Loading...
HomeMy WebLinkAboutRESOLUTION NO. 2017-57 RESOLUTION NO. 2017-57 A RESOLUTION TO ENTER INTO A CONTRACT WITH DATA TECHNOLOGIES, INC. FOR THE TIME AND ATTENDANCE MODULE WHEREAS, the City of Fairfax desires to have an electronic time card system; and WHEREAS, Data Technologies, Inc. currently supplies many of our software programs; and WHEREAS,the City of Fairfax desires that electronic time card system integrate with our other software systems. NOW, THEREFORE, BE IT RESOLVED, that the City of Fairfax agrees to enter into a contract with Data Technologies, Inc. for the time and attendance module which includes the software, implementation, testing and training, and users for a total initial fee of$4,430.00; and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby directed to certify this resolution of approval and the Mayor and City Clerk are authorized to sign the contract from Data Technologies, Inc. for the time and attendance software. Passed and approved this 13"' day of June, 2017. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS: None N LL�_� Burnell G. Frieden, Mayor ATTEST: g Cyn is Stimson, City Clerk/Treasurer SOFTWARE AGREEM ENT DATATEClINOLOGIES,INC. 147.25 DAYTON CIRCLE SUITE'4 OMAt1A,N13BRASKA 68137 Division and Company: City of Fairfax Attention ofYDepartment: Ms.Cynthia Stimson Street Address: 300 80°i Street Court PO Box 337 City,State,`Lip Code: Fairfax,IA 52228-0337 Contract Preparation Date: 06/05/2017 DATATECHNOLOGIES,ECHNOLOGIES,INC.(hereafter DT),agrees to sell and Customer agrees to purchase the.license to use the soltware computer programs or packages listed in accordance with the following terms and conditions. The progianh(s)or package(s)licensed by Customer will be rel'ened to hereinafter as"program",and includes the annual updates if indicated below as applicable. DESCRIPTION LIANTTTY UNIT PI2[CI GX'hE_1+lUI3D PRTC►? Payroll Time&Attendance* 1 $2,000.00 $2,000.00 Configuration Prior to Install done remotely at the rate of$95.00 an hour(est.6 hours)* Est.6 $95.00 Est.$570.00 Testing and Training will be clone remotely at the rate of$95.00 an hour(est.6 hours)* Est.6 $95.00 Est.$570.00 Actian PSQL,v12.0 Server 32 bit for up to 6 users* 1 $1,290.00 $1,290.00 All Services are billable unless otherwise stated. Implementation Services include both set up services and remote training services. *Note: Pricing for this solution is based on the current capabilities of our design. If you have unique pay policies that require additional development there may be additional charges. Payroll Time&Attendanceis a web based solution. It utilizes the OD1.3C driver provided with.the Actian PSQL,software. Implementation time varies with the unique pay policies observed during installation. SUMMTI'PROGRAM LICENSE:FEL": $2 000_00 I SERVICES&NON-SUMMIT PRODUCTS: $1430.00 == T'O'rAl.INITIAL FEE: $4 430:0.0. Payable As Follows: Oil execution of the Agreement,fifty percent of rte total purchase price $2,215.00 At Shipment,balance of total purchase price(Plus Applicable Sales Tax&Freight) 12 215.00 ANNUAL SUMMIT LICENSE FEE(ALF): $200.00 ANNUAL StJMMII'PRODUCT'SUPPORT AGREEMENT(PSA): $200.00 DURATION OF ALF and PSA:One Year (Firs(,year will be prorated through 12/31,first 90 days free) 1.PAYMENT.Customer shall pay DT remainder of the One Time Program License Fee on delivery of the program. Customer slhall pay DT an Annual Program Update License Fee,if applicable,for each calendar year,or portion thereof-,for the specified duration of the license. 2.GRANT OF LICENSE.DTBrants to Customer a personal,nonassignable,nontransferable and nonexclusive license to use program solely in the conduct of Customer's business, only at the locations designated byy Customer on the final page of this Agreement. Customer acquires only the right to use the program and does not acquire any legal or equitable right of ownership in program. 'I1his Agreement and die Incense granted pursuant hereto may not be mortgaged,pledged,assigned,sub]icensed,leased or otherwise transferred by Customer without prior written consent from DT, 3.'TAXES.In the event that the license herein is or becoines the subject of any tax,assessment tariff,dirty or other tax or assessment,payment of any such tax or assessment shall be the responsibility of Customer and,if D'T is assessed,Customer shall promptly reimburse DT for any payment made. In the event that a waiver or exemption is available to avoid such an assessment,it shall be Customer's responsibility to apply for such waiver and pay the expense thereof 4.MODIFICATION.Customer shall inform DT in writing of any modifications made by Customer to Customer's computer hardware. 5.DELIVERY.The proggrani shall be.delivered on the date specified,provided,however,if delivery is delayed through no fault of DT,the date of delivery shall be extended fora period of tine equal to the period of delay. 6.DUPLICATION,Customer will not permit the pro>ram or related materials to be duplicated or used at any other than the original location or substitute location as provided herein, whether gratuitously or for a valuable consideration,by or for the benefit of any organization,corporation,partnership,business association or individual. 7.PROPRIETARY RIGHTS.Customer recognizes that program system,documentation,manuals and other materials supplied by DT to Customer are subject to the proprietary rights of D`I'. Customer agrees with DT that program documentations and all information or(lata su)pliel by D"I'in machine readable forms are trade secrets of DT and as such are protected by civil and criminal law and by the law ofcopyright and are very valuable to DT'and that hire•use and disclosure must be carefully and continuouslycontrolled.Customer shall not provide or otherwise make available any licensed program orrelated materials,in any form,to any other person without prior written consent from DT. Upon termination of this Agreement,CUSlOIh1eI-shall return program and related documents to DT, SEE REVERSE SIDE FOR ADDITIONAL TERMS AND[,IMITATIONS 8.LIMITED WARRANTY--L.IMITATION AND D►SCLAIMI::;R. I a. DT provides no warranty with respect to software resold by this agreement,which was developed by another manufacturer. Any warranty of the other manufacturer is assigned to Customer. b. With respect to sollware developed by D"T,D'h'represents and warrants that the software is tree from defects and will conform to specifications. DT will replace or correct,at DT's election and sole expense,any defective portion of the software fora period of 90 days. Customer acknowledges that Customer has reviewed the software,and selected the design and quality of the program and agrees that the software is suitable for Customer's purposes and,in particular,Customer has determined that the software specifications are appropriate for operation in the Customer's environment. C. THE FOREGOING_WARRANTY_,IS IN LIEU AL,I..,OTHER WARRANTIES EXPRESS OR IMPLIED,.-INCL.UDING�_B.UT NOT LIMITED"ft)_TH_E IMPLIED WARRANTIES OI;MCRCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. d. IN NO EVENT WILL DT BE L,IABLIi: FOR CONSEOUEN:I'IAL DAMAGES EVEN IF DT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. e. CLJSTOMER'S REMEDIES PROVIDED IN THIS AGRE1:?MENT ARE EXCLUSIVE. 9.NON-WAIVER.No delayy or failure of DT'in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itsell'to constitute a waiverof'such tight or any other rights hereunder. D"f may accept any payments from any person tendering the same without thereby accepting such person as Customer hereunder or waiving any breach of covenant or provision against assignment or transfer by Customer. 10.ASSIGNMENT.D'I'may assign its rights under this Agreement, Customer,upon receiving notice from D'I'of any such assignment,shall abide thereby and make payments as directed. Customer's rights to use program documentation,manuals and other materials supplied by D'I'hereunder shall not be assigned,licensed,or transferred to a successor, affiliate,or any other person,firm,corporation or organization,voluntarily by operation of law,or in any other manner without the prior written consent of DT nor shall Customer permit any other person or organization to use program. 11.SEVERABILITY.If any provision,or portion thereof,of this Agreement is invalid under any applicable statute or rule of law,it is to that extent to be deemed omitted and the remaining terms shall have fill force and effect. 12.BINDING EFFECT. Customer agrees that this Agreement binds the same to Customer and each of its employees,agents,representatives,and associates. 13.APPLICABLE LAW.This Agreement shall be Construed and enforced according to the laws of the State of Nebraska. 14.NOTICE.All notices or communications given or sent to either party,except emergency requests for services,must be in writing and delivered in person or sent by certified mail, return receipt requested,to Customer and DT at their designated addresses or such other addresses as either party shall designate in writing. 15.CUSTOMER'S REMEDIES.Customer's remedies in this Agreement are exclusive. 16. ENTIRE AGRI EMENT AND AMENDMENTS.This Agreement supersedes all proposals,or written,and oral negotiations,conversations,or discussions,heretofore had between the patties related to this Agreement. Customer acknowledges that it has not been induced to enter into this Agreement by any representations orstatements,oral or written, not expressly contained herein. The terms and conditions of this Agreement shall prevail,notwithstanding any variance with the terms and conditions of any order or other instruments submitted by Customer. No agent,employee or representative of DT has any authority to bind DT to any affrrrnation,representations or warranty,and unless such is specifically included within this written Agreement,it shall not be enforceable by Customer. This Agreement may not be waived,altered or modified except by written agreement of the parties. 17.EFFECTIVE DATE.This Agreement shall be effective upon the date set forth below when executed by both parties. I g.TERMINA'ITON.D'I'may terminate the rights ofCustomer under this Agreement in the event of a default by Customer. D'I"s software Inas been designed to cease tiutctioning in the event that theannual license fee is unpaid. Customer acknowledges the existence of this feature in the software and specifically waives any claim for consequential damages, which may result.In the event of default,all unpaid Annual Program Update License fees and any other charges payable for the entire duration of this Ageemcnt shall,upon written notice by DT become due and payable. This remedyshall be in addition to any other remedy lawfully available to DT. In the event of termination by D 1'or by Customer(as herein tn•ovideci)Customer shall return the pro(tanr and all related materials within ten(10)clays,(as provided in paragraph seven),certifying to DT'that all copies or partial copies have been destroyed. Customer shall remain liable for all unpaid charges required to be paid under this Agreement including; unpaid Annual Program Update License tees, notwithstanding such termination. Default in respect to payment shall mean the Customer's failure to pay any amount,which is past due,within ten(10)days after written notice to Customer that the payment is delinquent. Default is further defined to include the Hollowing:an assignment,sale,mortgage,sublease or sublicense of the program by Customer;levy of execution or attachment upon theprole am or any attempt to levy the same;breach of arty proprietary right of DT(as defined by paragraph seven);of Customer's breach of arty of the other,terius or conditions hereof, In the event of breach of default of this Agreement,Customer shall hold DT harmless from all reasonable attorney's fees,costs and interest(at tine highest rate permitted by law)arising by reason of such breach or default,from the date of the default or breach,in addition to other damages. Customer shall have the right to terminate this Agreement upon thirty-(30)clays written notice. In such event,Customer shall be required to return the program and related materials as provided herein and shall be responsible to pay all charb>es required to be pail under this Agreement for the duration of the license. Customer shall not have the right to terminate after Customer is in breach of this contract, DT shall not be required,under any circumstances,to refund any portion of tlrc One Time program License Fee or the Annual Program Update License Fee,already paid. THE PURCHASER ACKNOWLEDGES THAT IT HAS READ T iiIS AGREEMENT,UNDERSTANDS 1T AND AGREES TO BE BOUND 13Y ITSTERMS AND FURTHER AGREESTHATITIS'THECOMPLETE AND EXCL.USIVI STA'l'I;MEN'l'OFI'IIEAGREEMENTBE'TWEEN'I'HEPARTIES WHICHSUPERSEDL:SALL PROPOSALS, ORAL OR WRITTEN AND ALL OTHER COMM UNICA"PIONS BF."I'WEEN TIIF PARTIES RELA"1'1NG'1"0 TElls SLIBJTiC;T MATTER OF THIS AGREEMENT. THIS AGREEMENT entered into this j day of... C _ _._20 PUall ASEIL: � ACCEPTED: DATATECHNOLOGIES,INC. 14225 DAVT'ON CIRCLE SUITE 4 Customer Signature OMAIIA,NEBRASKA.68137 Print Name: �_1�1 ,_` 9 '� -- By: - Title: U Title: Date Accepted:,_.__ SOFTWARE AGRIWIA ENT UA'I'A'I'ECFIN(:)L.00IIS, INC. 14225 DAYTON CIRCLi? SUIT]", 4 OMALIA, NEBRASKA 68137 Division and Company: City of Fairfax Attention of/Department: Ms. Cynthia Stimsoo Street Address: 300 80"' Street Court PO Box 337 City, State, Gip Code: Fairfax, 1A 52228-0337 Contract Preparation Date: 06/05/2017 DATA TECHNOLOGIES, INC. (hereafter DT), agrees to sell and CUSIOmeI' agrees to purchase the license to use the software coulputerprogranns or packages listed in accordance with the following terms and conctitions. The program(s) or packages) licensed by Customer will be ref'ere'ed to hereinafter as "program', and Ineln(ICS the annual Updates if indicated below as applicable. DESCRi1111ON QUANTITY UNIT PItICI, X'L T?NI)1?D PI2TCI Payroll Time & Attendance" t $2,000.00 $2,000.00 Configuration Prior to Install done remotely at the rate of $95.00 an hour (est. 6 hours)* Est. 6 $95.00 List. $570.00 Testing and'fraining will be done remotely at the rate of $95,00 an hour (est. 6 hours)* Est. 6 $95.00 List. $570.00 Actian PSQL v12.0 Server 32 bit for up to 6 users' 1 $1,290.00 $1,290.00 All Services are billable unless otherwise stated. Implementation Sol -vices include both set up services and tomato training services, *Note: Pricing for this solution is based on the current capabilities of our design. If you have unique pay policies that require additional (development there may be additional charges. Payroll Tinto &Attendance is a web based solution. It I161izes the 01) 13C driver provided will). (lie Act ian PSQ L software. lmplenicnlation tithe varies with the unique pay policies observed during installation. SUMMIT PROGRAM LICI3NSF. FI3l : $12000.00 t SERVICES & NON -SUMMIT PRODUCTS: $2,430,00 == TO"I'AI, INITIAL FEE: $4,430.00 Payable As Follows Oil execution of the Agreement, fifty percent of the total purchase price $2,215.00 At Shipment, balance of total purchase price (Plus Applicable Sales "I ax & Freight) S-22.15 .00 ANNUAL SUMMIT LICENSE PEI; (ALF); $200.00 ANNUAL SUMMIT PRODUCT SUPPORT AGREEMENT (PSA): $200.00 DURATION OF ALF and PSA: One Year (First year will be prorated through 12/31, fust 90 days free) 1. PAYMENT. Customer shall pay D•f romainder of the One Time Program License Fee on delivery of llic program. Customer shall pay DT an Annual Program Update License Fee, if applicable, for each calendar year, or portion thereof, tier the specified dilrafion ofthe license. 2. GRAN"T 01' LICENSE. U"T rants to Customer a personal, nonassignable, non(ransferable and nonexclusive license to use prograni solely in tile conduct of Customer'•~ business, only at the locations desig latc�byy Customer on the final page of this Agreement. Customer acquires only the right to use the program anti does not acquire any legal or equitable right of ownership in program. 'lliis Agreement and the license granted pursuant hereto may not be mortgaged, pledged, assigned, sublicensed, leased or otherwise n.•asferred by Customer without prior written consent from DT. 3. 'TAXES. In the event that the license herein is or becomes the subjuct of any nix, assessment tariff, duty or other tax or assessment, payment of any such tax or assessment shall be the responsibility of Customer and, if DT is assessed, Customer shall promptly reinnburse UT for any payment made. In the event that a waiver or exemption is available to avoid such an assessment, it shall be Customer's responsibility to apply for such waiver and pay the expense thereof 4. MODIFICATION. C:us(onner shall inform UT in writing of any modifications made by Customer to Customer's computer hardware. 5. DLiL.IV13RY. The prog[,mi n shall be defivered on the dale specified, provided, however, ifdclivery is ddaye(1 through no fault of l)'1•, the date of deliveryshall be extended fbr a period of time equal to the period of delay. 6. DUPLICA'TiON. Customer will not pernnit the prop -an) or related materials to be duplicated or used at oany other than the original location UI' SUbSUlnfe 10(:x11011 as provided herein, whether gratuitously or for a valuable consideration, �y or for the benefit of any o'l;autzatlion, corporation, partnership, business association or individual. 7. PROPRIF TARY RIGHTS. Customer recognizes that program system, documentation, mtumals and outer materials supplied by DT to Cus(omer are subject to the proprietary rights of DT, Customer agrees wiOil)' f that prograni documentations and all information or data su )plied by DT' in machine readable rot are Ira(le secrets of UT and as such are protected by civil and criminal law and by tile law of copyright and are very valuable to U"I' and that Mor use and disclosure must be carefully asci continuously conholled, Customer shall not provide or otherwise slake available any licensed progi <anl or related materials, in any form, to any other person wifhout prior written consent from DT. Upon teenninalion of this Agreement, Customer shall return prograni and related documents to DT. SEE REVERSE SIDI? FOR ADDITIONAL, TERMS AND LIMITATIONS 8. LIMIT1D WARRANTY-••I..,IMI'I'A'I'fON AND DISCLAIM}?R. a. DT provides no warranty with respect to software.resold by this agreement, which was developed by another rnauutActure.r. Any warranty of the other manufacturer is assigned to Customer. b. With respect to software developed by DT, OF represents and warrants that the software is free from defects and will conform to specifications. DT will replace or correct, at UPS election and sole expense, any defective portion of the soil ware for a period of 90 days, Customer acknowledges that CLislomer has reviewed the software, and selected the design and quality of the program and agrees that the sollwarc is suitable for Customer's purposes and, in particular, Customer lifts determined that the sormare specifications are appropriate for operation in the Customer's environment. c. TI IE POREGOING_WARRANTY IS IN._LIEU,_OF ALL_, OT'III R WARRANTIES I XPRE S OR IMPUED,..INCLUDING BUTNOT_LIMITED TO TI IG IMI'(—IEI� WN2RAN l ILS QI__ML RCIIAN[A[3ILITY AND I_l l NI'SS FOR A PAlt1ICU} AR PtJItPOSC, d. IN NO CVENT_WIL,L, D'1' BFi L.IAL�.LI._FOR CONST OUI3N'I'IAL,DAMA J SEVEN IP_D'1' HAS 13EEN ADVISED OF TME POSSIBILITY OF SUCH DAMAGES. e. CUSTOMERS REKMES PROVIDED IN THIS AG,- H -' EN'r ARL' EXCLUSIVE. 9. NON -WAIVER, No delayy or failure of D 1 m exorcising any right h l-Cmtder and no partial or single exercise (hereof shall be deemed Of itSClfto Constitute a waiverofsuclr rigb( of any other rights hereunder. D'I' may accept any payments from any person tendering the same without thereby accepting such person as Customer hereunder nr waiving any breach of covenant or provision against assignment or transfer by Customer. 10. ASSIGNMENT. D'r may assign its rights under this Agreement, Customer, upon receiving notice from DT of auy such assignment, shall abide thereby and make payments as directed. Cuslaner's rights to use program documentation, mutuals and other materials supplied by l)"1' hereunder shall not be assigned, licensed, or transferred to a successor, affiliate, or any other person, firm, corporation or organization, voluntarily by operation of law, or in any other manner without the prior wri(tcn consent of DT nor shall Customer permit auy odder person or organization to use program. 11. SEVERABILPfY. If any provision, or portion thereof, of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be decried omitted and file remaining terns shall have full force and effect. 12. BINDING EFFECT, Customer agrees that this Agreement binds the same to Customer and each of its employees, agents, representatives, and associates. 13. APPLICABLE LAW. This Agreement shall be construed and enforced according to the laws of the State of Nebraska. 14. NOTICE. All notices or coin mullicati(ns Yiven or sent to either party, except emergency requests for services, must be in writing and delivered in person or sent by certified mail, return receipt requested, to Customer and D' at their designated addresses or such other addresses as either patty shall designate in writing. 15. CUSTOMER'S REMEDIES. Customer's iorne tics in this Agreement are exclusive. 16. ENTIRE AGREEMUNT AND AM ENI:)MENTS. "Chis Agreement supersedes all pro)tosals, or written, and oral negotiations, conversations, or discussions, heretofore had between the parties related to this Agreement. Customer acknowledges that it has not been induced to enter into this Agreement by any representations ors(atements, oral or written, not expressly contained herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance with the terms and conditions of any order or other instruments submitted by Customer. No agent, employee or representative of DT has Lilly authority to bind Uric, any affirmation, representations or warranty, and unless such is specifically included within this written Agreement, it shall not be enfin•cenble by Customer. This Agreement may not be waived, altered or modified except by written agreement of the parties. 17. EFFECTIVE DATE. '[his Agreoment shall be effective upon the date set Ibi th below when executed by both parties. 19. TERM INArION. DT may terminate flu: rights of Custorncr under Ibis Agreement in the event of a default by Customer. DT's software has been do sipmed to case tunctiotting in the event that the annual license fee is unpaid. Customer acknowledges the oxistence of ibis feature in the software and specifically Waives any claim for consequential damages, which luny result. In the event ol'default, all unpaid Annual Program1 Jpdalc License Cues and any other charges payable for the entire chu'alion of this At'ccment shall, ulwn written notice by DT become due and payable, This rented shall be in addition to any other remedy lawfully available to Yr. In the event of termination by D for by Customer (as herein �n'ovidcd) Customer shall return the pro{;ram and all related materials within len (10) clays, (as provoked al paragraph seven), certifying to D'T that all copies or partial copies httvc rren destroyed. Customer shall remain liable for all unpaid charges required to be paid under this Agreement including; Unpaid Annual Prctgrant UJAd e 1Nense fees, notwithstanding such termination. Default in respect to payment shall mean the Customer's failure to pay any amount, which is past due, within tell (10) days after written notice to Customer that the payment is delillquent. Default is I'm Cher detinet} to include the following: an assignment, sale, Mortgage, sublease or sublicense of the '�:trogia all by Customer; levy of execution or attachment upon fileprutnum or an�' attempt to levy the stone; breach of arty propncfary right of D"I' (as defined by paragraph seven); olusRaner's breach o!'airy of lheolhcr terns or conditions hereof. In the event of UCCaCh of deflurlt of Alis Agreement, Customer shall hold DT harmless front all reasonable attorneys ices, costs and interest (at the highest rate permitted by law) arising by reason orsuch breach or default, from the date of the default or breach, in addition to other damages. Customer shall have the oribrht to terminate Atis Agreement upon thirty -(30) clays written notice. In such event, Customer shall be required to return the program and related materials as provided herein and shutI be responsible to pay all char1,es required to be peal under (his Agreement ror the duration of the license. Customer shall not have the right to terminale aftercustomer is in breach ofthis contract. D'I'shall nol be requirod, under any circumstances, to refund any portion of the, Olie 'I'imc Program Lie onse Fee or the Annual Program Update License Fee, already paid. TI IE PURCHASER ACKNO W LEDGES "['HAI' 1T I IAS READ T f IS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND 13Y HS "PERMS AND FURTIi ER AGR}1S'1'llAl'19'IS'CIiECOMPLF`rEAND EXCLUSIVE' STA HMENrOF'1'II1'AGRI?C3h4LN"1'BIiTWI,GNTHE, PARTIES Wil ICI ISUPERSEDES ALL PROPOSALS, ORAL Olt WRIVIT',N AND ALL OTHER COMMUNICATIONS 13r I WEEN'T11I? PARTIHS RPTATING TO TI.11ii SMIJECT MATT ER OF THIS AGREEMENT. THIS AGREEMENT entered into this' _-. day of C_ ___.... 1111 11 20 _ I'UI LASER: ACCEPTED: DATA TECIINOLOGIES, INC. 14225 DAYTON CIRCLE SUITE 4 Customer Signature OMAHA, NEBRASKA 68137 / Print Name.:_ fay' �— 'title: NUv -------- --- – 'Title: Dale Accepted:--- _1...------ and RESOLUTION NO. 2017-57 A RESOLUTION TO ENTER INTO A CONTRACT WITH DATA TECHNOLOGIES, INC. FOR THE TIME AND ATTENDANCE MODULE WHEREAS, the City of Fairfax desires to have an electronic time card system; and WHEREAS, Data Technologies, Inc. currently supplies many of our software programs; WHEREAS, the City of Fairfax desires that electronic time card system integrate with our other software systems. NOW, THEREFORE, BE IT RESOLVED, that the City of Fairfax agrees to enter into a contract with Data Technologies, Inc. for the time and attendance module which includes the software, implementation, testing and training, and users for a total initial fee of $4,430.00; and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby directed to certify this resolution of approval and the Mayor and City Clerk are authorized to sign the contract from Data Technologies, Inc. for the time and attendance software. Passed and approved this 13t" day of June, 2017. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS: None 1 Burnell G. Frieden, Mayor ATTEST: & _ A,���ye ROt r'W i n aia Stimson, City Clerk/Treasurer j''