1985-006-RES WHEREAS, the City Council of the City of Paris, did heretofore at a Regular Council Meeting on the 12th
RESOLUTION NO. 85-006
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, such agreement is in
proposals accepted upon reconnnendation
LWFW, and should be approved; and,
keeping with the
of the consultant,
WHEREAS, the form of agreement attached hereto as
Exhibit A, should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the agreement attached hereto as Exhibit A, with
Municipal Software Consultants, Incorporated, be, and the
same is hereby approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of
Paris, Joe Graham, 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, Incorporation.
Passed and adopted this 11th day of February, 1985.
J~~h~~
ATTEST:
Mattie Cunningham,
lty Attorney
APPLICATION SOFTWARE CONTRACT
BETWEEN MUNICIPAL SOFTWARE CONSULTANTS, INCORPORATED
AND THE CITY OF PARIS, TEXAS
This contract, made and entered into by and between Municipal
software consultants, Incorporated, a Texas corporation havings its
principal offices located in Grapevine, Tarrant County, Texas,
hereinafter referred to as "MSCI", and the City of pariS, located
in pariS, Texas, hereinafter referred to as "City".
WIT N E SSE T H :
Whereas, MSCI has developed a municipal application software
package specially designed for an IBM systern/36 hardware
configuration; and
whereas, after reviewing written proposals from a number of
firms, City
has determined that th_e application software package ..
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c,co..,..."r.l\Xo. c.;. """"(1(:") ...,t"l..\J....lf...h
MSCI, said written proposa1~lng attached hereto and made
proposed by
part hereof for all purposes4is the most suitable software package
. ) ",,,,,l 1....\" ...1E'" ~",;,,~ -.<.."d.I-O .. "Pil.Oi>M",-"1
for CltYl now therefore "
For and in consideration of the mutual covenants and benefits
to be derived hereunder, MSCI and City hereby agree as follows:
1. MSCI agrees to sell to City and ~ity agrees to purchase
from MSCI, the right and license to use MSCI's municipal application
software package, hereinafter referred to as the "Munis" package, upon
the terms and conditions set forth herein.
2. City understands and agrees that all MUNIS packages are
licensed copyright materials of MSCI, and as such, may not be
duplicated, used or disclosed in whole or in part by City for any
".
purpose other than the operation of city's computer system without
the prior written approval of MSCI. MSCI shall, and does hereby,
retain sole and exclusive ownership of all or any part of the MUNIS
package. city may utilize the MUNIS package acquired hereunder in
any manner deemed by city to be necessary and appropriate so long as
such use is limited to City's computer systems.
3. MSClagrees to sell to city and city agrees to purchase
package from MSCI, the right and license to use such MUNIS package at
the prices stated hereunder. such payments shall be made in the
manner set forth in section 5 below.
======================================================================
Module
Description
License Fee
Installation
Respons ib il i ty
======================================================================
General Ledger & $4, 600.00
payables Included at no charge
Arthur Andersen & Co.
Ambulance Billing
$5,800.00
$5,200.00
$3,900.00
$4,500.00
$4,600.00
$12,500.00
$4.000.00
$45,100.00
Arthur Andersen & Co.
utili ty Billing
Tax Billing
payroll/personnel
Arthur Andersen & Co.
Arthur Andersen & Co.
Municipal Software
Executrieve
Municipal Court
Municipal Software
police Information
Municipal Software
Municipal software
==========
Installation
Hours
Cost to Install
======================================================================
Executrieve
Included
Included
Police Information
90-120
$3,000-$4,000
$3.600-$4.800
$6,600-$8,800
Municipal Court
75-100
-------------
-------------
======================================================================
4. Installation. MSCI
for the Police and Municipal
agrees to perform installation services
) V[ ".01. A",,,,,l"G<. e,~,,,<.l
Court applicationS. Installation services
are defined as the loading of MUNIS programs on the City computer and
configuring said programs to insure proper execution on the City's
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computer,. ... At such point as MSCI determines said programs are """,,:r~c ,"
k:[ "'b(l>~~,l\. "J "ISCl ~ /)JlCI,..,J3e1?
41'\d. ~~"'\.,,'}, .,,, 't1J'.HA>t.L"I <<,l>'''''l'~ """5")'f\'l!~ 410 s.to....u", ''-1 T'<I. .c. l,. ~o IHI'! J H ~
operationally correct, City shall have the option to execute said... ";~.'r.;.w"
"TJ'lIl.tIi'ILD 7' rJ-l";' II.
programs to determine that the programs are deemed acceptable, at~~rrc~~~
time City shall inform MSCI in writing of such acceptance.
5. Deliverv of ApPlication and Documentation. All applications
contracted for hereby, whether initial or optional, and all documen-
tation related thereto and necessary installation assistance, shall be
delivered by MSCI to City within (30) days following written
notification by City. Provided however, MSCI shall within ten (10)
days following any such notification, deliver to City all System
overviews for each such application for which installation is
requested, plus Run Book Instructions therefore and System Control and
Back-UP Procedures. It is anticipated that City will notify MSCI/
Arthur Andersen for all initial applications in a manner to allow
installations to commence in accordance with the Implementation
Schedule as contained in the MSCI Proposal.
6. Applications Acceptance Criteria and pavment Schedule.
City shall make payments to MSCI for applications as follows:
a. 50% of the grand total application license fee as set
forth in Section 3 hereof upon execution of this Contract.
b. 40% of the application license fee for each individual
application, as set forth in Section 3, 30 day's following
delivery of each application. MSCI shall provide test
data that will produce demonstration output reports
for each application to establish successful execution,
at the request of the City.
c. 10% of each application for a total of $4,llO.00 will be
retained by the City until all application listed in Section
3 of this Contract are successfully installed and accepted
by the City.
d. City agrees to pay travel and per diem expenses within
30 days of invoice.
e. City agrees to pay invoices for Installation and
Training within 30 days, up to the amounts as specified in
Section 3, or for a greater amount than specified in
Section 3, given City has been appraised of such amounts
prior to completion of work and having given written
approval to MSCI.
7. Riqhts to Future Application uptions and Upqrades. In the
event MSCI shall produce any upgrades or enhancements which changes
the basic function of the licensed software after delivery of the
application hereunder, City shall have the right to obtain from MSCI
such upgrades or enhancements, at the lesser of: (a) prices then in
effect or (b) the difference between the then current price of the
application including such enhancements and the purchase price paid
"
. ("" .L' ^ t.J' 1'j~INTf,HJJ(;;
here~nunder "'R c:. J he.....~ ~blJ....t u..'I\/~f"" 4'" u..c. ,I, ~
f>,...~~~-tt'.L. \~ 't-'-'t r-Q.OOP~,Jla.I...
8. Compliance with written Proposal. The written proposal,6k~
1Je"'~.1\ 1<; Ilg
hereto submitted to City by MSCI, including, but not limited to, all
t\a..rf",rl".,:r a.~}
performance criteria, is hereby incorporated into this contract for
all purposes unless in conflict herewith. Such written proposal is
attached hereto and made a part hereof.
9. Performance Criteria and Warranty. MSCI represents,
warrants, and guarantees that (A) the application software proposed
herein is designed for and compatible with the IBM System/36 hardware
configuration: (B) the application software programs described in the
written proposal and this Contract will perform functionally as so
described, and (C) the sale of rights to City of MSCI's application
software does not infringe on any right of the third persons, includ-
ing, but not limited to, rights protected by patent or copyright.
10. MSCI agrees to modify the MUNIS package to conform to the
specifications as contained in the Proposal, as incorporated, to test
said changes and to deliver to City such modified software in conform-
ance with specifications at the hours and rates as contained below.
Total Hours-
Financial
85 Hours
Total Hours-
POlice/Court
150 Hours
Hourly Rate-
$40.00 =
$3,400.00 - Financial
$6,000.00 - POlice/Court
11. Termination of Business bv MSCI. Should MSCI cease to
operate as a business, or should MSCI assign its rights to this
.Contract to a third party, City shall, upon the happening of such
event, assume licensed ownership of all software for which City
has paid a license fee. In the event any of the foregoing
circumstances should occur prior to City's having installed all of
the applications contained in this Contract, whether initial or
option, City shall have the right and option to purchase each remain-
ing application for the amounts set forth in Sections 3 or 4, where
applicable, and upon such purchase such applications shall be
licensed property of the City.
Executed in multiple originals this 11th day of
February , 1985.
CITY OF PARIS
BY:
Joe Graham, Mayor
Attest:
H. C. Greene, City Clerk
MSCI
Attest: