is strongly discouraged.
Kit
PCI License Agreement for myRevenueCollector Corpus Christi
Exhibit E - PCPs Response to relevant functional requirements of the City
Code
Availability Definition
Y
Functionality is provided out of the box through the completion of a task associated with a routine configurable area that includes, but is
not limited to, user - defined fields, delivered or configurable workflows, alerts or notifications, standard import/export, table driven setups
and standard reports with no changes. These configuration areas will not be affected by a future upgrade. The proposed services include
implementation and training on this functionality, unless specifically excluded in the Statement of Work, as part of the deployment of the
solution.
R
Functionality is provided through reports generated using proposed Reporting Tools.
T
Functionality is provided by proposed third party functionality (i.e., third party is defined as a separate software vendor from the primary
software vendor). The pricing of all third party products that provide this functionality MUST be included in the cost proposal.
M
Functionality is provided through customization to the application, including creation of a new workflow or development of a custom
interface, that may have an impact on fixture upgradability.
F
Functionality is provided through a future release that is to be available within 1 year of the proposal response.
N
Functionality is not provided.
Replace this
text with the primary product names) which satisfy requirements.
4.6 -Cash Receipting
Replace this text with the primary product name(s)
which satisfy requirements.
Objective: Upgrading and centralizing the cash receipting and point -of -sale system to streamline the processing of revenues collected from the
federal, state, individual citizens, and local businesses.
Number
Application Requirements
Priority
Availability
Cost
Required
Product(s)
Comments
1
Daily Processing
NIA
2
Ability to accept multiple payment types including:
-
NIA
3
Cash
H
Y
N/A
4
Checks
H
Y
N/A
S
Credit cards
H
Y
N/A
6
Debit cards
H
Y
NIA
7
Money order
H
Y
NIA
8
Credit memo (internal)
H
Y
NIA
9
ACH
H
Y
N/A
10
EFT
H
Y
N/A
11
Internet e- payments
H
Y
N/A
12
Imported payment file
H
Y
NIA
.I
PCI License Agreement for myRevenueCollector Corpus Christi
13
Other /Miscellaneous
H
Y
NIA
14
Ability to establish unique personnel identification numbers with
H
Y
NIA
authority to perform specific functions.
15
Ability to process workflows for approvals, review, and modification.
H
N
NIA
16
Point -of -Sale (POS) System
NIA
17
Ability to connect Point of sale (POS) terminals to the financial system
H
Y
NIA
within the departments where volume of transactions warrants the use.
18
Ability to accommodate numerous P.O.S. terminals and consolidate all
H
Y
NIA
P.O.S. terminal receipts at day's end.
19
Ability to use extensive on -line inquiry (via the P.O.S. terminal) and
H
Y
NIA
Extensive on-
printout of customer account history and current balances for all
line inquiry
modules to help with lien searches.
capabilities
exist. The
printout of
current
account
history would
be done in the
ERP solution.
20
Ability to sort POS transactions by:
Y
N/A
21
Division/Department
H
Y
NIA
22
Date (or date range)
H
Y
NIA
23
Time (or time range)
H
Y
NIA
24
Transaction/Cash Receipt Type
H
Y
NIA
25
Transaction Amount
H
Y
NIA
26
Clerk ID/Name
H
Y
NIA
27
Any Segment of the GL Account Number
H
Y
NIA
28
Ability to assign multiple operators per drawer /register.
H
Y
NIA
29
Ability to provide multiple drawer functionality.
H
Y
NIA
30
Ability to provide both cash register and cash drawer functions.
H
Y
NIA
41
PCI License Agreement for myRevenueCollector Corpus Christi
31
Ability to accept over - the - counter cash register (i.e., point -of -sale-
terminal) payments from multiple departments distributed around the
City.
H
Y
NIA
32
Ability to accept over - the - counter payments and generate appropriate
credit.
H
Y
NIA
33
Ability to quickly access a menu of receivable types when accepting
payments over - the - counter.
H
Y
NIA
34
Ability to quickly access a menu of charge code types when accepting
payments over - the - counter.
H
Y
NIA
35
Ability to search by charge code /description when entering in a
transaction.
H
Y
NIA
36
Ability to filter the list of AR and charge codes when processing a
payment based on the user's location.
H
Y
NIA
37
Ability to restrict payment to cash only as directed by item alerts.
M
Y
NIA
38
Ability to validate cash by denomination on an individual transaction.
M
Y
NIA
39
Ability to calculate the amount of change due back from amount
tendered.
H
Y
NIA
40
Ability to void all or part of a transaction independent of batch status.
H
Y
NIA
41
Ability to maintain a complete audit trail for all transactions.
H
Y
NIA
42
Ability for cash receipting solution to be certified to Check 21
compliance standards.
M
Y
NIA
43
Ability to interface with electronic deposit software for check
processing.
M
Y
N/A
44
Ability to image checks and associated attachments.
M
Y
NIA
45
Payment and Receipt Processing
N/A
46
Ability to define batch payment creation (electronic Checks, over the
counter, mail, etc.).
M
Y
N/A
47
Ability to include the following information on receipts for individual
transactions:
-
NIA
48
Name of entry clerk
H
Y
N/A
49
Customer Name
H
Y
N/A
50
A/R Account number
H
Y
NIA
42
PCI License Agreement for myRevenueCollector Corpus Christi
51
G/L Account coding
H
Y
NIA
52
Description for the receipt
H
Y
NIA
53
Amount
H
Y
NIA
54
Account Balance
H
Y
NIA
55
Check number (if payment by check)
H
Y
NIA
56
Credit Card Type (Visa, MasterCard, Discover, Diner, etc.)
H
Y
NIA
57
Date
H
Y
NIA
58
Customer ID
H
Y
NIA
59
Location ID
H
Y
NIA
60
Ability to print receipts upon request at any point in time.
H
Y
NIA
61
Ability to process the City's internal payments without actually
entering a payment while not affecting the deposit and updating the
correct ERP module (i.e. permits, utility billing, misc. billing, etc.)
M
Y
NIA
62
Ability to print customer name, customer address and operator on
receipts as well as allow an authorized signature.
H
Y
NIA
63
Ability to print user configurable comments and messages on the
receipt.
H
Y
NIA
64
Ability to require entering of comments on specific user defined
receipt types
H
Y
NIA
65
Ability to track and search receipts by:
-
NIA
66
Department
H
Y
NIA
67
Key Code / CR Type
H
Y
NIA
68
Amount
H
Y
NIA
69
Receipt Number /Document Number
H
Y
NIA
70
Terminal
H
Y
N/A
71
Clerk ID/Name
H
Y
NIA
72
Entry Date
H
Y
N/A
73
Deposit Date
H
Y
N/A
74
Release Date
H
Y
NIA
75
Time of Day
H
Y
NIA
76
Day of Week/Business Day
H
Y
NIA
77
Day of Month
H
Y
NIA
31
PCI License Agreement for myRevenueCollector Corpus Christi
78
Account Receipted
H
Y
NIA
79
Type of Payment
H
Y
NIA
80
Type of Bill
H
Y
NIA
81
Customer /Type
H
Y
NIA
82
Customer (Number/Name)
H
Y
NIA
83
Deposit Reconcilement Location Code
H
Y
NIA
84
Bank Account
H
Y
N/A
85
Batch Number
H
Y
NIA
86
Check Number
H
Y
NIA
87
Credit Card Type (i.e. Visa, MasterCard, Discover, Diner, etc.)
H
Y
NIA
88
Ability to see the full account description when processing a receipt.
H
Y
N/A
89
Ability to have an unlimited number of detail lines per receipt.
H
Y
N/A
90
Ability to take receipts offline in the system when the main system is
non operational (down for maintenance, etc.) and upload after the fact.
H
Y
N/A
91
Ability to specify the order in which receipts are processed against
outstanding receivables with the option of overriding the order. This
would include outstanding receivables across all modules.
M
T
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
92
Ability to prepare online receipts for departments without a point of
sale terminal.
H
Y
N/A
93
Ability to customize detailed customer receipts, including but not
limited to amount owed and received, type of payment, check number,
account number, and transaction number.
H
Y
NIA
94
Ability to designate whether a transaction was post - marked on -time to
remove potential interest and late fees that may be applied to the bill
associated with that payment.
H
Y
N/A
95
Ability to place receipts on "hold" for subsequent release when the
system is online.
M
Y
N/A
96
Ability to release "held" receipts based on user authorization.
M
Y
NIA
..
PCI License Agreement for myRevenueCollector Corpus Christi
97
Ability to define security between users who are allowed to place
M
Y
NIA
receipts on "hold" and those that are allowed to "release" receipts.
98
Ability to assign each transaction a unique receipt number which is
H
Y
NIA
auto - generated by the system.
99
Ability for the receipt numbering system to automatically reset itself
H
M
$2,400.00
NIA
based on the City's defined number of digits per receipt.
100
Ability to have receipt number ranges or receipt number format
L
N
NIA
Current
"masks" to be associated to a department or user.
system
generated
receipt
numbers
provide the
information
necessary to
know who did
the receipt and
where it was
done.
101
Ability to have receipts remain fully editable until the time they are
H
Y
NIA
printed and posted.
102
Ability to associate a receipt with the specific user who created it.
H
Y
NIA
103
Ability to void an unposted'receipt with proper authority.
H
Y
NIA
104
Ability to change the payment/tender type only (cash, check, credit
H
Y
NIA
card, etc.) without voiding a receipt (and no ability to change other
data, such as customer account number).
105
Ability to have 24 hour access to the system for receipt functionality.
H
Y
NIA
106
Ability to use Optical Character Recognition (OCR) or laser barcode
H
Y
NIA
readers for scanning receipted bills.
107
Ability to take payments and recognize revenue even when a
H
Y
NIA
receivable has not been established.
108
Ability to, with proper authorization, have any customer pay any
H
Y
NIA
invoice of another customer (i.e., FEMA reimbursements).
109
Ability to apply a payment to multiple invoices or GIL accounts.
H
Y
NIA
45
PCI License Agreement for myRevenueCollector Corpus Christi
i 10 Ability to accept mail -in payments via multiple batch entry
H Y
NIA
111 Ability to accept partial payments (such as partial credit card and
H Y
NIA
Dependent
check payments) to reduce receivable amounts, and to identify the
upon
related payment amounts.
capabilities of
the Accounts
Receivable
System.
112 Ability to process credit memos.
H Y
NIA
113 Ability to pay multiple bills with a single payment w /description
H Y
NIA
114 Ability to accommodate multiple check/cash payments for single bill
H Y
NIA
115 Ability to endorse /validate multiple checks, bills, and documents
H Y
NIA
within a single transaction
116 Ability to print account number and transaction number on checks
H Y
NIA
receipted
117 Ability to print magnetic inscription of amount receipted on checks
H Y
NIA
Requires
additional
hardware
118 Ability to accept full or partial payments and payments without prior
H Y
NIA
Dependent
bill. Accepts deposits, bonds, etc.
upon
capabilities of
the Accounts
Receivable
System.
119 Ability to support multiple depository bank accounts and create
H Y
NIA
separate bank deposit slips.
120 Ability to key in the following information:
-
NIA
121 Receipt date (defaults to current date)
H Y
NIA
122 User name (drawer)
H Y
NIA
123 Receipt number
H Y
NIA
124 For each line item on the receipt the following information is entered:
H Y
NIA
fund, amount, type (cash, credit card, check, etc.)
125 Receipt total
H Y
NIA
126 Ability to automatically allocate receipts to several accounts.
H Y
NIA
Dependent
upon
,,
City of Corpus Christi, TX - Enterprise Resource Planning System
Cash Receipting
objective: upgrading and centralizing the cash recelptfng and point -of -sale system to streamline the processing of revenues collected from the federal, state, individual citizens, and local businesses.
106
Ability to use DpticaI Character Recognition (OCR) or laser barcode readers for
scanning receipted bills.
H
T
PCI myRevenueCollector
107
Ability to take payments and recognize revenue even when a receivable has not
been established.
H
T
PCI myRevenueCollector
108
Ability to, with proper authorization, have any customer pay any invoice of
another customer (i.e., FEMA reimbursements).
H
T
PCI myRevenueCollector
109
Ability to apply a payment to multiple invoices or G/L accounts.
H
T
PCI myRevenueCollector
110
Ability to accept mail-in payments via multiple batch entry
H
T
PCI myRevenueCollector
111
Ability to accept partial payments (such as partial credit card and check
payments) to reduce receivable amounts, and to identify the related payment
amounts.
H
T
PCI myRevenueCollector
dependent upon capabilities of the
Accounts Receivable system,
112
Ability to process credit memos.
H
T
PCI myRevenueCollector
113
Ability to pay multiple bills with a single paymentw /description
H
T
PCI myRevenueCollector
114
Ability to accommodate multiple check /cash payments forsingle hill
H
T
PCI m RevenueCollector
115
Ability to endorse /validate multiple checks, bills, and documents within a single
transaction
H
T
PCI myRevenueCollector
116
Ability to print account number and transaction number on checks receipted
H
T
PCI myRevenueCollector
117
Ability to print magnetic inscription of amount receipted on checks
H
T
PCI myRevenueCollector
118
Ability to accept full or partial payments and payments without prior bill.
Accepts deposits, bonds, etc.
H
T
PCI myRevenueCollector
{ O f }� >
119
Ability to support multiple depositary bank accounts and create separate bank
deposit slips.
H
T
PCI myRevenueCollector
120
Ability to key in the following Information:
N/A
121
Receipt date (defaults to current date)
H
T
PCI myRevenueCollector
122
User name (drawer)
H
T
PCI myRevenueCollector
123
Receipt number
H
T
PCI myRevenueCollector
124
For each line item on the receipt the following information is entered:
fund, amount, type cash, credit card, check, etc.)
H
T
PQ myRevenueCollector
125
Receipt total
H
T
PCI myRevenueCollector
126
Ability to automatically allocate receipts to several accounts.
H
T
PCI myRevenueCollector
u
127
Ability to enter comments to be used internally) at time of recei t.
H
T
PCI m RevenueCollector
128
Ability to define multiple payment types (i.e., EFT, money order) on the same
transaction.
H
T
PCI myRevenueCollectar
129
Ability to reprint duplicate receipts.
H
T
PCI m RevenueCoAectgr
130
Ability to accept grant /bond revenues for distribution to appropriate accounts.
L
T
PCI myRevenueCollector
131
Ability to receipt, apply and refund performance and other types of bonds.
L
T
PCI myRevenueCollector
132
Ability to provide pre -coded templates for ease of input.
H
T
PCI myRevenueCollector
133
Ability to override who is making the paymentversus the name on the account
when
hen processing a payment.
T
PC] myRevenueCollector
Priority
H - High I M - Medium I L- Low 5 of 10
lo g, J` Availability
Y -Yes I R- Reporting Tool I T -Third Party
M - Modification f F - Future I N - Not Avallable
PCT License Agreement for myRevenueCollector Corpus Christi
47
capabilities of
the Accounts
Receivable
System.
127
Ability to enter comments (to be used internally) at time of receipt.
H
Y
NIA
128
Ability to define multiple payment types (i.e., EFT, money order) on
H
Y
NIA
the same transaction.
129
Ability to reprint duplicate receipts.
H
Y
NIA
130
Ability to accept grant/bond revenues for distribution to appropriate
L
Y
NIA
accounts.
131
Ability to receipt, apply and refund performance and other types of
L
Y
N/A
bonds.
132
Ability to provide pre -coded templates for ease of input.
H
Y
N/A
133
Ability to override who is making the payment versus the name on the
M
Y
NIA
Dependent
account when processing a payment.
upon
capabilities of
the Accounts
Receivable
System.
134
Ability to inquire the lists of pre -coded transaction templates assigned
M
Y
NIA
to each department (i.e. department X receipts against GL account
code Y for the Z transaction).
135
Ability to automatically retrieve account information including amount
H
Y
NIA
Dependent
owed from scanned bills. User only has to "key in" amount paid, if
upon
different from amount owed.
capabilities of
the Accounts
Receivable
System.
136
Ability to prompt user at time of entry /scan that the account being
H
Y
NIA
Dependent
receipted to has had a history of bad checks based on user defined
upon
rules,
capabilities of
the Accounts
Receivable
System.
47
PCI License Agreement for myRevenueCollector Corpus Christi
137
Ability to perform online entry of remittance information by the
H
Y
NIA
department as payment is received, including account distribution.
138
Ability to enter in a cash receipt "on the fly" that does not have pre-
H
Y
NIA
defined codes where the clerk will have to enter in the GL account(s)
manually.
139
Ability to break out sales tax payment based on cash receipt code.
H
Y
NIA
140
Ability to enter a reason code to enter a reason for canceling any
H
M
$1,200.00
NIA
payment.
141
Ability to apply payments in current year for a future year license.
H
Y
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
142
On -Line Payment Processing
NIA
143
System has the ability to process on -line payments made via:
-
NIA
144
Credit Cards / Debit Cards
H
Y
NIA
Requires
additional
third party
hardware and
software
145
Electronic Checks, Electronic Funds Transfer (EFT), Wire Transfers
H
Y
NIA
146
PayPal and other payment providers
H
Y
NIA
Requires
additional
third party
hardware and
software
147
System is capable of processing recurring on -line payments.
M
T
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
48
PCI License Agreement for myRevenueCollector Corpus Christi
148
Ability to perform Electronic Transaction Receipting (includes
M
Y
NIA
Internet E- payments) (in other words, providing a confirmation
number).
149
Deposits
NIA
150
Ability to track and maintain customer draw down accounts / retainers
M
NIA
Dependent
where customer pre -pays (e.g., deposits, escrows, pre -pays, impact
upon
certificates) and as transactions occur /services provided, the balance is
capabilities of
adjusted down.
the Accounts
Receivable
System.
151
Ability to have multiple individual receipts per deposit.
M
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
152
Ability to perform after- the -fact adjustments to deposits wlapprovals.
M
N/A
Dependent
upon
capabilities of
the Accounts
Receivable
System.
153
Ability for Finance to check validity of deposits.
M
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
154
Direct Deposits
NIA
155
Ability to process direct deposits and match them with the relevant
H
NIA
Dependent
customer invoice.
upon
capabilities of
the Accounts
Receivable
System.
..
PCI License Agreement for myRevenucCollector Corpus Christi
156
Ability to cancel any direct deposit payment. H
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
157
Credit Card Processing
NIA
158
Solution conforms to Payment Card Industry (PCI) standards and has H
T
NIA
The
received PA -DSS certification.
recommended
3rd party
credit card
authorization
software is
required to
maintain this
capability as it
will be
responsible
for all credit
card handling
and
authorizations.
159
Ability to generate credit card authorizations. H
Y
NIA
The
recommended
3rd party
credit card
authorization
software is
required to
maintain this
capability as it
will be
responsible
for all credit
card handling
and
50
PCI License Agreement for myRevenueCoIlector Corpus Christi
51
authorizations.
160
Ability to print credit card receipts with authorization number.
H
Y
NIA
161
Ability to support credit card refunds.
H
T
NIA
The
recommended
3rd party
credit card
authorization
software is
required to
maintain this
capability as it
will be
responsible
for all credit
card handling
and
authorizations.
162
Ability to support separate Merchant ID for each physical location for
H
T
NIA
The
accepting credit cards.
recommended
3rd party
credit card
authorization
software is
required to
maintain this
capability as it
will be
responsible
for all credit
card handling
and
51
PCI License Agreement for myRevenueCollector Corpus Christi
52
authorizations.
163 Ability to utilize signature pads (hardware)
M T
NIA
The
recommended
3rd party
credit card
authorization
software is
required to
maintain this
capability as it
will be
responsible
for all credit
card handling
and
authorizations.
164 Closing, Balancing and Depositing
NIA
165 Ability to close registers at the end of the day to a holding area until
H Y
NIA
they are later approved and posted. Summary information is posted to
the G/L with drill down capabilities and -the detail receipt information
posted to the individual modules.
166 Ability to provide detail to support daily closing at the
H Y
NIA
department/cash register level and monthly bank account
reconciliation at the overall level.
167 Ability to balance cash drawers at any point in time.
H Y
NIA
168 Ability to distinguish among cash, check or credit card payment and to
H Y
NIA
provide separate totals at days end to assist in balancing the drawer.
169 Ability to summarize and post daily cash receipts by validated General
H Y
NIA
Ledger account.
52
PCI License Agreement for myRevenueCollector Corpus Christi
170
Ability to assign a department to a batch and change the department on
M
Y
NIA
the batch without closing the batch.
171
Ability for tenders within a batch to have different deposit references
M
Y
NIA
by tender type.
172
Ability to settle batches individually or by selection versus all open
M
Y
NIA
batches.
173
Ability to edit on -line and correct transaction errors prior to posting
H
Y
NIA
with proper authorization.
174
Ability to enter cash count of bills for each denomination for
M
Y
NIA
individual receipt balancing,
175
Ability to balance cash/checks for each receipt prior to release
M
Y
N/A
176
Ability to enter check list for individual receipt balancing.
H
R
NIA
177
Ability to support multiple depository bank accounts and create
H
Y
NIA
separate bank deposit slips.
178
Ability to assign a bank account to a particular transaction code {such
M
Y
NIA
as beach parking permits always deposit to the respective department's
bank account },
179
Ability to print deposit ticket with appropriate deposit reconcilement
M
R
NIA
code.
180
Ability to assign a bank bag number to each deposit slip.
M
M
$2,400.00
NIA
181
Ability to provide end -of -day check list by user detailing each check
M
Y
NIA
included in a deposit.
182
Ability to provide end -of -day cash report for balancing and deposit
H
Y
NIA
purposes.
183
Ability to process NSF checks as a reversal to the original revenue
H
Y
NIA
Dependent
posting.
upon
capabilities of
the Accounts
Receivable
System.
184
Interfaces
NIA
53
PCI License Agreement for myRevenueCollector Corpus Christi
185
Ability to provide Centralized Cashiering functionality that will
-
NIA
receipt payments for the following areas and update the appropriate
receivable accounts in the interfacing systems to include:
186
Misc Billing /AR
H
Y
NIA
Additional
interface costs
may be
required.
187
Utility Billing
H
Y
NIA
Additional
interface costs
may be
required.
188
Permits /Inspections
H
Y
NIA
Additional
interface costs
may be
required.
189
Business License
H
Y
N/A
Additional
interface costs
may be
required.
190
Park Software
H
Y
NIA
Additional
interface costs
may be
required.
191
Ability to update deposit transactions by clerk and transaction type to
M
N
N/A
bank reconciliation feature.
192
Ability to accept overpayments and store a credit balance in the
M
Y
NIA
Dependent
appropriate account /customer record or interface to Accounts Payable
upon
to generate a check for the difference between what was due and what
capabilities of
was paid.
the Accounts
Receivable
System.
193
Ability to establish and use validations from the G/L chart of accounts.
H
Y
N/A
194
Ability to have the G /L, Misc Billing/AR, Cashiering and POS fully
H
Y
N/A
integrated.
54
PCI License Agreement for myRevenueCollector Corpus Christi
195
System integrates with an integrated voice response system to allow
H
Y
NIA
Based on
import of payments via phone.
acceptance. of
an interface
file from the
IVR system.
196
System allows for the import of electronic payment files from various
H
Y
NIA
sources (bank, credit card merchants, etc.)
197
Ability to print an exception report in cash receipts for any electronic
H
Y
NIA
payments that do not match the balance due in the other appropriate
modules (Utility Billing, Misc Billing, Permits, etc.) or if there are
duplicate payments
198
Ability to interface with Utility payments
H
Y
NIA
Additional
interface costs
may be
required.
199
Ability to interface with ACH Payment file
H
Y
NIA
200
Ability to interface with Building Permits and Miscellaneous
H
Y
NIA
Additional
Receivables modules for billing re- inspections
interface costs
may be
required.
201
Reporting
NIA
202
Ability to search on historical cash receipts by any field captured
H
Y
NIA
within the receipt.
203
Ability to create a Daily Receipts Detail Report.
H
Y
NIA
204
Ability to create an aging report of receipts on hold.
H
R
NIA
Dependent
upon
capabilities of
the Accounts
Receivable
System.
205
Ability to create a User/P.O.S. Terminal Productivity Report,
M
R
NIA
showing number of transactions processed per day, by operator, by
P.O. S. terminal, and by transaction type. Shows average time to
process a transaction.
55
PCI License Agreement for myRevenueCollector Corpus Christi
206
Ability to create a Bank Reconciliation Report, listing amounts
H
Y
NIA
Normally a
deposited into each account, and total deposits compared with cash
function of the
receipts for that date.
ERP solution.
207
Ability to create a Bank Totals Report, Showing Bank Code, Bank
H
Y
NIA
Normally a
Number, Bank Name and Address, and Deposit Amount.
function of the
ERP solution.
208
Ability to create a Detailed Receipt Report, Showing Receipt
H
Y
NIA
number, entry date, user name, notes, receipt type, payment method.
Within receipt type, the report shows the GL Note, GL number, bank
code, and amount. Run by department, sorted by payment method.
209
Ability to wildcard search or report on any field captured by the
H
Y
NIA
system.
210
Ability to report based on user defined period -to -date; summary or
H
Y
N/A
detail.
211
Ability to provide a deposit recap report.
H
Y
NIA
212
Ability to create a Revenue Report, by account and/or by department.
H
Y
N/A
Normally a
Shows current period receipts and expenses, monthly budget, YTD
function of the
budget, YTD received, remaining and total budget.
ERP solution.
213
Ability to create an Audit Trail of all receipts and postings for a user-
H
Y
NIA
specified time period. Includes transaction number of each receipt and
G/L transaction.
214
Register Report that will total per register and sort by payment type
H
Y
NIA
(cash, check, credit card, etc.). With the option of printing by batch.