Loading...
HomeMy WebLinkAboutResolution - 3872 - Agreement - Mantron Inc - Conversion Of Lubbock Central Appraisal District Maps - 04/23/1992Resolution No. 3872 April 23, 1992 Item 423 RESOLUTION 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 entered into by and between Manatron, Inc. and the City of Lubbock, 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 23rd ATTEST: anetle boys, ulty secretar APPROVED AS TO CONTENT: . Ro ert Massenga e, Assists City Manager APPROVED AS TO FORM: uonaid u. Vandiver, First Assis City Attorney DGV:da/AGENDA-D 1 /MANATRON.doc day of April , 1992. B. C. Mc IN , MAYOR AfKo32692edo AGREEMENT This agreement is entered into by and between: MANATRON, INC. 2970 S. 9th Street Kalamazoo, Michigan 49009 and CITY OF LUBBOCK Lead Programmer Analyst City of Lubbock 916 Texas Avenue Lubbock, TX 79459 The terms and conditions of which are as follows: GENERAIL TERMS AND CONDITIONS Resolution No. 3872 April 23, 1992 page 1 of Item #23 L PAYMENT Customer agrees to pay Manatron within forty-five (45) days of receipt of an invoice for any hardware, software and training, and for all other charges listed herein. Customer agrees to pay a late payment charge at the rate of one and one-half (1'/,) percent per month, or at the maximum late payment charge permitted by applicable law, whichever is less, on any unpaid amount for each calendar month, or fraction thereof, that such payment is in default. IL TAXES Customer shall pay Manatron any tax (except tax based on net income) on this Agreement, on or measured by the prices, other charges, the equipment, program products, or services furnished, or their use, however designated, levied or based whenever Manatron must pay/or collect the tax from customer according to applicable law, as interpreted by the departmental authorities of the taxing unit. It shall be the customer's sole obligation after payment to Manatron to challenge the applicability of any tax. Any personal property taxes assessable on the equipment after shipment shall be borne by customer. III. LEVIITATION OF LIABILITY In no event shall Manatron be liable to customer for loss of revenue, indirect, special or con- sequential damages arising out of any breach of this agreement or of obligations under this agreement or the license granted or for any claim made against customer by any other party, even if Manatron has been advised of the possibility of such claim. Manatron shall not be liable for any damages caused by delay in delivery, installation or furnishing of the hardware, program products or services under this agreement. If a charge is payable with respect to any hardware, program product(s) or related materials or service hereunder, or if a charge has been established in the regular course of business by Manatron for the same or similar, then Manatron's liability, if any, for loss or damages relating to or arising out of this agreement shall not exceed the charges attributable to such hardware, software and services under this agreement. 8220-1 MK032692edo Page 2 of 3 SCHEDULE A Digitizing Services for: CITY OF LUBBOCK, TX A. Services to be provided by Manatron: Convert 900 digital map files from Manatron LIS format to Autocad DXF format. 2. Provide converted GIS data on a media and format to be mutually agreed upon by Manatron and the City of Lubbock. B. Lubbock County Responsibilities: Provide 900 LIS map files on 1/4" magnetic tape to Manatron in BTOS format. 2. Provide LIS graphic specification file on 5.25" floppy diskette to Manatron in BTOS format. 3. Provide printout listing each map number and its scale to Manatron. C. City of Lubbock Responsibilities: I. Provide list of graphic specifications from City's Intergraph System so that Manatron "class" graphic structure may be properly associated with the Intergraph "levels" graphics structure during the conversion. 2. Designate a liaison person whom Manatron can report to during the duration of the project. D. Cost: 900 files at $15 per file = $13,500.00 A 20% downpayment ($2,700) will be invoiced on receipt of signed contract and will be due prior to the onset of this project. Billings will then continue as portions of the project are completed, in a prorated manner, taking into consideration the downpayment that has been made. E. Project Length: Manatron agrees to commence work on the above described project within ten (10) days of contract execution or receipt of data from the County and the City whichever is later. The final completion date shall be four (4) months from commencement. lb 9AAL TERMS AND CONDITIONS Page 3 of 3 ACCEPTANCE MANATRON, INC. and customer, CITY OF LUBBOCK, TX by signature below, acknowledge that they have read this Agreement, including the schedules detailed below, understand it and agree to all its terms and conditions. This Agreement constitutes the entire Agreement, between the parties and supersedes all prior communications, proposals, or agreements relative to the hardware, software or services outlined herein. Schedules that are a part of this Agreement, include: Schedule A - Equipment Sale Accepted: MANATRON, INC. By — Title V i c ti President - rr c t Witness Date Accepted: CITY OF LUBBOCK, TX By C. c B. C. McMinn Title Mayor Witness Date April 23, 1992 8220-6