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Ordinance No. 5,555940524 ®17 AN ORDINANCE 4. AND DIRECTING MAYOR EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEME WITH INFOSOL, INC. TO REVISE T14-E P. OF DA PROCESSING SERVICES TO BE PROVIDED TO THE CITY; AN] PROVIDING FOR THE EFFECTIVE DATE 4, E IT ORDAINED BY THE CITE' COUNCIL OF THE CITY OF BAYTOWN, TEXAS: .M° 6METT Ca HUTTO, Mayor E:ILEEN P. HALL, City Clerk r RAND ALL B. STRONG, C Attorney E THE STATE OF TEXAS 5 • 5 AGREEMENT COUNTY OF HARRIS S The City of Baytown, a municipal corporation located in Harris County and Chambers County, Texas, hereinafter called "City," and INFOSOL INC., a Texas corporation located in Houston, Harris County, Texas, hereinafter called "Infosol," having previously entered into an agreement for certain data processing services dated the 28th day of July, 1988; and WHEREAS, under this previous agreement entered into by the parties, Infosol was to provide a computerized tax and utility billing system for use by the City of Baytown in its tax and water and sewer billing operations; and WHEREAS, the parties have agreed that Infosol should cease working on the proposed computerized tax and water and sewer billing system described herein as of May 1, 1990; and WHEREAS, the parties now hereby desire to amend and modify the earlier agreement; NOW THEREFORE, IN CONSIDERATION for the terms and conditions hereinafter described, the parties hereby agree to the following: I Infosol shall cease all work upon the computerized tax and utility billing system which they were required to provide to the City of Baytown pursuant to the July 28, 1988, agreement between Infosol and the City. Infosol shall pay to the City a total of $11,000.00, such sum being the agreed upon amount for work paid for by the City of Baytown but not completed by Infosol. Such amount shall be paid in monthly installments payable the first of each month beginning June 1, 1990. The first five monthly is installments will be the sum of $2,000.00 each and the sixth and final installment will be for the balance of $1,000.00. � 0 II Such payments shall be made payable to the City of Baytown and directed to the Finance Director of the City of Baytown no later than the first day of each month. III Infosol hereby conveys the right to use the computerized tax and utility billing system, including software, that has been installed, and the parties hereby agree that the City of Baytown is entitled to use, develop, alter, or adapt the work previously done by Infosol on the computerized tax and utility billing system, as long as such use, development, alteration or adaptation is solely for the use of and benefit of the City of Baytown. The City shall not attempt to market, sell, or convey its computerized tax and utility billing system if such system uses or is based upon the work already performed by Infosol. IV It is understood by the parties hereto that each has suffered additional damages as a result the non - completion of the planned computerized utility billing system as described in the July 28, 1988, agreement. This agreement is intended to compromise and settle all claims of any nature by both parties - 2 - resulting from or arising out of the described computerized tax and utility billing system project. THIS AGREEMENT IS SIGNED IN DUPLICATE COPIES this the day of , 1990. ATTEST: EILEEN P. HALL, City Clerk ATTEST: Secretary S:S:31 :3 • CITY OF BAYTOWN EMMETT O. HUTTO, Mayor INFOSOL, INC. ROBERT GARZA, President - 3 --