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HomeMy WebLinkAboutRES 1988-016 � RESOLUTION NO. 88-16 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, REGARDING AMENDMENTS TO THE CONTRACT FOR AN ON-LINE POLICE MOBILE DATA TERMINAL; PROVIDING FOR THE EXECUT�ON OF A LICENSE AGREEMENT AND PROVIDING AN EFFECTIVE DATE ,�._, WHEREAS, the City of Grapevine, Texas (the "City") , has entered into a contract with Multi-Information Systems �:�� Incorporated, Arlington, Texas ( "MISI") effective September 2, 1986 regarding the acquisition, by the City, of an on-line police mobile data terminal and related software (the "Contract") ; and WHEREAS, it has been determined that the creation and maintenance of an escrow account as provided in Section 6 of the Contract for the purpose of depositing the software is not feasible and would not accomplish the purposes intended by the parties which requires and necessitates an amendment to Section 6; and WHEREAS, the nonfeasibility of the escrow account was not anticipated at the time the Contract was entered; and V+IHEREAS, MISI has agreed to amend the Contract by deleting the provision regarding the escrow account and providing that a license agreement be entered into between the City and MISI wherein an irrevocable and non-transferable license in the computer software be granted by MISI to the City; and WHEREAS, the City Staff agrees that the granting of a �:...� license is feasible and will accomplish the intention of the parties; and � WHEREAS, it is necessary that the City Council of the City of Grapevine amend Section 6 of the Contract to delete the provisions relating to an escrow agreement and to provide for the granting of a license to the City from MISI . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l . That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2 . That the City Council hereby authorizes the City Manager to execute an amendment to Section 6 of the Contract deleting the provisions relating to the escrow agreement and inserting a provision relating to an irrevocable and non-transferable license. Section 3 . That the City Council hereby authorizes the City Manager to execute an irrevocable and non-transferable license to the City from MISI to use the software outlined in the Contract, including the current and all subsequent versions of the "MDT Switcher" , software source code and complete normally accepted programming documentation for the software components. Section 4. That this resolution shall take effect immediately from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE 1988. OF GRAPEVINE, TEXAS on this the 5th day of Abril � APPROVED: ayor ATTEST: �. . �x� Ci y ecreta y APPROVED AS TO FORM: � City Attorney ,�: .. �:�