HomeMy WebLinkAboutResolution - 2111 - Contract -Texas Logic - Municipal Safety Information System - 08/08/1985Resolution #2111
August 8, 1985
Agenda Item #38
HW:js
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 a Contract
with Texas Logic for a Municipal Safety Information System, 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 8th (inv of August 19RS_
ATTEST:
Ranette(Boyd, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
114ul'v k-42 �/'
arold Wi lard, Assistant City Attorney
Resolution #2111
MUNICIPAL SAFETY INFORMATION SYSTEM
PURCHASE AGREEMENT
THIS AGREEMENT, entered into on the date the Agreement is
executed by all parties hereto, between the CITY OF LUBBOCK
hereinafter referred to "CITY", and Texas Logic.
WITNESSTH:
WHEREAS, CITY has a need for a Municipal Safety Information
System (hereinafter refered to as the MSIS) and Texas Logic has
submitted a proposal (hereinafter referred to as the MSIS
Proposal) for the purchase, installation and support of the MSIS,
including new computer hardware and supporting software and
services.
NOW THEREFORE, in consideration of the premises and mutual
promises and convenants herein contained, the parties hereto
agree as follows:
1. CONTRACT. The Contract consists of:
A. This document.
B. Exhibits A, through K , attached hereto.
2. EQUIPMENT, SOFTWARE, AND WORK TO BE PERFORMED. Subject to
the provisions hereof CDS agrees to supply the computer
hardware, software, and services as defined herein as
Exhibit's A (cumulatively hereinafter referred to as the
"MSIS") in accordance with the Project Schedule, attached
hereto, marked as Exhibit B. The Schedule shall commence on
the day of the month this Agreement is executed by all
parties hereto.
3. PAYMENT. In consideration of supplying the MSIS, CITY shall
pay Texas Logic an aggregate cash consideration of
$654,500.00 United States Dollars in accordance with progress
payments schedule set forth in this Section below. This
aggregate cash consideration is exclusive of all present and
future federal, state or local sales, use, excise or
processing taxes or any other tax or charge, that is or may
be imposed upon the product and services provided herein save
taxes on net income. Texas Logic's failure to include or
correctly compute such taxes on its invoices shall not
relieve CITY of its obligation hereunder. Texas Logic will
submit invoices to CITY in accordance with said schedule and
CITY shall pay such invoices within thirty (30) days after
the date thereof.
Payment as a percent
EVENT of the module price
Approval of the Detail Systems 10%
Design Document
Delivery & Acceptance of Hardware 60%
Delivery of System Preparation 5%
Software (geofile, menus, tables
security system, etc...)
Delivery of Application Programs 15%
(by Module)
Completion of Acceptance Testing 10%
100%
4. DETAIL SYSTEMS DESIGN DOCUMENT. Texas Logic shall deliver
for the City's approval a Detail Systems Design (hereinafter
referred to as the "Detailed Statement") within 30 days
following the date first written above. The Detailed
Statement shall include, but not be limited to: .
A. Definitive technical specifications and objectives for
the system;
B. Acceptance test criteria;
C. Work progress schedule; and
D. Such other items delineating
be performed by Texas Logic
agree upon.
the system and the work to
as the parties may mutually
The parties agree to cooperate with each other in the
preparation of the Detailed Statement. Texas Logic agrees to
perform the work and provide the MSIS in the manner specified
in the Detailed Statement.
The parties further agree that the Project Schedule
contemplates acceptance of the Detailed Statement by the CITY
within thirty (30) days of delivery and any delay in
acceptance shall lengthen the project schedule by a like
number of days.
5. ACCEPTANCE OF PRASE WORK. Teras Logic shall certify in
writing to CITY when each phase or module of the MSIS
Software supplied by Texas Logic hereunder is installed and
ready for acceptance testing. This certification shall
constitute the beginning of a thirty (30) calendar day
acceptance test period. City's standard of performance for
the system shall be as sec forth in the Detailed Statement.
Within the thirty (30) day acceptance test period CITY shall
respond to Texas Logic in one of the following manners:
(i) if successful accomplishment of all performance
measures set forth in the Detailed Statement has been
attained, CITY shall respond in writing that a
respective phase or module of the MSIS is accepted;
said response shall constitute final acceptance of. the
f
1.
measures set forth in the Detailed Statement has been
attained, CITY shall respond in writing that a
respective phase or Module of the MSIS is accepted;
said response shall constitute final acceptance of the
services delivered.
(ii) If the CITY determines that the products and services
delivered do not conform to requirements developed in
ITEM 4 above, it shall so notify Texas Logic in writing
within thirty (30) calendar days. Thereafter, the
acceptance period shall continue on a day-to-day basis
until the acceptance test has been met for a total of
thirty (30) consecutive calendar days. Failure by CITY
to make any response to Texas Logic within the thirty
(30) calendar day period shall be deemed final
acceptance of the services delivered. Any response
postmarked to Texas Logic within the thirty (3C)
calendar day period shall be deemed timely.
(iii) Notwithstanding anything herein above stated to the
contrary, should reasonable circumstances beyond the
City's control delay acceptance testing or response to
Texas Logic the period for acceptance and for response
shall be extended for a length of time proportionate to
the delay.
6. ACCEPTANCE OF HARDWARE. Texas Logic shall certify in writing
to the CITY when the hardware and any manufacturer supplied
software shown in EXHIBIT A has been installed and is ready
for acceptance testing. Acceptance shall occur upon
successful completion of the test procedures and/or programs
established by the original manufacturer as evidenced by an
acceptance report signed by a representative of the
manufacturer. Within seven (7) calendar days the CITY shall:
(i) Execute the Certificate of Acceptance, or
(ii) Notify Texas Logic that the hardware does not conform to
the original manufacturer's product specifications.
Texas Logic's sole obligation for such non -conforming
products shall be limited to repair or replacement, at
its option. Any responses postmarked to Texas Logic
within the seven (7) calendar day period shall be deemed
timely.
7. DELIVERY. Delivery will be to 916 Texas Avenue, Lubbock,
Texas. Texas Logic will provide adequate insurance for risk
of loss or damage to hardware until certificate of acceptance
on hardware is executed.
8. EXTENSION OF TIME. Texas Logic shall not be liable under
this Agreement for any loss or damage to the CITY due to
delay in delivery or other performance failures resulting
from any cause beyond Texas Logic's reasonable control. Such
r
causes shall include, but are not limited to, compliance with
regulations, orders, acts, instructions, or priority requests
of any Government, or department or agency thereof, civil or
military authority, acts of God, acts of the public enemy,
acts or omissions of the CITY, fires, floods, strikes,
lockouts, embargoes, wars, car shortages, riots,
insurrections, default or delay of suppliers, delays in
transportation and loss or damages to goods in transit. The
delivery schedule provided in EXHIBIT B shall be extended
by the amount of any delay resulting from any such cause
beyond Texas Logic's reasonable control plus a reasonable
time to accommodate adjustment to such extension. Texas
Logic shall give CITY notice of the presence of any cause
referenced above promptly after Texas Logic becomes aware of
the existence of same.
9. TERMINATION BY THE CITY. In addition to any other right to
terminate set out herein, if Texas Logic should be adjudged
bankrupt or should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed for
the benefit of its creditors, or if a receiver should be
appointed on account of its insolvency, CITY may terminate
this Agreement.
If Texas Logic should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is
provided, to provide enough properly skilled workers or
proper materials, or persistently disregard laws and
ordinances, or not proceed with work in a timely fashion,
fail to meet standards of performance, or otherwise be guilty
of a substantial violation of any provision of this
Agreement, then CITY may terminate this Agreement. Prior to
termination of this Agreement, CITY shall give Texas Logic
sixty (60) calendar days to cure such deficiencies.
10. HARDWARE CANCELLATION AND RESCHEDULING CHARGE. In the event
either the CITY or Texas Logic (i) cancels the hardware order
or any portion thereof, or (ii) requests a rescheduling of
scheduled equipment to a later date, the CITY or Texas Logic
agrees to gay the other party cancellation/rescheduling
charges as a percentage of the hardware price of the
cancelled/rescheduled equipment. Such charges are as
follows:
Cancellation/Reschedule Cancellation/Reschedule
Note Received Charge
* 61-90 days
prior to
5%
Schedule
Delivery Month
* 31-60 days
prior to
10%
Schedule
Delivery Month
* 30 days or
less prior to
150
Scheduled
Delivery Month
* During Scheduled
Delivery Month
20%
1 � .
11. LICENSES. Texas Logic grants to the City and the City hereby
accepts a nontransferable, non-exclusive sub -license to use
the system software described in the Texas Logic Software
Sub -Licensing Agreement attached hereto and marked Exhibit C.
Texas Logic also grants to the City and the City hereby
accepts a nontransferable, non-exclusive license to use the
application software described in the Texas Logic Application
Software License Agreement attached hereto and marked Exhibit
D. Concurrent with this agreement the parties will execute
said Software License Agreements.
Command Data Systems, Inc. grants to the CITY and the CITY
hereby accepts 'a nontransferable, non-exclusive license to
use the application software described in the Software
License Agreement attached hereto and marked Exhibit E.
Command Data Systems also grants to the City and the City
hereby accepts a non -transferable, non-exclusive sub -license
to use the system software described in the CDS software
sub -licensing agreement attached hereto and marked Exhibit K.
Concurrent with this Agreement the parties will execute said
Software License Agreements.
12. WARRANTY
A. HARDWARE. In lieu of hardware warranty the City will
initiate a one (1) year maintenance agreement on line
items 1 through 20 of Exhibit A to commence
simultaneously with the execution of the manufacturer's
Certification of Acceptance. The charges for the City's
BMC service are itemized in Exhibit A and the services
to be provided under contract are described in Exhibit F
except for line item 8 for which return to depot services
are provided as detailed in Texas Logic's Proposal dated
June 21, 1985.
B. SOFTWARE PRODUCTS WARRANTY. Texas Logic warrants the
software to be free of defects or imperfections that
would prevent system performance according to the
specifications set forth in Texas Logic's, Command Data
Systems, Inc.'s or Digital Equipment Corporation's
published material, proposal or contract for a period of
ninety (90) days after acceptance of each Software Module
by the CITY. If any reproducible error or defect occurs
within the warranty period, Texas Logic will correct the
software at no cost. Texas Logic will give the CITY an
estimate of the time to correct the defect and perform
the warranty services during its normal forty (40) hour
work week. Warranty services include telephone
assistance and on-site remedial support for software
problems of a critical nature. During the warranty
period, Texas Logic will provide SOFTWARE PRODUCT
MAINTENANCE SERVICES described in EXHIBITS G, H, and
I, at no cost.
t
The attached SOFTWARE LICENSE AGREEMENT contains
additional terms and conditions regarding Software
Warranty and limitation of liability thereunder.
13. SOFTWARE PRODUCTS MAINTENANCE SERVICES. Subsequent to the
warranty period, software products will be eligible for
on-going contractual maintenance services. The SOFTWARE
PRODUCT MAINTENANCE SERVICES establish the level of Texas.
Logic's continuing commitment to the support of its software
provided within this Agreement. Texas Logic offers
continuing commitment to the support of software as described
in EXHIBITS G . H and I.
14. CUSTOM SOFTWARE WORK. Texas Logic will provide future
software programming services to the CITY whenever such
services are requested which are outside the scope of the
Detailed Statement, Warranty, or Software Product Services at
the then -current and published rate. The now current rate is
$65.00 per hour plus expenses.
15. CHANGES. CITY may request changes in the scope of services
to be performed by Texas Logic hereunder. All such changes
shall be mutually agreed upon by and between the parties and
shall be incorporated in written .amendments to this
Agreement. All such amendments shall state any increase or
decrease in the amount of the compensation due Texas Logic
for the change in scope.
16. FACILITIES. During the course of this Agreement, CITY shall
provide Texas Logic personnel with adequate work space for
technicians and other related facilities as may be required
by Texas Logic to carry out it obligations enumerated herein.
17. CITY'S RESPONSIBILITIES. CITY shall obtain at its expense
all government and other permits and licenses required for
installation and operation of the System. CITY will be
responsible for maintaining the computer hardware and
peripherals; and providing and installing communications
networks including all system telephone lines, hardware
cabling, microwave links, modems, radios, and other equipment
not included as a part of this Agreement and necessary to the
successful operation of the System, and interfaces to other
computer data bases and associated remote terminals.
CITY will be responsible for all communications console
installation or modification.
CITY will provide space, power, environment control and
operating environment as defined by the hardware
manufacturer's published specifications.
CITY will make available system computer time as
requested by Texas Logic for the development testing
and maintenance of the MSIS software, for use by the
CITY.
CITY will designate a Project Manager to be the liaison
with Texas Logic. The Project Manager will be
available during normal business working hours for
consultation.
CITY will make available all necessary supplies such as
paper, magnetic tape and disk packs.
18. LIMITATIONS. Texas Logic's sole liability under this
Agreement shall be for providing the MSIS and procuring for
resale the hardware as defined within. Texas Logic will not
be liable for any lost profits, revenues, or for any claim or
demand against CITY by any other party. Texas Logic's
liability hereunder for damages, regardless of the form of
action, shall not exceed the fees and other charges paid by
CITY under this Agreement. In no event shall Texas Logic be
liable for consequential damages even if Texas Logic has been
advised of the possibility of such damages.
19. WORK HOURS AND SAFETY STANDARDS. Texas Logic agrees:
A. That each laborer shall have wages computed on the basis
of a standard work day of eight (8) hours and a standard
work week of forty (40) hours in the work week; and
B. That no laborer shall be required to work in surroundings
or under working conditions which are unsanitary,
hazardous, or dangerous to his health and safety as
determined under construction safety and health standards
promulgated by the Secretary of Labor.
20. CLEAN AIR ACT. Texas Logic shall comply with all applicable
standards order or regulations issued pursuant to the Clean
Air Act of 1970 (42 USC 1857, et seg.) and the Federal Water
Pollution Control Act (33 USC 1250, et seg.), as amended.
21. SECURITY AND PRIVACY. Texas Logic agrees that none of its
officers or employees shall use or reveal any research or
statistical information furnished by any person and
identifiable to any specific private person for any purpose
other than the purpose for which it was obtained. Copies of
such information shall not, without the consent of the person
furnishing such information, be admitted as evidence or used
for any purpose in any action, suit or other judicial or
administrative proceedings, unless ordered by a court of
competent jurisdiction. The CITY shall be notified
immediately upon receipt of any such order of court,
pertaining to production of such information.
22. COVENANT AGAINST CONTINGENT FEES. Texas Logic warrants that
no person or selling agency has been employed or retained to
solicit or secure percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by Texas Logic for
the purpose of securing business. For breach or violation of
r
this warranty, CITY shall have right to terminate this
Agreement in accordance with the termination clause and, and
at its sole discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
23. INDEMNIFICATION. Texas Logic hereby agrees to indemnify and
hold harmless CITY, its officers, agents and employees of and
from:
A. Any and all claims and demands which may be made
against CITY, its officers, agents, or employees by
reason of any injury to or death of any person or damage
suffered or sustained by any person or corporation caused
by, or alleged to have been caused by, any act negligent
or otherwise, of Texas Logic under this Agreement or of
Texas Logic's employees or agents;
B. Any and all damage to or destruction of the property of
CITY, its officers, agents, or employees occupied or used
by or in the care, custody, or control of Texas Logic, or
in proximity to the site of Texas Logic's work, caused by
or alleged to have been caused by any act, negligent or
otherwise, of Texas Logic under this Agreement or of
Texas Logic's employees or agents;.
C. Any and all claims and demands which may be made against
CITY, its officers, agents, or employees by reason of any
injury to or death of or damage suffered or sustained by
any employee or agent of Texas Logic under this Agreement
however caused, excepting, however, any such claims and
demands which are the result of the sole negligence or
willful misconduct of CITY, its officers, agents or
employees;
D. Any and all claims and demands which may be made against
CITY, its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights
or claims caused or alleged to have been caused by the
use of any apparatus, appliance, or materials furnished
by Texas Logic under this Agreement; and
E. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of
any term or condition of any permit required of Texas
Logic.
24. PATENTS. If notified promptly in writing of any action (and
all prior claims relating thereto) brought against CITY
alleging that CITY's use, sale or other disposition of the
Products herein described (including use of licensed
software) infringes a United States patent or copyright,
Texas Logic will defend such action at its expense and will
pay the costs and damages awarded against CITY in such
U
action, provided that Texas Logic shall have sole control of
the defense of any such action and all negotiations for its
settlement or compromise. If a final injunction is obtained
in such action against CITY'S use of the Products or if in
Texas Logic's opinion the Products are likely to become the
subject of a claim of infringement, Texas Logic will, at its
option and at its expense, either procure for CITY the right
to continue using the Products, replace or modify the same so
that they become non—infringing, or grant the CITY a credit
for such Products at the then current fair market value
replacement price and accept their return. Texas Logic shall
not have any liability to CITY if the alleged infringement is
based upon (i) use or sale of the Products in combination
with other products or devices which are not made by Texas
Logic, Command Data Systems, Inc. or Digital Equipment
Corporation, or (ii) the furnishing to CITY of any
information, service or applications assistance. CITY shall
defend and hold Texas Logic harmless against any expense,
judgement or loss for alleged infringement of any patents,
copyrights or trademarks which results from Texas Logic's
compliance with CITY's designs, specifications or
instruction. No cost or expenses shall be incurred for the
account of Texas Logic without the prior written consent of
Texas Logic. In no event shall Texas Logic's total liability
to CITY under or as a result of compliance with the
provisions of this clause exceed the sum paid to Texas Logic
by CITY for the allegedly infringing Products. The foregoing
state the entire liability of Texas Logic with respect to
alleged infringement of patents and copyrights by the
Products or any part thereof or by their operation.
25. ORDER OF PRECEDENCES. In the event of a conflict in
interpretation between any of the applicable contract
documents specified below, all incorporated herein by this
reference, any such conflict shall be resolved by giving
precedence in the,following order:
A. Detailed System Specification
B. This Agreement and any Exhibits or amendments
thereto
C. The CITY's Request for Proposal dated 1985.
D. The Texas Logic proposal dated June 21, 1985.
Only upon approval of the Detailed Specification by the CITY
shall said document be the first document in the order of
precedence to be used in the event of technical conflict
requiring interpretation.
26. TERM OF AGREEMENT. The Agreement shall.commence on the date
this Agreement is executed by all parties hereof and shall
continue through implementation as evidenced by final
acceptance test of the MSIS, unless sooner terminated or
extended as herein provided.
w
f
27. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS. Texas Logic
shall comply with Title VI of the Civil Rights of 1964, as
amended, to the end that no person shall, on the grounds of
race, creed, color, sex, age, handicap or national origin be
excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under this Agreement
or under any project, program or activity supported by this
Agreement.
28. WORKER'S COMPENSATION. Texas Logic certifies that it is
aware of the provisions of the Labor Laws of the State of
Texas, which require every employer to be insured against
liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that Law,
and it certifies that it will comply with such provisions and
will provide proof of such compliance upon request by the
CITY.
29. INSURANCE. At the request of the CITY, Texas Logic shall
provide proof of comprehensive general liability insurance
(including automobile).
30. LEGALITY. If any provisions of this Agreement shall be held
to be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby.
31. TEXAS LAW. This agreement shall be governed according to the
laws of the State of Texas.
32. CONTRACT REPRESENTATIVES. The Texas Logic project team
including the Project Manager is set forth in Exhibit J.
Any changes in the method or nature of work to be performed
under this Agreement must be processed by the CITY through
the Texas Logic Contracts Manager. Likewise, EXHIBIT J
sets forth the CITY's and Command Data Systems Project Teams.
33. NON -ASSIGNABILITY. The parties hereto may not assign the
rights or obligations hereunder without the prior written
consent of the other party.
34. GENERAL. This Agreement, Exhibits A through K and the
Texas Logic Proposal dated June 21, 1985, attached hereto
and/or incorporated by reference, constitute the entire
agreement, understanding and representations between Texas
Logic and the CITY. No modifications or amendments to the
Agreement shall be valid unless in writing and signed by duly
authorized representatives of the parties.
A waiver of a breach or default under this contract shall not
be a waiver of any other or subsequent default.
35. NOTICES. Any notice required to be given by the terms of
this Agreement shall be deemed to have been given when the
same is sent by certified mail, postage prepaid, addressed to
the respective parties as follows:
J. D. Lowe III John Aldredge
CONTRACTS ADMINISTRATOR Information Services
TEXAS LOGIC 916 Texas Avenue
4200-A N. Bicentennial Drive P.O. Box 2000
McAllen, Texas 78504 Lubbock,Texas 79457-0001
CITY and Texas Logic have caused this Agreement to be
executed by their duly authorized officers as of the day and
year this Agreement is executed by all parties hereof.
In Witness Whereof, the parties to these presents have
executed this agreement in in
the year and day below written.
CITY #,�P,/L�JB�3O�M, TEXAS ( CITY)
BY:
DATE: 9- e "f.5y
-ATTEST -�,.
SECRETARY
DATE: August 1, 1985
ATT T:
SECRETARY.
COMPLETE ADDRESS:
Carmen M_ Madrigal
TERM:
Resolution 42111
TEXAS LOGIC CARRY -IN SERVICE TERMS AND CONDITIONS
This Agreement shall be effective on the specified date.
the initial term is twelve (12) months from the
Commencement Date, after which this Agreement may be
terminated by either party upon ninety (90) days prior
written notice.
ELIGIBILITY FOR SERVICE:
Equipment is eligible for service under this Agreement
provided it is in good operating condition and Texas Logic's
serviceability requirements and site environmental conditions
are met. Prior to the Commencement Date of the Agreement
equipment repairs and/or adjustment Texas Logic determines to
be necessary shall be made at Texas Logic per call rates,
terms and conditions then in effect.
SERVICE RESPONSIBILITIES OF TEXAS LOGIC:
Service Responsibilities of Texas Logic under Carry -In
Service:
(a) Texas Logic, at its option, will repair or replace
equipment or material properly returned for service
within two (2) working days after receipt of material.
Service may include the replacement of parts damned
necessary by Texas Logic: All parts shall be new parts
or parts of equal quality. (Replaced parts become the
property of Texas Logic).
(B) Texas Logic will install applicable Field Change Orders
(FCO's) at no additional cost.
SERVICE LIMITATIONS:
The following maintenance services are not included under
this Agreement; (a) requests for service outside the Call
Window; (b) services which in Texas Logic's opinion, are
required due to improper treatment or use of the
equipment; (c) unauthorized attempts by other than Texas
Logic personnel to repair, maintain or modify the
equipment, or (d) causes external to Texas Logic
maintained equipment.
Maintenance materials, tools, documentation, Site
Management Guide, diagnostics and test equipment provided
by Texas Logic shall remain the exclusive property of
Texas Logic.
unless otherwise noted, service does not include
applicable travel charges, reconfiguration or coverage on
locally observed Texas Logic holidays.
Following twelve (12) months of service or any time
thereafter, if individual items cannot, in Texas Logic
opinion, be properly repaired due to excessive wear or
deterioration, Texas Logic may withdraw the item(s) from
coverage upon ninety (90) days prior written notice.
RESPONSIBILITIES OF CUSTOMER
Responsibilities of Customer Under Carry -In Service:
Customer will bring or send equipment to a Texas Logic
Service Center.
CHARGES
Payment of the applicable monthly charge is due upon
receipt of invoice.
Charges for maintenance services not covered under this
Agreement shall be invoiced at Texas Logic's per call
rates, terms and conditions in effect when the service is
performed.
Texas Logic may adjust the applicable charge after the
initial term upon ninety (90) days prior written notice.
Charges are exclusive of and Customer is responsible for
all sales, use and like taxes.
MOVEMENT OF EQUIPMENT
Customer shall notify Texas Logic thirty (30) days prior
to moving equipment. Texas Logic shall be under no
obligation to continue service if equipment is moved
without the prior written approval of Texas Logic.
Texas Logic, at its option, shall supervise the
deinstallation and reinstallation of equipment Customer
wishes to move. Monthly charges will be adjusted and/or
reinstated on the day following equipment reinstallation.
Customer shall pay for labor and material provided
during the movement of equipment at Texas Logic's then
current rates, terms and conditions.
LIMITATION OF LIABILITY AND WARRANTY
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, TEXAS
LOGIC DISCLAIMS ALL WARRANTIES INCLUDING ALL IMPLIED
- WARRANTIES OF MERCHANTABILITY AN FITNESS FOR A PARTICULAR
PURPOSE.
GENERAL
CUSTOMER'S RIGHT TO RECOVER PROPERTY DAMAGES CAUSED BY
TEXAS LOGIC'S FAULT OR NEGLIGENCE SHALL BE LIMITED TO ONE
HUNDRED THOUSAND ($100,000.00) DOLLARS. TEXAS LOGIC
WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF PRODUCTS OR FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. This limitation of Texas Logic liability
will apply regardless of the form of action, whether in
contract or tort including negligence. Any action
against Texas Logic must be brought within twenty-four
(24) months after the cause of action occurs.
Texas Logic shall not be liable for any delay in
performance due to causes beyond the reasonable control
of Texas Logic.
If either party falls to perform its obligations under
this or any other agreement between the parties, and such
failure continues for a period of twenty (20) days after
written notice, the other party shall have the right to
terminate this Agreement. This Agreement is the complete
and prevailing agreement between the parties with respect
to the subject matter herein, and there are no other
understanding, oral or written. The provisions of this
Agreement are declared to be severable. Neither party
may assign this Agreement unless mutually agreed. This
Agreement is governed by the laws of Texas.
II
=. Exhibit "A" QUOTATION
ION
r City of Lubbock
TO 916 Texas Avenue
Lubbock, Tx. 79457-0001 QUOTATION NUMBER
1642 TL
Ref. Proposal if 8559 DATE 7-25-85
L
ATTN: GENE EADS
L_ —1
aum
PAGE 1 OF 6
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
QTY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
HARDWARE:
BMC
1.
1
780XA-AE
VAX 11/780 CPU, with SMB of 64 K
637
$ 171,195
171,195
ECC/MOS Memory, U9652 Unibus
Expansion Cabinet, BALL -K Expansion
Box, DD11-DK Backplane, one (1)
LA100-BA Console Printer and VAX/VMS
License with Warranty.
2.
1
RUA81-EA
Three (3) 456MB Formatted, 2.2 MB/s
315
56,000
56,000
Transfer, 35.3 msec Avg. Access, 28
msec. Avg. Seek Disk Drive, in
H9642 -AP Cabinet, and one (1) UDA50
Controller Supporting four (4) RA
Drives.
3.
1
TU81-AA
140MB, G250BPI, 75IPS Streaming
140
25,000
25,000
Tape Drive.
4.
1
B600
60OLPM Line Printer.
215
8,500
8,500
5.
6
LA210-AA
240 CPS Letterprinter, Read Only
168
1,595
9,570
with Tractor Feed and Wide Carriage.
6.
3
LN03-AA
Eight (8) Page per Minute Letter
147
4,195
12,585
Quality Lazer Printer.
DELIVERY IS from
SPECIAL INSTRUCTIONS
SUB TOTAL
continued
receipt of acceptance of this contract.
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
CONTRACT OFFER
SALES TAX
TEXAS LOGIC
INSTALLATION
REPRESENTATIVE'S SIGNATURE:
FREIGHT &
INSURANCE
(Please Type or Print) NAME TITLE DATE
NET AMOUNT
Acceptance of the General Terms and Conditions attached hereto ani
Incorporated herein and hereby acknowledged:
By, Buyei
(Please Type or Print) NAME TITLE DATI
comouters never Forget
4200A North Bicentennial Drive 0 McAllen, Texas 78504 0 (512) 682-0351
QUU A i 1UN
TO City of Lubbock
916 Texas
QUOTATION NUMBER
Lubbock, Tx. 79457
1642 TL
DATE 7-25-85
Ref. Proposal 8559
LATTN: GENE EADS
PAGE 2 OF 6
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
QTY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
7.
17
LA50—RA
100 CPS dot matrix printer with
136
695
11,815
draft mode, memo mode and graphic
capability.
8.
55
CT210—AA
Color Video Monitor and Keyboard
825
1,395
76,725
with 8 Programmable Colors, 80X24
Display and 132— Column Mode, and
14—inch Diagonal.
9.
2
DFM04—AB
Four (4) Line Statistical Multi—
74
4,525
9,050
plexer with Integrated 4800 BPS
Modem.
10.
2
DF100—RM
Multiplexer Modem Enclosure
36
850
1,700
Loading up to twelve (12) Digital
DF Series Modems.
11.
1
H9642—DB
H9640 Series 40" Cabinet with 120V
n/c
1,588
1,588
Power Controller to mount DF100—RM's
12.
15
DF224—AA
2400/1200 BPS FDX Modem in small
180
895
13,425
package (scholar)
13.
15
DF126—AM
2400 BPS Modem in stand—alone
120
745
11,175
enclosure with five different
(26 character) number storage,
auto answer and auto dial.
DELIVERY IS from
SPECIAL INSTRUCTIONS
SUB TOTAL
continued
receipt of acceptance of this contract.
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
--
CONTRACT OFFER
SALES TAX
TEXAS LOGIC
INSTALLATION
REPRESENTATIVE'S SIGNATURE:
FREIGHT &
INSURANCE
(Please Type or Print) NAME TITLE DATE
NET AMOUNT
Acceptance of the General Terms and Conditions attached hereto an,
Incorporated herein and hereby acknowledged:
_ IN _
By, Bvye
(Pleose Type or Print) NAME TITLE DAT
QUOTATION
TO City of Lubbock
916 Texas
Lubbock, Tx. 79457
Ref. Proposal 8559
ATTN: GENE EADS
QUOTATION NUMBER
1642 TL
DATE 7-25-85
PAGE 3 OF 6
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
QTY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
14.
3
DHU11-AP
Sixteen (16) Line Asynchronous
135
3,495
10,485
Multiplexer with Direct Memory
Access..
15.
1
DMZ32-AP
24 Line Communications interface
90
7,200
7,200
with full modem control and the
state of the art transmitting via
DMA (Direct Memory Access) providing
economical expansion, increased
system throughput, i.e., faster
printing and CRT response, and a
total of 48 available ports before
additional interfaces are needed.
16.
1
DX24-AK
DECnet/SNA Gateway System hardware
235
26,895
26,895
(120V/6OHz) and single us license
with Warranty, Documentation & Media
17.
2
DMR11-AP
High performance microprocessor
82
4,400
8,800
controlled single -line synchronous
interface.
18.
1
BC22E-25
25ft. Connections Cable from DMR11
n/a
60
60
to VAX.
DELIVERY IS from
SPECIAL INSTRUCTIONS
SUB TOTAL
receipt of acceptance of this contract.
continued
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
CONTRACT OFFER
SALES TAX
TEXAS LOGIC
INSTALLATION
REPRESENTATIVE'S SIGNATURE:
FREIGHT &
INSURANCE
(Please Type or Print) NAME TITLE DATE
J.D. LOWE III Sales Manager 7-25-85
NET AMOUNT
Acceptance of the General Terms and Conditions attached hereto and
Incorporated herein and hereby acknowledged:
By, Buyer
'OYAC�� (Please Type or Print) NAME TITLE DATE
I1
com uters never forget
VWJ 4200A North Bicentennial Drive 0 McAllen, Texas 78504 • (512) 682-0351
(City of Lubbock
TO 916 Texas
Lubbock, Tx. 79457 QUOTATION NUMBER
1642 TL
DATE 7-25-85
Ref. Proposal # 8559
LATTN : GENE EADS
4 6
PAGE OF
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
QTY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
19.
1
BC22F-AO
100ft. connecting cable DNA to SNA
n/a
175
175
20.
1
VT220-C2
Video Terminals with Amber Phospher
9
1,095
1,095
screens, advanced video options,
printer ports and word processing
keyboards.
TOTAL HARDWARE COSTS
$3,544
$463,538
SOFTWARE
SMMC
21.
1
QE001-UZ
VAX/VMS V4.1 Operating System
190
included
22.
1
QLO01-GZ
VAX/VMS Documentation 4.1
included
1,200
1,200
23.
1
QE099-UZ
VAX -11 Cobol Language with Single-
37
8,870
8,870
use one time License, Warranty and
Documentation.
24.
1
QE095-UZ
VAX -11 Basic Language with Single-
37
6,200
6,200
use one time Licens, Warranty and
Documentation.
25.
1
QE800-UZ
VAX FMS Forms Management with
37
3,525
3,525
Single -use one time License,
Warranty and Documentation.
DELIVERY 1S from
SPECIAL INSTRUCTIONS
SUB TOTAL
receipt of acceptance of this contract.
continued
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
—
CONTRACT OFFER
SALES TAX
TEXAS LOGIC
INSTALLATION
REPRESENTATIVE'S SIGNATURE:
FREIGHT &
INSURANCE
(Please Type or Print) NAME TITLE DATE
NET AMOUNT
Acceptance of the General Terms and Conditions attached hereto and
Incorporated herein and hereby acknowledged:
By, Buyel
(Please Type or Print) NAME TITLE DATI
e�
comuters never forget
%W 4200A North Bicentennial Drive 0 McAllen, Texas 78504 0 (512) 682-0351
QUOTATION
TO City of Lubbock
916 Texas
QUOTATION NUMBER
Lubbock, Tx. 79457
1642 TL
DATE 7-25-85
Ref. Proposal # 8559
L ATTN : GENE EADS '
PAGE 5 OF 6
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
CITY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
26.
1
QE452—UZ
DECnet/SNA Gateway Management
55
1,770
1,770
Access Routine for 11/780 License
with Warranty, Documentation and
Media.
27.
1
QE454—UZ
DECnet/SNA Gateway 3270 Terminal
55
2,320
2,320
Emulation License with Warranty,
Documentation and Media.
28.
1
QE455—UZ
DECnet/SNA Gateway Application
55
2,820
2,820
Interface License with Warranty,
Documentation and Media.
29.
1
QED05—UZ
DEcnet/VAX Full Function License
74
4,250
4,250
with Warranty, Documentation and
Media.
30.
1
QSFO1—SZ
DECnet/SNA Gateway Orientation
n/a
4,000
4,000
and Installation.
TOTAL SYSTEM SOFTWARE
$540
$34,955
RECORDS MANAGEMENT SYSTEM
31.
1
LEADER
Police Records Management System
70,000
70,000
DELIVERY IS from
SPECIAL INSTRUCTIONS
SUB TOTAL
receipt of acceptance of this contract.
continued
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
CONTRACT OFFER
SALES TAX
TEXAS LOGIC
INSTALLATION
REPRESENTATIVE'S SIGNATURE:
FREIGHT
INSURANCE
(Please Type or Print) NAME TITLE DATE
NET AMOUNT
Acceptance of the General Terms and Conditions attached hereto one
Incorporated herein and hereby acknowledged:
By. Buyer
10YACC I kei
(Please Type or Print) NAME TITLE DATE
rs never
4200A North Bicentennial Drive 0 McAllen, Texas 78504 0 (512) 682-0351
QW[Al 1UN
TO City of Lubbock
916 Texas
QUOTATION NUMBER
Lubbock, Tx. 79457
1642 TL
Ref. Proposal # 8559 DATE 7-25-85
ATTN: GENE EADS
L _j
PAGE 6 OF 6
In accordance with your request we are pleased to submit the following quotation which is valid for a period of 30 days
unless modified in writing by Texas Logic.
ITEM
QTY
MODEL NO.
DESCRIPTION
MONTHLY
MAINT.
UNIT PRICE
NET AMOUNT
32.
1
FMIS
Fire Management Information System
25,000
25,000
33.
1
CA
Crime Analysis
16,000
16,000
34.
1
MI
Microfilm Interface
20,000
20,000
35.
1
TI
TELETS Interface
209000
20,000
36.
1
MCI
Managing Criminal Investigations
10,000
10,000
TOTAL RECORDS MANAGEMENT SOFTWARE
12,12
$161,000
ai .,:ally
37.
1
PF—CAD
Police and Fire Computer Aided
5,878
79,000
79,000
Dispatch
annually
38.
1
MCS
Municiple Court System
3,000
25,000
25,000
annually
TOTAL MSIS COST
763,493
Municiple Discount
(131,857)
DELIVERY IS Per Purchase Agreement from
SPECIAL INSTRUCTIONS
SUB TOTAL
receipt of acceptance of this contract.
631, 636
DELIVERY DATES WILL BE CONFIRMED UPON ACCEPTANCE OF YOUR
City is responsible
performanceBand
CONTRACT OFFER
for running cables
Bx
6 000
TEXAS LO
where required to be
in ceiling or walls
INSTALLATION
and furnish any wall,
64
REPRESENVE'SS A URE:
FREIGHT>L
floor or ceiling cover
as required.
INSURANCE
3,000
(Please ypeorPrint) NAME TITLE DATE
J.D. LOWE III Sales Manager 7-25-85
NET AMOUNT-
$ 654 500
Acceptance of the General Terms and Conditions attached hereto anc
Incorporated herein and hereby acknowledged:
By, BDyel
'�FYA'=
(Please Type or Print) NAME TITLE DATI
Ecom uters never Forget
.... ..
4200A North Bicentennial Drive 0 McAllen, Texas 78504 0 (512) 682-0351
N
r{
rI
•
.-1
O
N
rt
N
IC
rn
to
H
to
eb
�
E-)
t°
1, 7
r-�
u)
N
p
o
t~
4a
dl
r{
M
,a
N
�
U
�
to
N
O
O
.tJ
r
N
4J
d)
Os
d)
tb
r{
n,
nl
Ei
�
H
41
b
N
U U �
�
P'
O
UI
rt
,d
,N
�'
E-+
ul A ,N ,N C
P.
N
C
1-1
H
a)
A U al W U.1-0
rl
,'J
N
P,
(A
III
N .tJ J.. N 1.1
Es d) 'd •r1 " F:I 1
1
d)
N
f'.
dl
V
1-3
O
C) It 1-1 N 1-1 N N c O
'U U
J-►
(:
U
r{
v{
P
rl
a-, •r1 0 ✓v
N tti Uri U 11 4)
N
rl'�
E:
A,
I
P4
o oftO
R1
tY:
ql
tf) .0 (�' r 'r( V U ,i) rl
.14 Pr
ul
'C1 4) d1 G4 •.1
dl U U dl O ^� U
111
I1 -
[:
�J
R
r1
ri
;
_
r1 •rl •rl (' It U d) r{
P,
d)
d)
13
rl
�I
rN
bl
.r{
.rl rl ra •r1 U 1-{ fl 1-1 t-:
N o o 11 •,I U •rl U )
d)
rl
'y
�.,
�J
Pa
+� A. P• U E+ P. �: �P.
-j
A
;tn
►-(
A
,-(
1-1
'
rl
y
M
•a'
�n
`o
4
.k -!A
N
rt1
N
H
U
O
.0
,o
a
u
0
44
a�
b
u
V) N
G 44
O 0
.d
+1 N
ra
4 N
� C11
N A)
a
Q)
•-r --
�d
a�
0
O
a
0
a
V
Resolution #2111
EXHIBIT C
TEXAS LOGIC
SOFTWARE SUB -LICENSING AGREEMENT
FOR
DIGITAL SOFTWARE PROGRAM BINARIES
WHEREAS, Texas Logic (hereinafter "Licensee") and City of Lubbock
(hereinafter "Sublicensee") have entered into a Principal
Agreement (hereinafter called "Agreement") dated
August 8, 1985 calling for the acquisition of
certain Equipment and Software; and
WHEREAS, all or a portion of said Software is subject to a
License granted by Digital Equipment Corporation (hereinafter
"DIGITAL");
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. The Software, including any subsequent updates,and any part
thereof may be used on only the single CPU transferred by
Licensee to Sub -Licensee and on which the Software is
thereafter first installed,
2. The Software may be copied, in whole or in part (with the
proper inclusion of the DIGITAL copyright notice and any
DIGITAL proprietary notices on the Software) only for use on
such CPU,
3. In the event that an equipment malfunction occurs in such
single CPU causing the Software to become inoperable on such
single CPU, the Software may be used on another single CPU on
a temporary basis during such malfunction,
4. Sub -Licensee shall not provide or otherwise make available
the Software or any part or copies thereof in any form to any
other party (except Sub -Licensee's employees or agents
directly concerned with Sub -Licensee's licensed use of the
Software),
5. The Software is the proprietary property of Digital and no
title to or ownership of the Software or any parts thereof is
transferred to Sub -Licensee,
6. DIGITAL shall have the right to terminate (i) any sub-licenso
for which the license fee has not been paid, and (ii) any or
all sub -licenses granted hereunder if Sub -Licensee fails to
comply with these sub -license terms and conditions.
Sub -Licensee agrees, upon notice of such termination, to
immediately return or destroy the Software provided under
V
such terminated sub -licenses and all portions or copies
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this day of August
8th CIT OF LUBB K, TEXAS
C
(LjWEE)
SECRETARY
BY:
DATE:
TexAg Logic
L ENSOR
BY:
TITLE: Wi 1 1 i am _flamer - Own nr
DATE: August 1, 1985
AT ST:
SECRETAR
COMPLETE ADDRESS:
Carmen M. Madrigal
Route 1 Box 172-R
Mission, TX 78572
EXHIBIT D
TEXAS LOGIC APPLICATION
SOFTWARE LICENSE AGREEMENT
Texas Logic of 4200-A North Bicentennial Drive, McAllen, Texas
78504 agrees to grant, and City of Lubbock (hereinafter
"CUSTOMER" or "LICENSEE") agrees to accept for valuable
consideration the sufficiency of which is hereby acknowledged, a
nontransferable, non-exclusive license ("LICENSE") to use the
computer program and accompanying documentation ("SOFTWARE")
identified as follow:
MUNICIPLE COURT SYSTEM (MCS)
subject to the following terms and conditions.
1. TITLE - The original and any copies of the Software, in whole
or in part, including any subsequent improvements or updates,
shall be the property of Texas Logic subject to all
conditions in section 2 of this Agreement.
2. USE AND DISCLOSURE OF SOFTWARE - Customer acknowledges that
the Software constitutes trade secrets and proprietary
information of Texas Logic. Subject to Paragraph 3, Customer
shall not without Texas Logic's prior written consent, (a)
reproduce, sell, lease, assign, transfer, license,
sublicense, share, give, otherwise dispose of the software or
any parts thereof; (b) permit the software or any parts
thereof to be copied or reproduced by any persons or
entities; (c) permit the Software or any parts thereof to be
used by any persons or entities other than the Customer's
employees in the course of their employment by the Customer;
or (d) disclose the Software or any parts thereof to any
persons or entities except to employees of Customer solely
for the purpose of using the Software in the course of their
employment by Customer. Customer further agrees that it will
(a) cause the Software to be used and operated in accordance
with its intended use; and (b) notify Texas Logic, if
requested by Texas Logic, of the location of the Software and
all copies thereof.
3. (i) COPIES OF SOFTWARE - Notwithstanding anything to the
contrary contained in Paragraph 2 or elsewhere in this
agreement, Customer, without Texas Logic's consent may
(a) make temporary copies of Software herein for backup
computer equipment if the Customer's computer equipment
is temporarily inoperative for any reason, and/or; (b)
copy any portion of Software herein licensed from
storage units or media into computer equipment in the
normal course of the operation of computer equipment or
in support of the use of any computer equipment or
program; or from storage unit or media to storage unit
or media in the normal course of software backup
procedures.
(ii) SOURCE CODE — Texas'Logic agrees to provide a copy of
its source program to the customer notwithstanding
Section 2 of this agreement, and to insure that such
program is the most current release of the module. The
Source code for the module purchased will be made
available in any event to the CITY if:
A. Texas Logic defaults on the agreement with
CITY, or;
B. Texas Logic ceases to do business, or;
C. Texas Logic stops maintenance support of the
software module in question.
In such case, a copy of the source program and
documentation will be provided to the CITY. CITY has
unrestricted access to the module it has accepted from
Texas Logic, but may not transfer source code or
documentation to any other agency or commercial
business, under any conditions.
4. USE OF SOFTWARE BY TEXAS LOGIC — Nothing in this Agreement
shall prevent Texas Logic from using software identical or
similar to the Software or from reproducing, selling,
leasing, licensing, assigning or otherwise disposing of
identical or similar software to others.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY — Texas Logic
warrants that the Software will conform to Texas Logic's
published program specifications for the Software as
delivered to Customer with the Software. CUSTOMER
ACKNOWLEDGES THAT THE SOFTWARE IS OF SUCH COMPLEXITY THAT IT
INHERENTLY MAY HAVE DEFECTS AND AGREES THAT TEXAS LOGIC'S
SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF THE WARRANTY
STATED HEREIN, AND AS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY,
TEXAS LOGIC WILL,WITHIN A REASONABLE TIME PERIOD AFTER
RECEIPT OF WRITTEN NOTICE FROM CUSTOMER, PROVIDE PROGRAMMING
SERVICES TO CONFORM THE SOFTWARE TO SAID SPECIFICATIONS,
PROVIDED THAT TEXAS LOGIC'S DIAGNOSIS INDICATES THAT ANY SUCH
NON—CONFORMITY WAS IN EXISTENCE AT THE TIME OF DELIVERY OF
THE SOFTWARE TO CUSTOMER AND PRIOR TO ANY ALTERATIONS
THERETO.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, TEXAS LOGIC
MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR
IMPLIED INCLUDING WITHOUT LIMITATION, AND EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE. THE EXPRESS WARRANTY AND EXCLUSIVE REMEDY STATED
HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF TEXAS
LOGIC FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR BREACH BY
TEXAS LOGIC OF ANY TERM OF THIS AGREEMENT. IN NO EVENT SHALL
TEXAS LOGIC HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES,
WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OF ANY OTHER
NATURE WHATSOEVER, EVEN IF TEXAS LOGIC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6. TERM AND TERMINATION - This Agreement is effective from the
date of execution by Licensor and Licensee. This Agreement
may be terminated by Licensor if Licensee fails to comply
with any of the terms and conditions of the Agreement. The
license granted herein for Software shall remain in force
until licensee discontinues the use of Software and notifies
Licensor in writing or such discontinuance.
7. GENERAL - This Agreement may be amended only by means of a
writing executed by Texas Logic and Customer. This Agreement
shall be governed by and construed in accordance with the
laws of the State of Texas.
AT `T-E_S T :
SECRETARY `
DAT
Te,Zas Lo is
ICFENSOR
BY.
TITLE: -William C. Hamer - Owner
DATE: August 1 1985
COMPLETE ADDRESS:
Carmen M Madrigal
Route 1 Box 172-R
Exhibit E
COMMAND DATA SYSTEMS APPLICATION
SOFTWARE LICENSE AGREEMENT
Command Data Systems, Inc. of 6250 Village Parkway, Dublin,
California 94568 (hereinafter "CDS" or "LICENSOR") agrees to
grant, and City of Lubbock (hereinafter "CUSTOMER" or
"LICENSEE") agrees to accept for valuable consideration the
sufficiency of which is hereby acknowledged, a
non -transferable, non-exclusive license ("LICENSE") to use
the computer program and accompanying documentation
("SOFTWARE") identified as follows:
- Police Records Management System (Leader)
- Crime Analysis to include "Shurloc" as a Datatrieve front
end program (CA)
- Police & Fire Computer Aided Dispatch (PF -CAD)
- Telets External Systems Integration (TI)
- Fire Management Information System (FMIS)
- Microfilm Interface (MI)
- Managing Criminal Investigation (MCI)
subject to the following terms and conditions.
1. TITLE - The original and any copies of the Software, in whole
or in part, including any subsequent improvements or updates,
shall be the property of the City of Lubbock subject to all
conditions in section 2 of this Agreement.
2. USE AND DISCLOSURE OF SOFTWARE - Customer acknowledges that
the Software constitutes trade secrets and proprietary
information of CDS. Subject to Paragraph 3, Customer shall
not without CDS' prior written consent, (a) reproduce, sell,
lease, assign, transfer, license, sublicense, share, give,
otherwise dispose of the software or any parts thereof; (b)
permit the software or any parts thereof to be copied or
reproduced by any persons or entities; (c) permit the
Software or any parts thereof to be used by any persons or
entities other than the Customer's employees in the course of
their employment by the Customer; or (d) disclose the
Software or any parts thereof to any persons or entities
except to employees of Customer solely for the purpose of
using the Software in the course of their employment by
Customer. Customer further agrees that it will (a) cause the
Software to be used and operated in accordance with its
intended use; and (b) notify CDS, if requested by CDS, of the
location of the Software and all copies thereof.
3. (i) COPIES OF SOFTWARE - Notwithstanding anything to the
contrary contained in Paragraph 2 or elsewhere in this
agreement, Customer, without CDS consent may (a) make
temporary copies of Software herein for backup computer
equipment if the Customer's computer equipment is
temporarily inoperative for any reason, and/or; (b) copy
any portion of Software herein licensed from storage
units or media into computer equipment in the normal
course of the operation of computer equipment or in
support of the use of any computer equipment or program;
or from storage unit or media to storage unit or media
in the normal course of software backup procedures.
(ii) SOURCE CODE - CDS agrees to provide a copy of its
source program to the customer, notwithstanding Section
2 of this agreement, and to insure that such program is
the most current release of each module. Source codes
for those modules will be made available in any event to
the CITY if:
A. CDS defaults on the agreement with CITY , or;
B. CDS ceases to do business, or;
C. CDS stops maintenance support of the software
module in question.
In such case, copies of the source programs and
documentation will be provided to the CITY. CITY has
unrestricted access to all modules it has accepted from
CDS, but may not transfer source codes or documentation
to any other agency or commercial business, under any
conditions.
4. USE OF SOFTWARE BY CDS - Nothing in this Agreement shall
prevent CDS from using software identical or similar to the
Software or from reproducing, selling, leasing, licensing,
assigning or otherwise disposing of identical or similar
software to others.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY - CDS warrants
that the Software will conform to CDS' published program
specifications for the Software as delivered to Customer with
the Software. CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IS OF
SUCH COMPLEXITY THAT IT INHERENTLY MAY HAVE DEFECTS AND
AGREES THAT CDS' SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF
THE WARRANTY STATED HEREIN, AND AS CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY, CDS WILL, WITHIN A REASONABLE TIME PERIOD
AFTER RECEIPT OF WRITTEN NOTICE FROM CUSTOMER, PROVIDE
PROGRAMMING SERVICES TO CONFORM THE SOFTWARE TO SAID
SPECIFICATIONS, PROVIDED THAT CDS' DIAGNOSIS'INDICATES THAT
ANY SUCH NON -CONFORMITY WAS IN EXISTENCE AT THE TIME OF
DELIVERY OF THE SOFTWARE TO CUSTOMER AND PRIOR TO ANY
ALTERATIONS THERETO.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED HEREIN, CDS MAKES
NO WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED
INCLUDING WITHOUT LIMITATION, AND EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE. THE EXPRESS WARRANTY AND EXCLUSIVE REMEDY STATED
HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CDS
FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR BREACH BY
CDS OF ANY TERM OF THIS AGREEMENT. IN NO EVENT SHALL CDS
HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES, WHETHER DIRECT,
INCIDENTAL, CONSEQUENTIAL, OR OF ANY OTHER NATURE WHATSOEVER,
EVEN IF CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6. TERM AND TERMINATION - This Agreement is effective from the
date of execution by Licensor and Licensee. This Agreement
may be terminated by Licensor if Licensee fails to comply
with any of the terms and conditions of the Agreement. The
license granted herein for Software shall remain in force
until licensee discontinues the use of Software and notifies
Licensor in writing or such discontinuance.
7. GENERAL — This Agreement may be amended only by means of a
writing executed by CDS and Customer. This Agreement shall
be governed by and construed in accordance with the laws of
the State of Texas and venue shall be in Hidalgo County,
Texas.
C7TY/07 LUB)50CK, TEXAS
BY:
DATE: JF- 9-- U Jt
ATTE
C
SECRETARY
LICENSOR
BY: Robert P. Varni
TITLE: Chairman of the Board
DATE: July 31, 1981
ATTEST • ....
W - SECRtTA Y
COMPLETE ADDRESS:
Command Data Systems
6250 Village Parkway
Dublin, CA 94568
4.
Exhibit F
BASIC SERVICE AGREEMENT
Some customers want the economy of a service that offers less
coverage than is provided by the DECservice Agreement. These
customers choose the Basic Service Agreement. It offers a low
cost alternative to customers not needing the comprehensive
coverage of a DECservice Agreement.
The Basic Service Agreement provides high priority response
to calls for remedial service during contract hours.
The Basic Service Agreement provides 8 -hour, 5 -day coverage
to include corrective and preventive maintenance.
This Agreement features the following:
- On-call remedial maintenance from 8 a.m. to 5 p.m., Monday
through Friday, excluding locally observed Digital
holidays.
- A planned preventive maintenance program based on the
specific needs of the equipment as determined by Digital.
- All material and labor needed to complete repairs included
under the terms of this agreement. On-call maintenance
service is also available outside the coverage hours on a
best efforts basis at Digital's Per Call rates. There is
no charge for materials.
- Installation of appropriate Field Engineering Changes to
reflect the latest technological developments.
- Priority response during hours of coverage (typically next
day).
- An assigned Account Representative who is responsible for
total system maintenance and provides an interactive
relationship between the customer and Field Service.
- A Site Management Guide located at each customer site. It
provides the necessary reference material to enable the
customer and the Account Representative to manage and
maintain the computer system more efficiently.
- A problem escalation system.
- Budget control through a fixed monthly charge that includes
all costs of keeping the system in maximum operating
condition.
- A minimum term of one year.
- A Remote Diagnostics capability w
problems is made from a remote loca
PDP -11, DECSYSTEM-20, and DECsyste
the U.S., Europe, and selected
International Area).
here diagnosis of system
tion (available for VAX,
m-10 computer systems in
countries in the General
C
EXHIBIT G
TEXAS LOGIC
APPLICATION SOFTWARE MAINTENANCE AGREEMENT
Texas Logic, whose principal office is located at 4200-A N.
Bicentennial Drive, McAllen, TX 78504 and the CITY of Lubbock,
Texas ("CITY"), a licensee of Texas Logic software, agree as of
the day this Agreement is executed by all parties hereof, as
follows:
1. Texas Logic shall provide the software maintenance service,
hereinafter referred to as "service", described in paragraph
4. for a period of twelve (12) months beginning ninety
(90)days after final acceptance.
2. CITY may purchase, and Texas Logic shall not unreasonably
withhold, continued services from Texas Logic for five (5)
consecutive additional twelve (12) month periods at the then
prevailing annual billing rate for services, unless:
(a) CITY gives notice to Texas Logic within 30 days after
receipt of Texas Logic' annual invoice for services
that the CITY intends to terminate this Agreement,
(b) CITY is no longer a valid licensee of Texas Logic
software,
(c) CITY is greater than 30 days in arrears for any Texas
Logic invoice(s),
(d) CITY has failed to incorporate Texas Logic releases
into the licensed software within 180 days following
request for installation by Texas Logic.
(e) CITY has failed to incorporate the computer
manufacturer's Operating System- releases into the
CITY's system within 180 days following request for
installation by Texas Logic.
(f) Texas Logic licensed software has been modified by
other than Texas Logic without Texas Logic's written
approval,
(g) The computer manufacturer's Operating System has been
modified by other than the manufacturer without Texas
Logic's written approval,
(h) There has been an interruption in, or termination of
this Agreement.
3. This Agreement applies to the Texas Logic software described
in SCHEDULE A and is limited to the computer processor
physically located at: 916 Texas Avenue, Lubbock Texas,
exclusive of revisionlevel, described in SCHEDULE A.
4. The services referred to in Paragraph 1 shall consist of:
(a) Texas Logic shall provide CITY with a reasonable amount
of consultation by telephone to assist CITY in the use
of the software during any normal forty (40) hour work
week.
(b) Texas Logic shall provide CITY with remedial
maintenance of software to substantially conform the
software to Texas Logic's published program
specification for that release level of software
identified in SCHEDULE A. Texas Logic shall, within a
reasonable time period, supply computer program code to
correct any reproducible error, provided that Texas
Logic's diagnostics indicate that such.non-conformity
or error was in existence during the term of this
Agreement or during the initial Warranty Period
extended to the CITY in the purchase agreement for
Texas Logic software.
(c) Suspected error conditions will be investigated and
corrected by Texas Logic personnel at Texas Logic
offices to the extent possible. on-site corrections
shall be at the exclusive judgement of Texas Logic at
no additional cost to the CITY. CITY may, however,
request that Texas Logic conduct such investigations
and corrections at the CITY's location. In the event
that Texas Logic personnel travel to the location of
the CITY at the CITY's request, CITY will pay Texas
Logic for reasonable travel and subsistence expenses.
If Texas Logic, in its reasonable judgement, determines
that the suspected error condition was attributable to
a cause other than an error in Texas Logic' software or
an enhancement by Texas Logic, the CITY will pay for
Texas Logic efforts on a time and materials basis.
(d) Texas Logic may provide the CITY with unsolicited error
corrections or changes to the software, without
additional charge, which Texas Logic determines are
necessary for proper operation of its software, and
CITY shall incorporate these corrections or changes
into the software within 180 days of release by Texas
Logic.
Texas Logic will provide all documentation changes
necessary as a result of changes to the software.
(e) Texas Logic will provide CITY all enhancements released
by Texas Logic as standard enhancements, and which are
generally made available to other cities purchasing
comparable software during the term of this Agreement.
Texas Logic personnel shall install the software
enhancements on the CITY's computer system at the
CITY's location at no additional charge.
5. Software service requires the installation by TEXAS LOGIC of
a DEC DF112-AA 300/1200 baud Modem, or approved equivalent
at Texas Logic expense. This device will permit Texas Logic
to effect software diagnostics, changes, and corrections
from a remote location, when appropriate.
6. During the term of this Agreement Texas Logic will use its
best efforts to maintain the software free of defects and
imperfections that would prevent the software from
performing according to the original or then prevailing
specifications set forth in Texas Logic's published
material.
TEXAS LOGIC MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY WORK STATED
HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CDS
FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR BREACH BY
TEXAS LOGIC OF ANY TERM OF THIS AGREEMENT. IN NO EVENT
SHALL TEXAS LOGIC HAVE ANY OBLIGATION OR LIABILITY FOR
DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OF
ANY OTHER NATURE WHATSOEVER, EVEN IF TEXAS LOGIC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Texas Logic will invoice CITY for the maintenance fee
described in SCHEDULE B. Invoices for software maintenance
services will be furnished annually, in advance. All
invoices are due and payable in full upon receipt.
S. Maintenance fee shown in SCHEDULE B are exclusive of all
present and future federal, state or local sales, use,
excise or processing taxes or any other tax or charge that
is or may be imposed on the services provided, save taxes on
net income. Texas Logic failure to include or correctly
compute such taxes on its invoices shall not relieve CITY of
its obligation hereunder.
9. Texas Logic agrees that all enhancements shall be the
exclusive property of Texas Logic pursuant to the CITY -Texas
Logic License Agreement.
10. During the course of this Agreement, CITY shall provide
Texas Logic personnel with adequate work space for
technicians as may be required by Texas Logic to carry out
its service obligations.
11. CITY will be responsible for maintaining the computer.
hardware, communications equipment, telephone lines,
cabling, modems, and all other hardware equipment. CITY
will make available reasonable computer time for the testing
and maintenance of software. CITY will make available all
necessary supplies such as paper, magnetic tape, and disk
packs.
12. Concerning all employees in the State of Texas, Texas Logic
and CITY agree that (a) each laborer shall have wages
computed on the basis of a standard work day of eight (8)
hours and a standard work week of forty (40) hours in the
work week, and (b) no laborer shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health and safety
as determined under safety and health standards promulgated
by the Secretary of Labor by regulations (20 CFR 1518), and
(c) it will provide proof of compliance with the Labor Laws
of the State of Texas requiring employers to be insured
against liability for workers' compensation, if requested by
the CITY, and (d) it shall provide proof of comprehensive
general liability insurance if requested by the CITY.
13. Texas Logic and CITY agree that maintenance service is
provided during Texas Logic' normal 40 hour work week.
Certain critical conditions may exist which require work
outside these hours, and Texas Logic will make a best effort
to respond. However, Texas Logic reserves the right to
provide a price quotation and estimate of time for service
requested by the CITY which requires substantial work
outside Texas Logic' normal working hours.
14. If any provisions of this Agreement shall be held to be
invalid, illegal, or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
15. This Agreement shall be governed according to the laws of
the State of Texas.
16. The parties hereto may not assign the rights or obligations
hereunder without the prior written consent of the other
party.
17. This Agreement, including SCHEDULES A and B attached hereto,
constitute the entire agreement, understanding and
representations between Texas Logic and the CITY. No
modifications or amendments to the Agreement shall be valid
unless in writing and signed by duly authorized
representatives of the parties.
18. Texas Logic shall indemnify and save harmless the City and
its agents and employees from all suits, actions or claims
of any character, type or description brought or made for or
on account of any injuries or damages received or sustained
by any person or persons or property, arising our of, or
occasioned by the acts of Texas Logic or its agents or
employees in execution or performance of this contract.
CITY and Texas Logic have caused this Agreement to be
executed by their duly authorized officers as of the day and
year this Agreement is executed by all parties hereof.
`CT 0 LUBBUICK, TEXAS
BY:
DATE:
7LS -EK E -TA R Y
DATE: August -1, 1985
ATT T:
SECRETARY
COMPLETE ADDRESS:
Carmen ---M. Madrigal
Route 1 Box 172-R
Mission, TX 78572
SCHEDULE A
Texas Logic shall provide software maintenance service
to the following Texas Logic Software Modules:
Software Module Description:
Municiple Court System (MCS)
City Computer:
VAX 11/780
Computer Operating System:
VAX/VMS
Serial Number:
Not available at signing, to be included upon
delivery of CPU on-site.
SCHEDULE B
ANNUAL MAINTENANCE SERVICE FEES
Module Description:
All Application Software
Listed in Schedule A.
$3,000.00
EXHIBIT H
COMMAND DATA SYSTEM, INC.
APPLICATION SOFTWARE MAINTENANCE AGREEMENT
COMMAND DATA SYSTEMS, INC. ("CDS"), whose principal office is
located at 6250 Village Parkway, Dublin, California 94568 and the
CITY of Lubbock, ("CITY"), a licensee of CDS software, agree as
of the day this Agreement is executed by all parties hereof, as
follows:
1. CDS shall provide the software maintenance service,
hereinafter referred to as "service", described in paragraph
4. for a period of twelve (12) months beginning ninety (90)
days after final acceptance.
2. CITY may purchase, and CDS shall not unreasonably withhold,
continued services from CDS for five (5) consecutive
additional twelve (12) month periods at.the then prevailing
annual billing rate for services not to exceed a 10% annual
increase, unless:
(a) CITY gives notice to CDS within 30 days after receipt
of CDS' annual invoice for services that the CITY
intends to terminate this Agreement,
(b) CITY is no longer a valid licensee of CDS software,
(c) CITY is greater than 30 days in arrears for any CDS
invoice(s),
(d) CITY has failed to incorporate CDS releases into the
licensed software within 180 days following request for
installation by CDS,
(e) CITY has failed to incorporate the computer
manufacturer's Operating System releases into the
CITY'S system within 180 days following request for
installation by CDS,
(f) CDS licensed software has been modified by other than
CDS without CDS' written approval,
(g) The computer manufacturer's Operating System has been
modified by other than the manufacturer without CDS's
written approval,
(h) There has been an interruption in, or termination of
this Agreement.
3. This Agreement applies to the CDS software described in
SCHEDULE A and is limited to the computer processor
physically located at 916 Texas Avenue, Lubbock, Texas
exclusive of revision level, described in SCHEDULE A.
4. The services referred to in Paragraph 1 shall consist.of:
(a) CDS shall provide CITY with a reasonable amount of
consultation by telephone to assist CITY in the use of
the software during any normal forty (40) hour work
week.
(b) CDS shall provide CITY with remedial maintenance of
software to substantially conform the software to CDS's
published program specification for that release level
of software identified in SCHEDULE A. CDS shall,
within a reasonable time period, supply computer
program code to correct any reproducible error,
provided that CDS's diagnostics indicate that such
non -conformity or error was in existence during the
term of this Agreement or during the initial Warranty
Period extended to the CITY in the purchase agreement
for CDS software.
(c) Suspected error conditions will be investigated and
corrected "by CDS personnel at CDS' offices to the
extent possible. On-site corrections shall be at the
exclusive judgement of CDS at no additional cost to the
CITY. CITY may, however, request that CDS conduct such
investigations and corrections at the CITY's location.
In the event that CDS personnel travel to the location
of the CITY at the CITY's request, CITY will pay CDS
for reasonable travel and subsistence expenses. If
CDS, in its reasonable judgement, determines that the
suspected error condition was attributable to a cause
other than an error in CDS' software or an enhancement
by CDS, the CITY will pay for CDS efforts on a time and
materials basis.
(d) CDS may provide the CITY with unsolicited error
corrections or changes to the software, without
additional charge, which CDS determines are necessary
for proper operation of its software, and CITY shall
incorporate these corrections or changes into the
software within 180 days of release by CDS.
CDS will provide all documentation changes necessary as
a result of changes to the software.
(e) CDS will provide CITY all enhancements released by CDS
as standard enhancements, and which are generally made
available to other cities purchasing comparable
software during the term of this Agreement.
CDS personnel shall install the software enhancements
on the CITY's computer system at the CITY's location at
no additional charge.
(f) If the External System Interface Module (ESIM) is
included in SCHEDULE A, CDS shall provide services to
make modifications imposed on the ESIM by external
computer systems, up to the maximum number of annual
hours shown in SCHEDULE B. Service work in excess of
this maximum will be billed at the prevailing
Supplementary Billing rate shown in SCHEDULE B, plus
any travel expenses at CDS' cost. Normal CDS service
to the ESIM, not imposed by the external compute
system, is not subject to the maximum hours or
Supplementary Billing restrictions.
5. Software service requires the installation by the CDS of a
Racal-Vadic AutoAnswer VA3450 300/1200 baud Modem, or
approved equivalent at CDS expense. This device will permit
CDS to effect software diagnostics, changes, and corrections
from a remote location, when appropriate.
6. During the term of this Agreement CDS will use its best
efforts to maintain the software free of defects and
imperfections that would prevent the software from
performing according to the original or then prevailing
specifications set forth in CDS's published material.
CDS MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR
IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE. THE REMEDY WORK STATED HEREIN IS IN
LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CDS FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR
PERFORMANCE OF THE SOFTWARE OR BREACH BY CDS OF ANY TERM OF
THIS AGREEMENT. IN NO EVENT SHALL CDS HAVE ANY OBLIGATION
OR LIABILITY FOR DAMAGES, WHETHER DIRECT, INCIDENTAL,
CONSEQUENTIAL, OR OF ANY OTHER NATURE WHATSOEVER, EVEN IF
CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. CDS will invoice CITY for the maintenance fee described in
SCHEDULE B. Invoices for software maintenance services will
be furnished annually, in advance. All invoices are due and
payable in full upon receipt.
8. Maintenance fees shown in SCHEDULE B are exclusive of all
present and future federal, state or local sales, use,
excise or processing taxes or any other tax or charge that
is or may be imposed on the services provided, save taxes on
net income. CDS failure to include or correctly compute
such taxes on its invoices shall not relieve CITY of its
obligation hereunder.
9. CDS agrees that all enhancements shall be the exclusive
property of CDS pursuant to the CITY -CDS License Agreement.
10. During the course of this Agreement, CITY shall provide CDS
personnel with adequate work space for technicians as may be
required by CDS to carry out its service obligations.
11. CITY will be responsible for maintaining the computer
hardware, communications equipment, telephone lines,
cabling, modems, and all other hardware equipment. CITY
will make available reasonable computer time for the testing
and maintenance of software. CITY will make available all
necessary supplies such as paper, magnetic tape, and disk
packs.
12. Concerning all employees in the State of Texas, CDS and CITY
agree that (a) each laborer shall have wages computed on the
basis of a standard work day of eight (8) hours and a
standard work week of forty (40) hours in the work week, and
(b) no laborer shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous or
dangerous to his health and safety as determined under
safety and health standards promulgated by the Secretary of
Labor by regulations (20 CFR 1518), and (c) it will provide
proof of compliance with the Labor Laws of the State of
Texas requiring employers to be insured against liability
for workers, compensation, if requested by the CITY, and (d)
it shall provide proof of comprehensive general liability
insurance in amounts satisfactory to the CITY, if requested
by the CITY.
13. CDS and CITY agree that maintenance service is provided
during CDS' normal 40 hour work week. Certain critical
conditions may exist which require work outside these hours,
and CDS will make a best effort to respond. However, CDS
reserves the right to provide a price quotation and estimate
of time for service requested by the CITY which requires
substantial work outside CDS' normal working hours.
14. If any provisions of this Agreement shall be held to be
invalid, illegal, or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
15. This Agreement shall be governed according to the laws of
the State of Texas.
16. The parties hereto may not assign the rights or obligations
hereunder without the prior written consent of the other
party.
17. This Agreement, including SCHEDULES A and B attached hereto,
constitute the entire agreement, understanding and
representations between CDS and the CITY. No modifications
or amendments to the Agreement shall be valid unless in
writing and signed by duly authorized representatives of the
parties.
18. CDS shall indemnify and save harmless the City and its
agents and employees from all suits, actions or claims of
any character, type or description brought or made for or on
account of any injuries or damages received or sustained by
any person or persons or property, arising our of, or
accasioned by the acts of CDS or its agents or employes in
execution or performance of this contract.
CITY and CDS have caused this Agreement to be executed by
their duly authorized officers as of the day and year this
Agreement is executed by all parties hereof.
(CI;�O�L�j/,' J�JBBOC-"Jr TEXAS
/
BY:
DATE: E -y j'y
SECRETARY
VE DOR
r,.
SECRETARY
BY: Robert P. Varni
TITLE: Chairman of the Board
DATE: July 31, 1981
COMPLETE ADDRESS:
Comman Data Systems
6250 Village Parkway
Dublin, CA 94568
SCHEDULE A
CDS shall provide software maintenance service to the
following CDS Software Modules:
Software Module Description
- Police Records Management System (Leader)
- Crime Analysis to include "Shurloc" as a Datatrieve front
end program (CA)
- Police and Fire Computer Aided Dispatch (PF -CAD)
- Telets External System Integration (TI)
- Fire Management Information System (FMIS)
- Microfilm Interface (MI)
- Managing Criminal Investigations (MCI)
CITY Computer
VAX 11/780
Computer Operating System.
VAX/VMS
Serial Number
Not available at signing. To be included upon delivery of
CPU on-site.
SCHEDULE B
ANNUAL MAINTENANCE SERVICE FEES
Module Description Annual Fees
All Application Software $18,000.00
Listed in Schedule A
EXTERNAL SYSTEM INTERFACE MODULE
SUPPLEMENTARY BILLING RATE
The maximum number of service hours shall be twenty—five(25)
annually. Thereafter, the hourly rate for External Systems
Interface Module (ESIM) service shall be $30.00*.
These prices are exclusive of taxes and shall remain in
effect from to Future billings are
subject to increase in prices.
Exhibit I
SMMC MAINTENANCE OUTLINE
INTRODUCTION Self -Maintenance Service is designed for
Customers who have a highly technical
staff to maintain their own software or
purchase their software through an OEM
and only require a written communications
channel with Digital and updates of
software.
FEATURES 1. New Software Releases and Interim
Updates made generally available.
2. Response to . Customer Software
Performance Reports (SPRs) submitted.
Responses may include any of the
following: indication of status,
specific workaround, specific solution,
publication, globally, of information in
relevant newsletter.
3. Improvements and Enhancements to
Software Reference Manuals made generally
available.
4. A Digital Newsletter which includes
topics such as information about software
enhancements, other software changes,
programming notes, and documentation
corrections.
AVAILABILITY Self -Maintenance Service is available
throughout the United States and the
District of Columbia.
Term
The initial contract term for
Self -Maintenance Service is one (1) year.
It may be cancelled thereafter upon
ninety (90) days, notice.. A long-term, 3
to 5 year, contract is available which
will guarantee a maximum of 10% annual
increase in rates while only charging the
Customer for the lesser rate in the event
an increase does occur.
Self -Maintenance Service is also
available in other countries. Please
contact you Digital office for more
information.
SERVICE ELIGIBILITY Licensed software is eligible for
Self -Maintenance Service for Software
upon installation of the software. The
equipment and software must be properly
maintained at the latest Digital revision
level and must contain at least the
minimum hardware and prerequisite
software specified in the applicable
Software Product Description (SPD).
Changes to the above requirements may
limit any services to a reasonable effort
and may result in adjustments to the
service charges.
CUSTOMER In order to be provided Self -Maintenance
RESPONSIBILITIES Service, Customer must: maintain a
current backup copy of the programs and
data
SERVICE LIMITATIONS The following maintenance services are
not included under Self -Maintenance
Service:
- Services which, in Digital's opinion,
are required due to improper treatment or
misuse of the equipment,
- Services which, in Digital's opinion,
are required due to unauthorized attempts
by other than Digital personnel to
repair, maintain, or modify the equipment
or software, or
- Causes external to Digital -maintained
equipment and software.
Individual software products which have
been discontinued or reclassified as
"Customer Supported" may be withdrawn
form Service upon one hundred eighty
(180) days prior written notice, which
shall not be issued prior to the end of
the first year of service. Services not
covered under Self -Maintenance Service
may, upon request, be provided at
Digital's per call rates and Terms and
Conditions then in effect.
Exhibit J
PROJECT TEAMS
TEXAS LOGIC:
1. J. D. Lowe, III - Manager
2. Rey Banda
3. Richard Bennett
Command Data System:
1. Ray L. Ganner-Manager
2. Richard S. Artusy Jr.
3. Joseph f. Taggard Jr.
City of Lubbock:
1. John Aldredge
2. Kerry R. Wagnon
EXHIBIT K
COMMAND DATA SYSTEMS
SOFTWARE SUB -LICENSING AGREEMENT
FOR
DIGITAL SOFTWARE PROGRAM BINARIES
WHEREAS, Command Data System, (hereinafter "Licensee") and City
of Lubbock(hereinafter "Sublicensee") have entered into
a Principal- A reement (hereinafter called "Agreement")
dated august 8, 1985 calling for the acquistion of
certain Equipment and/or Software; and
WHEREAS, all or a portion of said Software is subject to a
License granted by Digital Equipment Corporation
(hereinafter "DIGITAL");
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. The Software, including any subsequent updates, and any
thereof may be used on only the single CPU transferred
by licensee to Sub -Licensee and on which the Software is
thereafter first installed,
2. The Software may be copied, in whole or in part (with
the proper inclusion of the DIGITAL copyright notice and
any DIGITAL propietary notices on the Software) only for
use on such CPU,
3. In the event that an equipment malfunction occurs in
such single CPU causing the Software to become
inoperable on such single CPU, the Software may be used
on another single CPU on a temporary basis during such
malfunction,
4. Sub -Licensee shall not provide or otherwise make
available the Software or any part or copies thereof in
any form to any other party (except Sub -Licensee's
employees or agents directly concerned with
Sub -Licensee's licensed use of the Software),
5. The Software is the property of DIGITAL and no title to
or ownership of the Software or any parts thereof is
transferred to Sub -Licensee,
6. DIGITAL shall have the right to terminate (i) any
sub -license for which the license fee has not been paid,
and (ii) any or all sub -licenses granted hereunder if
Sub -Licensee fails to comply with these sub -license
terms and conditions. Sub -Licensee agrees, upon notice
of such termination, to immediately return or destroy
the Software provided under such terminated sub -licenses
and all portions or copies thereof.
of such termination, to immediately return or
destroy the Software provided under such
terminated sub—licenses and all portions or copies
thereof.
8th
IN WITNESS WHEREOF, the parties hereto have executed this day
of August , 1985
(SUBCITYL B00%- TEXAS
BY:
BY: Robert P. Varni
TITLE• Chairman of the Board
DATE: July 31, 1981.
ATTT :
..._' ,
A, -
SECRETARY
COMPLETE ADDRESS:
Command Data Systems
6250 Village Parkway
Dublin, CA 94568
Resolution #2111
TEXAS LOGIC CARRY -IN SERVICE TERMS AND CONDITIONS
TERM•
This Agreement shall be effective on the specified date.
the initial term is twelve (12) months from the
Commencement Date, after which this Agreement may be
terminated by either party upon ninety (90) days prior
written notice.
ELIGIBILITY FOR SERVICE:
Equipment is eligible for service under this Agreement
provided it is in good operating condition and Texas Logic's
serviceability requirements and site environmental conditions
are met. Prior to the Commencement Date of the Agreement
equipment repairs and/or adjustment Texas Logic determines to
be necessary shall be made at Texas Logic per call rates,
terms and conditions then in effect.
SERVICE RESPONSIBILITIES OF TEXAS LOGIC:
Service Responsibilities of Texas Logic under Carry -In
Service:
(a) Texas Logic, at its option, will repair or replace
equipment or material properly returned for service
within two (2) working days after receipt of material.
Service may include the replacement of parts damned
necessary by Texas Logic: All parts shall be new parts
or parts of equal quality. (Replaced parts become the
property of Texas Logic).
(B) Texas Logic will install applicable Field Change Orders
(FCO's) at no additional cost.
SERVICE LIMITATIONS:
The following maintenance services are not included under
this Agreement; (a) requests for service outside the Call
Window; (b) services which in Texas Logic's opinion, are
required due to improper treatment or use of the
equipment; (c) unauthorized attempts by other than Texas
Logic personnel to repair, maintain or modify the
equipment, or (d) causes external to Texas Logic
maintained equipment.
Maintenance materials, tools, documentation, Site
Management Guide, diagnostics and test equipment provided
by Texas Logic shall remain the exclusive property of
Texas Logic.
Unless otherwise noted, service does not include
applicable travel charges, reconfiguration or coverage on
locally observed Texas Logic holidays.
Following twelve (12) months of service or any time
thereafter, if individual items cannot, in Texas Logic
opinion, be properly repaired due to excessive wear or
deterioration, Texas Logic may withdraw the item(s) from
coverage upon ninety (90) days prior written notice.
RESPONSIBILITIES OF CUSTOMER
Responsibilities of Customer Under Carry -In Service:
Customer will bring or send equipment to a Texas Logic
Service Center.
CHARGES
Payment of the applicable monthly charge is due upon
receipt of invoice.
Charges for maintenance services not covered under this
Agreement shall be invoiced at Texas Logic's per call
rates, terms and conditions in effect when the service is
performed.
Texas Logic may adjust the applicable charge after the
initial term upon ninety (90) days prior written notice.
Charges are exclusive of and Customer is responsible for
all sales, use and like taxes.
MOVEMENT OF EQUIPMENT
Customer shall notify Texas Logic thirty (30) days prior
to moving equipment. Texas Logic shall be under no
obligation to continue service if equipment is moved
without the prior written approval of Texas Logic.
Texas Logic, at its option, shall supervise the
deinstallation and reinstallation of equipment Customer
wishes to move. Monthly charges will be adjusted and/or
reinstated on the day following equipment reinstallation.
Customer shall pay for labor and material provided
during the movement of equipment at Texas Logic's then
current rates, terms and conditions.
LIMITATION OF LIABILITY AND WARRANTY
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, TEXAS
LOGIC DISCLAIMS ALL WARRANTIES INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AN FITNESS FOR A PARTICULAR
PURPOSE.
GENERAL
CUSTOMER'S RIGHT TO RECOVER PROPERTY DAMAGES CAUSED BY
TEXAS LOGIC'S FAULT OR NEGLIGENCE SHALL BE LIMITED TO ONE
HUNDRED THOUSAND ($100,000.00) DOLLARS. TEXAS LOGIC
WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF PRODUCTS OR FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. This limitation of Texas Logic liability
will apply regardless of the form of action, whether in
contract or tort including negligence. Any action
against Texas Logic must be brought within twenty-four
(24) months after the cause of action occurs.
Texas Logic shall not be liable for any delay in
performance due to causes beyond the reasonable control
of Texas Logic.
If either party falls to perform its obligations under
this or any other agreement between the parties, and such
failure continues for a period of twenty (20) days after
written notice, the other party shall have the right to
terminate this Agreement. This Agreement is the complete
and prevailing agreement between the parties with respect
to the subject matter herein, and there are no other
understanding, oral or written. The provisions of this
Agreement are declared to be severable. Neither party
may assign this Agreement unless mutually agreed. This
Agreement is governed by the laws of Texas.
(D
rt
ro
CrJ
cn
t=i
z
y
y
(D
En
K
rt
0)
En
rt
ro
G)
t�!
F�
0
ro
Fl
H
C
d
y
t+7
----------------
z---------------
z
rr:yH
ro
1-n
>n.
O
H
:3:
0 :'
>C 1 y>
ro
til
t3' [D O
wnron
�
(D CT I -h----------
\x0xd
>
rr
nzHzUi
a
0' cD
x z x
z�
'y En rrl
a
H
z
C)
rl
zCcnz�
0
�t."0
" a
mod
�--F
a (D
--
rD
C
ctri
F•�3yHH
t-+
d
C7H
\>
C•gaH
rD
0
a
m
n
a
F" F-
03
m
til
> x
(D
En
K
rt
0)
En
rt
ro
G)
t�!
F�
0
ro
Fl
H
C
d
y
t+7
----------------
z---------------
z
rr:yH
wN F'H
1-n
>n.
O
H
:3:
0 :'
>C 1 y>
FO
til
t3' [D O
wnron
�
(D CT I -h----------
\x0xd
>
rr
nzHzUi
FC,
0' cD
x z x
V
'y En rrl
0W
wn w
z
C)
rl
zCcnz�
0
�t."0
" a
mod
�--F
a (D
--
to
C
(D 0)
F•�3yHH
t-+
Qcnc: a3' U) U) — — — — — — — —
(t �
� ct 0
I -j• rt
rt 0
n rr
FY]
0w
H
L~
ro
ti----------
1-n
>n.
Z
H
0 :'
>C 1 y>
FO
am
wnron
O
\x0xd
>
rr
nzHzUi
FC,
�O'
V
'y En rrl
O
ty
=J
°v
C
zCcnz�
0
�t."0
¢ CD
z H z
�--F
to
--
110
— —
bb
F•�3yHH
H
ro
to
1-n
>n.
Z
H
I -h
FO
O
Hd
>
a
ON F- ` N
FC,
V
'y En rrl
C
ty
=J
°v
cn
HH
0
�t."0
�v
--
—
—
rr x
z� m>
C7H
1-3
C•gaH
n
a
F" F-
03
m
til
> x
z
00H0
>00
in
w >
�
H
O>
::r U)
o0 C)
G)
N
t=J
:j �l
Crl
t�
an
ro
L, t -I
a W
r
d
7d
O
H•----------
t%j�
(7)O'
J
N N N
CrJ
iv
b
(1Is
pi
z
I
�+ .~~t
FF" N cN°
> L
w
H
�
\\ \Hn
rn
y
N
FL in
rn N o
n O
cn
H. F -n
m m o
H
ri O
Oo
H
t
m n
o
m c(D
— — — — — — — — — —
G) tx+
5d
tt
M F-3 En > z til F-3 t -I H
0 M>CHx� y z
w 0 C 3•• ZH O
z
ytil G] Hro M
> 0 n mH P<
tt > n 0 cn M Crnc3 H
H>"d r•• C) til wcnFz-Fo-yC
W m r rnv �,
oH0
cnxw 1--A--j
xH>�
0 M 1-3 1 N cn x r t-4
L7z0 Imo'ul 01% Mcntil ww
Ord N I F3CO3
zxC o0 �wdx n
sC"H NO OH
cn�Cd I Ln --j0z
trJ oko koz0
> nw o •P
0 >z NI v"
n0�
0rnC)
Z C
En
�zH
H 0 0
H H ,g
o n m --------------
cn H LTJ 0 H txJ 0 FO
�'d>CrJH�A-yNt]HNlOnH H
ro xl v> n to t2i 0 v> C I-' H ro m
ro rnxn>a xnwy�4 r
L-4 t1l O H t-4 o 0 cn 0 �-3 w m 0
H cnz•• C totil z•• OH z
nH txi t%J> Wtrl nMOH W
>x1-3•• z r• x�Crl mth
M1-3> tMf3z"0 t1]H�CC) F -I
• mr)Ln►ctgwnncoPitLI>to> n
'onH 0H >o>FJ0CwH L%jt-I
zLn"W n yrnrC til 0H O
En 1-0 1 >Entil H 1 cnzn0 >C)
I-3rnz z 0�4::4 Cxz 0H
z N>Jm 0
ZNJlTJ •• ;dn
G� ko L�
H
�
un > Nz�
OZ
20 ttj
zN
H >
Hz
Hn ---------------
0 txJ 1-3 0 H
--------------
0txJynH ro ro n n H
0 z > M O til
zlz-]O 0Ntr-+C zr'0
,�
>Z0HrrJ zdzn zOD
,-3
HHnC3M= d O>I- m ncnr
>nH0 W0 ►Cz trlo0
0mHCftlCz •• UF3 ZH(7)
�Oz`nM•• czrd z 0
0 z •• w 10 Z •• M y
HC z .. >
0 til r O H o
t
tilri
xr� z z' z
H a0 0 n til
cn c z
H t=J y
z �z 0
H x
r
�c
H
I -h
FO
O
C=J
>
a
ON F- ` N
FC,
CD
ty
=J
°v
to Fn
cn N•
--
—
—
rr x
----------
n
a
F" F-
o F, �FwZ,
>00
�a
O>
::r U)
o0 C)
G)
m r
(D
t�
cn
� i'tl
t(
O
iv
an
�
N
N
FL in
rn N o
n O
cn
W rr
o p. p
wH
ri O
Oo
o
m c(D
o c o
G) tx+
M F-3 En > z til F-3 t -I H
0 M>CHx� y z
w 0 C 3•• ZH O
z
ytil G] Hro M
> 0 n mH P<
tt > n 0 cn M Crnc3 H
H>"d r•• C) til wcnFz-Fo-yC
W m r rnv �,
oH0
cnxw 1--A--j
xH>�
0 M 1-3 1 N cn x r t-4
L7z0 Imo'ul 01% Mcntil ww
Ord N I F3CO3
zxC o0 �wdx n
sC"H NO OH
cn�Cd I Ln --j0z
trJ oko koz0
> nw o •P
0 >z NI v"
n0�
0rnC)
Z C
En
�zH
H 0 0
H H ,g
o n m --------------
cn H LTJ 0 H txJ 0 FO
�'d>CrJH�A-yNt]HNlOnH H
ro xl v> n to t2i 0 v> C I-' H ro m
ro rnxn>a xnwy�4 r
L-4 t1l O H t-4 o 0 cn 0 �-3 w m 0
H cnz•• C totil z•• OH z
nH txi t%J> Wtrl nMOH W
>x1-3•• z r• x�Crl mth
M1-3> tMf3z"0 t1]H�CC) F -I
• mr)Ln►ctgwnncoPitLI>to> n
'onH 0H >o>FJ0CwH L%jt-I
zLn"W n yrnrC til 0H O
En 1-0 1 >Entil H 1 cnzn0 >C)
I-3rnz z 0�4::4 Cxz 0H
z N>Jm 0
ZNJlTJ •• ;dn
G� ko L�
H
�
un > Nz�
OZ
20 ttj
zN
H >
Hz
Hn ---------------
0 txJ 1-3 0 H
--------------
0txJynH ro ro n n H
0 z > M O til
zlz-]O 0Ntr-+C zr'0
,�
>Z0HrrJ zdzn zOD
,-3
HHnC3M= d O>I- m ncnr
>nH0 W0 ►Cz trlo0
0mHCftlCz •• UF3 ZH(7)
�Oz`nM•• czrd z 0
0 z •• w 10 Z •• M y
HC z .. >
0 til r O H o
t
tilri
xr� z z' z
H a0 0 n til
cn c z
H t=J y
z �z 0
H x
r
�c
(D
rt
nom\
(D fD
Q..
00
m
H
O
n
>v
O
(D
n
C
n
,rto
n�3
0;;
1C 0.
H•
C
(D
n
n
co
rt
a
rt
n
rt
- -
- - -
-
- -
- - -
- - - - - - - -
W N
- --
N
d
�i
>
en cn
O CD I -h
CA Ntt
H
LTJ
�
<
r
H
z
0
H
rr AF
t�
rJ�En7dtrJ••
C+l L0
N
(nH
• z
zes
H
Ll tri
wo
DtNr1
q0
v -
-----
�rW4
Dt'
H
-
-
'•C rte
H z
H
rp
x
0
tV W5
rr (D
xz
x
[n
z�
W
H• rr
LTJ
VI
z�
oo
rt w
C)
0 � D
z
tzrl
=C
H
z
H
O n ¢+
o ,� ,a
n O C
I
MH
N
H
> O
S l ro
•
. r.
zx
CrJ
() H
O
ro 0
O m
hoz
d
t=l
>W
en cn
11,0
CA Ntt
C=7 d b b
LTJ
�
<
r
H
z
0
H
rr AF
t�
rJ�En7dtrJ••
C+l L0
txj
(nH
• z
zes
r• m0pli
Ll tri
wo
DtNr1
q0
(i3 H.1
r �
�rW4
--
-
-
-
rr xS
O
d G)
Cid
;V,u
til
0
tV W5
0zo
k
[n
z�
W
H• rr
LTJ
VI
oo
rt w
z
00C>
OH
z
tzrl
ttzj
N
z
x H
11.
o ,� ,a
�
•
O
H
> O
AF
•
>n
tin
H
H
ct 1 C
((n p
til
H
G) >
�m
o0 00
z
C
n
---------
----------
til
(D rl'
0)
uF :71
x1
H
R. (D
w l) ni C)
H
\ x O x
- -
-
-
-
w----------
H
0
�
(n
(DO
H O
O
z
tiJ
•
iv (D
z H z
F"
'Zl
to H > H
-
-
a) N Cb
C)
eo
1-3 13
b
1-0
Uj
o ,I� �
x
z
z
z
P.<
" O
zx o
•
(D
d(nC�
ro
z4�
9)m
(D ro
oc o0
C)
WCiI�H
by
NN
t''H�H
m
0
x
--
0 to x
>
0 70d
rr:4
d
H
a
:4
(D H•
H
H
x
til
I-'
> x
z
H
.w
H
H
H ',TJ
J�
r I
Sb (D
.W
'G
H
N
til
G
5
CEJ
tij
ro
r� r
¢. a
t -I
0
0
z
O
H
- - - - - - - - -
CiJn
O
N N N
_
ro
z
F"
'
a.
N
1-"
txl
10
rr ro
o o OD
cn
H
H rt,
mm ON
z
c
�(D
H
VI
m n
---------
rt.
H
H
I -h
z r
O,
0 r.
> r
H C
tL
Q F-4 M
,u En
tmH0
zd�
;zWO
IH LTJ G)
I t- H
>oC)
�
H > z
xHtil
I�HEEn
I (n x
I0til H
Ir O
I�oro
LHTJIz30
zxc
z t~ H
to 1•C 0
� n
0�d
n O
z`�c
(� H in
HzH
HA00
H H :4
Oz��J
�dG")
En F -I
b• z
ro M
L-1 M
H to
W LTJ O
LTJ H >
• t� n
1 3 Cil
1 to ro
I > H
I d
I H
1 z M
0z
H
H z
H r)
O tLI
z
to cn
t3l
1-3 H
> C)
C; n CrJ
z x
H LTJ O
H 0 z
11 IA til 1-3 C)
o�>xcrZI0
zxtil rrz
EAviroro>
MxHx()
Cz•• 01-3
H b t+7
(')1-3 ••
� z � 0
> - 00 z
t -I •• o til
r ON
J>
ONO
I N En
Cn -t 1
F� Ln m
N I
I � N
rn Co
OD O
N O
I U1
oko
wo
ts► I
� rn
W �
L4 H
z
H
O C)
C)
r�zc)
C; m C; H
W w z H
OUl 0
C) F-+ H O
x w
t-4 t -I
H C
til to W W
yyHO ;U
to r(-) d
odx n
ko G)
cn t4
-j I
0
---------------
b n cn
() H
til 0
H til 0 FO
O m
O
ONt-
t=l
>W
"CrilHH
11,0
CA Ntt
C=7 d b b
LTJ
WC)o
WC)wm -3z
r
ro
Cn0H W k
0
..
trJ
t�
rJ�En7dtrJ••
C+l L0
n ol
(nH
• z
zes
r• m0pli
Ll tri
wo
z
q0
(i3 H.1
LT1H
HO tiles Cn
--
-
-
-
rr xS
---------
d G)
1 >Et
nLTJ
tri no
H zI En o
0
ON o y
0zo
k
--j
z�
N :Do --I LTJ
• • N G) �
LTJ
0 n
oo
z
00C>
OH
z J
tzrl
ttzj
N
z
x H
11.
o ,� ,a
x
•
O
H
> O
AF
•
>n
r
H
ct 1 C
o 0 co
G) >
�m
o0 00
Fl
rh t-•
(D
til
- -
-
-
-
w----------
0
(n
is
-v>
•
F"
N
0) an
a) N Cb
C)
(.n
W rr
o ,I� �
x
F�
oo
" O
•
(D
00 0z
o
(D ro
oc o0
C)
(n rl
by
Q F-4 M
,u En
tmH0
zd�
;zWO
IH LTJ G)
I t- H
>oC)
�
H > z
xHtil
I�HEEn
I (n x
I0til H
Ir O
I�oro
LHTJIz30
zxc
z t~ H
to 1•C 0
� n
0�d
n O
z`�c
(� H in
HzH
HA00
H H :4
Oz��J
�dG")
En F -I
b• z
ro M
L-1 M
H to
W LTJ O
LTJ H >
• t� n
1 3 Cil
1 to ro
I > H
I d
I H
1 z M
0z
H
H z
H r)
O tLI
z
to cn
t3l
1-3 H
> C)
C; n CrJ
z x
H LTJ O
H 0 z
11 IA til 1-3 C)
o�>xcrZI0
zxtil rrz
EAviroro>
MxHx()
Cz•• 01-3
H b t+7
(')1-3 ••
� z � 0
> - 00 z
t -I •• o til
r ON
J>
ONO
I N En
Cn -t 1
F� Ln m
N I
I � N
rn Co
OD O
N O
I U1
oko
wo
ts► I
� rn
W �
L4 H
z
H
O C)
C)
r�zc)
C; m C; H
W w z H
OUl 0
C) F-+ H O
x w
t-4 t -I
H C
til to W W
yyHO ;U
to r(-) d
odx n
ko G)
cn t4
-j I
0
---------------
b n cn
() H
til 0
H til 0 FO
O m
O
ONt-
LrTJHz�HItil
"CrilHH
H
ro C) N
C=7 d b b
LTJ
WC)o
WC)wm -3z
r
0E-3ro
Cn0H W k
0
..
trJ
tOilo0
rJ�En7dtrJ••
C+l L0
0M01-3
(nH
• z
zes
r• m0pli
Ll tri
wo
z
ty x tnt40
z 0
LT1H
HO tiles Cn
HEn
Ln►C to W
O> c:>
r til.,
� ;!
M
d G)
1 >Et
nLTJ
tri no
H zI En o
0
ON o y
0zo
k
--j
z�
N :Do --I LTJ
• • N G) �
LTJ
0 n
oo
z
00C>
OH
z J
tzrl
Ln Ob >
N
z
F" t -I
I-'
H
---------------
I C) H b
b n cn
() H
0 z
LTJ
O m
O
ONt-
;HO
C
zF-0
IZ(H')1-3''M
z0z0
zowo�
0 tzj
o►�Czr�
00
tOilo0
1 C 'TJ C z
•• 0 H
1-' ()
>Enz.• ••
HK
til H
S
C i ro
z 0
W FO
0 • • til
H
r til.,
d G)
rz
z
> z
..
k
C 0
tHxi til
..
z z
., z
0 n
z
til
H
to z
O
z
z
O
H
x
r
rD
0
G
rt
F..
0
Commercial Union Insurance Companies
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES
KNOW ALL MEN BY THESE PRESENTS:
THAT,
OF TEXAS AS AMENDED. (MCGREGOR ACT - PUBLIC WORKS)
(Penalty of this bond must be 100% of Contract amount)
William Hamer dba Texas Logic
(hereinafter called the Principal), as Principal, and Commercial Union Insurance Company
a corporation organized and existing under the laws of the State of Massachusetts, with its principal office in the City of Boston (hereinafter
called the Surety), as Surety, are held and firmly bound unto City of Lubbock
_ Six Huncired Fifty -(hereinafter called the Obligee), in the amount of
Four Thousand Five Hundred and no/100----------------------Dollars($_ --54,500.00---�
for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the_ 9th
of Auqust 19 85 ,xK for
the supply and installation Municipal Safety
Information System
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended,
and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if
it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this___ 9th day
of Aua t 19 85.
Witne
( ndividual or Firm)
Attest:
(If Corporation)
G60541 - Te
Willio Hamer dba Texas Lo is
in fact 2-% 1
POWER OF A TTORNEY
KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COM PANY, a corporation duly organiicd and existing
under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Massachusetts, hath made, constituted and
appointed, and does by these presents make and constitute and appoint RAY HUGHSTON, THOMAS H. HUGHSTON, DAVID
C. HUGHSTON and PEGGY DEAN all of Brownsville, Texas
and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings
and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and
purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and
confirming all the acts ofsaid Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of
the following resolutions adopted by the Board of Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the
twenty-seventh day of July, 1972:
Resolved: That the President, or any Vice -President, or any Assistant Vice -President, may execute for and in behalf of the company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and
the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, or Assistant
Vice -President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal
of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove, any such
Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact.
Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behall'of the company any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such
Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further,
Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any
resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory
in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of
Attorneys -in -Fact.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the
COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July. 1972:
"Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice -President, and the signature of the Secretary or
any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing
Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof,
and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant
Vice -President and its corporate seal to he hereto affixed, duly attested by its Secretary on this 2nd day of July 19 85
1b71 i^
1'07.AHi✓•,,
Attest
_A0t!,e!_,Z &
Raymond M.efossez — Secretary
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK SS.
COMMERCIAL. UNION INSURANCE COMPANY
By
C/ John M. Garrett - .Assistant Vice -President
On this 2nd day of July 19 8 5, before me personally came John M. Garrett, Assistant Vice -President,
and Raymond M. Defossez, Secretary of the COMMERCIAL UNION INSURANCE COMPANY, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each
for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal
of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Company.
y t Edward W. Shay -- Notary Public
oj'ss,c«oss ...•' (M.r Commission e.vpires August 10, 1990)
=. !RY
CERTIFICATE
I, the undersigned, Assistant Secretary of the COMMERCIAL. UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that
the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power
of attorney are now in force.
Signed and sealed at the City of Boston. Dated this 9th day of AuguSt 19 85
V S 1.
....:.
Daniel J. Boyle --- ssistant Secretary
C60903-11 10-84