HomeMy WebLinkAbout06-12-86-06 - Resolution - 06/12/1986RESOLUTION NO. 06-12-86-06
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION, TEXAS, AND NIXDORF COM-
PUTER CORPORATION, WHICH IS A SUPPLEMENT TO THE AGREEMENT
EXECUTED SEPTEMBER 14, 1984.
WHEREAS, on September 14, 1984, the Mayor executed an agreement
on behalf of the City of College Station with the Nixdorf
Computer Corporation to provide hardware and the licensed op-
erating system software to meet the data processing needs of
the Police Department, Municipal Court, and Fire Department of
the City of College Station, and
WHEREAS, it has been determined by the City Council that the
location of the Municipal Court be changed from the College
Station Police Department Building to the College Station City
Hall, and
WHEREAS, the relocation of the Municipal Court to the City
Hall will require that additional data processing equipment
be installed and implemented for maintaining the records of
the Court, and
WHEREAS, it is now advantageous to the City that this Agreement
be executed for additional terms and conditions to be applied
to additional hardware and software for the College Station
Municipal Court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of College Station that after consideration of the Supplemental
Agreement between the City of College Station, Texas, and Nix-
dorf Computer Corporation, the City Council hereby authorized
the Mayor to execute said document.
APPROVED:
ATTEST:
MaySg L~. ~ger
s, City Secretary
005718
SUPPLEMENT
THE STATE OF TEXAS
COUNTY OF BRAZOS
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is entered into on this the day of
· 1986 as a Supplement to the contract entered
into by the CITY OF COLLEGE STATION and NIXDORF COMPUTER CORPORA-
TION on the 14th day of September, 1984. The parties hereby
agree to the following additional terms and conditions to be
applied to additional hardware and software for the College
Station Municipal Court.
ARTICLE I.
EQUIPMENT
1. Rental
NIXDORF shall lease to COLLEGE STATION and COLLEGE STATION
shall lease from NIXDORF:
(1) Four terminal transmission adapters, Model
617E, at a total cost of Sixty-four
Dollars ($64.00) per month, and a cost of
Forty-eight Dollars ($48.00) per month for
maintenance.
(2) One central transmission controller Model
No. 601B at a lease cost of Forty-two
Dollars ($42.00) per month and maintenance
cost of Fifteen Dollars ($15.00) per
month.
(3) Four central transmission interface, Model
No. 616E, at a lease cost of Sixty-four
Dollars ($64.00) per month and a mainte-
nance cost of Forty-eight Dollars ($48.00)
per month.
2. Installation
A. NIXDORF shall install the equipment during NIXDORF's
normal working hours, at the City of College Station in City
Hall. The site shall be prepared by the City in accordance with
NIXDORF's site specifications. NIXDORF shall provide the CITY OF
COLLEGE STATION with site specifications thirty (30) days prior
to installation. CITY shall pay NIXDORF an installation cost of
Four Hundred Twenty Dollars ($420.00). CITY shall furnish at its
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005719
own cost all labor required for unpacking and placement of the
hardware. In addition, CITY shall furnish NIXDORF with any
information and documentation NIXDORF may require to successfully
complete the equipment installation. CITY shall be responsible
for compliance with local laws as they apply to installation and
use of equipment and for obtaining all permits required for such
installation and use.
B. NIXDORF accepts no responsibility for connecting its
hardware to the products of other vendors not provided for under
this Agreement. CITY expressly releases NIXDORF from any and all
responsibility and liability arising or in any way resulting from
the connection of NIXDORF's hardware products to the products of
other vendors not provided by Agreement with NIXDORF.
C. The equipment shall be deemed to have been installed
when NIXDORF notifies CITY in writing that the equipment is in-
stalled. CITY shall have ten (10) days after receipt of noti-
fication that the equipment is installed to object if it is in
its opinion not operational and not acceptable to CITY. Other-
wise, the equipment shall be deemed conclusively to have been in-
stalled and fully accepted by CITY on the date of installation
notification. CITY expressly acknowledges that it shall be
liable for all lease charges accrued from the date such notifica-
tion was issued by NIXDORF. However, in the event that CITY
notifies NIXDORF in writing, as provided above, the equipment is
not acceptable due to failure on the part of NIXDORF to comply
with the terms of this Agreement, then the parties shall have a
thirty (30) day grace period to resolve disputes as to the
acceptability of the equipment.
D. Either party may within the grace period cancel, in
writing, this supplement without liability to the other party.
CITY shall give NIXDORF reasonable access and assistance in re-
moving the equipment so cancelled. If the disputed equipment is
not cancelled within the grace period, the equipment described
above for all purposes shall be deemed to have been installed and
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00572
accepted by CITY. If the disputed equipment is not so cancelled,
lease charges shall commence on the date the dispute is resolved
or on the expiration of the grace period, whichever occurs last.
E. NIXDORF agrees that it shall have installation of the
hardware complete within six (6) weeks from the date that
NIXDORF accepts the contract.
3. Term
A. This lease of hardware shall have a primary term of
twenty-four (24) months. Thereafter, this agreement may be term-
inated at any time upon thirty (30) days' prior written notice.
B. The term of this hardware lease shall commence as pro-
vided in Section 1C above and shall continue thereafter for
twenty-four (24) months, plus the number of days from the date of
notice of installation through the last day of the month of
installation. Thereafter, the terms shall be automatically
renewed on a monthly basis at the then current monthly rate
unless terminated by thirty (30) days' prior written notice by
either party.
4. Lease Charges
On the first day of the calendar month following the month
in which the equipment was installed and on the first day of
every subsequent month during the lease term, as per Article I,
Section 1, Lessee shall pay the monthly lease charges as follows:
(1) Four terminal transmission adapters, Model
617E, at a total cost of Sixty-four
Dollars ($64.00) per month.
(2) One central transmission controller Model
No. 601B at a lease cost of Forty-two
Dollars ($42.00) per month.
(3) Four central transmission interface, Model
No. 616E, at a lease cost of Sixty-four
Dollars ($64.00) per month.
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The first monthly lease charge will be prorated for those
days in the preceding months during which the equipment was in-
stalled as provided for in Section 2c. On the anniversary date
of the primary term, NIXDORF shall have the option of increasing
the monthly lease charge of any or all equipment by not more than
seven percent (7%) upon at least sixty (60) days' prior written
notice; but in no event shall CITY be obligated to pay more than
the current lease rate which would be charged new customers for
those items, if such customer then executed a lease for the same
number of months.
5. Title to Leased Equipment
Unless CITY purchases the hardware in accordance with
NIXDORF's standard policies, the equipment shall remain the sole,
exclusive property of NIXDORF, and CITY shall do nothing incon-
sistent with such title and ownership rights. At NIXDORF's
request, CITY shall prominently mark the hardware and operating
system software to indicate NIXDORF ownership. NIXDORF may allow
CITY to obtain title to install hardware based on NIXDORF's then
current policies and terms.
6. Additional Equipment
Upon request by CITY for additional equipment, NIXDORF, at
its option, will lease such additional equipment to CITY under
the same terms and conditions contained herein except for appro-
priate modifications to reflect installation charges, changes in
the schedule of monthly charges, and other changed circumstances.
Such additional equipment will be furnished pursuant to a new
Supplement for a term which commences upon installation of such
additional equipment and continues for a period contemporaneous
with the terms of this Supplement.
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005722
7. Use and Maintenance
CITY shall operate the equipment in a proper manner and in
compliance with written instructions provided by NIXDORF. CITY
shall maintain the equipment in good working condition.
8. Risk of Loss or Damage
A. CITY assumes and hereby agrees to bear the risk of loss,
theft, damage or destruction of the equipment during the term of
this agreement except for loss or damage caused by the negligence
of NIXDORF. Loss or damage to the equipment shall not relieve
CITY of its obligations, except as provided for herein. In the
event of loss or damage of the equipment for causes other than
the negligence of NIXDORF, Lessee shall be obligated to: i) at
its own expense, repair the equipment and return it to good
working order; or ii) replace the damaged equipment with like
equipment purchased according to municipal bid requirements.
NIXDORF shall have final approval over the bid specifications.
B. Risk of loss during transportation or movement of leased
equipment or any part thereof shall be the responsibility of the
CITY.
C. In the event of loss or damage or destruction at the
sole negligence of NIXDORF, then NIXDORF shall, at its own ex-
pense and option, repair or replace the equipment.
9. Limitation of Liability
Liability shall be controlled by the terms of Article 12 of
the original Agreement between the parties.
10. Transportation
A. NIXDORF shall arrange for shipping and transportation of
the equipment and the cost of such shipping and transportation
shall be billed to and paid by CITY. Included in the cost of
shipping and transportation shall be insurance for the fair mar-
ket value of the equipment being transported.
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B. Packing, shipping and transportation charges for any
movement of the equipment or parts thereof after installation,
including the return of shipment to NIXDORF or to any location
designated by NIXDORF, shall be borne by CITY.
11. Taxes
CITY shall pay all taxes including municipal, state and fed-
eral taxes, where applicable and however designated, which may
now or hereafter be imposed upon the ownership, leasing, renting,
sale, possession or use of the hardware, including personal prop-
erty taxes assessed on the equipment or any part of it, but ex-
eluding taxes based upon NIXDORF's net income.
12. Alterations and Attachments
A. Alterations and attachments to the equipment may only be
made with NIXDORF's prior written consent. Equipment so modified
must be returned to its original condition at CITY's expense upon
termination of this Agreement.
B. If, in NIXDORF's opinion, any alteration or attachment
interferes with the normal and satisfactory operation or main-
tenance of the equipment, increases the cost of maintenance, or
creates a safety hazard, CITY shall promptly, and at its own ex-
pense, restore the equipment to its normal condition and remove
any alteration or attachment upon request from NIXDORF.
13. Assignment
A. Without NIXDORF's prior written consent, CITY shall not
i) assign or transfer this Agreement or any interest herein; ii)
sublease or loan the equipment or permit it to be used by anyone
other than CITY; or iii) allow the equipment to become affixed to
real property.
B. Subject to CITY approval, NIXDORF may assign the Agree-
ment in whole or in part. CITY shall not unreasonably withhold
approval of assignment. Assignment shall be subject to CITY's
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right to use the equipment pursuant to the terms of this Agree-
ment. In the event NIXDORF assigns this Agreement, NIXDORF shall
remain responsible for all the obligations under the lease.
14. Patents
The terms of Article IX of the original Agreement of the
party shall control the intent of the parties as to patent
indemnification.
15. Warranty
NIXDORF warrants that the equipment, at the time of instal-
lation, will be in good working order and will conform to NIX-
DORF's then published specifications. All equipment is supplied
subject to this warranty, and NIXDORF's obligation hereunder is
limited to repair or replacement of any of the equipment which
does not conform to this warranty. The foregoing warranty is in
lieu of all other warranties, and there are no other warranties,
expressed or implied, including but not limited to the implied
warranties of merchantability and fitness for the particular
purpose.
16.. Force Majeure
The terms of Article XV of the original contract entered
into by and between the parties shall control the intent of the
parties as to force majeure.
17. Default
In the event that CITY defaults in the payment of any
amounts due hereunder beyond the tenth (10) day after payment is
due or defaults in the performance of any other obligation here-
under, or such default continues for more than fifteen (15) days
after written notice thereof to CITY, or if CITY becomes insol-
vent or admits inability to pay debts as they become due, or if
CITY makes an assignment for the benefit of creditors, or if any
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005725
other proceedings for relief of debtor is instituted by or
against CITY; then NIXDORF shall have the right to do any one or
more of the following: i) declare this Agreement or any Supple-
ment(s) to be in default, whereupon, to the extent permitted by
law, all then due rents and rents remaining to be paid over the
balance of the term of this Agreement shall become immediately
due and payable; ii) proceed by court action to enforce perform-
ance and/or to recover damages; iii) terminate this Agreement and
repossess the equipment or any part of it, wherever located.
With respect to equipment returned to NIXDORF for repossession,
NIXDORF may at its discretion hold, use, sell or re-lease such
equipment upon terms solely determined by NIXDORF. Finance char-
ges not exceeding the lesser of one and one-half percent (1 1/2%)
per month, or the maximum legal rate, may be made on past due ac--
counts. In addition, NIXDORF may recover from the CITY all rea-
sonable costs and expenses, including without limitation rea-
sonable attorney's fees, incurred in exercising any of its rights
or remedies hereunder. The remedies hereunder in favor of NIX-
DORF shall not be exclusive but shall be cumulative and in ad-
dition to all other remedies afforded by law.
18. Notice
Ail notices provided hereunder shall be delivered, in writ-
ing, to the addresses indicated in the original contract or as
they may be changed from time to time.
19. General Provisions
A. Any failure by NIXDORF to strictly enforce performance
by Lessee of any provision herein shall not constitute a waiver
of NIXDORF's right to subsequently enforce such provision or any
other provision of this Agreement. In the event that any term or
provision of this Agreement or any attachment or schedule hereto
is held invalid or unenforceable by a court of competent juris-
diction, the remainder of this Agreement shall not be affected
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005726
hereby and each terms and provisions of this Agreement shall be
valid and enforceable to the fullest extent permitted by law. No
modifications of this Agreement shall be binding upon either
party unless made in writing and executed on behalf of each party
by a duly authorized representative.
B. The captions in this Agreement are for convenience only
and shall not constitute a limitation of any terms therein.
ARTICLE II.
SOFTWARE
1. Procurement
The application software provided under this supplement in
accordance with the terms of Exhibit "E" of the original agree-
ment shall be provided as follows:
A. Installation of Enhanced Municipal Court Application to
include screen and report title changes, file conversions and the
following:
(1) On initial entry record format, remove all
verbage except the arrow.
(2) Change the Agency issuing citation selec-
tions "AGENCY SEL" from "HEALTH" to
"HUMANE" and from "ZONING" to "CITY EMP."
(3) Remove Option for System assigned Citation
(4) System should calculate Juvenile status
based on date of Citation and Birth Date.
If Citation Date is less than 17th Birth
Date then flag Juvenile.
(5) In "NEW CITATION" routine upon completing
the entry, and in the selection 'SELECT":
O REL, 1 OPT, 2 PAY, 3 CREDIT, 4 NXT
CIT'. 1 OPT should return to main menu
selection.
(6) Print Complainant Name on Jacket along
with Badge %.
(7) Print the Text of the Statute on the Jac-
ket.
(8) Print Jackets as a batch process after a
batch of Citations has been entered or in-
dividually printing as each Citation is
entered.
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(9) From Citation Change routine to set up a
Bond and take a Bond Payment; after stat-
ute and amount are accepted go directly to
'PAY XXX.XX, PARTIAL PAY' Selection; then
go to set up Court Date Selection; then
print Cash Bond Notice of Hearing. Inclu-
de Bond Number and Receipt Number on No-
tice. Change the Notice of Hearing and
Cash Bond Notice of Hearing to the format
shown in Attachment A incorporated herein.
(10) Add the ability to credit service fees.
(11) In Statute Table Change Routine, when dis-
playing Statute Code also display Primary
and Secondary Code.
(12) Add to Court Case Inquiry display 'Jury'
trial when appropriate.
Installation and modifications shall not exceed sixty (60)
hours of NIXDORF Analyst time, at a cost of Three Thousand Dol-
lars ($3,000.00)
B. Training of Municipal Court Staff shall be accomplished
over one week period, forty (40) hours, and will include complete
training of entire staff at a cost of Two Thousand Dollars
($2,000.00). Training to be accomplished during normal working
hours, but in such a manner as not to interrupt daily operations
of Municipal Court. Training of staff will begin no sooner than
fourteen (14) days after hardware becomes operational, but no
later than thirty (30) days.
C. Installation of Bond Escrow Accounting Application,
which requires the Enhanced Municipal Court Application including
the following modifications:
(1) Print Bond Ledger in System Bond ~ se-
quence. Note with an asterick (*) and
appropriate cause # if a reversal has
been made on that Bond Payment.
(2) Add option to use System Assigned Bond #
to Assign Bond ~ when no Bond ~ avail-
able. Retain the option for manual entry
of Bond 9.
Installation and modifications shall not exceed thirteen
(13) hours of NIXDORF Analyst time at a cost of Six Hundred Fifty
Dollars ($650.00).
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D. Remove the "FROM SEL: 1) UNKNOWN, 2) COLLEGE STA, 3)
BRYAN, 4) BRYAN CO, 5) TEXAS, and 6) OUT OF ST" Selection from
New Citation Entry Sequence at a cost of Fifty Dollars ($50.00).
E. Delete four steps of payment entry by Cause # or Cita-
tion ~ by removing the "MATCH" selection, "SEQUENCE #" selection,
and "PROCESS" selection and go directly to "PAYMENT SEL", for a
valid citation. Also remove the "DISTRIBUTION OK Y/N" selection
to streamline taking a payment with a valid citation, all at a
cost of One Hundred Fifty Dollars ($150.00).
F. Display all dates (due date, payment date,) by Gregorian
Date rather than Julian Date, at a cost of One Hundred Dollars
($100.00).
G. Change the Present Balance Sheet layout to the format
found in Attachment A. System will provide amounts thru Receipt
Numbers.
Change Distribution Report to separate Credit transactions
with refunds and without refunds. Refunds from the Escrow Ac-
count should be noted "CRD BND". Refunds from the General Ac-
count should be noted "CRD". Escrow and General Account refunds
should be accumulated separately and displayed appropriately.
The Re-cap pages of the Distribution Report should have to print
the Categories in the same order as on the Balance Sheet as de-
picted in Attachment B incorporated herein.
Modifications shall not exceed eight (8) hours of NIXDORF
Analyst time, at a cost of Four Hundred Dollars ($400.00).
H. Add to Menu Selection of CSMUNDOC "ISSUE SUMMONS". Upon
the giving of a Cause ~, the system shall print a summons on the
attached workstation printer and flag on the citation record that
a summons has been issued. The development of this software sys-
tem shall not exceed four (4) hours of NIXDORF Analyst time at a
cost of Two Hundred Dollars ($200.00). If at the time of
installation this menu selection is available, and acceptable to
City, with only text changes, there will be no charge for
implementation of this selection.
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005729
I. Add to Menu Selection of CSMUNDOC "ISSUE SUBPOENA".
When given a Cause ~, the system shall look for all names found
in the Case Minutes, recognize whether the witness is for the De-
fense or for the Prosecution, and print the proper subpoena on
the attached workstation printer. The system will note in the
Case Minutes that a subpoena has been issued and on what date.
If at the time of installation this menu selection is available,
and acceptable to City, with only text changes, there will be no
charge for implementation of this selection. The development of
this software shall not exceed eight (8) hours of NIXDORF Analyst
time at a cost of Four Hundred Dollars ($400.00).
J. Add to Menu Selection of CSMUNDOC "PRINT FINAL NOTICE".
Given the Cause ~, the system shall print an individual Final
Notice as is presently printed consecutively from the Output
Program CSMUN025. The system will note in the citation record
that a Final Notice has been sent and increment the Due Date by
ten (10) days. The modifications by NIXDORF shall not exceed
four (4) hours of NIXDORF Analyst time at a cost of Two Hundred
Dollars ($200.00).
K. Before issuing of a Failure to Appear as recognized by a
"F" suffix to the Citation ~, the system will cheek the original
citation to verify that it has not been paid. If the original
citation does not have an amount due, then an error message will
be displayed. Modifications provided for in this section are
expected to not exceed two (2) hours of NIXDORF Analyst time at a
cost of One Hundred Dollars ($100.00).
L. Add to menu selection of CSMUNDOC "DOCKET INQUIRY".
Provide availability to review on the screen any court docket for
any given date. The screen shall display one 80 column line per
case and include defendant, charge, complainant, citation ~, and
cause ~. This modification shall not exceed eight (8) hours of
NIXDORF Analyst time at a cost of Four Hundred Dollars ($400.00).
M. NIXDORF will develop a Jury Summons Application by using
a name and address file either keyed into the system by an opera-
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005730
tor or added from a magnetic tape. The system, through the use
of a random number generator, will print Jury summonses for as
many names as requested by an operator. The system will note on
the Name Record that a Jury summons was issued and on which
date. In selecting names for Jury summonses, those names which
have already had Jury summonses issued, will be skipped. The
development of this program is not expected to exceed twenty-four
(24) hours of NIXDORF Analyst time at a cost of One Thousand Two
Hundred Dollars ($1,200.00). If at the time of installation this
menu selection is available, and acceptable to City, with only
text changes, there will be no charge for implementation of this
selection.
2. Additional Work
The fixed charges referenced above are based on assigned
hours. NIXDORF will perform installation and modifications as
specified in this contract in accordance with stated charges,
unless additional time is required due to specification changes
by the City whereby a charge of Fifty Dollars ($50.00) per hour
will be added. CITY will be notified in advance if a time
increase is expected.
3. Installation
After completion of training, NIXDORF shall have two (2)
weeks to install and have operational the above listed software
applications.
ARTICLE III.
SOFTWARE MAINTENANCE
1. General Conditions/Subject
NIXDORF will maintain the Municipal Court Enhanced Appli-
cation Model/Feature Number AG560-DCM at a rate of Seventy-Five
Dollars ($75.00) per month as herein provided.
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2. Term
The term of this software maintenance is for one year from
the date the Agreement is executed by NIXDORF. Upon expiration
of the initial term, this maintenance section shall automatically
be extended until either party gives the other ninety (90) days
prior written notice of termination.
3. Payment and Fees
As per the requirement of Article III, Section 1, the monthly
fees due for the Municipal Court Enhanced Application shall be
Seventy-Five Dollars ($75.00) per month. NIXDORF will invoice
the CITY for the monthly fee on the first day of each calendar
month following the month in which the program successfully
completes NIXDORF's standard test procedures. All invoices are
payable immediately upon receipt. NIXDORF may increase the
monthly fees at any time during the term, provided however, that
any increase will not become effective for ninety (90) days
following receipt by CITY of NIXDORF's notice to increase the
monthly fee, and further provided that the increase will not
exceed a maximum of twelve percent (12%) in any twelve (12) month
period.
4. Services Provided
A. Current Software Revisions - NIXDORF will provide the
most current revision to the Municipal Court Enhanced Applica-
tion. A revision is defined as the correction of errors in the
original product or error correction.
B. Error Correction - NIXDORF will provide for the cor-
rection of errors in any unaltered release of the licensed
program caused by defect or malfunction in the licensed program
which prevents the CITY from operating the program in a manner
consistent with NIXDORF's current specifications.
C. Federal Law Mandated Changes - NIXDORF will make avail-
able to the CITY any changes to its licensed program which
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NIXDORF determines is required as a result of law mandated by the
Federal government. Only changes that require alterations to the
program code are covered. It shall remain the obligation of the
CITY to make changes to any and all external parameters of the
licensed program affected by these requirements.
D. Updated User Documentation - NIXDORF will provide all
updated user documentation available for the licensed program(s).
E. Software Services Preferred Rate - NIXDORF will provide
a software services preferred rate of Fifty Dollars ($50.00) per
hour for support as listed in this supplement.
F. State Law Mandated Changes - NIXDORF will make available
to the CITY any changes in a licensed program which CITY advises
NIXDORF are required as a result of any State law change, subject
to the conditions of paragraph 4A of this article. Only changes
to the internal programming code are covered under this subpara-
graph. It shall remain the obligation of the CITY to make chan-
ges to any and all external parameters of any licensed program
affected by the requirements of this paragraph.
G. Enhancements - NIXDORF will notify CITY of any enhance-
ments. An enhancement is defined as any change that improves
software operation by adding capability. NIXDORF will make
available to CITY any reasonable enhancements requested by CITY
subject to the conditions of paragraph 4E of this article.
5. Services{ How Provided
A. Normal Business Hours - Ail services shall be provided
during normal business hours.
B. Telephone Support - NIXDORF will provide reasonable and
customary telephone support.
C. Remote Software Support - All support described in para-
graphs 4A, 4B, and 4C above will be provided via dial-up (switch-
ed non-auto answer) telecommunications from NIXDORF to the CITY's
computer site at City Hall provided that the CITY's computer has
the functional capability.
005733
D. On-Site Support - NIXDORF will make available to the
CITY NiXDORF-trained personnel to provide on-site support in the
event that the CITY's computer cannot accommodate "dial-up" tele-
communications support. In this situation, the CITY will be re-
sponsible for all expenses incurred including, but not limited
to, travel, per diem, and software services at the preferred rate
of Fifty Dollars ($50.00) per hour.
E. Priority Status - The CITY will be given priority in re-
ceiving support as described in paragraphs 4A, 4B and 4C on a
first-in, first-out basis over the other NIXDORF customers not
subject to similar agreements.
F. Trained Personnel - NIXDORF will provide at the software
services preferred rate of Fifty Dollars ($50.00) per hour train-
ed personnel for the support described in paragraphs 4F and 4G,
subject to the availability of those personnel and scheduling re-
quirements of NIXDORF. However, said personnel shall be avail-
able in no less than thirty (30) days from the date of notifica-
tion. If a revision covered under this article cannot be instal-
led by NIXDORF due to any changes to the licensed program reques-
ted by CITY under paragraphs 4F and 4G of this article, and if
NIXDORF is required to make these changes in order to install
that revision, CITY will pay the software services preferred rate
to NIXDORF for changing the revision.
6. Services Not Covered
NIXDORF is not obligated to provide software support for any
licensed programs modified by CITY or any third party except NIX-
DORF, when NIXDORF has not given permission to make said modifi-
cations.
7. CITY's Obligations
A. CITY will allow NIXDORF access to CITY's facilities and
equipment at reasonable times during normal business hours.
0057:54
B. If the CITY is receiving remote software support under
Article III, Section 5C above, CITY shall provide, at CITY's ex-
pense, the communications equipment necessary to perform services
on the CITY's system.
C. CITY shall pay all costs incurred by NIXDORF in provid-
ing support under this Agreement, including, but not limited to,
telephone charges, postage, travel expenses, and, where appli-
cable, time and material charges.
D. If CITY or any third party makes modifications to the
licensed program(s) and these modifications, in NIXDORF's opinion
result in any problems which affect the performance of the li-
censed program, CITY shall pay NIXDORF, at NIXDORF's regular
time and material rates, for all resulting work and services by
NIXDORF in correcting the problems.
8. Warranty
NIXDORF warrants that the services provided under this
Supplement will be consistent with the standards of skill
ordinary and usual in the computer industry. There are no other
warranties, expressed or implied, with respect to the software or
services provided under this Supplment including, but not limited
to, the implied warranties of merchantability and of fitness for
a particular purpose.
9. Ownership
NIXDORF will be the sole owner and have exclusive title to
any and all change made to a licensed program as a result of this
Supplement.
005735
Article IV
EQUIPMENT PURCHASE
City shall purchase the equipment designated in the attached
Exhibit A at the prices depicted therein.
ACCEPTED: CITY OF COLLEGE STATION
TITLE: Mayor o~3t~e City of C.ol.!e~e Station
DATE: July 1~ .1986 ....
ACCEPTED: NIXDORF COMPUTER CORPORATION
BY:
TITLE:
DATE:
005736
AGREEMENT SUPPLEMENT
CuSTOMLM ~A~[ ~ L~S[ (MONTHLY)
C~c] o[ C~:ege S:at~on ~ OmO~N&U T[~U
P. C. 8ox 9967 ~ AMENDMENT: COTERMINOUS ~
Co![ego Station, TX 77840 TERM__--
~ RENTAL NEW TERM MO~HS
EFFEC~ DATE
~.:/ :: College 5cacton Po~[ce Dept.
2~21 TexJS Avenue
Colle;~ Station, TX 7~840 ~ PUaCHAIECONVERIION EFRECTIVEDATE
APPLICATION
LEASE A~NEE W SUPP I : ~ MAINTENANC~
~ LD5309 L~m~:ed D~stance Hodem S 545.00
~ ?:~9~0 StattsCtcal ~ulttplexec S1980.00
,
i i SUBTOTAL
~ SURCHARGES EXT MAI~ENANCE ~ZONE LOCATION
~ OTHER
Accepted NJ%DORF COMPUTER CORPORATION Ac~pled' CUSTOMER
DISTRIBUTION' Home Office- 1 & 2 Cullome~- 3 Brench- 4
Exhzbzt "A" - Page 1
00573
AGREEMENT SUPPLEMENT
P.C · ~ox 996~ ~ ~MENOMEN~' COTERMItIOUS ~
Co~ege SteEpen, TX ?~40 ~ERM____
~ RENEWAC NEW TERM MOTHS
C::y :,f College Station Police Dept.
~ INSTA~ME~ SALE, NO OF MONTH~
~! Texds Avenue
jol:ege Station, TX 77840 ~ PUeC~AIICONVeRSION. EFFEC~IYIDA~E
LE~SE AGREE e ~UPP I I I MAINTENANCE
AP~JC 5~ AGAE~ e SUPP ! I ' DISTANCE FROM NCC S~C CENTBR
[ T rorAt ; TOTAL TOTAL · F~
_.,~309 L~i~ed Distance ~odem S 545.00
, P:,;gi0] Statistical Multiplexe~ $1980.00
, ~ SUBTOTAL ,
~ S 2525. O0
~ SURCHARGES EXT MAI~ENANCl I l
I ~ ZONE LOCATION
OTHER
[~ ~ INSTALLATION CHARGE ~70.00 -. TOTAL ~2525.00
Acceplea NIXDORF COMPUTER CORPORATION Accepled CUSTOMER
DISTRIBUTION' Home OHic~- 1 & 2 Cu,lome~- 3 Blanch o 4
~-:.:nzblt ".," - Page
- 20 -
0057
CAUSE NO.
ATTACHMENT A
NOTICE OF HEARING
DATE OF OFFENSE
STATE OF TEXAS
VS
NOTICE IS HEREBY GIVEN THAT A HEARING ON THE ABOVE STYLED AND
NUMBERED CAUSE WILL BE HELD ON .. , , 19 AT
O'CLOCK P.M.
THIS CASE CANNOT BE RESET AFTER
, 19 .
CLERK DATE
( N E E D RE C E I P T ~ & BOND # )
CASH BOND DEPOSIT AND NOTICE OF HEARING
I, , DEFENDANT IN CAUSE NUMBER IN
THE MUNICIPAL COURT OF THE CITY OF , TEXAS CHARGED BY
THE COMPLAINT DULY FILED IN SAID COURT WITH THE OFFENSE OF
DO HEREBY DEPOSIT WITH SAID COURT THE SUM OF
$ AND AGREE TO APPEAR IN THE SAID COURT AT
ON . , , 19 AT O'CLOCK .M.
I UNDERSTAND THIS CASE CANNOT BE RESET AFTER , 19..
HOWEVER, IF I FAIL TO APPEAR AT THE DESIGNATED TIME AND PLACE AS
SHOWN ABOVE, I HEREBY PLEAD GUILTY TO THE OFFENSE SET OUT ABOVE,
AND HEREBY WAIVE MY RIGHT TO A TRIAL BY JURY AND DO HEREBY GIVE
MY CONSENT FOR SAID COURT TO APPROPRIATE SAID DEPOSIT TO THE PAY-
MENT OF FINES AND COSTS FOR SAID OFFENSE.
I FURTHER STATE THAT I HAVE READ AND FULLY UNDERSTAND THE PRO-
VISION ABOVE.
DEFENDANT'S SIGNATURE
DATE:
ACCEPTED BY CLERK
DATE:
- 21 -
005739
ATTACHMENT B
BALANCE SHEET
Court Fines
(3.00) TABC Arrest Fees
(5.00) Criminal Justice Fund
(1.00) Officers Education Fund
(1.00) Court Training Fund
(3.00) Crime Victim Fund
Miscellaneous Revenue
Service Fees
A/R NSF
Warrant Service Fee
TOTAL GENERAL FUND
3501
2320
2333
2334
2330
2340
4001
4001
1423
3504
Municipal Court Cash Bonds
MCCB Payable
TOTAL MCCB DEPOSIT
2335
TOTAL REVENUE
Refund by Check
Bond Escrow Debit
Receipt Number(s) From: 000 thru 000
Fines @ $ 2.50 $
Fines @ $ 5.00 $
Fines @ $ 1.00 $
Fines @ $ 1.00 $
Fines @ $ .50 $
Fines @ $ 3.00 $
Fines @ $12.50 $
Cash Over/(Short) General Fund
Cash Over/(Short) MCCB Fund
Clerk:
Date:
- 22 -
005740