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Home My WebLink About97-76 Resolution No. 97-76 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HTE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, be and is hereby authorized and directed to execute an HTE-Programmed for Success, Inc. Software License Agreement on behalf of the City of Elgin with HTE, Inc . for computer software for recreation program registration and scheduling, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 12, 1997 Adopted: March 12 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • HTE-PROGRAMMED FOR SUCCESS,INC. SOFTWARE LICENSE AGREEMENT HTE - Programmed For Success, Inc. (hereinafter, HTE-PFS) provides the software program(s) listed in Section B and licenses its use on a multi-or single user computer,as indicated in Section B,for use only by and for the organization listed in below: Section A Organization Name CITY OF ELGIN (Licensee) Mailing Address 150 DEXTER COURT Physical Address City ELGIN State(Prov.) IL Zip 60120 Phone number(direct line if available)(847)93 I-5642 Ext. Administrative Contact GARY GORDIER Title MIS Manager Lead Computer Operator Title Computer Brand Model CPU Printer(s)Brand Model Interface Monitor Brand Model Type It is necessary for HTE-PFS to license the program(s) to your organization for use only in your normal operations. This license is non-transferable. It is not permitted for you to make and/or distribute copies (except for a backup copy) of the program(s) or manual(s), make alterations or modification to the program(s)or allow third parties to use or view the program(s)by time sharing,networking or any form of multiple user participation,etc. TERM OF LICENSE: The license is effective until December 31 of the same year during which the program(s)were originally shipped to the Licensee. It may be renewed on January 1st of each subsequent year by paying the annual User's Group Software Support and Maintenance Agreement for each program at the then current rate. If the Licensee transfers possession of the program to another party the license is automatically terminated. You may terminate it at any other time by destroying all copies of the program(s)and returning the original diskette(s) and manuals to HTE-PFS immediately thereafter. It will also terminate if you fail to comply with any term or condition of this Agreement. Use of the program(s)after the license has been terminated is not permitted. WARRANTY: HTE-PFS WARRANTS THAT THE DISKETTES UPON WHICH THE PROGRAM(S) ARE SHIPPED WILL BE FREE FROM DEFECTS IN MATERIAL OR WORKMANSHIP FOR A PERIOD OF FIVE YEARS FROM THE ORIGINAL DATE OF SHIPMENT. HTE-PFS MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. HTE- PFS'S LIABILITY FOR DAMAGES TO THE CUSTOMER FOR ANY CAUSE WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT FOR HTE-PFS LICENSED PROGRAM(S). IN NO EVENT WILL HTE-PFS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR REPROCUREMENT COSTS,EVEN IF HTE HAS BEEN ADVISED OF THEIR POSSIBILITY. USERS-GROUP SOFTWARE MAINTENANCE AND SUPPORT POLICY: To guarantee continued support of only those products licensed by HTE-PFS, a reasonable annual software support fee will be charged at prevailing rates on a per-product basis. In consideration for the support fee charged, HTE-PFS agrees to: a. Multi and Single User Application(s): Toll free telephone support will be availiable from 8:00 a.m.to 8:00 p.m.Eastern Time Monday thru Friday. Telephone suppport outside these times is available for an extra charge. b. Provide annual updates to the program for purposes of improvement or bugfixes. Old P P g P 1P P versions of the program will not be supported after an official annual update has been released. Section B The use of the following program(s)are licensed to the organization listed in Section A for operation on a multi-user or single-user computer as indicated. Program Name P.O.Number Date Shipped Activity Registration-Multi User Facility Registration-Single User League Scheduling-Single User LOCATION: The above program(s) are licensed for use at the physical address specified in section A. Please notify HTE-PFS in writing 15 days prior to changing locations. Any subversive attempts to change the Licensee's Organization Name, Address, Phone Number contained in the program's encrypted data file(s)without written authorization from HTE-PFS shall result in immediate termination of the license. ENTIRE UNDERSTANDING: I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. I UNDERSTAND THAT BY OPENING THE PLASTIC ENVELOPE WHICH CONTAINS THE PROGRAM(S) I AM RESPONSIBLE FOR FULL PAYMENT OF THE PROGRAM(S) AND AM UNABLE TO RETURN THEM FOR A REFUND OR CREDIT. I FURTHER AGREE THAT THIS, INCLUDING THE ATTACHED SCHEDULE A, CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN HTE-PFS AND THE LICENSEE WHICH SUPERSEDES A PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Opening the plastic envelope containing the program(s) listed in Section B executes this agreement on behalf of the Licensee. Also,please sign and return the original copy of this Agreement together with your payment as provided for in the Schedule A,to HTE-PFS immediately. CITY GIN H.T.E.,INC. ( sto er By Dennis .Wi er V 6 /3 Vice President 7/16/96 Title ate Title Date SUPPLEMENT TO HTE-PROGRAMMED FOR SUCCESS,INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE-PFS AND CITY OF ELGIN SCHEDULE A-PRICING AND PAYMENT SCHEDULE ,IENSED::.:. .:. :• .>..:. ..<::»»::»::»::>::»»>::>::; : ..;.:.>.::.>::>::>::>::>::>::>:::..:::::. . ��; .r�:.:,.M....'�....;:; .N:.; �Ia:..'"..>::;::;.::.;:.::.::.;;:.;;;:.��:<�'tra�r�.�a Parks&Recreation System : 5 22,000.00 6 $ 6,000.00 S 3,400.00 Activity Registration-Multi User Facility Reservations-Single User League Scheduling -Single User GRAND TOTALS $ 22,000.00 6 $ 6,000.00 $ 3,400.00 License Fees $ 22,000.00 $ 22,000.00 Training Fees 6 days @$1000/day 6,000.00 $ 6,000.00 Support Fees 3,400.00 $ 3.400.00 TOTAL $ 31,400.00 $ 22,000.00 $ 6,000.00 $ 3,400.00 *Footnotes Support fees will be prorated from date of delivery to December 31st of the same year during which the program(s) were originally shipped to the licensee. It may be renewed on January 1st of each subsequent year by paying the annual User's Group Software Support and Maintenance Agreement for each program at the then current rate. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. Non-Hiring Statement During the term of this Agreement and for a period of twenty-four(24)months after the termination of this Agreement,the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four(24)months without prior consent of HTE. Prices quoted above will be honored through August 31,1996. `0 OF Etoe Agenda Item No. City of Elgin o 9nU&ITCD%E��^ February 19 , 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Purchase of Computer Software for Recreation Program Registration and Scheduling PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider the purchase of computer software as well as entering into a contract agreement with HTE, Inc. for software system manage- ment services for the Parks and Recreation Department. BACKGROUND The management of recreation registrations, facility rentals, league scheduling and other Parks and Recreation Department functions are currently performed manually through the use of paper forms . These processes will function more efficiently with the establishment of a computer automated based system from HTE, Inc. . The benefits of the mainframe system are as follows : ( 1) The recommended software program is an HTE applica- tion, the City' s current application software provider. The compatibility allows for the automatic interfacing with other existing software functions . For example, revenues will be immediately entered into the accounting system upon registra- tion at the Parks and Recreation office. The proposed pack- age will eliminate having to enter registration fees by multiple departments . (2) Program registration will be completely done on the computer with the participant signing a waiver/receipt. An automated process eliminates hand-written paperwork for registrants and staff filling out receipts . The system produces and completes all necessary paperwork. ( 3 ) Facility rentals for the Lords Park Pavilion, park shelters and pool rentals will be inputted on the computer with the capability to print confirmation information, re- ceipts and facility calendars . (4 ) The HTE application allows multiple users within the registration function to produce class rosters , process registrations, update class information, etc . simultaneously. Computer Software/Recreation Program February 19, 1997 Page 2 ( 5) The HTE application will allow for data tracking of recreation program registrants and facility users . The City' s MIS Committee has established this initiative as a high priority and has dedicated a portion of its allocated resources to purchase this software. Recreation management software is part of the City' s overall long range planned software purchase. The purchase would not be bid as it is a sole source product through the City' s HTE vendor. The cost breakdown of the software and hardware is : Software: $22 , 000 Training: 6 , 000 Support Fees : 3, 400 $31,400 Total cost Support fees totaling $3,400 will be prorated for 1997 calcu- lated from the date training ends to the end of the year. Support includes customer support, ongoing maintenance and software update management. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED City' s MIS Committee FINANCIAL IMPACT Sufficient funds exist to purchase the HTE software for the Parks and Recreation Department at a total cost of $22 , 000 within the MIS Riverboat Account #275-000-791 . 92-50 . Sufficient funds exist to contract the software training through HTE at a total cost $ ,of 6 000 within the Parks and Recreation Administration Training Account #010-5001-761 . 36-01 . Sufficient funds exist to contract the software support at a total cost of $4 , 300 within the Equipment Revolving Fund Account #601-4800-796 . 40-06 . LEGAL IMPACT None. ALTERNATIVES Option #1 : Purchase the HTE software to upgrade the Parks and Recreation Department registration, facility rental and league scheduling functions . Computer Software/Recreation Program February 19, 1997 Page 3 Option #2 : Do not purchase the computer system and continue to process all functions by hand. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the purchase of the HTE computer software and system training from HTE, Inc . at a total cost of $31, 400 and enter a system management service contract. Respectfully submitted, Monica Bates, Director • Parks and Recreatio a4gac--(21A-4-u es R. Nowicki - or of Finance Uy :r O. Malm Interim City Manager kb