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HomeMy WebLinkAbout1982 r .+,k 11 IN-It V1W 6 c j~ 1 11~,rF .EY ~yrNib,r'Mr~.h/~4.,~~"IN"Rr GO r !•r L t~ + ~i it-~, { ~y ~ Y j{ ~ "f , ~y.`~.p.~7:~'T^' 6 S fZX'N1a ( f f b rr ,,,y ' Ir'Gf~r 1 y 1 'r~a^~ f ~r`M 'I'aiM1r 1 { f ~ "~Y. d „ G t i y . rf r.♦ ~ ; ~~Y v ~#l.~~ ~ • it • TJ?dSYSTE/11,5//K; Primary Agreement No. 75e, Support Services Job Order No. 3b31-- JOB ORDER FOR SUPPORT SERVICES 1. CLIENT: City of Denton 2. SUPPLEMENT: This Job Order for Support Services has been made and entered Into as of August 1 , 1982 , by Client and TRES and is a supplement to tFePTmary Agreement Number 758 , entered Into as of April 20 , 1981 3. JOB STATEMENT: Upon approval of this Job Order for Support Services by both parties, TRES is authorized to provide to Client consultation, training, education, minor customization, and/or major customization as periodically requested by Client in reference to the TRES Employee Information System and TRES Customer Information System. Charges for all such services provided hereunder will be invoiced to and paid by client under the TRES Standard Rate Schedule attached hereto and at such times as are specified in Primary Agreement 758. The Totel Estimated TRES Charges set forth in Article 4., hereinafter are hereby defined as representing an upper limit of corresponding services to be provided hereunder. TRES will not provide nor will Client accept services In excess of such total charges hereumder unless such excess is expressly agreed to in writing by both parties hereto. 4. ESTIMATED TRES CHARGES: (A Standard Rate Schedule(s) is attached) The est'mated TRES charges are: Professional Services $ 29,200 Computer Services Word Processing Reimbursable Expenses 800 Other total 30,000 S. AUTHORITY: EACH PARTY HAS FULL POWER AND AUTHORITY TO ENTER INTO, PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORIZED AND EMPOWERED TO ENTER INTO AND EXECUTE THIS AGREEMENT. EACH PARTY FURTHER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDFRSTANDS IT, AND AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, C.Ilent and TRES have executed this Agreement as of the date first Indicated above. TRES SYSTEMS, INC. CLIENT CITY OF DENTON By By Name ORREN Y. EVANS Name r • & Title PRESIDENT Title mQ ` Date AUGUST 23, 1982 Date 04.8204 :r 1 :mow STANDARD RATL SCHEDULE FOR USA STRICTLY CONFIDENTIAL Restricted to only those persons who have a specific need to know these rates. SYSTEMS REPRESENTATIVE LEVEL 1 2 3 4 5 HOURLY RATE 35 40 45 50 55 CONSULTANT LEVEL ±6 2 3 4 5 6 HOURLY RATE 70 80 95 110 125 TRES SECRETARIES, CLERICAL, AND PROOFING Without word processing equipment ;20.00 per hour. With word processing equipment $25.00 per hour. TRES KEYPUNCH OPERATORS (with keypunch machines) $20.00 per hour, REPRODUCTION 114 per copy Reimbursable expenses, which are justified as actually and necessarily 1 expended in connection with the performance of services for Client, are billed to Client at cost to TRES, These relmbursable expenses include Items such as tolephone, travel, per diem (lodging, food, personal), relocation expenses, and contracted keypunching. Rate classifications of personnel are subject to change from time to time due to promotions. TRES will notify Client, in writing, thirty days in advance of such changes in rate classifications. For existing agreements, this schedule is subject to change by TRES upon ninety days prior written notice. For new agreements, this schedule Is subject to change at any time, 16.8204 hcrrAWSYS4E117SAM Primary Agreement No. 758 ' .r; Amendment No. Licensed Materials Job Order No. A Licensed Materials Maintenance Order No. 001 LICENSED MATERIALS MAINTENANCE ORDER 41 1. CLIENT: City of Denton 01 41 2. SUPPLEMENT: This Licensed Materials Maintenance Order Number 001 0033 M has been made and entered Into as of October 1 , 19 82 C-Tram 04 04 and TRES and is a supplement to Primary Agreement umber 758 , made and 05 00 entered Into as of Aril 20 , 19 01 , and amended by Amendment oe 01 Number A tote Primary Agreement to Include Licensed Materials made 07 tM and enters Tnto as of A . ii 20 , 1981 and supplemented by 0e Ali the Licensed Materials Jo Or er Number(s) 001 09 10 11 3. MAINTENANCE PERIOD: This Licensed Materials Maintenance Order 111 IP ("LMMO") Is for either: 12 11 13 14 3.1. The initial maintenance period ending 14 14 19 4s 10 11 OR i6 fA 17 10 3.2. A subsequent maintenance period beginning 10 Wl o- obey. 1 19 82 and ending October 1 19 83 20 a1 21 Pit 4. CHARGES: The Licensed Matorials Maintenance Charges for this 2a D maintenance period are: 23 t 14 24 13 00 Charge Description Charge Amount 2s 26, 27 PQ Customer information system 12,000 2e 800 20 40 30 Al 31 08 V, 33 34, 00 35 3e S1 37 3s 30 Total Charges ---12 3 i 06.1204 t BMW Primary Agreement No, 758 Amendment No. A Licensed Materials Job Order No. 667 Licensed Materials Maintenance Order No. 6M 01 INVOICING: If applicable, along with this I.MMO, TRES will include an 01 0? Invoice since the LMMO charges are payable In advance. The LM€ O charges 02 03 are net charges. There shall be added to all charges hereunder all taxes that 03 04 are applicable to this Agreement or any services or material provided 04 00 hereunder, or which are measured directly by payments made under It and are 05 04 required to be collected or paid to taxing authorities by TRES. Such provision 00 07 shall, however, exclude taxes based on TRES's net Income. 07 08 08 00 In the event that TRES provides services to the Client during the maintenance 09 10 period which are billable, TRES will invoice Clieiit monthly for all manhours 10 11 worked and reimbursable expenses (reference Standard Rate Schedule 11 12 attached). Invoices will be submitted by TRES on or .hefore the tenth working 12 13 day of the month for hours worked and expense, Incurred during the prior 13 14 month. 14 14 15 lA 6. PAYMENT: Payment terms are net cash In t1:3A dollars, payable to TRES 16 17 at Its offices In Dallas, Texas, within thirty (30) days of postmarked date of 17 10 invoice, Late payment charge Is the lesser of 1.51 per month or the maximum 18 10 amount allowed under applicable usury laws. 19 24 20 21 7. STANDARD MAINTENANCE PROVISIONS: 21 22 n 23 7.1, For as long as the Client has prepaid the maintenance charge and 23 24 either is paying or has paid the License Charge, then during the 24 24 maintenance period TRRES will: 23 2A 28 >s7 7.1.1. Supply temporary and/or permanent corrections or make 27 reasonable attempts to provide emergency bypass procedures if a 28 20 problem is Identified in the Licensed Materials which ylalds '.ncorrect 29 30 results and if TRES diagnoses the problem as a defect in a current, 30 31 unaltel•ed release of the Licensed Materials. 31 33 7.1,2. Provide the Client, .9i no charge, any known problem solutions 33 34 relating to the Licensed Materials, as said solutions become known to 34 34 TRES. 30 :3d 36 37 7,1,3. Provide Modifications to the Licensed Materials to accommodate 37. 30 any new IBM Operating System releasLA, provided the hardware 3e 30 Instruction set and/or Operating System remains upward compatible and 39 40 further provided TRES has available to It all the i,ecessary information 40 41 regarding the Operating System release and TRES has Installed and 41 42 o erated said Modifications for its own use or for the use of any other 42 43 client of TRES at the time Client requestr, In writing, said 43 44 Modifications, Such Modifications shall be provided to Client at no 44 45 charge, subject to other provisions herein, as so( n as possible after 46 46 the Licensed Materials update incorporating such Modifications is 48 47 released for general distribution. 47 I is .z_ 06.8204 AL- mil Primary Agreement No. 758 Amendment No. A Licensed Materials Job Order No. 001 Licensed Materials Maintenance Order No. -001 01 7.1.4, Provide (subsequent to the Initial Maintenance Period) the 01 02 Client with up to sixteen (16) hours per year of on-site consultation 02 al by a TRES Professional Staff Member(s) to provide general 03 04 consulting, system performance evaluation, retraining, and other such 04 06 consulting/nonprogramming activities as may be required. Client will 05 06 be charged only for expenses incurred, such as travel and living 08 01 expenses, 07 (A 08 ou 7.2. Notwithstanding the foregoing, however, Client understands and oe 10 agrees that the complete and sole responsibility for the maintenance of the 10 11 Client's installed version of the Licensed Materials remains with the Client 11 12 and Client shall be responsible for installation of all corrections, problem 12 1:3 solutions, Modifications, and other changes to the Licensed Materials 13 14 provided by TRES hereunder, However, upon request of Client, TRES 14 14 will deliver and install program corrections and Modifications at the Client 16 10 site and will Invoice Client at TRES's then standard rates for labor, and 18 17 for travel and expenses for this service. 17 10 16 14 7,3, TRES's correction of errors in program code In a current, unaltered 19 2A relecse of the Licensed Materials that TRES has delivered to the Client is 20 21 subject to the following conditions: 21 92 22 2s! 7,3.1. Errors will be reported to TRES by an authorized 23 24 representative of the Client. Initial reporting may be by telephone or 24 21 whatever means deemed expedient by the Client. 26 24 26 27 7,3,2. Should it be determined that TRES will be unEble to resolve 27 2A the problem with the Information provided Initially, velthln twenty-four 28 (24) hours, not to Include weekends and holidays, of receipt of the 29 Initial report, TRES shall advise Client to forward additional 30 01 Information accompanied by the Error Reporting Form, an example of 31 Ok which Is attached. Requested information could include all necessary 32 and applicable documentation, data flies, listings, console logs, and 33 34 the like. 34 34 36 W 7.3.3. TRES will make a reasonable effort to provide a temporary 38 37 correction and/or permanent correction or provide an emergency 37 30 bypass procedure to Client within five (5) working days of receipt of 38 30 Initial report. If more time or data. Is required by TRES for 39 40 correction, TRES will Inform Client of TRES's proposed course of 40 41 action and will provide Client with a proposed target date for 41 42 completion of the correction. TRES may request such additional 42 43 computer runs as are necessary to duplicate the conditions at the time 43 44 of the error and to provide additional necessary diagnostic 44 45 information. If the Client requires a more rapid response time than 45 48 the target date for completion of the correction proposed by TRES, 48 47 then TRES will endeavor to meat such sooner date for completion of 47 48 the correction but will Invoice Client for all labor time actually spent 48 49 for travel and for expenses, 49 63- F 06.8204 Primary Agreement No. 758 Amendment No. -W~ Licensed Licensed Materials Job Order No, 001 Materials Maintenance Order No. -on- 01 7.3.4. TRES will invoice Client at TRES's then standard rates for o1 02 labor, as well as for travel and expenses, incurred for analysis of any 02 i 03 errorr, or other conditions not caused by an error in a current, 03 04 unaltered release of the Licensed Materials. These include, but are not 04 06 limited to, data errors, program cu-'omlzation, operator errors, system 06 06 misuse errors, hardware or operating %ystem malfunction, noncurrent or 00 07 nonstandard versions of hardware or , , rating system, later changes of 07 06 hardware or operating system which ra 'Ire changes in program code, oe 09 and failure to inccrporate corrections operating system upgrade 09 10 modifications previously supplied by TRES. to 11 11 12 8, EACH PARTY HAS FULL POWER AND AUTHOIdTY TO ENTER INTO, 12 13 PERFORM, AND EXECUTE THIS AGREEMENT, AND THE PERSON SIGNING THIS 13 14 AGREEMENT ON BEHALF OF EACH HAS BEEN PROPERLY AUTHORIZED AND 14 15 EMPOWERED TO ENTER INTO AND EXECUTE THIS AGREEMENT. EACH PARTY 16 16 FURTHER ACKNOWLEDGES THAT IT HAS REAM THIS AGREEMENT, 16 17 UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IN WITNESS HEREOF, 17 IS Client and TRES have executed this Agreement as of the date first Indicated 18 19 above. 19 TRES SYSTEMS, INC. CLIENT ciTx of DENTON By y -111 Name DARNELL ALBERS Name Title EXECUTIVE VICE PRESIDENT Title Date OCTOBER 21, 1982 Date -4- 08.8204 y'