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HomeMy WebLinkAboutCompliance Strategy Agreement with Y2KBALUKOFF LINDSTROM & Co., P.A. Certified Public Accountants Wells Fargo Building 877 West Main Street, Suite 805 Boise, Idaho 83702 (208) 344-7150 FAX: (208) 344-7435 June 7, 1999 Dear Mayor Come: We are pleased that you have taken the time to consider the year 2000 (YZK) and its effect on THE CITY OF MERIDIAN. This engagement letter sets forth the engagement's objectives, defines the scope of the services, identifies your responsibilities, and provides our estimated fees. ENGAGEMENT OBJECTIVE The engagement's objective is to aid THE CITY OF MERIDIAN in formulating and implementing a written Y2K plan pertaining to it's critical IBM compatible personal ,computers (PC's} and PC based software. The purpose of the plan is to produce a Y2K compliance strategy, which includes recommendations and limited revisions on critical PC's and PC based software. SCOPE OF SERVICES We will prepare a plan to inventory and assess critical PC's and software. We will aid in assessing the compliance of each inventory item by attempting to contact the product manufacturer or by use of the GMT Check 2000-software tool. Compliance recommendations for each inventoried item will be provided. Where possible, revisions will be made to the computer internal clock or computer operating system, if the product manufacturer provides for the corrections and if the corrections do nat involve software programming or physical computer hardware repair. Revisions that will be employed include; changing date format options, BIOS chip upgrades or minor software patches. Finally, a compliance strategy will be produced for inventoried items that are not fixed as a part of this engagement. Further corrections, not included as a part of this engagement, may require checking all date sensitive data, replacing older systems with the latest technology or hiring specialists to resolve the known problems. We will review critical IBM compatible personal computers (PC's) using the GMT Check 2000 software, publicly endorsed and recommended by Microsoft Corporation. We will install the GMT Check 2000 software on each compatible and inventoried computer, networked or stand-alone. The GMT Check 2000 software is represented by GMT to produce the following information: • Check hardware to determine whether the PC will successfully rollover from 1949 to 2000. • Identify operating systems and date dependency issues. • Identify off the shelf software programs and versions and compare them to the GMT Check 2000 database for detecting Y2K date discrepancies. • Identify date sensitive items in databases and spreadsheets. • Identify CPU type, number of drives, hard disk size and free space. • Produce advice concernuig identified date sensitive items. • Collate all data into a common database to produce management reports. The GMT Check 2000 software can be used through and beyond December 31, 1999. Product support and upgrades are presently available from GMT, the manufacturer. Our responsibility to this engagement will cease after all inventoried PC's and software have a completed recommendation or compliance strategy. EXCLUSIONS: We will not test any systems that are related to the dispatch center for the Police department. Furthermore, we will not test any systems that are related to the Water and Wastewater departments' telemetry system. YOUR RESPONSIBILITIES THE CITY OF MERIDIAN will be responsible in devising the inventory technology list, prioritizing the list and developing a compliance strategy for each item. Furthermore, THE CITY OF MERIDIAN will be responsible in devising an inventory list that encompasses all other date sensitive technology not addressed in this engagement. THE CITY OF MERIDIAN will need to allow 30 to 40 minutes of down time per PC for installing and running the GMT Check 2000 software. THE CITY OF MERIDIAN will be solely responsible for approving all inventory lists for completeness, all prioritizing, and all compliance strategies. Furthermore, THE CITY OF MERIDIAN will be responsible for all continued testing and upgrading. PROFESSIONAL FEES The estimated consulting fee for this engagement will be $ 5,800. In addition the GMT check 2000 software is $55 per PC. We estimate that the approximately 55 PC's will need to be tested. Our invoices for these fees will be rendered at the completion of each phase and are payable on presentation. This fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encourrtered during this engagement. If any increase in fee is necessary due to unexpected circumstances, the reasons for the fee increase will be discussed with you in advance. WARRANTIES AND LIMITATIONS Warranties for the computer software products installed as a result of this engagement are provided solely by the manufacturer of the products. We offer no warranties, expressed or implied, regarding the functionality or capabilities of the software product. We offer no warranties, expressed or implied, concerning the ability of any hardware or software product, modified as a result of this engagement, to successfully proceed into the year 2000. Our sole responsibility is to provide the planning and assessment services described in this agreement. In no event will we be liable for damages in excess of the amount you pay us under this engagement. Consideration should betaken with the following Y2K related problems not addressed in this engagement: • Inventory list of all date sensitive equipment except for the PC's and PC software that is included in this engagement. • Contingency planning for failed systems. • Contingency planning for failed utilities; power, water and sewer. • Compliance testing of critical systems and critical data files. • Retrieval of information stored in a 20`~ century-only format. • Replacement of outdated systems. Y2K services not included in this engagement will require a separate contract and billing from this engagement. CLOSING We appreciate the opportunity to serve you. If the foregoing is in accordance with your understanding, please sign the copy of this letter and return the signed letter to us. Sincerely, ~ `~ ~ Steve Konkol THE CITY OF MERIDIAN June 7, 1999 RESPONSE: This letter correctly sets forth the understanding of THE CITY OF MERIDIAN Signature: Title: Date: Approved by City Council 7-6-99 Attested by: William G. Berg, Jr. -City Clerk _ ~~~ ~ ~~ ~~~ .~~~ ~~~ u;~:~ ^ 3' ATTACHMENT ~'.l~~l jc~ a~ June 21, 1999 Dear Mayor Corrie: The City Attorney has brought concerns about our limit of liability listed in the "WARRANTIES AND LINIITATIONS" section of the Y2K engagement letter. The limitation reads as follows, "In no event will we be liable for damages in excess of the amount you pay us under this engagement." We are specifically limiting our liability in this engagement because addressing the century change is unique. Ultimately, nobody knows exactly how the century change will effect electronic equipment. Thus, manufacturers and consumers must provide due diligence in addressing the Y2K problems to the best of their abilities. We are limiting our liability because we cannot certify The City's equipment since we do not know all of the issues that could result from the century change. We are only testing IBM compatible PC's using the GMT Check 2000 software tool. The City must decide on it's own the level of confidence it has in any compliance statement or any tests that are performed. Sincerely, '~~` Steve Konkol