December 15th - City of Cherryvale

CITY OF CHERRYVALE
___________________________________________________________
MEETING OF THE CITY COUNCIL
REGULAR MEETING
DECEMBER 15TH, 2014
7:00 PM
Working for a better tomorrow… today.
ORDER OF BUSINESS
CALL MEETING TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC FORUM
GOVERNING BODY COMMENTS
Mayor John Wright
Council Member Chad Wickham
Council Member Kevin Crain
Council Member Randy Wagoner
Council Member Lew Forman, Jr.
NEW BUSINESS
A. UTILITY ACCOUNT CHARGE OFFS
Presented by Chris Weiner, City Clerk/Assistant City Administrator
RECOMMENDED ACTION: Approve the charge offs as presented.
B. UTILITY BILLING CYCLE
Presented by Travis Goedken, City Administrator
RECOMMENDED ACTION: Take no action.
C. ACCOUNTING SOFTWARE REQUEST FOR PROPOSALS
Presented by Travis Goedken, City Administrator
RECOMMENDED ACTION: Approve the request for proposals as presented.
D. COMMUNITY CENTER SET OF RULES
Presented by Chris Weiner, City Clerk/Assistant City Administrator
RECOMMENDED ACTION: Take appropriate action.
E. COMMUNITY CENTER ADVISORY BOARD REQUEST TO SEEK
REIMBURSEMENT FOR BASKETBALL GOALS FROM REC COMMISSION
Presented by Chris Weiner, City Clerk/Asst. City Administrator
RECOMMENDED ACTION: Take no action.
F. PAYMENT TO KANSAS MUNICIPAL INSURANCE TRUST OF $32,396.00 FOR
2015 WORKERS’ COMPENSATION INSURANCE PREMIUM
Presented by Chris Weiner, City Clerk/Asst. City Administrator
RECOMMENDED ACTION: Approve the payment.
G. CONSENT AGENDA
Presented by John Wright, Mayor
RECOMMENDED ACTION: Approve the consent agenda as presented.
1. Appropriations Ord. No. 14-1205:
$93,406.44
a. Approval of Purchases over $5,000
i. Community National Bank
$6,246.47
ii. Public Wholesale Water
$24,333.33
2. Consideration of the minutes for December 1st, 2014 Regular Meeting
3. Community Center Advisory Board Appointment of Janet Plumley
4. Cereal Malt Beverage License Renewals
a. Casey’s General Store #1448 – Casey’s Retail Company
b. Cherry Bowl Lanes & Grill – Morris Woldum
c. Cherry Hill Express – Western Plains Operations
d. G&W Foods #741 – G&W Foods, Inc.
e. JP Food & Fuel – Gurpreet Panesar
f. Jumpstart – Western Plains Operations
g. Pizza Hut – Pizza Hut of Southeast Kansas, Inc.
INFORMATIONAL ITEMS
1. Leaf Pickup Schedule
2. Coffeyville Job Fair
3. City Hall Holiday Schedule
ADJOURNMENT
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CITY COUNCIL ACTION REPORT
Proposed Agenda Date: December 15, 2014
Subject: Utility Billing Cycle
Guest: None
Background: At the last meeting during a workshop for discussion of the utility billing
cycle, the mayor asked the council to consider pushing back the penalty date for the
utility bills. No action was taken but I was directed to come back with more research.
Financial Consideration: Moving the penalty date back or forward may increase or
decrease the amount that the City collects in penalty fees. Moving the shutoff date back
or forward will increase or decrease the length of time between the last time water
consumed was paid for and shutoff (meter read date to shutoff date).
Legal Consideration: N/A
Policy Consideration: Changing the current cycle opens the door to other individuals
that may only get paid once a month, but on a different date, to approach council to have
dates changed to accommodate them.
Recommendation: Through the responses received from other Cities, we currently have
the longest billing cycle from meter read date to shutoff (approx. 50 days). Increasing the
time between the meter read date and shutoff results in the potential for writing off more
utility use for those that skip town after having their utilities turned off (approx. 80 days).
My recommendation is to not take any action, however, when we get our new utility
billing software, we could potentially get the bills out sooner. Our current software only
allows for one billing cycle open at a time.
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City
Cherryvale
Marysville
Sedgwick
Oakley
Kiowa
Jetmore
Ellinwood
Lyndon
Peabody
Neodesha
Clearwater
Osawatomie
Mulvane
Rose Hill
Baldwin City
Greensburg
Read Date
10/1
11/1
10/20
10/20*
10/29*
10/10
10/18
11/2
10/15
10/15*
10/19*
10/15*
10/15*
11/4*
10/15
* denotes approximation
Mail Date
10/31
11/8
11/1
10/31
11/6*
10/31
11/1
11/10
10/31
11/1
10/28*
10/31
10/25*
11/1
11/10
10/23
Penalty Date
11/11
11/22
11/21
11/16
11/26
11/15
11/17
11/24
11/16
11/16
11/11
11/16
11/6
11/16
11/26
11/11
Shut Off
11/21
11/28
12/3
11/30
12/5*
11/22
11/26
12/1
11/26
11/30
12/1
11/23
11/20
11/25
12/6
11/28
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Utility Billing Cycle Email Responses
Rick Shain from Marysville:
In Marysville we read on the 1st, mail bills by the 8th, due on the 22nd and shut offs by the 28th. We
have a disconnect fee of $50 1st time, $75 2nd time and $100 each and every time thereafter. That
has really cut down on shut offs. We used to charge $15 per restoration of service but we had a lot of
them each month. Now we may have 10 or 12 at most.
We have about 1600 radio read meters that take about 4 hours to read. That contributes to the short
cycle.
Jaci Reimer from Sedgwick:
We read meters on the 20th, bill on the 1st, and bills are then due on the 20th. Late cards are mailed
out on the 21st and final shut-off is the 3rd. Anything not paid by the 20th is assessed a flat $10.00
late fee which is split between water and sewer. No late fees are currently assessed towards the trash
and recycling portion of the bill.
So our billing month is from say November 20-December 20 and we bill January 1 for this cycle. This
gives the billing clerk 10 days to prepare and send the bills. If the previous months bill (Oct 20 – Nov
20, sent Dec 1 and due Dec 20) is not paid by January 3rd and services are shut off for non-payment we
require ALL monies owed to be paid (including the current Jan 1 bill) in order to restore services along
with a reconnect fee.
Jacob Wood from Oakley:
We read our meters between the 17th and the 22nd. We have to read the meters manually. Our bills
are mailed out the last working day of the month. The payment is due on the 15th. Late notices go out
on the 16th ,17th or 18th depending on when the weekend hits. We charge 10% penalty on late
payment.
If the payment is not received by 8:00 am on the last working day of the month we disconnect. We
charge a $40 reconnect fee. We place door knockers if the disconnect day falls on a Friday. We will
reconnect on a weekend or after hours but we charge $100 instead of the $40 fee.
We have 7-10 regulars that we shut off every month, but it has been has highs as 20 in a single month.
Nathan Law from Kiowa:
Our employees read water and electric meters around the end of the month (28th-30th). That usage is
billed out the first week of the month, usually around the 5th-7th. Bills are due on the 25th by 5 p.m.
After that day/time they receive a 10% late fee. Delinquent notices are then generated and sent to
customers who then have 10 days from the date on the delinquent notice to pay the past due amount
before utilities are shut off (usually one or the other, sometimes both). Shut-offs occur first thing on
the 11th day (starting at 8 a.m.). There is a $10/utility reconnect fee and the customer must pay
everything past due before being reconnected. We also offer a payment plan if the customer knows
they are going to need extra time before the bill is past due.
It seems like you’ve already got a lengthy enough timeframe for billing. I think you’re right for not
wanting to push it back any further. If anything, I would say try and get the bills put together and
mailed closer to mid-month and keep the same 10th day due date and the 11th day shut-off
thereafter.
Grayson Path from Jetmore:
Here is our schedule:
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1.
Read meters the 10th of the month.
2.
Mail bills by the end of the month.
3.
Bills due by the 15th of the next month (except if it falls on a weekend or holiday, we give them
to the next business day).
4.
Shut off is 7 days after.
5.
I routinely grant short extensions for anyone who needs it. It takes some effort, and I maintain a
detailed log of each conversation (a history), but I have found that by working with people like this it
greatly increases people’s respect of the City Office.
6.
If they do not contact me, or if they do not follow through on our agreed arrangements, they get
shut off. I’m an absolute believer that full responsibility for a person’s bill is on that person, not the
City.
Reconnect Fee of $30 – we are looking at making it $15/Electric and $15/Water, for those who have
one or the other. This is something the Council wants to change to in our new codified codes.
If they end up getting terminated (have not paid after so long), it is a $50 fee to open up their account
again.
Bob Peter from Ellinwood:
Ellinwood reads on the 18th and bills go out on the 1st. Payment is due on the 16th. If not paid, a
10% late fee is assessed and shut off occurs on the 26th. Disconnect fee is $25.00 for the 1st time,
$50.00 for the 2nd, and $100.00 for the 3rd. Reconnect fees are $20.00 during normal hours and
$50.00 after hours. Unlike most cities, we do allow 2 extensions each calendar year per customer but
the request has to be made before disconnect.
Our 10% late fee applies to all utilities which are electric, water, sewer, and solid waste.
Betty Thompson from Lyndon:
Our schedule is:
1st to 4th
Water meters read (usually takes 1 day)
On/before 10th Utility (water/sewer/trash/stormwater) bills mailed
23rd
Utility bills due
24th/next business day $10 late fee assessed. Late bills mailed.
1st noon or 1st business day of month Full payment due or water shut off.
Must pay account to less than $50 to not shut off.
$25 re-connect fee and pay $50 or $100 of water deposit if deposit not on file.
Pay $50 on next three water bills until water deposit reaches $200.
If a resident/business owner contacts the billing clerk by the 1st with a short-term payment plan, they
don't get shut off as long as they follow through with their plan. The billing clerk also calls about 40
residents a month before shut offs. This considerably reduces the number of shut offs and staff time to
shut off and turn back on. It needs review, but it's not yet at the top of the priorities.
Stephanie Ax from Peabody:
The city of Peabody reads meters mid-month - preferably the 15th unless it falls on a weekend.
This results in the water consumed from 9/15 - 10/15 being billed out by 10/30 - received on 11/1 with
a due date of 11/15. The 15th due date is the date I use to calculate a 10% late fee when needed. TEN
days after the late fee date / notice is when I schedule shut off days. Legally you have to give ten days
between late notice and shut off day.
It does make payments to be based on past consumption further back than one would prefer, but I
can't think of a better system. Hope this helps.
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Bobby Busch from Neodesha:
We start reading around the 15th of the month. Usually takes us around 4 days.
Bills go out the 1st of the month and are due on the 15th. On the 16th we assess penalties on
everything. 10%. On the 27th (or following business day if the 27th is on a weekend) we start by
shutting off Electric for non paid accounts. Three days after that we shut off gas and water.
I’m with you on not pushing back the penalty date and shut off date. As it is, by the time we end up
shutting someone off they actually owe us two months worth of utilities. My philosophy is that they
are purchasing a commodity on credit. If you don’t pay for what you purchased you don’t get any
more credit until you pay up.
Kent Brown from Clearwater
Read usually between 18th and the 20th.
Bills sent around the 28th.
Due on the 10th of the following month (12 days or so after being mailed).
Shutoff notices sent on the 15th.
Shutoff on the 1st of the month (so just over a month to pay the bill).
Don Cawby from Osawatomie
We read mid-month and then bill the last day. So 45 days between beginning usage and billing. Then
we provide until the 15th for payment, so around 60 days from beginning to payment. We provide an
additional 7 days with a late fee and then shut off of electric if no payment.
Seems like you have an awful long time between the reading and bills, but maybe that is a staff issue.
We also have radio read on most of our meters (water & electric) so we can read the entire town in
about 3 days with 1 full-time person and some help from another person. In Osage City we took our
whole water/gas/sewer crew and electric crew and read the town in 2-3 days. We had those bills out
in a couple weeks as well.
My 2 cents is that I don’t think more time is your answer.
Nathan McCommon from Tonganoxie
Our gap is much shorter – within 30 days from read to shut-off. I would not highly recommend not
lengthening your penalty time. The psychology of the delinquent customer will simply take advantage
until the final second no matter how short or long the period is.
Roxanne Hutton from Iola
My administrator asked me to respond to your inquiry about billing cycles. We do service all utilities so
our bills are larger. We send the initial bill within 5 days of the reading date. They have 30 days to pay
that bill if they do not pay that bill they are assessed a 5% penalty on the total bill. They are sent a
delinquent notice with their new amount on the bill and given 10 days from then to pay their bill. After
the 10 days we shut them off. No extensions, no payment plans etc.
Hope this helps.
Kent Hixson from Mulvane
Mulvane send our bills out around the 25th of each month.
The customer has until the 5th of the next month to pay and avoid the 5% penalty.
Cut-offs begin on the morning of the 20th. We charge a $30 administrative fee if you pay on the 20th.
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Austin Gilley from Rose Hill
-Bills go out: 1st
-Past due after 15th (10%).
-Late notice on 17th
-Red tags: 24th
-Shutoff: 25th
Brad Smith from Baldwin City
It does sound like they have a considerable amount of time. Here is our billing cycle. PS. We have
approximately 4,700 citizens and 1,600 utility accounts.
Utility reads for water and electric occur generally from the 1st to the 8th of the month.
Bills are sent around the 10th of the month.
The bill on the 10th is for consumption of the prior month.
Bills are due by the 25th of the month.
Late fees are added after 5:00 pm on the 25th.
If the 25th is not a business day, i.e. weekend or holiday, the late payment cutoff is extended to
5:00 pm on the next business day.
Accounts not paid in full by the 5th of the following month are shutoff.
Reconnect fees are $75.00 each for water and electric and must be paid along with the account
balance before reconnect.
If everything is on schedule, the shut off date is approximately 35 days after consumption.
Other considerations:
We issue “hang tags” on the customer’s door on the 5th, warning them of the shutoff.
We “normally” shut off the morning of the 6th.
We don’t normally shut anyone off on Friday because we’re closed on weekends and don’t want
someone not to have an opportunity to get reconnected for that long.
Shut off during extremely cold weather is discretionary. We work pretty hard to avoid it.
Sometimes I’ll shutoff just the water to get their attention. Part of the reason is to avoid possibly
frozen pipes, particularly if it’s a rental property.
We also have a “pay agreement” option for those having trouble paying their bills. They must
set up the pay agreement prior to the shutoff date on the 5th. They can only have three pay
agreements in a rolling twelve month period. To receive a pay agreement they must pay 50% of the
balance due immediately and the remainder must be paid by 25th of month two.
Ed Truelove from Greensburg
Here in Greensburg, the following schedule applies:
15th:
23rd:
10th:
15th:
28th:
read meters
bills are mailed
payments due. 10% late fee applies after the 10th
mail delinquent notices (7-day notice)
shut off.
Our water, sewer, electric, and trash are all on the same bill. The 10% late fee applies across the entire
bill. Before we shut off utilities, we place a 24-hour door hanger prior to shut off. We have a $30
reconnect fee.
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REQUEST FOR PROPOSAL
INTEGRATED MUNICIPAL FINANCE SOFTWARE SYSTEM
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CITY OF CHERRYVALE, KANSAS
REQUEST FOR PROPOSALS
Integrated Municipal Finance Software System
I.
OVERVIEW
The City of Cherryvale, Kansas is requesting proposals for an integrated municipal finance
software system including conversion and implementation services, ongoing training and
technical support for the system. The system should include all or part of the following
comprehensive, fully integrated systems: Annual Report Schedules, Budget Preparation,
Accounts Payable, Cash Receipting, Payroll/Human Resources, Municipal Court, Cemetery,
Bank Reconciliation and Utility Billing applications. This will be a competitive negotiation
process. The City reserves the right to reject all proposals and issue another Request for
Proposal (RFP). This RFP does not commit the City of Cherryvale to reimburse vendors for
proposal submission and dem ons t rat i on costs. Price is an important consideration in this
process, but not the only consideration. Other factors include track record of successes at other
municipalities or utilities, identification and understanding of the City’s requirements as
embodied in the following list of questions, and experience and qualifications of key personnel.
The City of Cherryvale is a full service city with a population of approximately 2,300.
Services provided include: police protection, fire protection, emergency medical services,
street maintenance and improvement, municipal court, parks, general administrative and
financial services. The City also owns and operates water and sewer systems, as well as billing
for trash and recycling. The accounting policies of the City conform to the basis of cash
receipts and disbursements as adjusted to show compliance with the cash basis and budget laws
of Kansas.
Deadline:
All proposals must be received by the City Administrator no later than 5:00 PM, Tuesday,
DECEMBER 30, 2014.
Proposal Instructions:
Answer the stated questions listed below. If additional pages are necessary they may be attached
to your proposal. If desired, you may include pre-printed product literature regarding your
system(s). Provide one price quote for the entire system and a separate quote for each separate
subsystem, and the length of time to which your price quote applies. If enhancements are
required to accommodate a specific task identified below, identify the cost of such enhancement.
For each subsystem, identify when the application was first put into production, how many sites
are using the application, and how many installations are in progress. Submit (1) original with
signatures, two (2) copies, and (1) electronic version of the RFP response to the following
address:
Proposals shall be sealed and labeled as follows:
Financial Software Proposal
City of Cherryvale
123 W. Main St.
Cherryvale, KS 67335
[email protected]
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II.
RFP PROCESS
2.1
Communication with the City
All vendor communications concerning this acquisition must be directed to the City’s RFP
Coordinator or his representative. The City’s RFP Coordinator is:
Travis Goedken, City Administrator
123 W. Main St.
Cherryvale, KS 67335
Telephone: (620) 336-2776
Fax: (620) 336-2104
E-Mail: [email protected]
Unless authorized by the RFP Coordinator, no other City official, employee or consultant is
empowered to speak for the City with respect to this acquisition. Vendors are advised that
information, clarification, or interpretations from other city officials, employees or consultants
should be used at a Vendor’s own risk, and that the City shall not be bound by any such
representations.
Vendors are cautioned against contacting any City official, employee or consultant other than the
RFP Coordinator. Failure to observe this requirement may result in the disqualification of the
Vendor.
2.2
Schedule
Task Description
Completion Date
RFP Issued
December 16, 2014
Vendors to submit questions by 5:00 P.M. CST
December 23, 2014
City to provide answers to vendor questions
December 26, 2014
Vendors to submit proposals by 5:00 P.M. CST
December 30, 2014
Vendors provide demonstrations
January 5 – 23, 2015
Announcement and award of successful vendor at City Council
Meeting.
February 2, 2015
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2.3
Request for Proposal Overview
HARDWARE/NETWORK CONFIGURATION
The configuration of the network is critical to the successful operation and long-term viability of
the application software. The hardware, network, and application software must all work well
together to form a total system. Consequently, the software vendor will work with the local
network administrator to ensure that the network is configured properly for use with their
software.
APPLICATION SOFTWARE
The City of Cherryvale requires a vendor that is committed to serving the information
management needs of Kansas cities. This vendor shall provide application software, as well
as annual service and support that ensure that the software remains up-to-date both technically
and functionally.
ALL FINANCIAL APPLICATIONS SHALL BE GENUINELY FUND-ACCOUNTING
BASED, SHALL SUPPORT GOVERNMENTAL ACCOUNTING, AND SHALL BE
FULLY COMPLIANT WITH APPROPRIATE GOVERNMENTAL ACCOUNTING
STANDARDS.
IT IS THE RESPONSIBILITY OF THE VENDOR TO PROVIDE SUFFICIENT
INFORMATION ABOUT THEIR SOFTWARE PRODUCTS TO PROVIDE A BASIS
FOR TECHNICAL EVALUATION AND COMPARISON WITH SOFTWARE FROM
OTHER VENDORS.
A KEY COMPONENT OF THE EVALUATION PROCESS WILL BE A LIVE
DEMONSTRATION OF THE SOFTWARE PRODUCTS OF INTEREST USING
ACTUAL DATA. IT IS THE RESPONSIBILITY OF THE VENDOR TO
DEMONSTRATE REQUIRED KEY FEATURES OF EACH SOFTWARE PRODUCT.
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PROPOSAL FORMAT
To help support the evaluation process, Proposals shall adhere to the following format.
Title Page
The title page shall include the company name, address, and telephone number to call for
information regarding the Proposal.
Cost Summary Proposal Sheet
The first section shall provide itemized costs summarized on the Cost Summary Proposal Sheet
provided with this RFP. This sheet shall be completed and included as the next page following
the Title Page. All anticipated costs to the City shall be identified and itemized.
Executive Summary
The second section shall provide an overview of the Proposal. It should include any points the
vendor wishes to highlight, as well as any relevant conditions or restrictions.
Company Profile including References
The third section shall provide a profile of the company, including the number of employees and
their locations. A list of appropriate local government clients shall be provided. At least five
references shall be provided. These shall provide the names, telephone numbers, and titles of
contacts where the vendor’s software is currently in use.
Vendor Qualifications
The fourth section shall provide responses to the vendor qualification questions included in
section III of this proposal.
Additional Information
Subsequent sections may be used to present any additional information pertinent to the proposal
process.
INQUIRIES
Vendors who have questions about this RFP shall submit them in writing via mail, fax or e-mail.
The City’s RFP Coordinator must receive questions no later than the time listed in section 2.2 to
enable the City to respond. Failure to request clarification of any inadequacy, omission or
conflict will not relieve the Vendor of responsibility.
Answers to Vendors’ questions will be provided in writing via e-mail by the City to all
Vendors.
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2.4
Addenda to this RFP
Changes to this RFP will be made only by formal written addendum issued by the City’s RFP
Coordinator. Any addendum will be e-mailed to all Vendors who submit Letters of Interest.
The City may make addenda to this RFP if, in the sole judgment of the City, the changes will not
compromise the City’s objectives. All addenda issued shall become a part of the specifications
of this RFP, and will be made part of the contract.
2.5
Delivery of Responses
Responses must be received at the City’s RFP Coordinator office no later than the time for
response due date as listed in section 2.2. Submit (1) original with signatures, two (2) copies,
and (1) electronic version of the RFP response.
2.6
Cost of Preparing Responses
The City will not be liable for any costs incurred by Vendors in the preparation and presentation
of responses submitted in response to the RFP or in the participation in demonstrations.
2.7
Errors in Responses
Vendors are responsible for all errors or omissions in their responses, and any such errors or
omissions will not diminish their obligations to the City.
2.8
Withdrawal of Responses
Vendors may withdraw their response by making a written request to the RFP Coordinator prior
to response due date and time.
2.9
Rejection of Responses
The City reserves the right to reject any or all responses at any time with no penalty and to waive
immaterial defects and minor irregularities in responses.
2.10
Response Disposition
All material submitted in response to this RFP shall become the property of the City upon
delivery to the City’s RFP Coordinator.
2.11
Clarification of Responses
The City reserves the right to obtain clarification of any point in a Vendor’s response or to obtain
additional information necessary to evaluate a response. Failure of a Vendor to respond to such a
request for additional information or clarification within 3 business days may result in rejection
of the Vendor’s response. Such request for clarification shall be made at the sole discretion of
the City, and the City’s retention of this right shall in no way reduce the responsibility of
Vendors to submit complete, accurate and clear responses.
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2.12
Incorporation of RFP and Response in Contract
This RFP and the Vendor’s response, including all promises, warranties, commitments and
representations made in the successful response, shall be binding and incorporated by reference
in the contract.
III.
VENDOR QUALIFICATIONS
The following requirements and features have been identified by the City of Cherryvale
for inclusion in the desired system. The responses should be in the following format:
• Circle "Y" if the item is included as part of the standard system package.
• Circle "N" if the item is not available.
• Circle "M" if the system requires modifications to meet this specification.
Please identify the estimated cost of any required modification.
General Information
1.
Single Input: Information should be entered into the system one time.
Duplicate entry of data should be eliminated. This should provide greater
efficiency, timely information, and eliminate errors introduced through
data re-entry.
Y N M
Client/server: Solution proposed must be a client/server application.
Y N M
2.
3.
Ease of Use: The system must be easy to use and learn. A Windows
environment is required.
Please specify which version(s) of Windows on which your system will
run:
4.
Y N M
Real Time Information: The system must be real time, not batch.
• Budget: Transactions that will affect financial balances should be
reflected immediately in the appropriate ledgers.
Y N M
• Forecast: Users should be able to forecast required resources based on
current, actual data.
5.
6.
7.
Remote Access: The system must provide access to from remote
locations for budget and other financial information.
Y N M
Schedule: Install system in a timely manner and according to a mutually
agreeable schedule.
Y N M
Convenient Communications: The system should facilitate the
exchange of information by supporting electronic messaging and mail
functions.
Y N M
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8.
9.
10.
Ad Hoc Reporting: The system should provide reporting tools for
generating custom reports from system information.
Y N M
System Documentation: Do you provide system documentation
manuals for each subsystem?
Y N M
User Group Meetings: Do you currently sponsor regular (i.e.,
quarterly/annually) user group meetings for each module?
Y N M
Where does the nearest (to Cherryvale) user group meet?
11.
12.
User Documentation: Do you provide user documentation manuals for
each subsystem?
Training and Support: Do you provide detailed on-site training,
documentation, and support?
Is ongoing training and support available?
Y N M
Y N M
Y N M
State hours of live support availability:
Days of Week:
Hours of Day:
13.
Training: Specify how many staff-days of training you anticipate
providing as part of your proposal:
• System Overview
________Days
• Financials
________Days
• Annual Reporting
Days
• Budget Preparation
Days
• Accounts Payable/Purchasing
• Cash Receipting
• Payroll/Human Resources
• Utility Billing
• Permitting
• Fixed Assets
14.
15.
Y N M
Days
Days
Days
Days
Days
________Days
________Days
Functional fit: If you are chosen as a finalist, are you willing to provide
a functional fit in order to confirm your proposal responses in order to
allow the City to more fully evaluate your product?
Y N M
References: Please provide a list of municipalities or public utilities that
use your system, along with names and phone numbers of responsible
individuals who can be contacted.
Y N M
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16.
17.
18.
Hourly rates: As part of your proposal, please provide staff hourly rates
for additional work outside the scope of any contract should the vendor
be selected. There should also be costs included for data conversion.
Y N M
Report writer: Please describe how your report writer works and
identify if it is provided by another entity.
Y N M
Vendor profile: Please provide a vendor profile that indicates
• Number of staff
Y N M
• Years established
• Key personnel
19.
20.
Product Testing. Describe how you conduct product testing and explain
how it will ensure the system is ready for production.
Y N M
Security: The system should be capable of enforcing uniform policies
and procedures throughout the City of C h e r r y v a l e . Security
should cover various levels from user to user class or group. Please
describe, on a separate sheet, what security provisions your system has.
Y N M
System Specifications:
System Environment
1.
Does the system include basic password protection for standard
access?
2.
For the password can you specify:
Y N M
• That it must include numbers.
Y N M
• That it cannot be the same as a prior password.
Y N M
3.
Can application access be restricted by password?
Y N M
4.
Does the system use a GUI interface?
Y N M
5.
Is file recovery automatic after a system failure?
Y N M
6.
State-of-the-art database, such as Progress, Oracle, or MS SQL?
Please specify:
Y N M
7.
Does the database support real-time processes?
Y N M
8.
Does the system run on an NT network/Windows workstations?
Y N M
18
Financial System:
Financials
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
ALL screens in a GUI format?
Y N M
4.
System has complete on-line help function?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Handle an unlimited number of accounts?
Y N M
7.
Does the system provide an adequate audit trail for each transaction?
Y N M
8.
Interface capability to other software products?
Y N M
9.
Interface to bank reconciliation?
Y N M
10.
Does the system provide for centralized account management?
Y N M
11.
Are users restricted from access of applications not within their
authority?
Y N M
12.
Can information be exported to other systems such as Excel?
Y N M
13.
Can reports be generated for each individual fund?
Y N M
14.
Is the system able to provide multiple payment centers?
Y N M
15.
Is security provided by user?
Y N M
16.
Allow at least 13 periods per year to provide open periods?
Y N M
17.
Allow unlimited number of years of detail information?
Y N M
18.
Does the system provide for real time maintenance of account:
19.
20.
• Status?
Y N M
• Balance?
Y N M
Which of the following reports are available:
• Detail of transactions by account/object code?
Y N
M
• Revenue and expense detail by account?
Y N
M
• Revenue and expense summary?
Y N
M
• Ability to sort data by fund, department, object, etc?
Y N M
Is selectivity for accounting information available:
• By account?
Y N M
19
• By period?
Y N
M
• By date range?
Y N
M
• By amount?
Y N M
21.
Can reports be rerun for periods other than the current period?
Y N M
22.
Does the system support Cash Basis accounting method as required
by the KS State Auditor?
Y N M
23.
Can entries be reversed and deleted automatically?
Y N M
24.
Are entries tracked as to:
• Transaction date and time?
Y N M
• Posting date and time?
Y N M
• By user performing entry?
Y N M
25.
Allow unlimited number of journal entries?
Y N M
26.
Does the system have an approval process for account maintenance?
Y N M
27.
On-line screen inquiry including unlimited history?
Y N M
28.
Can the previous year be “locked” after year-end closure occurs so
inadvertent changes cannot be made?
Y N M
Does the system provide year-end annual reporting for non-GAAP
Reporting?
Y N M
Does the system provide the Annual Report Schedules printed
directly from the System that is consistent with KS requirements?
Y N M
Will the System allow for expanded BARS numbers and/or change in
BARS structure if required?
Y N M
29.
30.
31.
32.
Allow on-line notes to accounts?
How many?
Y N M
33.
How many user-defined Chart of Account components?
Y N M
34.
How many characters available in the chart of accounts?
Y N M
35.
Will the system allow accounting periods other than the City's fiscal
year for projects and grants?
Y N M
36.
How many funds can your system manage?
Y N M
Financial Module Cost: $
Annual Maintenance: $
20
Budget Preparation
1.
Forecast (using different methods) current-year ending balances based
on current year-to-date data?
Y N M
2.
Will the budget system allow import of data from another payroll
system?
Y N M
3.
Modify a single line item, ranges of items or the entire file based on
parameters entered?
Y N M
4.
Allow for budget amendments and maintain the original budget and the
amended budget?
Y N M
5.
Can multi-year project budgets be integrated into the annual budget?
Y N M
Budget Module Cost: $
Annual Maintenance: $
Accounts Payable/Purchasing
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
ALL screens in a GUI format?
Y N M
4.
System has complete on-line help function?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Handle an unlimited number of accounts?
Y N M
7.
Can the system support online paperless requisition and purchase
orders, including online approvals?
Y N M
8.
Does the system provide for vendor maintenance:
• By vendor name?
Y N M
• By vendor number?
Y N M
9.
Does the system support temporary vendors?
Y N M
10.
Does the system track whether vendors require 1099’s?
Y N M
11.
Will the system track vendor product/service codes?
Y N M
12.
Can you cancel invoices in the system?
Y N M
13.
Can you cancel checks in the system?
Y N M
14.
Does the system allow unlimited number of vendors?
Y N M
15.
Does the system allow unlimited years of history?
Y N M
21
16.
Will the system allow you to work in both current and future periods?
Y N M
Does the system interface with other systems such as:
17.
• Financials?
Y N
M
• Budgets & Encumbrances?
Y N
M
• Cash Receipting/Refunds?
Y N
M
Y N
M
Y N
M
Y N
M
• Purchasing?
• Fixed Assets?
• Permitting?
18.
Does the system support both check and voucher printing?
19.
Do transactions directly affect General Ledger accounts in:
Y N M
Y N M
• Income?
Y N
M
• Expenses?
Y N
M
• Budget?
Y N M
20.
Does the system support recurring entries (biweekly, monthly)?
Y N M
21.
Does the system provide a check reconciliation system?
Y N M
22.
Are duplicate payments prevented?
Y N M
23.
Can the system print and/or E-File 1099’s at year-end for vendors
requiring them?
Y N M
24.
Can the system generate a flexible payment approval list for City
Council approval?
Y N M
25.
Does the system provide user-defined payment terms?
Y N M
26.
Access vendor history by vendor:
• Vendor Name?
Y N
M
Y N
M
• Check date?
Y N
M
• Amount?
Y N M
• Invoice Number?
• Invoice Date?
27.
Does the system track Kansas State “use or sales” tax by
expenditure account?
Y N M
28.
Does the vendor screen information include contract limits?
Y N M
22
29.
Does the system provide the use of clearing funds for accounts payable
and payroll to disburse cash?
Y N M
30.
Does the system accommodate wire transfers of funds?
Y N M
31.
Does the system verify budget status prior to accepting a transaction?
Y N M
Accounts Payable/Purchasing Module Cost: $
Annual Maintenance: $
Cash Receipting
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
ALL screens in a GUI format?
Y N M
4.
System has complete on-line help function?
Y N M
5.
Report writer for ad hoc reporting?
Y N M
6.
Handle an unlimited number of accounts or transaction codes?
Y N M
7.
Does the system provide centralized collections?
Y N M
8.
Will the system distribute appropriate information to:
• Financials?
Y N M
• Utility Billing?
Y N M
• Business License?
Y N M
• Permitting?
Y N M
9.
Can the system track all entered payments including voided receipts?
Y N M
10.
Does the system provide integration to an electronic cash drawer
system?
Y N M
11.
Can the system allow collection of all methods of payment at one
location?
Y N M
12.
Does the system provide cash-out procedure for balancing each
operator?
Y N M
13.
Does the system provide the ability to define payment mode and
provide daily deposits, cash & check composition?
Y N M
14.
Can the system print a cash receipt on demand?
Y N M
15.
Can you view transactions in the cash receipts inquiry?
• Pending transactions?
Y N M
• Historical transactions?
Y N M
23
16.
Does the system provide on-line payment information?
Y N M
17.
Does the system allow one or more transactions per receipt?
Y N M
18.
Will the system allow for credit card payments?
Y N M
19.
Will the system interface with 3rd party software for:
• Business licenses?
Y N M
• Permitting?
Y N M
Cash Receipting Module Cost: $
Annual Maintenance: $
Payroll/Human Resources
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
ALL screens in a GUI format?
Y N M
4.
System has complete on-line help function?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Handle an unlimited number of accounts?
Y N M
7.
Does the system support standard user-defined salary tables?
Y N M
8.
Allow unlimited salary tables?
Y N M
9.
Does the system support part-time and hourly employees, with prorated benefits?
Y N M
10.
Does the system accommodate employees with unusual shifts (i.e.,
police)?
Y N M
11.
Can the system support multiple positions for a single employee?
Y N M
12.
Does the system automatically account for and distribute overtime pay
in accordance with the Fair Labor Standards Act (FLSA)?
Y N M
13.
Is the payroll system integrated to the Financials and budget?
Y N M
14.
Does the system track accrued time earned?
• Vacation?
Y N
M
• Sick Time?
Y N
M
• Comp Time?
Y N M
• How many user defined accruals?
15.
Does the system support multiple pay periods?
Y N M
24
16.
Allow an unlimited number of pay types?
Y N M
17.
Can the system support the State KPERS retirement program
requirements?
Y N M
18.
Will the system generate all Federal and State reporting requirements?
Y N M
19.
Can the system generate and report electronically:
• W2 statements?
• 1099R statements?
• 941 and other quarterly reports?
Y N
M
Y N
M
Y N M
20.
Unlimited number of years of history?
Y N M
21.
Can the system distribute salary by department to multiple funds &
accounts?
Y N M
22.
Unlimited number of employees allowed?
Y N M
23.
Can the system support labor union or other:
• Deduction calculations?
Y N
M
• Reporting?
Y N
M
• Deferred compensation plus employer match?
Y N
M
• Payroll contributions such as state employment security payments?
Y N
M
• Flexible spending (Section 125) plan?
Y N M
24.
Can tax tables be maintained and updated by the user?
Y N M
25.
Can the system provide daily/weekly/monthly time entry?
Y N M
26.
Support other methods of time entry such as electronic time clocks?
Y N M
27.
Is an automatic payroll deposit provided?
Y N M
28.
Does the payroll system allow for remote data entry of timesheets?
Y N M
29.
Is all pertinent payroll information on one or two screens?
Y N M
30.
What type of security does the system provide for Payroll? Please
attach response.
Y N M
31.
How are employee screens set up? Please attach response on a separate
sheet.
Y N M
32.
Please describe (on a separate sheet) how the Payroll system integrates
with Budget and Financials.
Y N M
Payroll/Human Resources Module Cost: $
Annual Maintenance: $
25
Utility Billing
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
ALL screens in a GUI format?
Y N M
4.
System has complete on-line help function?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Handle an unlimited number of accounts?
Y N M
7.
Does the system support multiple billing cycles?
8.
• Budget billing?
Y N
M
• Bi-monthly billing?
Y N
M
• Mixture of monthly and bi-monthly?
Y N
M
• Pro-rated billing?
Y N
M
• Final billing?
Y N M
Does the system integrate with:
• Financials?
Y N
M
• Cash Receipting?
Y N
M
• Accounts Payable (refunds)?
Y N
M
• Budget?
• Meter Reading?
Y N M
9.
Allow unlimited number of customers?
Y N M
10.
Unlimited number of rates per service?
Y N M
11.
Does the system have a meter change-out program?
Y N M
12.
Can the system generate work orders?
13.
• Connection?
Y N
M
• Disconnect?
Y N
M
• Service?
Y N M
Does the system support hand-held/radio read meter reading devices?
What kind(s)?
How many meters?
Electronic Remote Reading? “Push of a Button” reading?
14.
Y N M
Y N M
Y N M
Does the system have a meter inventory?
• Locations?
• Type?
• Class?
Y N M
26
15.
Does the system track meter maintenance?
Y N M
16.
Does the system support user-defined bill calculations?
Y N M
17.
Does the system provide user-defined penalty options?
Y N M
18.
Can the system prorate billings?
Y N M
19.
Are grace/tolerance days user-definable?
Y N M
20.
Does the system produce "dunning" letters?
• Door hangers?
Y N
M
• Rate changes?
Y N
M
• Reminders?
Y N M
21.
Does the system include a built-in utility consumption and revenue
summary by rate class?
Y N M
22.
Unlimited number of years of billing information?
Y N M
23.
Can the system automatically generate credit refunds?
Y N M
24.
Allow special charges and lien charges?
Y N M
25.
Date sensitive user-defined code comment screen?
Y N M
26.
Unlimited notes per account?
Y N M
27.
A separate lot screen listing at least:
• Service location?
Y N M
• Lot number?
Y N M
• Parcel number?
Y N M
• Inside/outside City code?
Y N M
• Lot size?
Y N M
• Buildable/impervious/developed lot size?
Y N M
28.
Does the system allow for “unbundling” of charges and show them
separately on the customer’s utility bill?
Y N M
29.
Low income or other discounts?
Y N M
30.
Does the system accommodate Internet bill delivery and payment?
Y N M
31.
Will the Utility Billing system support postal bar coding with current
and future postal requirements?
Y N M
32.
Does the system print delinquency notices?
Y N M
33.
Will the system export data to a third party printer?
Y N M
27
34.
How many services per customer?
35.
How many user-defined fields?
36.
How many name/address sections (i.e. master, owner, "bill-to")?
37. Does the system track customer deposits?
38.
Y N M
A separate "Meter Screen" listing at least:
• Route number?
Y N M
• Sequence number?
Y N M
• Meter serial number?
Y N M
• Installation date?
Y N M
• Manufacturer code?
Y N M
• Meter size?
Y N M
• Number of dials?
Y N M
• EDU'S, status code, type of meter?
Y N M
• Radio read capability (MXU-ID, Reg-ID, longitude, and latitude)?
Y N M
• How many user defined meter fields?
• Transponders/Fireflys
Y N M
Y N M
Utility Billing Module Cost: $
Annual Maintenance: $
Municipal Court
1.
Is system real time or batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
System has complete on-line help function?
Y N M
4.
Does the system use a GUI interface?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Integrated with Cash Receipting, Budget and General Ledger systems?
Y N M
7.
Allow user to print dockets/correspondence?
Y N M
8.
Allows the user to input rates for various types of offenses?
Y N M
Municipal Court Module Cost: $
Annual Maintenance: $
28
Cemetery
1.
Is system real time or batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
System has complete on-line help function?
Y N M
4.
Does the system use a GUI interface?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Have a built-in map for viewing purposes?
Y N M
7.
Allow user to pinpoint grave sites on electronic map?
Y N M
8.
Allows the user to input notes for added information on burial site?
Y N M
Cemetery Module Cost: $
Annual Maintenance: $
Permitting System
9.
Is system real time or batch processing?
Y N M
10.
Menus have drill-down capabilities for detail?
Y N M
11.
System has complete on-line help function?
Y N M
12.
Does the system use a GUI interface?
Y N M
13.
Report writer for ad-hoc reporting?
Y N M
14.
Integrated with Budget and General Ledger systems?
Y N M
15.
Allow user to print permits?
Y N M
16.
Allows the user to input rates for various types of permits?
Y N M
Permitting System Module Cost: $
Annual Maintenance: $
29
Fixed Asset Accounting (Optional Program)
1.
System is real time system not batch processing?
Y N M
2.
Menus have drill-down capabilities for detail?
Y N M
3.
System has complete on-line help function?
Y N M
4.
Does the system use a GUI interface?
Y N M
5.
Report writer for ad-hoc reporting?
Y N M
6.
Integrated with Accounts Payable system to facilitate additions to the
fixed assets inventory?
Y N M
7.
Allows user to assign fixed assets to one or more funds, users, and/or
locations?
Y N M
8.
Allows the user to define classes of fixed assets?
Y N M
9.
Acquisition method is tracked?
Y N M
10.
Capability of bar coding assets for physical inventory?
Y N M
11.
Can the system generate depreciation postings and post automatically to
the general ledger?
Y N M
Fixed Asset Module Cost: $
Annual Maintenance: $
Data Conversion
1.
Are data conversion services available from our existing Financial
System (ASP)
Conversion Cost: $
Y N M
30
IV.
RESPONSE EVALUATION
Responses will be reviewed and scored by an Evaluation Committee comprised of staff members
from City Administration and members of the City Council. The scoring matrix will be
developed to evaluate responses and will draw equally in four areas: references, vendor
qualifications-technical capabilities, vendor qualifications-business capabilities, and pricing of
the project. Those responses receiving the overall highest scores will be selected as the
apparent successful vendors. The determination of a cut-off score will be at the sole discretion of
the Evaluation Committee and will depend on such factors as number of vendor responses
received and capabilities.
The evaluation committee will submit their recommendation for selection to the Cherryvale
City Council for approval.
Oral presentations, written questions for further clarifications, and/or site visits to similar
installations may be required of some or all vendors. The proposals will be evaluated and the
contract shall be awarded to the vendor based primarily on the following criteria:
•
•
•
•
•
•
•
•
The degree of responsiveness to the RFP and evidence of an overall
understanding of financial management objectives of the City in
regard to this proposal;
Demonstrated competence and experience of the vendor in previous
installations of similar scope;
System price will be a major consideration;
The relative competitive standing, feature capabilities and
performance capabilities of the system proposed;
System architecture and overall engineering technology;
Overall maintenance reputation and integrity of the vendor with an
existing installed customer base;
Relative and subsequent maintenance and add-on costs as well as
serviceability of the system proposed;
Dependability in terms of product quality control and factory
support.
31
V.
CITY OF CHERRYVALE TERMS AND CONDITIONS
Entire Agreement:
This Vendor Contract, including all attachments referenced herein, constitutes the entire
agreement between the City and the Contractor. The City’s RFP, all addenda to the RFP, and
the Contractor’s response to the RFP are explicitly included in this Vendor
Contract/Agreement. Where there is any conflict among or between any of these documents,
the controlling document shall be the first listed in the following sequence: the most recently
issued Vendor Contract amendment; the Vendor Contract; the most recently issued addendum
to the City’s RFP; the City’s RFP; and the Contractor’s response to the RFP.
Term
The term of this Vendor Contract shall commence on the date the City’s Buyer signs the same
and shall expire sixty (60) days after the date of the “Last Item Due Date” stated on the Vendor
Contract form signature page
Freight
Prices include freight prepaid and allowed. The Contractor assumes the risk of every increase,
and receives the benefit of every decrease, in delivery rates and charges.
Title
Prices are F.O.B. destination. Title to items and risk of loss remain with Contractor until City
receives items at the delivery point.
Overages/Underages
Shipments shall correspond with the Vendor Contract; any unauthorized advance or excess
shipment is returnable at Contractor’s expense.
Schedule
Unless the City’s Buyer requests a change in schedule, the Contractor shall deliver the items or
render the services by the “Last Item Due Date” stated on the Vendor Contract form signature
page At the City’s option, the Contractor’s failure to timely deliver or perform may require
expedited shipping at the Contractor’s expense, or may be cause for termination of the
Purchase Order/Vendor Contract and the return of all or part of the items at the Contractor’s
expense. If the Contractor anticipates difficulty in meeting the schedule, the Contractor shall
promptly notify the City’s Buyer of such difficulty and the length of the anticipated delay.
32
Payment
Invoices will be paid according to early payment discount terms, or if no early payment discount
is offered, thirty (30) days after the City’s receipt and acceptance of the goods or completion and
acceptance of the services. Payment periods will be computed from either the date of delivery of
all goods ordered, the completion of all services, or the date of receipt of a correct invoice,
whichever date is later. This section is not intended to restrict partial payments that are specified
in the contract. No payment shall be due prior to the City’s receipt and acceptance of the items
identified in the invoice therefore.
Price Warranty
The Contractor warrants that the prices for the items sold to the City hereunder are not less
favorable than those currently extended to any other customer for the same or similar items in
similar quantities. The Contractor warrants that prices shown on this Vendor Contract are
complete, and that no additional charge of any type shall be added without the City’s express
written consent.
Warranties
The Contractor warrants that all goods are merchantable, comply with the City’s latest drawings
and specifications, and are fit for the City’s intended use; all goods comply with all applicable
safety and health standards established for such products; all goods are properly packaged; and
all appropriate instructions or warnings are supplied.
Date Warranty
Vendor warrants that all Software provided under this Contract: (i) does not have life expectancy
limited by date or time format; (ii) will correctly record, store, process, and present calendar
dates; (iii) will lose no functionality, data integrity, or performance with respect to any date; and
(iv) will be interoperable with other software used by Purchaser that may deliver date records
from the Software, or interact with date records of the Software ("Date Warranty"). In the event a
Date Warranty problem is reported to Vendor by Purchaser and such problem remains unresolved
after three (3) calendar days, at Purchaser's discretion, Vendor shall send, at Vendor's sole
expense, at least one (1) qualified and knowledgeable representative to Purchaser's premises.
This representative will continue to address and work to remedy the failure, malfunction, defect,
or nonconformity on Purchaser's premises. This Date Warranty shall last perpetually. In the event
of a breach of any of these representations and warranties, Vendor shall indemnify and hold
harmless Purchaser from and against any and all harm, injury, damages, costs, and expenses
incurred by Purchaser arising out of said breach.
Compliance with Regulations
The proposer agrees to abide by all laws, rules and regulations promulgated by the United States
of America, the State of Kansas, or any agencies or subdivisions thereof, specifically
33
including OSHA regulations in effect at the time of proposal opening.
Default
If one party to the agreement is deemed to be at fault and if a lawsuit is required to enforce any
terms of the agreement, then the prevailing party should be awarded reasonable attorney fees and
court costs.
Proprietary and Confidential Information
The Contractor acknowledges that the City is required by law to make its records available for
public inspection, with certain exceptions (see Kansas Budget Law). City staff believes that this
legal obligation would not require the disclosure of proprietary descriptive information that
contains valuable designs, drawings or formulas. The Contractor, by submission of materials
marked proprietary and confidential, nevertheless acknowledges and agrees that the City will
have no obligation or any liability to the Contractor in the event that the City must disclose these
materials.
Indemnification
To the extent permitted by law, the Contractor shall protect, defend, indemnify and hold the City
harmless from and against all claims, demands, damages, costs, actions and causes of actions,
liabilities, judgments, expenses and attorney fees, resulting from the injury or death of any person
or the damage to or destruction of property, or the infringement of any patent, copyright, or
trademark, arising out of the work performed or goods provided under this Vendor
contract, or the Contractor’s violation of any law, ordinance or regulation, except for damages
resulting from the sole negligence of the City.
Insurance
City of Cherryvale will not limit the firm’s liability for damages, sustained by the City or by
third parties; for which the City was not at fault.
The vendor shall carry, for the duration of this Agreement, a commercial liability policy with a
$1,000,000.00 limit per occurrence and a commercial auto liability with a $100,000/$300,000
limit per occurrence. All policies shall be issued by insurance companies licensed to do business
in K a n s a s State and have an A.M. Best rating of A- or better. Coverage format for all
insurance policies must receive prior approval of the City Safety/Loss Department.
Work under this contract shall not commence until evidence of all required insurance is provided
to the City. Evidence of such insurance shall consist of a completed copy of the certificate of
insurance, signed by the insurance agent for the contractor and returned to the City of
Cherryvale. The insurance policy or policies will not be cancelled, materially changed or
altered without forty-five (45) days prior notice submitted to the City Clerk.
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Compliance with Law
General Requirement: The Contractor, at its sole cost and expense, shall perform and comply
with all applicable laws of the United States and the State of Kansas; the Charter, Municipal
Code, and ordinances of The City of C h e r r y v a l e ; and rules, regulations, orders, and
directives of their respective administrative agencies and officers.
Licenses and Similar Authorizations: The Contractor, at no expense to the City, shall secure
and maintain in full force and effect during the term of this Vendor Contract all required
licenses, permits, and similar legal authorizations, and comply with all related requirements.
Taxes: The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising
from its activities and undertakings under this Vendor Contract; taxes levied on its property,
equipment and improvements; and taxes on the Contractor's interest in this Vendor Contract.
Americans with Disabilities Act: The Contractor shall comply with all applicable provisions
of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this
Purchase Order/Vendor Contract. In particular, if the Contractor is providing services, programs,
or activities to City employees or members of the public as part of this Purchase Order/Vendor
Contract, the Contractor shall not deny participation or the benefits of such services, programs, or
activities to people with disabilities on the basis of such disability. Failure to comply with the
provisions of the ADA shall be a material breach of, and grounds for the immediate termination
of, this Purchase Order/Vendor Contract.
Adjustments:
The City’s Buyer at any time may make reasonable changes in the place of delivery, installation
or inspection; the method of shipment or packing; labeling and identification; and ancillary
matters that Contractor may accommodate without substantial additional expense to the City.
Amendments
Except for adjustments authorized above, modifications or amendments to the Vendor
Contract may only be made by a change order or by written document signed by or for both
parties. Unless Contractor is otherwise notified, the City’s Buyer shall be the City’s
authorized agent.
Assignment
Neither party shall assign any right or interest nor delegate any obligation owed without the
written consent of the other, except Contractor may assign the proceeds of this Vendor
Contract for the benefit of creditors upon 21 days advance written notice to the City of
Cherryvale, 123 W. Main St. Cherryvale, KS 67335
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Binding Effect
The provisions, covenants and conditions in this Vendor Contract apply to bind the parties,
their legal heirs, representatives, successors, and assigns.
Waiver
The City’s failure to insist on performance of any of the terms or conditions herein or to exercise
any right or privilege or the City’s waiver of any breach hereunder shall not thereafter waive any
other term, condition, or privilege, whether of the same or similar type.
Applicable Law
This Vendor Contract shall be construed under the laws of the State of Kansas. The venue for
any action relating to this Vendor Contract shall be in the District Court for Montgomery
County, State of Kansas.
Remedies Cumulative
Remedies under this Vendor Contract are cumulative; the use of one remedy shall not be
taken to exclude or waive the right to use another.
Severability
Any invalidity, in whole or in part, of any provision of this Purchase Order/Vendor Contract shall
not affect the validity of any other of its provisions.
Gratuities
The City may, by written notice to the Contractor, terminate Contractor’s right to proceed under
this Vendor Contract upon one (1) calendar day’s notice, if the City finds that any gratuity in
the form of entertainment, a gift, or otherwise was offered or given by the Contractor or
any agent thereof to any City official, officer or employee.
Termination
For Cause: Either party may terminate this Vendor Contract in the event the other fails to
perform its obligations as described herein, and such failure has not been corrected to the
reasonable satisfaction of the other in a timely manner after notice of breach has been
provided to such other party.
For Reasons Beyond Reasonable Control of a Party: Either party may terminate this Vendor
Contract without recourse by the other where performance is rendered impossible or
impracticable for reasons beyond such party's reasonable control such as but not limited to an
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act of nature; war or warlike operations; civil commotion; riot; labor dispute including strike,
walkout, or lockout; sabotage; or superior governmental regulation or control.
For Public Convenience: The City may terminate this Vendor Contract in whole or in
part whenever the City determines that such termination is in its best interest (including
but not limited to for lack of continuing appropriations). In such a case the Contractor shall be
paid for all items accepted by the City.
Notice: Notice of termination shall be given by the party terminating this Agreement to the other
not less than ten (10) working days prior to the effective date of termination.
Major Emergencies or Disasters
The following provision shall be in effect only during major emergencies or disasters when the
City has activated its Emergency Operations Center and the Contractor has been given notice by
the City that such activation has occurred. The City is committed to preparing thoroughly for any
major emergency or disaster situation. As part of its commitment, the City is contracting with
the Contractor under the following terms and conditions: Contractor shall provide to the City,
upon the City’s request, such goods and/or services at such time as the City determines. In the
event the Contractor is unable to meet the delivery date commitment due to circumstances
beyond the reasonable control of the Contractor, the Contractor shall make such delivery as soon
as practicable. If the Contractor is prevented from making such delivery to the requested delivery
location due to circumstances beyond its reasonable control, the Contractor shall immediately
assist the City in whatever manner is reasonable to gain access to such goods and/or services. In
the event that the Contractor is unable to provide such goods and/or services as requested by the
City, the Contractor may offer to the City limited substitutions for its consideration and shall
provide such substitutions to the City as required above, provided the Contractor has obtained
prior approval from the City for such substitution. The Contractor shall charge the City the price
determined in this Purchase Order/Vendor Contract for the goods and services provided, and if
no price has been determined, it shall charge the City a price that is normally charged for such
goods and/or services (such as listed prices for items in stock). In the event that the City’s
request results in the Contractor incurring unavoidable additional costs and causes the Contractor
to increase prices in order to obtain a fair rate of return, the Contractor shall charge the City a
price not to exceed the cost/profit formula found in this Purchase Order/Vendor Contract. The
Contractor acknowledges that the City is procuring such goods and/or services for the benefit of
the public. The Contractor, in support of public good purposes, shall consider the City as a
customer of first priority and shall make its best effort to provide to the City the requested goods
and/or services in a timely manner. For purposes of this Purchase Order/Vendor Contract, a
“major emergency” or “disaster” shall include, but is not limited to a storm, high wind,
earthquake, flood, hazardous material release, transportation mishap, and loss of any utility
service, fire, terrorist activity or any combination of the above.
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COST SUMMARY PROPOSAL SHEET
Software Purchase with Annual Service
We hereby submit the following proposal for services required to implement software for the City
of Cherryvale. Proposals/Bids will be opened at the date and time listed in section 2.2
Vendor Name:
ITEM
PURCHASE
PRICE
ANNUAL
SERVICE
DATA
CONVERSION
INSTALLATION &
TRAINING HOURS
TOTAL
PRICE
APPLICATION SOFTWARE
Financial System
Budget Preparation
Accounts Payable/Purchasing
Cash Receipting
Payroll/Human Resources
Utility Billing
Permitting System
Municipal Court
Fixed Assets
Service Orders
Cemetery
SUBTOTALS
ITEM
PRICE
TRAVEL COSTS
ANY OTHER COSTS (Provide details on separate sheet, if necessary)
SUBTOTAL
GRAND TOTAL
Signature
Date
Name
Phone Number
Title
Fax Number
Email Address
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Cherryvale Community Center
Membership Application
Name__________________________________________
Address________________________________________
Phone_______________________ E-Mail Address______________________
City of Cherryvale Resident : Yes________
No________
Emergency Contact: Name__________________Number _________________
Introductory Fee: $10.00 per month for Member plus 1
Children under 13 must be accompanied by adult
I agree to comply with all rules and regulations on page 2 of this membership
application. I also agree to comply with all instructions given by Community
Center staff; and acknowledge my responsibility to properly use all
exercise/recreational equipment and understand my failure to obey rules and/or
properly use equipment may result in forfeiture of membership.
RELEASE AND WAIVER
Knowing my physical and health conditions, I hereby assume all risks and hazards
incidental to the conduct of the activities at center. In the event of injury to
myself or members of my family, I hereby release the City of Cherryvale and its
employees and volunteers from any and all damages on behalf of the above
person.
USER
SIGNATURE:______________________________________Date:__________
_______________________________________________________________
AUTHORIZED CHERRYVALE COMMUNITY CENTER REPRESENTATIVE
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CHERRYVALE COMMUNITY CENTER
RULES/REGULATIONS
Failure to abide by rules and regulations established by the City of Cherryvale will
result in disciplinary action by the Cherryvale Community Center staff.
Disciplinary action may be warnings or suspension of membership privileges, up
to and including cancellation of membership.
Unacceptable activities/behaviors include, but not limited to:
Use of tobacco, drugs, or alcohol (unless authorized by permit)
Gambling
Theft
Fighting, including any kind of participation or inciting of a fight
Harassment of any nature
Profane language or obscene behavior
Misuse of equipment
Deliberate or malicious damaging of facilities or equipment
Entering office or storage areas without permission
Hanging on basketball nets or rims
Failure to comply with instructions from staff
Sportsmanship is expected of all patrons of the Community Center!
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CITY COUNCIL ACTION REPORT
Proposed Agenda Date: December 15, 2014
Subject: Community Center Advisory Board Request to Seek Reimbursement for
Basketball Goals from Rec Commission
Guest: Possible Advisory Board Members
Background: The City has purchased the basketball goals for the community center for
$2,906.94. At the advisory board meeting on 12/9/14, the board voted to formally
request the council to approach the rec commission and ask for them to reimburse the
City for the cost of the goals.
Financial Consideration: There is currently $12,317 of budget authority remaining for
the Special Park & Recreation Fund where the funds will be expensed. The City also has
the cash available for the purchase.
Legal Consideration: N/A
Policy Consideration: There is no joint use agreement between the City and the Rec
Commission at this time.
Recommendation: It is my recommendation that the City not ask the Rec Commission
to reimburse the City for the cost of the goals. A joint use agreement can be drafted to
include financial compensation for their use of the facility.
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