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HomeMy WebLinkAboutResolution_21-98/99_03/04/1999 RESOLUTION NO. 21 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING LICENSE WITH MICRO ARIZALA SYSTEMS, INC. OF ANN ARBOR, MICHIGAN FOR THE PURCHASE OF FUNDBALANCE 32 SOFTWARE IN AN AMOUNT NOT TO EXCEED $70,000 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. The License with Micro Arizala Systems, Inc. attached hereto as Exhibit "A" and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager of the Village of Tequesta is Authorized to Execute the Same on Behalf • of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Hansen , who moved its adoption. The motion was seconded by Councilmember Capretta and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Carl C. Han Ron T. Mackail Elizabeth A. Schauer • The Mayor thereupon declared the Resolution duly passed and adopted this 4th day of March, A.D., 1999. MAYOR OF TEQUESTA Elizabeth A. Schauer iATTEST: Joann ManganiEdlo Village Clerk WP80 \Reso1ution \CompSoftware Bid • • I Feb -19 -99 10:45A P_02 Proposal For FundBalanceM Software, Service & Trainin Presented By: Micro Ariza/a Systems, Inc. Ann Arbor, MI Questions may be addressed to: Colleen Killeen/Barb Craig • Phone: 1- 80057 -FUND ext: (616) 353 -04571 Fact 222 Presented To: Village of Tequesta Quote Issued 2118199 Attn: Connie Holloman Valid Until 3130199 ProdtwVSwviee Users AyPNCNVM Lkemoe Ada UW_ cost Total Software Accounts Payable 3 $2,495.00 $300.00 2,795.00 Accounts Receivable 2 $2,495.00 $150.00 2,645.00 Business Licensing 1 $2,995.00 $0.00 2,995.00 Cash Receipts 4 $2,495.00 $450.00 2,945.00 Consolidated Reporting 3 $2,495.00 $300.00 2,795.00 Crystal Reports 5 $1,900.00 $0.00 1,900.00 Fixed Assest 1 $2,495.00 $0.00 2,495.00 General Ledger 5 $2,995.00 $600.00 3,595.00 Payroll 2 $3,495.00 $150.00 3,645.00 Purchase Orders 1 $2,495.00 $0.00 2,495.00 Gun - Scanning System CR & BL 2 $1,950.00 $1,950.00 3,900.00 Utility Billing 4 $3,495.00 $450.00 3,945.00 Utility Billing Interface 1 $2,495.00 $0.00 2,495.00 Software Subtotal 38,645.00 Multiple Application Discount - 10% - $3,864.50 Software Total $34,780.50 Annual Maintenance Plan (20% of software) $7,729.00 • Training - On Site Per Day Cost # of Days Total Installation $700.00 1 $700.00 Accounts Payable $700.00 1 $700.00 Accounts Receivable $700.00 1 $700.00 Business Licensing $700.00 1 $700.00 Cash Receipts $700.00 1 $700.00 Consolidated Reporting /Crystal Report $700.00 2 $1,400.00 Fixed Assets $700.00 1 $700.00 General Ledger $700.00 2 $1,400.00 Payroll $700.00 2 $1,400.00 Purchase Order $700.00 1 $700.00 Utility Billing $700.00 2 $1,400.00 Total Trainingbays 14 Training Subtotal $10,500.00 Training Total $10,600.00 FB Hardware Cash Receipts Printers 2 $2,140.00 $2,140.00 Cash Drawers 2 $600.00 $600.00 $2,740.00 Total Investment $55,749.50 Feb -19 -99 1O:45A P.O3 NOTES: Expenses for on site training are billed after training has taken place, and includes meals, lodging and travel expenses. Micro Arizala Systems does not bill for travel time. All FundBalance Plus and FundBalance32 software is year 2000 compliant. Payment terms: All software, annual maintenance and training costs per application will be paid in full prior to scheduled training date. Utility Billing master file conversion to be quoted at $100 per hour after we receive the file layout and data file in ASCII format. Utility Billing master file conversion to be quoted at $100 per hour after we receive the file Utility Billing Interface price is based on standard interface only 02/04/99 THU 16:34 FAX 313 677 2070 FUNDBALANCE 11002 FundBalance Annual support Plan Agreement ANNUAL SUPPORT PLAN MODEM SUPPORT PLAN Annual Plan Price Is 20 of the current soft- No charge with Annual Plan. ware list price, per application, per year. For modem support you will need a program called The annual support plan is available for your PC Anywhere for Windows95. We will ship this to FundBalance Plus and/or 32 software, All applica- you at no extra charge for use with your own tions must be covered by the same plan and must modem. be the current shipping version. Minimum Hardware requirements for PC Anywhere32TM: Support plan Features /Benefits 100 MHz Pentium 32MB RAM ■ Software updates at no charge (within 500MB Hard Disk Space product line) Wing$ orWindowsNT on workstations/does not currently woek with Windows9B. ■ Priority phone support Modem Support Requirements ■ Unlimited routine phone support for current r Minimum 14,400 baud Hayes versions of software compatible modem_ ■ Dedicated phone line (i.e. does PQt • ■ Discount for national user conference go through a switchboard or PBX). ■ PCAnywhere32Tm communications ■ Modem support at no charge software (available at no charge on 3.5 -inch high density disks from ■ Use of toll -free number FundBalance). ■ Test the modem hookup focally (do this before contacting FundBalance). ■ Input into new features /design To activate your modem connection to FundBalance, contact your customer representative at least 48 ■ Internet updates for F832 software hours in advance and schedule a test. ■ 24 Hour answering service Modem phone number. I I Modem Brand Nerve and model # i Email address: See Back for Terms/Conditions and details of your support plan. i � � y : � » .� y ��� ������ \Z» < � /�� \ � < « !� y ` � , � ©^ / ^ ^� \ < ... 2 `\ \ - ,� �� ^ � , -� � � ` � :�® g « « :. m . , . © �� 7 » � � � � � � �� % © � 7 2 \ y 1iZ5 /99 TU 15: 59 FAX 3 13 677 2070 FCTriDgALANCE s� 11 002 F UNDBALAN CEO N FrmRx LicsNsa TERM YOU SHOULD CAREFULLY READ THess TERMS AND CONDITIONS. IF YOU Do NOT AGREE TO THEM, DO NOT SIGN THS UCEME. • 1. DEFINITIONS: The following words and phrases have special meanings within this License. "Computer Hardware ": computer equipment such as: CPUs, printers, cables, monitors, keyboards, microchips, expansion boards moderns, or other devices. "License Fee": the Total Order Fee indicated on the attached list ' "Material Breach ": an act which justifies terminating the > icense. "Software ": the FundBalance® and Sexton@ programs indicated on the attached list This includes all NndBAwceg and Sextonl9 programs in their written form or recorded on disks or tape in source or object code, and includes any manual or documentation accompanying FundBalance® and Sexton ®, as well as any revisions or updates_ "Network Computer System ". a micro computer network connected together with a single network server- 2. LICENSE TO USE THE SOFTWARE: a) In return for your payment of the total License Fee at the signing of this License, Micro Arizala Systems, Inc. agrees to grant you a nonexclusive, nontransferable license to use the Software in conjunction with your business. In return, you agree to use the Software only on the Network Server described immediately below, on its temporary replacement or on a subsequent Network Server_ You understand that a network lic is required to use the Software in a networked, multi - terminal or multi- computer environment YOUR NETWORKED COMPUTER SYSTEM: SYSTEM AND SERVER SERIAL #: OPERATING $1'MM. NsrwoRK SOFrwARC: b) In return, you also agree not to do, or allow any other person or business to do the following: • to permit anybody, other than your employees, to use the Software; • to use the Software in a computer service business, a networked, timesharing, multiple CPU, or multi -user environment, or to transmit the Software by telecommunications to anybody. • to remove or obscure the copyright and other notices from any of the Software; • to reverse - engineer, disassemble or decompile the Software or market prograim which perform the same functions; • to license, sell, lend, give, or share copies of the Software to or with anybody. 0 3. T u En4mm S[IPPORT AND COMMTING SERv CM Micro AnrAla agrees to provide you with continuing telephone support under your FundBalance® Service Plan- 4. PTn=,E VE RsioNS: Any upgrades or enhancements to the Software which are made to units of the Software configuration licensed by you under this License will be made available to you under all plans for a fee. 5. LICmNsE PAYmEN7 Tom: In return for this License, you agree to pay the total License Fee at the signng of this License. 6. OwNmLgmP OF SOFTWARE: a) You agree that a)) ownersbip rights and title in the Software and any works derived from the Software or based upon the Software— including copyrights, trade secrets and other rights --are the exclusive property of Micro Arizala. In accepting this License, you understand that you do not become the owner of the Software, or the owner of a copy of the Software but that you are being granted the right to use the Software in your business in accordance with the terms of this License. b) You also agree that the Software contains valuable confidential information and proprietary trade secrets owned by Micro Arizala- You agree not to sublicense, sell, lend, give, or share copies of the Software with or to anyone, or disclose Micro Anzala's valuable trade secrets to anyone. You also agree to take reasonable steps to ensure that neither you nor any of your employees allows unauthorized people to gain access to the Software. YOU siiouLD UNDERSTAND THAT THE 'KERNS AND comrnoNS OF THIS PARAGRAPH SHALL REMAM IN FULL FORCE AND $HALL 96 EFFECTM AFTER THE TERMINATION OF TFIIS LICGNSE, REGARDLESS OF TEE RFASON FOR TSRMIlVATION. 7. BAcmw Corm: Micro Aritale agrees that you may make one (1) backup copy of the Software diskettes for the business use contemplated by this License. In retum, you agree to reproduce the copyright notice on any backup copies you make. Any other copies of the Software diskettes are made in violation of this License_ 8. UMrm WARRAivrY: a) Micro Arizala warrants and represents that the following is true about the Software: • the magnetic diskettes and printed materials are not defective: • the computer programs are properly recorded on the diskettes; • any user manuals provided with the Software are substantially complete and contain the information that Micro Arizala considers to be necessary for the use of the Software; and • 9 the Software will perform substantially as documented in the user manual, on a DOS -based personal computer with at least 8 MB memory, an adequate hard disk and any 132 column DOS -based printer capable of selecting 12 epi for DQS- the Software will perform substantially as documented in the user manual, on a DOS -based personal computer with at Page 2 of 3 November 1997 U1i "Uh 16: FAd 3 67 7 2070 FUNDBALANCE Z003 least 8 MB memory, an adequate hard disk and any 132 column DOS - based printer capable of selecting 12 cpi for DOS - based software, or a Windows95 or Windows NT barred personal computer with at least 32 MB memory, an adequate hard disk and a printer compatible with Windows95 printer drivers for all WIN95 software. b) If you discover what you consider to be a significant logic error in the Software that prevents its operation as described in the user manual, you should inform Micro Arizala_ Micro Arizala agrees to attempt to correct or bypass reproducible logic errors Within a reasonable time by providing you with corrective instructions or a corrected copy of the Software. You understand that Micro Arizala is not warranting that the functions of the Software will necessarily meet your requirements, or that operation of the Software will in all cases be error -free. c) Micro Arizala Will not warrant Software which has been altered or modified by anyone other than Micro Arizala. Any modifications of the Software made by anybody other than Micro Arizala will void all of Micro Anzala's warranty responsibilities under this paragraph. You should understand that this warranty does not require Micro Arizala to customize programs, develop new features, or modify your copy of the Software for Computer Hardware or operating system software different than the Computer Hardware identified above. In addition, you agree and understand that the only remedy for problems witb the Software is found under this paragraph. EXCEPT FOR THE LWT'ED WARRANTY DTSWWD ABOVF„ THERE ARE NO WARRAN 115 TO YOU OR ANY OTHER PERSON FOR TTY SOFTWARE, TsITHF.R DRESS OR IMPLIED, INCLUDING, WARRANTIES OF MERCHANTABILITY AND PTNESS FOR A PARTICULAR PURPOw. YOU FURnia AGREE TmT MICRO AmzALA WILL NOT Br, RESPONSIBLE FOR ANY INDIRTICI', INCIDENTAL, OR MMEQUIDMAL DAMAGES FROM THE LEE OF HS S TOFI'WARC_ IT IS YOUR RBSPONSIBTLITy TO TEST THE SOFTWARE AND BE SATLSM0 WITH THE RESULTS BEr*RE RELYING ON Tr FOR ANY REASON. d) Both you and Micro Arizala agree that any remedies provided wnder this License WX be determined according to this paragraph In any event, Micro Anzala will not be liable for damages related to responsibilities under this License in an amount greater than the total License Fee., k 9. SATmr-Acnom If you are not completely satisfied with the Software; 'it May be returned within thirty (d0) days of receipt for a full refund of the License Fee. 10 COMPUTER HARDWARE You should understand that Micro Arizals i6 not warranting, and cannot be liable for defects in your Computer Hardware while it is running the Software, and that liability for all such defects lies with the manufacturer of the Computer Hardware 11. DATA PREF nom, You should understand that Micro Arizala will not assume liability for data preparation by you or your employees while using the Software 12. MATRIUAL BnACt[ OF grATUS: You and Micro Arizala both agree that if, for any reason, you violate the responsibilities listed in paragraphs 2 and 6 you will have committed a material Breach of this' License eatiding Micro Arizala to terminate the remaining term of their license and retain tbe, Licerw4 Fee. If, for any reason, the License is terminated, you agree and understand that you must return all Software, as well us any copies made of it and all manuals, to Micro Arizala within 30 day's time, and that you will be liable for damages plus reasonable attorneys' fees. 13. TERM OF UCENSR: This License has a term of 50 years, and shall continue for the rest of the term on the condition that you do not commit a Material Breach If you commit a Material Breach by doing any of the act prohibited in paragraphs 2 and 6, Micro Arizala will termina the License immediately. If, upon expiration; you desire to renew this License, You and Micro Arizala may agree to sign a new License incorporating the terms of this License and extending its length - 14. GENERAL TERMS AND CoNDITIoNs: This License is made under Michigan law land represents the entire understanding between you and Micro Arizala with respect to the subject matter; and legally supersedes all prior oral or written agreements, representations, statements, negotiations, or promises If any of the berms of this, License are found to be invalid in a court of law, the remaining terms shall not be affected, but will remain in full force and effect Any' modifications to this License must be in writing and signed by you and Micro Arizala. You may not assign your ri or duties under this License to another person without the written consent of Micro Arizala. I i BY SIGNING BELOW, YOU ARE INDICATING THAT YOU HAVE FVAD AND UNDERSTOOD TM ABOVE LICENSE, THAT YOU HAVE TIM POWER AND AUTHORITY TO ENTER MO TkM AGREEIMM, AND THAT YOU AGREE TO ITS TERMS AND MNI)MONS. MICRO ARIZALA SYSTEMS,�'INC. BY: � pA7E' DATE: Page 3 of 3 November 1997 ADDENDUM TO LICENSE I. Paragraph 2.b) fifth bullet shall be amended to the following: • to license, sell, lend, give, or share copies of the Software to or with anybody, except to the extent required by the public records laws of the State of Florida or any federal laws relating to said information excluding the FundBalance Software programs. II. Paragraph 12 shall be amended to the following: 12. MATERIAL BREACH OF STATUS: You and Micro Arizala both agree that if, for any reason, you violate the responsibilities listed in paragraphs 2 and 6, you will have committed a material Breach of this License entitling Micro Arizala to terminate the remaining term of their license and retain the License Fee. If, for any reason, the License is terminated, you agree and understand that you must return all Software, as well as any copies made of it and all manuals, to Micro Arizala within 30 day's time, and in any associated litigation, the prevailing party shall be entitled to recover damages plus reasonable attorneys' fees. III. Paragraph 13 shall be amended to the following: 13. TERM OF LICENSE: This License has a term of 50 years, and shall continue for the rest of the term on the condition that you do not commit a Material Breach. If you commit a Material Breach by doing any of the acts prohibited in paragraphs 2 and 6, Micro Arizala will terminate the License immediately. If, upon expiration, you desire to renew this License, You and Micro Arizala may agree to sign a new License incorporating the terms of this License and extending its length. The Village of Tequesta has the right to cancel the License by giving reasonable notice, i.e., ninety days, with the agreement to return the software and any and all copies of same upon cancellation. • Thomas G. Bradford Village Manager Micro Arizala Systems, Inc. Date: Date: