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HomeMy WebLinkAboutResolution - 929 - License Agreement - SBS - Computer Programs & Materials Package Use - 09/24/1981�Q S AA:pc RESOLUTION RESOLUTION 929 - 9/24/81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement for a Licence To Use A Package between Scientific and Business Systems and the City of Lubbock, which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of temb r ,1981. r BI McALISTER, MAYOR ATTEST: Evelyn Gaf ga, City S cre r -Treasurer APPROVED AS TO CONTENT: . 9JA a (!�� Bob Green, Directo of Data Processing APPROVED AS TO FORM: Angela Ad , Assistant City Attorney RESOLUTION 929 - 9/24/81 \ CITY SECRETARY -TREASURER LICENCE TO USE A PACKAGE AN AGREEMENT made the 24th day of September , 19 81 between Scientific and Business Systems of 888 Seventh Avenue, New York, New York (hereinafter "SBS") of the one part and the City of Lubbock of Lubbock, Texas (hereinafter called "the Client") of the other part. WHEREAS, Scientific and Business Systems has -developed a series of computer programs, and WHEREAS, these computer programs provide a logical system for converting simplified instructions to structured cobalt programs, and WHEREAS, SBS has agreed to furnish services to Client in allowing Client to utilize their work product; NOW THEREFORE: WHEREBY IT IS AGREED as follows: 1. In consideration of the charges specified in the Schedule hereto, SBS hereby licenses the Client to use the computer programs and ancillary materials (hereinafter called "the Package") specified in the Schedule on the computers and at the locations specified in the Schedule for the initial license period stated in the Schedule, and thereafter from month to month unless or until determined by either party giving to the other not less than one month's notice in writing. 2. In consideration of the maintenance charges specified in the Schedule hereto, SBS will supply; the Client with such improvements and modifications which may from time to time be incorporated in the latest version of the Package and will modify the Package so that it conforms to any change of legislation or new legal requirements. Such supply will be for the ini- tial maintenance period stated in the Schedule and thereafter from year to year unless or until determined by termination of the license to use under clause 1 of this Agreement, or by either party giving to the other not less than one month's notice in writing. SBS will supply the Client with annual on-site review and training course/workshop of not less than two (2) days for DP personnel. No more than three (3) workshops will be provided during years 1, 2, 3, and 4 for which maintenance is contracted. Additional courses for non -DP staff will be charged separately at the rate of $600.00 per day. 3. SBS shall use its best endeavours to ensure the correct functioning of the programs according to the specifications or associated documents provided by SBS and undertakes to correct at its own expense any errors in the programs found by the Client and notified SBS in writing; provided always the Client not alter the programs as supplied. 4. During the currency of this Agreement the Client: (a) Will consider SBS no longer responsible for maintenance to any copies of the Package modified by persons other than authorized by SBS. (b) Will notify SBS immediately if the Client has reason to believe that the Package may not be operating correctly. (c) Will not permit the operation of the Package by any person other than his own employees or authorized representatives or by a representative of SBS or by persons authorized in writing by SBS. (d) Will not assign or transfer any of his interest in this Agreement and will not mortgage, charge, pledge, assign or underlet the Package or offer the Package to be taken or pass out of his possession. 5. (a) SBS will not under any circumstances whatever be liable for any loss which includes injury, damage or delay, arising out of any cause whatsoever beyond SBS's reasonable control or the malfunctioning or defect in the Package. (b) SBS will not under any circumstances whatsoever be liable for any consequential loss or damage however caused. 6. The Client additionally warrants that he will return or destroy all copies in whatever form they may have been copied of any of the items mentioned in subsection (a) above that he may have made. 7. Patent copyright and other industrial property rights in the programs and any associated documents shall be vested in SBS who reserve the right to use the Package for other applications and to license the Package to other parties. 8. The terms and conditions of this Agreement supersede those of all previous agreements between SBS and the Client relating to the Package and consti- tute the entire agreement in relation to the Package. 9. This agreement shall be construed and take effect in accordance with Texas law. 10. Should SBS discontinue maintenance support offering for the Package, SBS will provide the Client with a copy of the source programs and associated material necessary to generate, maintain, and change the Package. These materials shall be provided on magnetic computer tape or disc compatible with the computer system listed below in License to Use. In addition, SBS will provide the Client with a copy of all technical documentation describ- ing the material listed above. THE SCHEDULE ABOVE REFERRED TO The Package Programs and ancillary materials known as: License to use Computers and locations: Initial period: Charges: Maintenance Intial period: Charges: HIS Level 66 EASYWORK as documented copyright reference manuals HIS Level 66 - City of Lubbock Lubbock, Texas Unlimited EASYWORK - $10,500 Installation - $1,400 Three years One year from date of this Agreement $1,400 in the first year, no more than 10% increments in subsequent years AS WITNESS the hands of the parties hereto the date and year first above written SIGNED on behalf of SBS in the presentp of: SIGNED on behalf of Client in the presence of: APPROVED AS TO CONTENT: Robert Green, Direct , Data Processing APPROVED AS TO FORM: Angela Ad ms, Assistant City Attorney BrLL MCAL15TEK, MAYOR Evelyn Gaf ga, City ec a y -Treasurer EASYWORK QUERY AND REPORTING SYSTEM A significant portion of the computer programming effort expended by Management Information Services is directed to the creation of reports based on data stored in the computer. Some of the reports are generated periodically. Others are special requests which are developed and run only once. The Easywork query and program gen- eration system is designed to drastically reduce the amount of effort required to create reports and to thus reduce the cost of producing the needed information. Other sites in which Easywork has been installed have estimated a 25% increase in overall pro- gramming productivity. The local experience during the demonstra- tion period indicates that the effort to produce a single report is reduced by at least one half. It is estimated that during the 1981-1982 fiscal year a total of sixty weeks of programmer time will be applied to writing reports at a loaded cost of about $60,000. During the demonstration period., the Internal Audit staff requested a special listing of parking tickets for use in the audit of the Municipal Court records. The Easywork system was used to generate the report in just two days, including the time necessary for the programmer to learn Easywork. Normal methods would have required at least four days. This recent experience with the request by Internal Audit implies a productivity increase by using Easywork worth about $30,000 in 1981-1982. Easywork will easily pay for its $109500 cost in increased programmer productivity during the first year. The monies to pay for the package license are in the Management Information Services budget for the current year.