HomeMy WebLinkAboutRESOLUTION NO. 2010-19 RESOLUTION NO. 2010-19
A RESOLUTION TO ENTER INTO A CONTRACT WITH
DATA TECHNOLOGIES, INC. FOR THIRD PARTY METER READER
INTERFACE TO THE UTILITY BILLING SOFTWARE
WHEREAS, the City of Fairfax is installing equipment for remote water meter reading;
and
WHEREAS, Data Technologies, Inc. currently supplies our software program for the
utility billing system; and
WHEREAS, the City of Fairfax desires that this software interface with the remote water
meter reading equipment to download the meter information into the billing software.
NOW, THEREFORE, BE IT RESOLVED, that the City of Fairfax agrees to enter into
a contract with Data Technologies, Inc. for the third party meter reader interface; and
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby directed to certify this resolution of approval and the Mayor
and City Clerk are authorized to sign the contract from Data Technologies, Inc. for the third
party meter reader interface.
Passed and approved this 9th day of March, 2010.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
ABSENT: None
Jason .abe, Mayor
ATTEST:
Cynt is Stimson, City Clerk
SOFTWARE AGREEMENT
DATA TECHNOLOGIES,INC.
14225 DAYTON CIRCLE SUITE 4
OMAHA,NEBRASKA 68137
Division and Company: City of Fairfax Z�l
Attention of/Department: Mr.Jason Rabe Co�Li J
Street Address: 525 Vanderbilt Street
P.O.Box 337
City,State,Zip Code: Fairfax,IA 52228
Contract Preparation Date: 02/24/2010
DATA TECHNOLOGIES,INC.(hereafter DT),agrees to sell and Customer agrees to purchase the license to use the software computer programs or packages listed in accordance
with the following terms and conditions. The program(s)or package(s)licensed by Customer will be referred to hereinafter as"program',and includes the annual updates if indicated
below as applicable.
DESCRIPTION OUANTITY UNIT PRICE EXTENDED PRICE
Third Party Meter Reader Interface 1 $2,000.00 $2,000.00
Interface with Itron-MVRS
Phone support for installation is available at the rate of$85.00 an hour.
NOTE*:The number of on-site service days is estimated. Additional on-site service days are available at the same daily rate plus travel expenses. The travel expenses are
billable at cost and are not included in the total. Travel expenses include mileage,meals,lodging,airfare(if applicable),and travel billed at$25.00 per hour.Mileage will be
calculated at the current IRS allowable rate in effect at the time the service is rendered. Customer Support Services are available over the phone at a rate of$85.00 per hour
with a minimum charge of$42.50(Summit software install and/or setup)
SUMMIT PROGRAM LICENSE FEE: $2.000.00 + NON-SUMMIT PRODUCTS AND SERVICES: $0.00 = $2 000.00
TOTAL INITIAL FEE:
Payable As Follows:
On execution of the Agreement,fifty percent of the total purchase price $1.000.00
At Shipment,balance of total purchase price(Plus Applicable Sales Tax&Freight) $1.000.00
ANNUAL SUMMIT PRODUCT SUPPORT AGREEMENT(PSA): $200.00
ANNUAL SUMMIT LICENSE FEE(ALF): $200.00
DURATION OF ALF and PSA:One Year (First year will be prorated through 12/31,first 90 days free)
1.PAYMENT.Customer shall pay DT remainder of the One Time Program License Fee on delivery of the program Customer shall pay DT an Annual Program Update License Fee,
if applicable,for each calendar year,or portion thereof,for the specified duration of the license.
2.GRANT OF LICENSE.DT grants to Customer a personal,nonassignable,nontransferable and nonexclusive license to use program solely in the conduct of Customer's business,
only at the locations designated by Customer on the final page of this Agreement. Customer acquires only the right to use the program and does not acquire any legal or equitable
right of ownership in program. This Agreement and the license granted pursuant hereto may not be mortgaged,pledged,assigned,sublicensed,leased or otherwise transferred by
Customer without prior written consent from DT.
3.TAXES.In the event that the license herein is or becomes the subject of any tax,assessment tariff,duty or other tax or assessment,payment of any such tax or assessment
shall be the responsibility of Customer and,if DT is assessed,Customer shall promptly reimburse DT for any payment made. In the event that a waiver or exemption is
available to avoid such an assessment,it shall be Customer's responsibility to apply for such waiver and pay the expense thereof.
4.MODIFICATION.Customer shall inform DT in writing of any modifications made by Customer to Customer's computer hardware.
5.DELIVERY.The program shall be delivered on the date specified,provided,however,if delivery is delayed through no fault of DT,the date of delivery shall be extended fora
period of time equal to the period of delay.
6.DUPLICATION.Customer will not permit the program or related materials to be duplicated or used at any other than the original location or substitute location as provided herein,
whether gratuitously or for a valuable consideration,by or for the benefit of any organzation,corporation,partnership,business association or individual.
7.PROPRIETARY RIGHTS.Customer recognizes that program system,documentation,manuals and other materials supplied by DT to Customer are subject to the proprietary
rights of DT. Customer agrees with DT that program documentations and all information or data supplied by DT in machine readable forms are trade secrets of DT and as such are
protected by civil and criminal law and by the law of copyright and are very valuable to DT and that their use and disclosure must be carefully and continuously controlled. Customer
shall not provide or otherwise make available any licensed program or related materials,in any form,to any other person without prior written consent from DT. Upon termination of
this Agreement,Customer shall return program and related documents to DT.
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND LIMITATIONS