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1992-057-RES WHEREAS, the City Council of the City of Paris, did at its special meeting on September 26, 1991, in RESOLUTION NO. 92-057 WHEREAS, the City Council of the City of Paris, did at its special meeting on September 26, 1991, in Ordinance No. 91-047, authorize the purchase of equipment necessary to upgrade the present IBM System 36 computer system; and, WHEREAS, in order to upgrade the current system it is necessary to replace the main frames with an AS/400 main frame and additional software packages only available through United Systems Technology, Inc.; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that such upgrading be accomplished upon the terms and conditions shown on Exhibit A attached hereto and made a part hereof, and such contract should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the contract between the Systems Technology, Inc., in described in Exhibit A attached hereby approved. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed on behalf of the City of Paris to execute the contract attached hereto as Exhibit A. City of Paris the amount of hereto, be, and and United $14,500.00, the same is Passed and adopted this 13th day of July, 1992. ~~st+:r ATTEST: . '--N\~\' ~~\~~~WJ Mattie Cunning am, Cit C er APPROVED AS TO, FORM: // /' J' T. K. ~ z-:; ?.2'~- ity Attorney APPLICATION SOFTWARE CONTRACT BETWEEN CITY OF PARIS, TEXAS AND UNITED SYSTEMS TECHNOLOGY, INC. THIS CONTRACT, made and entered into this 13th Day of July , 1992, by and between City of Paris, Texas, hereinafter called Licensee, and United Systems Technology, Inc., at 3021 Gateway Drive, Suite 290, Irving, in the State of Texas, hereinafter called Licensor. This contract constitutes the entire agreement between the two parties. WITNESSETH With consideration of the mutual covenant and conditions herein-after, contained, Licensee does hereby accept the conditions which follow. 1. All licensed application software system{s) are the licensed copyright materials of Licensor and shall not be duplicated, used or disclosed in whole or in part for any purpose other than operation of the computer system of Licensee or unless written approval is obtained from Licensor. The application software licensed herein is designed for one or more of the following hardware systems (the specific hardware system for each purChased application software system is listed in Appendix A): IBM Application System/400 (AS/400) IBM System/36 (S/36) IBM RISC 6000 (RS/6000) IBM or 100% IBM-compatible Microcomputers (Micro) Although Licensor may adapt the application software to operate on other hardware systems, the Licensee may not use the licensed application software system{s) on any hardware system not specifically authorized in Appendix A. 2. Ownership of the licensed application software system{s) will be retained by Licensor. Licensee hereby agrees not to resell, trade or otherwise make the licensed application software system{s) available to any other person(s) or enterprise without the express written consent of the Licensor. 3. The licensed application software system(s) and restrictions, if any, is{are) itemized in Appendix A. 4. For and in consideration of the use of the licensed application software system{s) and other services to be rendered by Licensor, Licensee shall pay, and Licensor shall receive, compensation as follows: LXHIBIT A A. Application software license fees shall be due and payable upon execution of this CONTRACT. B. This CONTRACT shall be effective upon execution and shall remain in force for a term of ninety-nine (99) years. C. Installation and training hours will be billed as they are incurred. D. Reasonable and customary out of pocket expenses will be billed at actual cost, as they are incurred. 5. Licensor certifies that the licensed application software system(s) provided does(do) not infringe on others' patents, rights, etc. 6. Licensee address and contact is: CITY OF PARIS, TEXAS CONTACT/TITLE H. E. Anderson. Director of Finance ADDRESS P. O. Box 9037 CITY, STATE, ZIP Paris, TX 75461-9037 PHONE 903/785-7511 Ext. 241 THIS CONTRACT EXECUTED FOR CITY OF PARIS, TEXAS BY DATE: July 13. 1992 Michael E. Halone TITLE City Manager ATTEST Mattie Cunningham, City Clerk DATE: July 13. 1992 THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC. BY DATE: TITLE Vice President ATTEST DATE: PAGE 2 OF 3 APPLICATION SOFTWARE CONTRACT BETWEEN CITY OF PARIS, TEXAS AND UNITED SYSTEMS TECHNOLOGY, INC. APPENDIX A Notes Hardware Licensed Aoolication Software Svstemlsl (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) (1 ) Notes: AS/400 AS/400 AS/400 AS/400 AS/400 AS/400 AS/400 AS/400 AS/400 AS/400 License Fee Accounts Payable Budget Preparation Emergency Medical System Fixed Assets Records General Ledger Information Indexing Law Enforcement Management Information System (LEMIS) Payroll/Personnel Utility Billing and Collections Tax Billing and Collections Total $ 14.!iiQ.Q. (1) AS/400 Model 9406-E35. THIS CONTRACT EXECUTED FOR CITY OF PARIS, TEXAS BY DATE: July 13. 1992 Uichael E.' Malone TITLE _Ci ty Manager ATTEST ~1attie Cunningham, City Clerk DATE: July 13, 1992 THIS CONTRACT EXECUTED FOR UNITED SYSTEMS TECHNOLOGY, INC. BY DATE: TITLE Vice President ATTEST DATE: PAGE 3 OF 3