1987-021-RES WHEREAS, the City Council of the City of Paris, did heretofore at a regular council meeting on the 12th
RESOLUTION NO.
87-021
WHEREAS, the City Council of the City of Paris, did
heretofore at a regular council meeting on the 12th day of
November, 1984, authorize the purchase of a municipal
application software package specially designed for an IBM
System 36 hardware configuration and the negotiation of a
contract for the same with Municipal Software Consultants,
Incorporated; and,
WHEREAS, part of the original proposal included Appli-
cation Software Maintenance Agreement, and it is time to
activate said program; and,
WHEREAS, the Application Software Maintenance Agreement
with Municipal Software Consultants, Incorporated attached
hereto as Exhibit A, should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Application Software Maintenance Agreement
wi th Municipal Software consultants, Incorporated attached
hereto as Exhibit A, be, and the same is hereby approved;
and,
BE IT FURTHER RESOLVED, that the Mayor of the City of
Paris, Billy Joe Burnett, be, and he is hereby authorized
and directed to execute on behalf of the City of Paris the
agreement in the form of Exhibit A, attached hereto, with
Municipal Software Consultants, Incorporated.
Passed and adopted this 9th day of February, 1987.
Bi~
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ATTEST:
~~-n~ \.~~~~
Mattie Cunning am, Cit er
APPROVED AS TO FORM:
J~~'om"Y
APPLICATION SOFTWARE MAINTENANCE AGREEMENT
BETWEEN
CITY OF PARIS
AND
MUNICIPAL SOFTWARE CONSULTANTS, INC.
THIS AGREEMENT, made and entered into this 2nd day of February,
1987, by and between the City of Paris, a Municipal Corporation
hereinafter called City, and Municipal Software Consultants, Inc.,
Computer Consultants, with offices at 212 East Franklin Street,
Grapevine, Texas, 76051, hereinafter called MSCI.
WIT N E SSE T H
WHEREAS, City has previously purchased certain computer
application software for its user system from MSCI; and
WHEREAS, City desires to utilize and to protect all
proprietary rights of said application software; and
WHEREAS, City desires to employ MSCl for providing
sustaining maintenance and application software upgrades; and
WHEREAS, MSCI has proposed acceptable terms for providing
maintenance and upgrading under an annual agreement basis.
NOW, THEREFORE, for and in consideration of the mutual coven-
ants and conditions hereinafter contained, City does hereby employ
MSCI to provide sustaining maintenance and application software
upgrade service and MSCI does hereby accept employment in accordance
with the covenants, conditions, definitions and terms which follow
together with any exhibits that are mutually approved, attached hereto
and made a part hereof.
EXHIBIT "A"
ART! CLE 1-
DEFINITIONS AND LOCATIONS
Section 1- Definitions
A. "Application Software" shall mean the source and object
code supplied by MSCI for the operation of all licensed
application software as outlined in the application software
contracts.
8. "User Svstem or Hardware" shall mean the equipment as out-
lined in the application software contract or equipment
delivered during implementation process to the City.
C. "Appl ication Software Uporades" shall mean improvements/
upgrades to the licensed application software which improves
the operating performance of the application software but
does not change the basic function of the licensed software.
MSCI will provide complete updates of application software
versions without additional charge, but reserves the right
to invoice for personne) time expended in the implementation
of the proposed upgrades.
D. "Application Support/Error Recoverv" MSCI provides support
on all applications as installed by MSCI as follows:
1. Provide periodic software updates distributed on
diskette with instruction for use and installation.
Updates are distributed with either an optional or
required installation status. Required updates must
be installed to stay within the base system.
2. Successful Implementation of periodic updates is userls
responsibility for programs not originally installed by
either MSCI or its agents.
3. Error Recovery (fi~ it support) will address all
problems encountered in running application software
provided to City by MSCI. Assistance will be
provided by phone, diskettes being mailed, and an on-
site visit by MSCI personnel if required. MSCI reserves
the right to bill for travel and per diem expenses for
Counties outside of Dallas, Denton, or Tarrant County,
Texas.
E. "Application Software Use" City shall have the right
to use the licensed application software on their
"designated equipment" only, without prior written
approval of MSCI.
Section 2- Locations
A. The user system hardware utilizing the application software
maintenance and upgrades is located at the City of Paris,
P.O. Bo~ 1037, Paris, Te~as 75460.
B. All notices and communications under this agreement are to
be mailed or delivered to MSCI as follows, unless the City
is otherwise notified:
Municipal Software Consultants, Inc.
212 East Franklin Street
Grapevine, Texas 76051
C. All notlces and communications under the agreement are to be
mailed or delivered to City as follows:
The City of Paris
P.O. Box 1037
Paris, Texas 75460
ARTICLE 11- SCOPE OF SERVICES
Section 1- General Reauirements
MSCI shall provide maintenance to application software and
application software upgrades in accordance with the following terms:
A. The agreement between the parties shall initially be for
a period of one year from the date of signing, and automati-
cally renewed. Either party may terminate the agreement by
giving written notice to the other party not less than
thirty (30)days prior to annual renewal anniversary date.
notice of termination, except for cause, shall not amend
duties,rights or liabilities that occur until date of
termination.
B. MSCI will maintain the licensed application software covered
by this agreement during the term of this agreement. MSCI
shall make available to the City all updated and revised
versions of the application software covered by this agree-
ment to the system which have been designed for it by MSCI.
C. MSCI will correct any error, however, if such is found to be
caused by modification to the application software by any
party other than MSCI or its agent, MSCI reserves the right
to invoice City for such service on a time and material
basis at current MSCI hourly rates plus per diem.
D. MSCI shall not be responsible for consequential damages
caused by program malfunctions.
E. MSCI shall provide express or implied warranty of updates
-to application software only if installed or modified by
MSCI, or its agent.
ARTICLE 111- PAYMENT FOR SERVICES
Section 1- Payment for Basic Services
The City agrees to pay monthly fees for software updates and
maintenance services charges per pricing described in Section 3. The
fee shall be reviewed each year prior to the renewal anniversary date
and written notice of any needed changes provided to the other party
not less than sixty days (60) prior to the effective date for revised
charges. All mutually agreed changes in fee charges shall be incorp-
orated by approved exhibit of this agreement. MSCI shall invoice the
City monthly for agreed monthly fees' and payment shall be made
within fifteen days (15) days of receiving said invoice.
Section 2- Payment for Additional Services
Any services provided as additional to the agreed provisions of
Article II of this agreement shall be invoiced on a time and material
basis at current MSCI fee rate plus per diem. All invoices for
additional services shall require approval, from the City, and
payment shall be made within fifteen (15) days of said approval.
Additional services typically address the needs of the City, for
consulting and custom programming. Hourly fees range from $45.00 to
$65.00 per hour based on the individual.
Section 3- Software Maintenance Pricinq
This includes telephone support, on-site support when required,
and periodic program updates.
Group Number
Description
Monthly Fee
1.
Financial Systems (Base)
$285.00
Includes General Ledger, Accounts
Payable, Payroll/Personnel, Utility
Billing, Tax Billing & collections.
2.
Misc. Accounts Receivable
Inventory
Work Orders
Building Permits
$55.00
3.
Fixed Assets
Vehicle & Equip. Maintenance
Street Paving ~ Assessments
$50.00
4.
Police Information
$65.00
5.
Publ ic Library
$55.00
6.
7.
Municipal Court
Emergency Medical Service
$ 35.00
25.00
This Agreement for Software Maintenance is for the Group(s) described
above and indicated below:
Group #
Accepted
( X' s)
Monthly Fee:
(From Schedule 3 Above)
--------
-.-------
--------
---------
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1
-X....__
?R~ no
2
4
x
50 00
65.00
3
y
5
6
7
x
X
Total Monthly Maintenance-
35.00
25.00
$ 460.00
ARTICLE IV- MISCELLANEOUS PROVISIONS
Section 1- Compliance of all Laws
The City and MSCI agrees that they will perform their
obligations hereunder in accordance with applicable laws, rules, and
regulations now and hereafter in effect. If any terms or provision of
this agreement shall be found to be illegal or unenforceable then, the
remainder whereupon as so amended shall remain in force and effect.
Section 2- Special Provisions
A.
Cessation of Business Riohts:
If MSCI or it's successor
company,shall for any reason, cease to conduct business,
this agreement shall automatically terminate, and no further
charges made pr services performed.
B.
Notices:
All notices under this contract shall be in writ-
ing and shall be deemed duly given; upon delivery to a party
hereto at the address hereinabove set forth or such other
address as specified by either party.
C. Authority: The City and MSCI have full power and
authority to enter into and perform this agreement, and the
person signing this agreement on behalf of each has been
properly authorized and empowered to enter into this
agreement.
D.
Assionment:
MSCI shall not assign or convey this agreement
to any other party without prior written consent by the
City. Any assignment or attempted assignment without
prior written approval of the City shall render this
agreement null and void.
IN WITNESS WHEREOF, the City and MSCI have executed this
agreement on date first above written.
APPROVED FOR
Ciry of P"ri"
<City, County, Etc.)
BY:
NAME:
Billy Joe Burnett
TITLE:
Uayor
DATE:
February 9T 19R7
ATTEST:
Mattie Cunningham, City Clerk
APPROVED FOR MUNICIPAL SOFTWARE CONSULTANTS, INC. BY:
NAME:
TITLE:
DATE:
ATTEST: