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1998-106 NOTE Ordinance No. 98-376 - Change Order #1 NOTE. Ordinance No 2000-275 - Change Order #2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH N HARRIS COMPUTER CORPORATION, RELATED TO THE ACQUISITION, LICENSURE AND MAINTENANCE OF COMPUTER EQUIPS, SOFTWARE AND SUPPORTING INFORMATION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $300,150, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S~ That the City Manager m hereby authorized to execute certain agreements vath N Hams Computer Corporation related to the acxlummon, hcensure and maintenance of computer eqmpment, software and supporting mformat~on, under the terms and condmons contained rattan smd agreements, copies ofwbach are attanhed hereto as Exhibit A ~ That the expenditure of funds m support of smd contracts Is hereby authorized from funds budgeted for that purpose , m an amount not to exceed $300,150 ~ That th~s ordinance shall become effective lmmed~ataly upon ~ts passage and approval PASSED AND APPROVED tl~s the~_~/day of ,1998 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY i AGREEMENT FOR THE ACQUISITION AND SUPPLY OF COMPUTER HARDWARE~ SOFTWARE AND RELATED SERVICES BETWEEN: N. HARRIS COMPUTER CORPORATION, having its head office at 117 Centrepolnte Drive, State 200, ~n the C~ty ofNepean, ~n the Prownce of Ontario, (hereinafter called "HARRIS") OF THE FIRST PART THE CITY OF DENTON, located at 215 E McKmney, the c~ty of Denton, an the State of Texas, (hereinafter eallad "THE CUSTOMER") OF THE SECOND PART SubJect to the terms and condat~ons prowded m thxs Agreement, HARRIS here~n agrees to supply a computer system comprised of the components set forth m the attached Schedules "A" and "B" and "C" Schedules "A", "B" and "C" shall form part of this contract In eonsxderatmn of the mutual covenants hereto, the part~es hereto now agree as follows 1 The recttals set forth above are confirmed to be true and incorporated ~nto this agreement 2 Thts agreement shall continue m full force and effect and shall survive the supply, dehvery and installation of the system Acqms~tl~n Agreement 3 The system shall be composed of the hardware set out in Schedule "A", the application software and optional application software set out in Schedule "B", and the services as defined by Schedule "C" attached hereto, all of which form part of this agreement 4 The full and complete purchase price of the system, including hardware as detmled m Schedule "A", and software license fees as detailed in Schedule "B", excluding any applicable State Taxes, is $300,150 00 U S The purchase price shall be payable as follows Hardware, Licensing, Port Charge and Data Conversion 50% on contract signing 50% on installation / completion Software License and Implementation 20% on contract slgmng 30% of each package on installation 20% of each package after trauung 30% of each package on Cut-Over For the purposes of this agreement, Cut-Over shall be defined as the mutually agreed upon date, when the CUSTOMER places Primary mhance on HARRIS Software Application as opposed to any previously used application software 5 The hardware is to be delivered to THE CUSTOMER'S site w~thin 120 days of contract signing 6 THE CUSTOMER agrees that loss or damage to the system by fire, theft, or misuse while in the possession of THE CUSTOMER, shall not relieve THE CUSTOMER from makmg the payments provided for herein and should therefore adequately insure the system 7 HARRIS warrants that the hardware shall be free from defects and workmanship for a period of one year from date of installation of the hardware at THE CUSTOMER'S office, and that the software shall be free from defects in material, content and workmanship for a period of one year from date of Cut- Over THE CUSTOMER'S remedy, and HARRIS' liability, dunng tlus first year, under the foregoing shall be to repair or replace the defective item, providing THE CUSTOMER agrees to give HARRIS prompt notate of any defect Acquls~tlO~n Agreement 8 HARRIS agrees to provide on-site trtumng for the software systems listed in Schedule "B" at the cost stipulated in Schedules "B" All other or additional trmnmg will be chargeable at the follovang dmly rate $750 per day, plus reasonable and necessary expenses as incurred from the head HARRIS office 9 HARRIS agrees to provide THE CUSTOMER w~th service for the hardware, and mmntenance for the software ~n accordance with the terms and conditions set out in the "Hardware and Softzware Maintenance Agreement" wluch forms part of this agreement Prices for both hardware service and software maintenance are based on THE CUSTOMER entenng into an agreement with HARRIS for both Should THE CUSTOMER elect not to enter ~nto an agreement w~th HARRIS to supply either the hardware service, or the software mamtenance, then HARRIS reserves the right to amend pricing 10 THE CUSTOMER is entitled access to the HARRIS source code as defined in the "HARRIS COMPUTER SYSTEMS MUTUAL NON-DISCLOSURE AGREEMENT" 11 All warranties, representations, terms and covenants given hereto shall survive and not merge on the delivery of any of the equipment hereto 12 No fmlure or delay on the part of e~ther party ~n exemls~ng any power or right hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or power preclude any further or other exercise thereof or the exercise of any other right or power hereunder, no modfficat~on or wmver of any provision of ttus agreement nor consent to any departure by either party therefrom will m any event be effective untal the same will be in wrmng and then such wmver or consent will be effective only m the specific ~nstance and the purpose for whmh it was given No notice to or demand on, e~ther party m any case will entffie such party to any other or further not,ce or demand ~n s~mflar or other circumstances 13 In the event Contractor has fmled to perform any substantial obhgat~on to be performed by the Contractor under this agreement, and thirty (30) days after written notice of smd fatlure to perform is provided to Contractor smd failure has not been cured, then CUSTOMER may w~thhold all money due and payable to Contractor, w~thout penalty, until such fmlure to perform ~s cured or otherwise adjuchcated At CUSTOMER'S option, following that thirty (30) day notme CUSTOMER may demand a full refund of all sums prod, whmh shall be refunded vathm 30 days Time is of the essence Th~s provismn apphas to all prowsions oftlus contract except that deahng vath Custom~zed Software 14 HARRIS agrees to submit itself solely to the junsdmtion of the courts of the State of Texas vath respect to stats arising in connection with this contract 3 Acqms~t~on Agreement THE CUSTOMER acknowledges that it has read thru agreement, understands it and agrees to be bound by ~ts provisions ACCEPTANCE N. HARRIS COMPUTER THE CITY OF DENTON CORPORATION N~than R0tk Ted BenavldeS Prtnted Name Prtnted Name Premdent~; c~ty Manager Title Title Date Date 4 Acqulslt~OI~ Agreement SCHEDULE "A" - Hardware Configuration and Charges THE CITY OF DENTON'S CURRENT RISC/6000 Software port charge $10,000 00 NOTE 1 The City of Denton will be responsible for providing Harris with the current version of their AIX Operating System, version V-492 3, for Harris internal performance testing and support NOTE 2 The City of Denton will pay Hams tame and materials for any configuration reqmrements to Denton's RISC/6000 All expenses wall be pre-approved Tame shall be billed at the follov~ng rate $120 per hour, up to $750 per day, plus reasonable and necessary expenses as recurred from the head HARRIS office CASH MANAGEMENT SYSTEM $10,500 00 5 Cash Management Stations, each including - M-F Cash Drawer - Intermec Bar Code Reader - Epson Receipt Printer NOTE For each 5 cash stations, The City of Denton will be responsible for the expense of a terminal or PC The terminal or PC as required to interface to the Hams System The PC must have at least a 486 processor SYSTEM PRINTER $9,400 00 Gemeom 4490 Primer 1400 lpm TOTAL ~il)WAI~ COST $29,900.00 Acqmsttlo~ Agreement SCHEDULE "B" - Licensed Software, Services and Charges SOFTWARE TOTAL $125,750 00 TRAINING TOTAL $33,750 00 TOTAL MISC LICENSE COSTS (150 USERS) $97,500 00 Ad&nonal GUI Lwenses are avadable on a one-up bas~s for $650 O0/user TOTAL HARDWARE and PORT COSTS $29,900 00 DATA CONVERSION AND PROJECT MANAGEMENT $13,250 00 TOTAL $300,150.00 ' ' 6 Acqumtmn Agreement N. HARRIS COMPUTER CORPORATION LICENSE AGREEMENT N. HARRIS COMPUTER CORPORATION (hereinafter called HARRIS), with offices at 117 Centrepomte Drive, State 200, m the City of Nepean, ta the Province of Ontario, grants a perpetual and non-exclusive right to use the computer software itemized below to Full Name THE CITY OF DENTON (hereinafter called "THE CUSTOMER") Address 215 E MelQnney Denton, Texas 76201 Phone Number (940) 349-8220 THE CUSTOMER agrees to the terms and conditions set forth in this agreement and agrees to pay a Lmense fee to HARRIS for the use of the Software The Software (hereinafter called the Licensed Software) itemized as follows DESCRIPTION As listed In Schedule "B' of the agreement for the Acquisition and supply and any and all additional software packages it may purchase from HARRIS subsequemly is solely for THE CUSTOMER'S own internal business purposes at the address identified above, and only on the following designated CPU (indicated both CPU model and serial number) CPU Model Serial No Supplier Full Name N Hams Computer Corporation (hereinafter called "HARRIS") Address 117 Centrepointe Drive, State 200 Nepean, Ontario K2G 5X3 Phone Number (613) 226-5511 License A~reoment ' ' 1 1 The right to use the Licensed Software as provided for an tins agreement shall remoan an effect for an unhmated period unless terminated as provaded herein 2 THE CUSTOMER agrees to hold the Laeensed Software m confidence for HARRIS, to the extent that the CUSTOMER may legally do so THE CUSTOMER further agrees the disclosure of the L~eensed Software or any portion thereof (including methods or concepts utflazed thereto) shall be hmated to THE CUSTOMER'S own employees and that at is THE CUSTOMER'S responsabflaty to admomsh ars employees not to breach this confidentiality THE CUSTOMER shall appropriately notify each person to whom any such dasclosure as made that such dasclosure as made m eonfidance and shall be kept m confidence by ham THE CUSTOMER further agrees to take all reasonable precautaons to prevent d~selosure to other partsas Notinng m th~s paragraph shall prevent the normal exchange of information between utfllttes 3 THE CUSTOMER agrees that it has no rights wath respect to the Laeensed Software other than those rights granted by tins Laeense Agreement and the Agreement for the acquasataon and supply of computer hardware, software and related services to winch thas as a schedule, and that HARRIS as and shall be exclusively entatled to all patents, copyrights, trade secrets, trade mtmes, regastered or unregistered, and all other rights, franchises, and licenses an respect of the Licensed Software m CANADA and m all other places 4 THE CUSTOMER agrees that at will not use or grant any rights to use the Licensed Software or any portaon thereof except as authorized herein, and that it will not make or have made, or permat to be made, any cop~es winch are not necessary to the use by THE CUSTOMER for which rights are granted hereunder THE CUSTOMER agrees each necessary copy shall contmn the same proprietary notices or legends which appear on the L~eensed Software or winch are applicable to such portions thereof 5 Neather the Licensed Software nor flus License Agreement may be assagncd or othervasc transferred except that THE CUSTOMER may temporarily transfer the Licensed Software to another CPU ffthe CPU on winch the Laeansed Software as first used malfunctions Such transfer shall be allowed only until the original CPU is fixed If THE CUSTOMER wishes to transfer the onganal CPU to a new address HARRIS must be notafied of the new address TERMINATION 6 THE' CUSTOMER agrees HARRIS may ammedlately termanate tins License Agreement m the event THE CUSTOMER foals to observe the terms and condmons set forth hereto and foals to remedy the Breach w~tinn fifteen (15) days after receipt of written notice from HARRIS or ars authorized representatave In the event of unauthorized use or transfer of the Licensed Software by THE CUSTOMER, HARRIS will be entitled to equitable relief as well as money damages License Agreement 2 7 In the event tlus Laeense Agreement Is terminated an accordance wath clause 6 of thas Agreement, THE CUSTOMER agrees to provade HARRIS wath a sagned and dated written notaee that THE CUSTOMER has destroyed all of their copies of the Laeensed Software Such not~ee must be received by HARRIS w~than fifteen (15) calendar days following notice of termination 8 HARRIS agrees THE CUSTOMER may ammedlately terminate ttus License Agreement m the event HARRIS finis to observe the terms and condatlons set forth herein and finis to remedy the Breach within tharty (30) days after receipt of written notice from HARRIS or its authorized representative GENERAL 9 Neither party shall be deemed to have assented to any variation in the terms of this Agreement or to different terms unless such assent includes an express wmver of the applicable terms ofthas agreement, is m wnttng, and as signed by all parties Moreover, any waiver as only for the particular matter specified herean and shall not constatute any wmver of any other terms oftlus Agreement 10 Thas Laeense Agreement contmns the enttre License Agreement between HARRIS and THE CUSTOMER wath respect to the subject matter thereof as ofats date 11 Thas Lmense Agreement and the Agreement for the acqarsltlon and supply of computer hardware, software, and related servaces to whmh this is an attachment, covers the entare terms and condlttons by which THE CUSTOMER may have possession of the Laeensed Software 12 HARRIS agrees to submat atself solely to the junsdmtlon of the courts of the State of Texas with respect to suits arasang m connection with this contract THE CUSTOMER acknowledges that at has read this agreement, understands it and agrees to be bound by its provasaons Ltcense Agreement 3 ACCEPTANCE N. HARRIS COMPUTER THE CITY OF DENTON CORPORATION Per Nathan Rglk Ted Benav ~ des Printed Name Prtnted Name President C~ty Hanaqer Title Title Date Dat~ L~cense Agreement 4 HARDWARE & SOFTWARE MAINTENANCE AGREEMENT BETWEEN: N. HARRIS COMPUTER CORPORATION, having ~ts head office at 117 Centrepo~nte Drive, Suite 200, ~n the C~ty ofNepean, m the Province of Ontario, (hereinafter called "HARRIS") OF THE FIRST PART THE CITY OF DENTON located at 215 E McKlnney m the C~ty of Denton, m the State of Texas, (hereinafter called "THE CUSTOMER") OF THE SECOND PART HARRIS agrees to perform Software Maintenance upon the terms and con&t~ons hereinafter set out 2 Service and Maintenance shall be provided by HARRIS for a period of one year, commencing one year after Cut-Over. HARRIS guarantees the avallabthty of Hardware Service and Software Maintenance at current prices for a period of three years from contract date For the purposes of th~s agreement, Cut-Over shall be defined as the mutually agreed upon date, when the CUSTOMER places Primary reliance on HARRIS Software Appheatlon as opposed to any prewously used apphcat~on software '~ 1 Mamtenance Agreement TIlE CUSTOMER may terminate the Service and Mmntenance Agreement anyUme after one year after Cut-Over THE CUSTOMER must provide thirty (30) day notice for such termination 3 If THE CUSTOMER retains HARRIS' Service and Maintenance for more than one year, THE CUSTOMER shall pay to HARRIS the Service and Maintenance charges more particularly set out m Schedules "A", "B" and "C" There ~s no maintenance fee durmg the one year warranty period which commences upon Cut-Over It is understood that a) The Hardware Service charges itemized m Schedule "A" shall be ~nvolced monthly m advance, during the terms of the contract b) The Software Maintenance charges itemized ~n Schedule "B" shall be invoiced annually in advance All other charges for software development not covered under this agreement, shall be invoiced by HARRIS m accordance with HARRIS' normal lnvmclng procedures, as shown m section "3c" below c) All invoices shall be due and payable within thirty (30) days from the date thereof 4 HARRIS agrees to Service the hardware, and Maintain the software dnrlng the term of this contract "Service and Maintenance" shall be defined to include the following a) The provision of remedial service and maintenance as requested by customer, during THE CUSTOMER'S normal bus~ness hours, more particularly defined as the period from 8 00 a m to 5 00 p m Central Standard TLme, dally, Monday through Friday, excluding Umted States statutory hohdays b) The provision of preventative maintenance as ~n the oplmon of HARRIS or THE CUSTOMER is reqmred to comply with manufacturer's specifications and to maintain the equipment in good operating condmon c) The provision of new or the eqmvalent parts found by HARRIS to be necessary to mamtam the equipment in good operating condition, including all labor necessary for replacement parts, adjustments, cleamng and lubncatmn HARRIS will advise THE CUSTOMER of such necessary service d) The provision of loaner sub-systems to ensure maximum equipment utfl~zation Maintenance Agreement 2 e) The provlsmn of technical service such as (I) diagnosing errors, malfunctions, and defects, (u) providing technical services to correct any errors, malfunctions, and defects, (m) helpmg keep software m compliance with any hardware changes that are pre-authorized by HARRIS Enhancements, modifications, and additions to software are free of charge when mandated by State or Federal law Addmonal programming, when requested by The Customer, may require additional cost dependmg on the nature of the changes "Service and Ma'mtenance" shall be deemed not to include the following a) The provision of Hardware Service and Software Maintenance by HARRIS during periods outside HARRIS' normal business hours, as defined herein b) The provision of labor, parts and other expenses necessary to repair damage caused by 1 Attempts by THE CUSTOMER or other non-HARRIS personnel to Maintain or repair the equipment 2 Accident, negligence, or other causes external to the operation of the equipment itself 3 Servicing of modifications, or accessories or devices added to the equipment by THE CUSTOMER or at THE CUSTOMER'S direction, except by mutual agreement in writing between HARRIS and THE CUSTOMER. 5 In the event that THE CUSTOMER requests Service as a result of malfunction for any otherlcauses more specifically def'med in Paragraph 4 ii) herein, HARRIS shall subrmt to THE CUSTOMER an estimate of the charges required to place equipment m good operating condition, and THE CUSTOMER shall pay HARRIS for such Service as it authorized at HARRIS) standard rates for labor, parts, and other charges Mamtcna~lce Agreemont 3 6 HARRIS agrees to Maintain the software more particularly described m Schedule "B" during the term of th~s contract "Software Maintenance" shall be defined to include the following a) The provmon of support as requested by THE CUSTOMER to respond to emergency calls of suspected software failure within one (1) hour during THE CUSTOMER'S normal business hours, more particularly defined as the per~od from 8 00 a m to 5 00 p m Central Standard T~me, dally, Mondays through Fridays, excluding United States statutory hohdays Harris wtll maintain a sufficient number of lines and representatives to answer calls b) Determine the cause of the suspected failure and take corrective measures ff the failure ~s determined to be caused by ~ errors m the supphed software (operating system, processors, utlhtles and programs, routines, source codes, object codes, and related software and services ) u destruction of the integrity of data due to hardware fadure, power failure or other reasons beyond the reasonable control of THE CUSTOMER. c) Changing file s~zes d the supphed file structure proves inadequate d) Providing adwce as to the usage of the apphcat~on systems supphed by HARRIS e) Implementing new vemons of the apphcat~on software packages, exclusive of training, as and when they become available Such new versions may include, but not be lnmted to, mo&ficat~ons reqmred due to changes in State or Federal Laws 7 Software Maintenance shall be deemed not to include the following a) The prowslons of Software Maintenance by HARRIS during per~ods outside HARRISt normal business hours, as defined here Phone support outside of normal business hours, when avadable, shall be at no ad&t~onal charge HARRIS makes no representation as to the avallab~hty of outside normal hours phone support b) The prowslon of labor, and other expenses necessary to correct errors caused by attempts by THE CUSTOMER or other non-HARRIS personnel to change or correct the software n accident, neghgence, or other causes external to the operation of the eqmpment ~tself ut The Agreement shall not cover any apphcat~on programs not developed by HARRIS or any programs which are using files which are being mo&fled by programs not developed by HARRIS unless Harm pre-approved the apphcat~on program Maintenance Agreement 4 iv The Agreement does not cover enhancements or modifications to application programs other than as provided, except to make such programs perform to the ,standard accepted by THE CUSTOMER, as defmed by HARRIS' response to ~THE CUSTOMER's Request For Proposal 8 In the event that THE CUSTOMER requests software support, or development over and above what is covered in this Agreement, as defined in Paragraph 4 and 7(a) herein, HARRIS shall submit to THE CUSTOMER an estimate of the charges required for this software support or development and THE CUSTOMER shall pay HARRIS for such software as it authorized, at either a fixed price or on a per diem basis as agreed upon by HARRIS and THE CUSTOMER Per diem rates shall be $750 00 per day plus reasonable and necessary expenses as incurred from the HARRIS head office 9 In the event that THE CUSTOMER requests servicing of the hardware or maintenance of the software by HARRIS outside HARRIS' normal business hours, labor will be chargeable by HARRIS as well as travel time and expenses, at HARRIS' standard rates HARRIS agrees to provide such Software Maintenance subject to availability of its personnel Charges for Software Maintenance provided outside of HARRIS' normal business hours as defined here shall be at HARRIS' standard rate of $120 00 per hour computed to the nearest one-half hour, with a mmunum charge per call based upon a two-hour period 10 The parties agree that this service contract has been entered by both parties on the assumption that the equipment and HARRIS software shall remain at 215 East McKmney, Denton, Texas during the term of the contract If at any tune during the period of this contract, THE CUSTOMER requires the main eqmpment including cables to be relocated either within the existing premises or at a new site, THE CUSTOMER agrees to notify HARRIS and both parties will collectively agree as to the necessity of HARRIS' involvement to move the equipment, including uncabhng and recabhng if necessary Shoul~l HARRIS' service be retained, THE CUSTOMER shall pay HARRIS its standard rates for labor expended m connection with the relocation of the equipment, and shall give HARRIS reasonable notice of ~ts intention to move the said equipment In the event that the ec~mpment as moved by THE CUSTOMER or by non-HARRIS personnel, without the agreement of HARRIS, then any resulting damages shall be billable 11 In order to facilitate the performance by HARRIS of its obligations pursuant to this contract, THE CUSTOMER shall be responsible for following proper operating procedures including but not hnnted to a) nuuntammg adequate backup using HARRIS' procedures provided with the system and ensuring that data entered since the last backup can be reconstructed, b) controlling the file usage and packing files as required, using HARRIS' procedures provided with the system, Mmntenan~e Agreement 5 c) provide HARRIS personnel with full and free access to the equipment, including all necessary worlang space, heat, hght, ventilation, and electrical current and outlets at no cost to HARRIS, d) notify HARRIS forthwith of any eqmpment failure 12 THE CUSTOMER agrees that HARRIS' habfllty for any breach of warranty, expressed or lmphed (including w~thout lmutatmn of the foregoing any warrant~es of merchantability or fitness), and for HARRIS' liability of any kind, including habfl~ty of neghgence w~th respect to the performance of serwce hereunder and all other performances by HARRIS under or pursuant to th~s agreement, shall be hmlted to the correction by HARRIS of any defecUve mmntenance service by restonng the eqmpment to good operating condition and shall not include habfllty for lost profits, incidental or consequential damages, or for any claim or demand against THE CUSTOMER or any other party To the extent that ~t may legally and constltuuonally do so, THE CUSTOMER agrees to hold HARRIS harmless for any injury to the person or property of, or for any loss, expense, or damage recurred by, any employee, customer, mwtee of THE CUSTOMER or of any other person or party, except agents or employees of HARRIS, however caused, and whether such injury, loss, expense or damage appears prior to or subsequent to the commencements date of th~s contract, If such injury, loss, expense, or damage arises m any manner out of or connected with the equipment maintained or with the service provided hereunder or otherwise out of HARRIS~ performance out of or pursuant to this agreement THE CUSTOMER'S obhgatlon to lndemmfy HARRIS will not apply to any damages recurred by HARRIS due to the acts of 1ts agents or employees This provision m no way lumts or affects the representations and/or warranties prowded by Hams to THE CUSTOMER pursuant to the License Agreement or the Agreement for Acquisition and Supply of Computer Hardware, Software, and Related Services Maintenance Agreement 6 13 Neither party shall have the right to assign any rights or obhgatlons pursuant to this contract without the written consent of the other party hereto, provided however that a successor m interest as a result of a merger, assignment, purchase or other transfer of the entire undertakmg of either party shall acquire all interest of such party hereunder 14 The parties agree that there ~s no representation, warranty or collateral con&tlon affecting th~s agreement other than as expressed herem m writing Schedules "A", "B" and "C" shall form part ofth~s contract The terms and condmons of th~s agreement shall prevail notwithstanding any variance of the terms and conditions of any order submitted by TIlE CUSTOMER, and this agreement shall not be deemed or construed to be mo&fled, amended, rescinded, canceled or waived m whole or m part, except by agreement in writing executed by both of the parties hereto 15 HARRIS agrees m submit itself solely to the jurisdiction of the courts of the State of Texas with respect to suits arising m connecUon w~th th~s contract Maintenance Agreement 7 ACCEPTANCE N HARRIS COMPUTER THE CITY OF DENTON CORPORATION Per ~ Per Nathan R01k Ted Benav 1 de s Printed Name Printed Name Prestdent Clty Manager Dtle Title ! Maintenance Agreement SCHEDULE "A" - ANNUAL HARDWARE MAINTENANCE COSTS CASH MANAGEMENT SYSTEM Warranty N/A N/A 5 Cash Management Stations, each including - M-F Cash Drawer - Intermee Bar Code Reader - Epson Receipt Pnnter - mstallataon GENICOM SYSTEM PRINTER vianufaeturer N/A N/A - ~nstallat~on Warranty Mmntenance Agreement 9 SCHEDULE "B" -ANNUAL SOFTWARE MAINTENANCE COSTS Bfihtg Warranty $14,400 $14,400 Service Orders (CARe) Warranty $ 6,300 $ 6,300 Han~ Held Interface Warranty $ 900 $ 900 TOTAL ANNUAL MAINTENANCE No Charge $21,600 00 $21,600 00 (Total by year) *The annual software maintenance charges wdl never increase by more than the annual rate of mflatlon, as reported tn the Consumer's Price Index, after the lmt~al contract period has terminated Maintenance includes business hours support M-F, all future upgrades and enhancements, all changes resulting.from state and federal legislature Mamtenanie Agreement 10 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 1. SERVER HARDWARE 1 I DENTON will prowde a RISC/6000 UNIX configuret~on for the HARRIS software l 2 HARRIS will prowde the following Cashiering Hardware Cash Receipt Pdnter 5 Cash Recmpt Printers Epson Cash Drawer 5 Cash Drawers M F Barcode Reader 5 Barcode Readers (Ii{Iht gun) Intermec ! 3 HARRIS w~ll provide for the dehvery and successful ~nstallahon of the cash receipting hardware 1 4 HARRIS will provide DENTON w~th the following cashlenng ~nstallat~on and tra~mng services Installation Services Not specifically ~dentified Harris Training Services Not spec~ficelly idenhfied Harris i 2 SERVER SOFTWARE 21 DENTON will provide all necessary RISC/6000 system software for the HARRIS software solution 3. DATA BASE AND REPORTING HARDWARE & SOFTWARE 3 i HARRIS will prowde DENTON with the following Data Base Software RDBMS Software Informix Informix Query Software Informix Informix RDBMS Performance Tools Informix Informix RDBMS Uhlity Tools Informix Inforrmx 3 2 HARRIS has configured Informix licensing for a mammum of 150 concurrent desktop users Page C-1 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 3 3 HARRIS will prowde DENTON with the following Informix Installation Services ~ices I Not specifically identified IHarrIs 3 4 DENTON w~ll maintain the CRYSTAL data dichonary in association with software product roleases 4 NETVVORK CONNECTIVITY 4 1 DENTON w~ll connect the server hardware configurahon to DENTON's ex~st~ng network utilizing Fast Ethernet Adaptem and Cable 4 2 DENTON w~ll implement and maintain a remote d~al-up connechon between the HARRIS product support center and the DENTON server 4 3 DENTON will provide the network infrastructure required to support connechwty between the DENTON server and the DENTON client desktop environment 5 DESKTOP ENVIRONMENT 5 1 DENTON will prowde the required workstatmons and general desktop computing env~ronrnent required to utilize the HARRIS ClS system 5 2 DENTON w~ll configure server access for a maximum of 150 concurrent desktop users 6 APPLICATION SOFTWARE 6 1 HARRIS will provide appl~cetmon I~censing for the following Appl~cahon Software Customer Information Utmlity Btll~ng ~nclud~ng Cash Recelphng Hams System Calls and Requisitions/service Orders (CARe) Harris 6 2 HARRIS will provide DENTON with software source code 7 INSTALLATION SERVICES HARRIS will provide installation services described in the following paragraphs 7 1 Project Management Page: C-2 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 711 DENTON will provide a full-time project manager w~th ultimate responsibility for the project The project manager wtti coordinate DENTON resources and project actlwties w~th the HARRIS account manager 71 2 HARRIS will assign a Project manager as a project I~alson and point of contact However, HARRIS w~ll assume m~nlmal project management responsibility 713 DENTON will assume responsibility for all project related administration actiwt~es Quality Management 7,21 DENTON will assume responsibility for conducting the project quality management program Product Setup & Configuration 731 HARRIS will assume overall rasponsibllity for Installation of the base products, product configuration, product education and product support through product cutover 732 DENTON will assign a cora team to participate ~n these act~wtles Business Environment Development 741 HARRIS will help facilitate a business raview of the product by DENTON focus groups to ~dentriY gaps between the product and the work flow Where necessary product modifications w~ll be ~dentifled, or business practices will be modified Product Mod~tications 751 HARRIS will deliver and ~nstall the following product modflcatlons bY the mutually agreed upon Cut Over date at no cost to DENTON No other product modifications have been ~dentlfied · HARRIS will deliver the data and functionality to accommodate Sol~d Waste and Recycling cervlcos at the City of Denton ,* HARRIS will deliver the data and functionality to accommodate Water and Wastewater services at the City of Denton Product Intarfacos 761 HARRIS will prowde the following product interfaces by the mutually agreed upon Cut Over date All other interfaces will be evaluated mutuatiy by Harns and Denton · Hand-held Meter Reading Devices · General Ledger, LGFS 2000 · Harris Cash Stations 762 DENTON through the Project Management process w~ll manage the development and successful integration of both sides of the raquirad interface 763 HARRIS will develop detailed epoc~fications for each product ~nterface 764 DENTON wiii rewew and approve the detailed specifications 765 HARRIS will code and test the product ~nterfacos 766 HARRIS will deliver the product interfaces to the system test enwronment 77 Product Reports 771 DENTON will utilize Crystal Reports to supplement the standard HARRIS cie Reports Pa~[et C-3 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C Btil Format Development ' n 781 HARRIS will provide an accurate and complete bill mod)fied to address DENTON s specific bllh g requirements 782 DENTON w~ll provide all bill production and distribution hardware and consumables Product Training 791HARRIS will provide the fotiowing tremlng to the DENTON core team and trelners · PUBS and CARe 792DENTON will provide a tranlng facility 793HARRIS wtil prowde their existing, standard tra)nlng courses Product Conversion 7101 HARRIS will assume overati responsibility for the conversion of data into the new system Contractactully this includes all 4 OB of data hosted ~n the ex, sting system Conversion discussions and speciticetions may result in mutual agreement to modlty this requirement 7102 DENTON will assign an Information Services resource to provide HARRIS with current system file layouts and data descriptions in a known ASCII format, rewew of the conversion spec~tication, sample records for testing, and records for performing mock conversions 7103 HARRIS will assign a converelon team responsible for rewewlng DENTON file layouts and data descriptions resulting in a conversion specification document 7104 HARRIS will code end test the conversion programs 7105 HARRIS will execute the conversion programs in support of up to three (3) mock conversions 7106 HARRIS wtil provide DENTON with mock conversion results, modify conversion logic, and fix conversion programs as a result of the mock conversion tests Data Preparation & Cleanup 7111 HARRIS wlti provide dmrectmon to DENTON in data preparetlon achwtles to be performed on the current system 711 2 DENTON will assign ind)viduals to begin data preparation activities 711 3 DENTON will assign mdividuals to perform data cleanup on the current system based on exception reports obtained from the mock conversions 711 4 HARRIS will assist DENTON in the ~dentificetion of manual conversion activities required to supplement the automated conversion effort Product Testing 7121 HARRIS will install the base system licensed programs and DENTON will accept the base system ticensed programs for non-productive use upon delmvery DENTON reserves ultimate project s~gnoff regarding the use of these programs in a produchve environment dunng a 90 day final acceptance period 7122 DENTON will assume responelbtiity for conducting a business test focusing on how well the business scripts flow with the new system 7123 DENTON will not support the execution of extensive parallel tasting Instead the use of Mock Conversions and integration testing wdl be utilized Pao: C-4 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 7 12 4 DENTON will provide resources to participate in tasting activities under the dlrecbon of HARRIS 7 12 5 HARRIS will provide resources for product fixes resulting from errom identified during the system tesbng process 7 13 Produot Cut Over 7 13 1 DENTON will rewew the results of system testing and the mock convem~ons to accept read,ness of the system and approve the Cut-Over 7 13 2 HARRIS and DENTON will Jointly stage all aspects of the system ~n preparabon for Cut Over 7 13 3 HARRIS and DENTON willlomfiy develop a Cut Over schedule 7 13 4 HARRIS and DENTON will jointly conduct Cut-Over act~wbes 7 13 5 DENTON will conduct manual conversion achvifies 7 14 Post Installation Support 7 16 1 HARRIS will prowde immediate production cnficel support of DENTON dunng the first 30 days of operation 7 16 3 HARRIS will conduct a post instaltation rewew to ~denhfy where the system could be better utilized 7 15 Final Acceptance 7 15 1 HARRIS and DENTON will Jointly plan execution of the 30 day final acceptance test 7 15 2 DENTON will conduct the 30 day final acceptance test 8, PROJECT TEAM EXPENSES · HARRIS will incur reasonable travel and living expenses m the coume of th~s project The expense estimates will be pre-approved by Denton, requiring s~gn-off before expenses are ~ncurred 8 1 All reimbumed expenses will be based upon aotuals recurred 9. ONGOING SUPPORT PROGRAMS 9 1 DENTON will provide ongoing support and Business Recovery Services for the metalled RISC/6000 environment 9 2 HARRIS will provide ongoing support for the installed Apphcahon Software through the HARRIS Application Support Services and HARRIS Support bne Services 9 3 HARRIS will provide ongoing support for the installed Cashiering solution 9 4 HARRIS wfli provide ongoing support for the DENTON specific product modifications until they are ~ncluded ~n the base product 10. PROJECT TEAM FACILITIES 10 1 DENTON will provide a project room and office enwronment for HARRIS pemonnei while on-s~te 10 2 DENTON will provide a tra~mng facility for m~t~al cora team training and end user training Page= C-$ SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 11 PROJECT SCHEDULE '~1 1 HARRIS has proposed a project duration of 7 months 112 A detailed implementation Work Schedule w{ll be jointly cleveloped and mutually agreed upon bY HARRIS and DENTON, and will be patterned after the foitow~ng schedule Pro~ect Management MONTH 11 12 Quall~ Management Server Installation Cashiering Installation Prod:!,~ Configuration Product Setup & Configuration 3uslne,, Activity Englneerln, Ordinan=e & Potlcles ~roduet Data Conversion Design Specification Cod~ and Teat Data, Preparation Testln~ "M°ck C°nv 1 Data Cleanup 1 Testing - Mock Conv 2 Data Cleanup 2 Testlng - Mock Conv 3 ManUal Conversion Procedures ProduCt Modifications Phase 1 - Product Design Phase 1 - Product Code & Teat 3rodu~t Interfaces Interface Interface Code & Test Pro~u'~f_ Reportln~l Report Anal),sls Cr~tslReportslnstallatlon I ~ I I I I Page: C-6 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C Bill Format Bill Analysis & Design Bill Approval Bill Development aroduot Training Core Team Tralmng End User Training Handp on User Refresh Systqm Teat Plan Produb't integration Test Business Teat MocI~ Production Test Cit7 Acceptance Product Staging GoLiye Post Install Support Fins! Ac~?t~nce 11 3 No delay In the project shell be permitted which will result In failure to complete the project including project sign-off by July 1, 1999, unless mutually agreed to by both part~es 12. PROJECT SIGN-OFF 12 1 DENTON w~ll notify HARRIS of the system acceptance or of any detic~ency or non conformity w~thm ten (10) working days following complehon of the thirty (30) day final system acceptance test If HARRIS does not receive this not,ce within ten (10) working days, the acceptance test will be deemed satisfactory 122 If DENTON nohfies HARRIS ~n writing before or within ten (10) workmg days following completion of the n~nety (90) day system acceptance test period, of any HARRIS provided component faihng to meet the cntena set forth herein, HARRIS shall at the request of DENTON fac~htate the replacement of the non performing component at no cost to DENTON in order to meet the stated level of effectiveness 12 3 The tbrty (30) workmg day final project sign off test may be stopped and re~mt~ated, and/or executed multiple times A thirty (30) working day final project sign-off test must be ~mt~ated to confirm replacement of failed components until a successful acceptance test is achieved PBge: C-7 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 13. INSTALLATION PRICING 13 1 HARRIS will provide all software and services at the pricing detailed ~n the attached Pricing Sheets All pricing is fixed for the length of the contract and dehvery of the product or service 14 PAYMENT SCHEDULE 14 1 DENTON w~ll render payments to HARRIS in accordance with the following payment schedule TOTAL Contract Installation ~ Training Cut-Over Signing or Milestone HARRIS Hardware Liceneing and ~ ~ Data Conversion So ut on RDBM8 and Desktop Solution $97,600 $48,750 $48,760 $0 $0 Informix Licensing $52,500 $26 25C $26,250 Desktop Licensln~l $45,00C $22,50C $22 500 Pr _-,d,_'~! Intarfacea Se,ooo $2,e0~ $2,$00 $0 Sc ~d~t Data Conversion $13,25C $6,62E $6,62C $0 $~ 8oftware Port Charge $t 0,00~ $$,00( $4,000 $8 SC Cash Management 8tetlons $10,60C $5,260 se,2ec $c $c Genioom System Prlntar $9,40C $4,700 $4,70~ $C $C · IARRIS 8oftware 8olutlon ~ ~ ~ ~ ~_~!!c~_!L~ 8oftware $120,760 $24,t50 $36,22! $24,1ec $36,22! Bllllnl~ System $84,000 $t6 800 $25,200 $16,80¢ $25,200 CARe System $36,750 $7,350 $11 025 $7 35( $11 025 ~roduct Training $33,760 $6,7e0 $10,126 $6,760 $10,126 Billing System $36,750 $5,950 $8,925 $5,950 $8,925 CARe System $4,000 $800 $1,200 $800 $1,200 15 ONGOING PRODUCT MAINTENANCE & WARRANTY 15 1 HARRIS w~ll provide a free one year system warranty penod beginning from the Cut-Over date Thereafter production year 2 and production year 3 will cost DENTON $43,200 w~th subsequent year cost mcroases based on the annual rate of inflation as determined by the CPi 16. ADDITIONAL TERMS & CONDITIONS 16 1 The HARRIS software is Year 2000 comphant and capable of processing dates occurnng both before and after December 31, 1999 16 2 This Agreement shall be governed by and construed ~n accordance with the Law of the State of Texas HARRIS submits to the exclusive junsdicbon of the Courts of the State of Texas Page: C-8 SUPPLEMENT TO AGREEMENT BY AND BETWEEN HARRIS COMPUTER SYSTEMS AND THE CITY OF DENTON SCHEDULE C 16 3 The order of precedence ~n these documents w~ll be the Standard bcense Agreement w~th Schedules, Schedule C and Price Sheets, the DENTON RFP, and the HARRIS RFP Response Page: C-9 HARRIS COMPUTER SYSTEMS MUTUAL NON-DISCLOSURE AGREEMENT This Agreement, made as of the last date set forth on the last page hereof (the 30~h of March, 1998), by and between Hams Computer Systems (HARRIS) and the other party-named on the last page hereof (The City of Denton), sets forth the terms and conditions of the confidemlal disclosure of certain reformation between the parties The party from time to nme disclosing ConfidenUal Information, as herein defined, shall be referred to as "HARRIS" The term "Confidential Information" shall refer to the Confldennal Informatmn disclosed by HARRIS or THE CITY OF DENTON, as the case may be HARRIS and THE CITY OF DENTON agree as follows I "Confidential Information" shall mean the lnformaUon described at the end of this Agreement, whmh is disclosed to THE CITY OF DENTON by HARRIS m any manner, whether orally, visually, or m tangible form (including, without limitation, documents, devices and computer readable media) and all copies thereof Confidenual Information shall be marked by HARRIS as "Confidential" "Proprietary" or the substantial equivalent thereof Confidential Information that Is disclosed orally or visually shall be ldennfied by HARRIS as confidennal at the time of disclosure and reduced to a written summary by HARRIS, who shall mark such summary as "Confidential", Proprietary", or the substanual eqmvalant thereof and deliver it to THE CITY OF DENTON by the end of the month following the month in which disclosure occurs THE CITY OF DENTON shall treat such mformat~on as HARRIS' Confidential Information pending receipt of such summary 2 Except as expressly permitted hereto, THE CITY OF DENTON shall not disclose Confidential Information 3 THE CITY OF DENTON shall use Confidential Information solely for the purpose specified at the end of this agreement 4 THE CITY OF DENTON shall disclose Confidential Information only to those of employees who have a need to know such mformanon for the Perrmtted Purpose 5 Confidential Information shall not include any lnformaUon that THE CITY OF DENTON can demonstrate (a) was in THE CITY OF DENTON's possesswn prior to disclosure by HARRIS hereunder, (b) was generally known m the trade or business in whmh it is practiced at the time of disclosure by HARRIS to THE CITY OF DENTON hereunder, or becomes so generally known after such d~sclosure, through no act of THE CITY OF DENTON, Hams Computer Systems - Mutual Non-Disclosure Agreement (c) has come into the possession of THE CITY OF DENTON from a third party who ~s under no obhgat~on to HARRIS to maintain the confidentiality of such information, or (d) was developed by THE CITY OF DENTON independently of and w~thout reference to Confidential Information If a particular portaon or aspect of Confidential Information becomes subject to any of the foregoing exceptauns, all other portions or aspects of such mformaUon shall remain subject to all of the prov~stons of th~s Agreement 6 THE CITY OF DENTON agrees not to reproduce or copy by any means Confidential Information, except as reasonably reqmred to accomplish THE CITY OF DENTON's Permnted Purpose Upon demand by HARRIS at any nme, THE CITY OF DENTON shall promptly return to HARRIS or destroy, at any t~me, at HARRIS' option, all tangible materials that d~selose or embody Confidentaal Informauon THE CITY OF DENTON may retain one copy of HARRIS' Confidentaal Information for archival purposes, provided, however, that THE CITY OF DENTON shall be bound by the terms and condntons of this Agreement w~th regard to the use and d~sclosure of such archival copy 7 THE CITY OF DENTON shall not remove any proprietary r~ghts legend from, and shall, upon HARRIS' reasonable request, add any proprietary r~ghts legend to, materials dlsclos~ng or embodying Confidenttal Information 8 HARRIS understands that THE CITY OF DENTON develops and acqmres technology for ~ts own products, and that ex~stmg or planned technology mdependently developed or acqmred by THE CITY OF DENTON may contain tdeas and concepts s~m~lar or identical to those contmned m HARRIS' Confidential Information HARRIS agrees that entenng th~s Agreement shall not preclude THE CITY OF DENTON from developing or acquiring technology s~m~lar to HARRIS', w~thout obhgat~on to HARRIS, prowded THE CITY OF DENTON does not breach ~ts obhgat~ons to HARRIS under th~s Agreement or use the Confidential Informatton to develop such technology 9 THE CITY OF DENTON acknowledges that Confidential Information may st~ll be under development, or may be ~ncomplete, and that such mformat~on may relate to products that are under development or are planned for development HARRIS MAKES NO WARRANTIES REGARDING THE ACCURACY OF THE CONFIDENTIAL INFORMATION HARRIS accepts no responslbthty for any expenses, losses or action ~ncurred or undertaken by THE CITY OF DENTON as a result of THE CITY OF DENTON'S receipt or use of Confidential Information HARRIS MAKES NO WARRANTIES OR REPRESENTATIONS THAT IT WILL INTRODUCE ANY PRODUCT RELATING TO CONFIDENTIAL INFORMATION 10 Neither party has any obligation under or by wrtue of this Agreement to purchase from or furntsh to the other party any products or services, or to enter ~nto any other agreement, including but not hunted to, a development, purchasing or technology l~censmg agreement 11 Other than as expressly specified herein, HARRIS grants no hcense to THE CITY OF DENTON under any copyrights, patents, trademarks, trade secrets or other proprietary r~ghts to use or reproduce Confidential Information Harris Computer Systems - Mutual Non-Disclosure Agreement 12 Notwithstanding any other prows:ons of th~s Agreement, THE CITY OF DENTON agrees not to export, directly or indirectly any U S source techmcal data acqmred from HARRIS or any products utilizing such data to any countries outside the Umted States Export Control Law or Regulations then m effect 13 All ¢lamas, d~sputes and other matters in quesuon between THE CITY OF DENTON and HARRIS ansmg out of or relating to the agreement, or the breach thereof, shall be dec~ded m the Court residing over Denton, Texas HARRIS, by executing th~s agreement, specifically consents to venue m the City of Denton, m the State of Texas, and waxves any right to contest the venue in the Courts residing over the C~ty of Denton 14 The rights and obhgatxons herem shall b~nd the part~es and their legal representative, successors, heirs, and assigns 15 This agreement expresses the entire agreement and understanding of the part~es with respect to the subject matter hereof and supersedes all prior oral or written agreement, conumtments and understandings pertmmng to the subject matter hereof Any modifications of or changes to th~s Agreement shall be m writing and signed by both parties 16 This Agreement shall remam m full force and effect for a perxod of ten years from the Effective Date, whereupon ~t shall expire Any causes of actxon accrued on or before such expiration shall survive until the expiration of the apphcable statute of lnnltatxons Harm Computer Systems - Mutual Non-Disclosure Agreement PERMITTED PURPOSES A The "Permitted Purpose" w~th respect to Confidential Information d~sclosed to THE CITY OF DENTON shall be To hold m Escrow, to obtain data from, and to refer to the theory, structure and operation of HARRIS, internal features and/or Data Model of HARRIS' Billing apphcatlons, product plans for Bflhng and other HARRIS offerings, and other reformation tdentffied to THE CITY OF DENTON as proprietary and/or confldentml to HARRIS HARRIS ,COMPUTER SYSTEMS THE CITY OF DENTON T~tle President Title City of Denton Date t~t~lk, L, t~' ~8, Date ORDINANCE NO qf--~ 7~:~ AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER # 1 TO THE CONTACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON AND HARRIS COMPUTER CORPORATION, PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (RFSP # 2102 CIS SOF'I~VARE AWARDED TO HARRIS COMPUTER CORPORATION-CHANGE ORDER # 1 IN THE AMOUNT OF $127,194 00) WHEREAS, on 4-21-98, the City awarded a contract for RFSP # 2102 - CUSTOMER INFORMATION SYSTEM (CIS) m the amount of $300,150 00, and WHEREAS, the city manager having recommended to the Cotmcfl that a change order be authorized to amend such agreement with respect to the scope and price and said change order being m compliance with the reqmrements of Chapter 252 022 of the Local Government Code exempting this sole source acqmsmon fi.om the competmve bid process, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the change order # I ~ncreaslng the amount of the purchase agreement between the City and HARRIS COMPUTER CORPORATION copy of which is attached hereto, m the amount of ONE HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED NINETY FOUR and no/100 Dollars ($127,194 00), ~s hereby approved and the expenditure of funds therefor is hereby authorized The contract amount is amended to mad $427,344 00 SECTION II. That this ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the /7~--~ dayof ~ff~ ,1998 ATTEST JENN~ER WALTER/S, ~ITY SECRETARY ^s HERBERT L PROUTY, CITY ATTOR1)IE)Y Rfsp#:~lO2tCHAlq0E ORDER-SOLE UR ¢,HA~,IGr, ORDER / CONTRa, CT REVISION CITY OF DENTON, TEXAS OWNER DISTRIBbgED TO, OWNER l, / CONTRACTOR/,__/ RFSP # .~102 P,O. # 90821 C3*tA~U~ ORDER # CONTRACTOR Harris Computcr Systems,C?rp Cofltvact Date 4-21 931 St. Road d34 Suite 12,01-t46 Altamom¢ ~[~nneL ~L 32714 THIS CHAN(IP~ ORDERIR~VIq~ON MAKES TH~ I:OLLOWING C. ItANGES IN THIS CONTRACT U'psmd~ to InfonnaA On*Llae (l $0 USerS). . $168.750 AugUries M~httenm~o~ (140 User~) , o . S 30.240 Open Line M~unt~mmce (10 Users) ..... $ 2~790 (kaphz~at User Licenses (150 Users) ........ $ 22.914 ~ of Pr~ious Pmchas~ for Mtn. Ll~,~enses Cost. ,, $ 97.500 TIlE ORIGINAL (CON't3~CT SUM) ..... $ ~00.1 ~0 NI~T CH~O~ BY Pr~VtOUS[,Y AUTHORIZF, D CH.~d~OE OROER$ ........ $ 0 ~w(co~' su~ ~c~mo'cms ~ ~N~ ~ WILL BE ~C~ED) BY No ~ DA~ OF S~STA%~AL CO~TION AS OF ~ DA*I~ OF ~S CH~G~ O~ER ~E~FO~ IS July 1. 1999 ~,l ~St, R~d 434, Sut~ 1201~346 ~l~a T~ St, .. D~mn, ~ 7620 51GNA ~ I/- ~:/~_ ,, = . .... DA~ PO #90521 DOC ORDIN CE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER 2 TO THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON AND HARRIS COMPUTER CORPORATION, PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (RFSP 2102 - CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION - CHANGE ORDER 2 IN THE AMOUNT OF $31,400) WHEREAS, on 4-21-98, the City awarded a contract for RFSP 2102 - CUSTOMER INFORMATION SYSTEM (CIS) in the mount of $300,150, and WHEREAS, on 11-17-98, the City awarded Change Order 1 tn the amount of $127,194 Ordmance No (98-276), and WHEREAS, the City Manager having recommended to the Council that a Change Order 2 be authorized to amend such agreement wtth respect to the scope and price and smd change order being tn comphance with the reqmrements of Chapter 252 022 of the Local Government Code exempttng ttus sole source acqulsttlon from the compettttve bid process, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION I That the Change Order 2 mcreaslng the amount of the purchase agreement between the Ctty and HARRIS COMPUTER CORPORATION copy of whmh ts attached hereto, ~n the amount of Thirty One Thousand Four Hundred and no/100 ($31,400), is hereby approved and the expenditure of funds therefore is hereby authorized The contract amount ts amended to read $458,744 SECTION II That thru ordmance shall become effecttve ~mmedtately upon ~ts passage and approval PASSED AND APPROVED this the ff'~ day of ~/~q/g/~, 2000 ! EULINE BROCK, MAYOR ATTEST JENI~ER WALTERS, CIT)r SECRETARY AP~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RFSP 2102 CHANGE ORDER 2 - SOLE SOURCE ORDINANCE