HomeMy WebLinkAboutITEM V-C-3
AGENDA BILL APPROVAL FORM
Agenda Subject:
Software License Agreement
Department: I Attachments:
Finance Exhibit A License Agreement
Administrative Recommendation:
Date:
June 1, 2005
Budget Impact:
City Council to approve the contract amendment with EDEN Systems, Incorporated to include licensing
for Project Accounting software.
Background Summary:
The 2005 budget provides funding to purchase project accounting software. After distribution of a request
for proposal, the package presented by EDEN Systems, Incorporated, was selected. The attached
license agreement is an amendment to the master license agreement for EDEN Systems InForum Gold
products approved by Resolution No. 3243 in 2000.
The attached license agreement includes the project accounting software license, estimated fees for
training and installation, and sales tax for a total of $42,615.60.
N0606-2
A2.1.2
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport [8J Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
[8J Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
o Information Services
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Backus I Staff: Coleman
Meeting Date: June 6, 2005 I Item Number: V.C.3
CLIENT COpy
ADDENDUM TO
EDEN SYSTEMS, INCORPORATED
SOFTWARE LICENSE AND USE AGREEMENT
October 16. 2000
ORIGINAL AGREEMENT DATE
and
("Licensor"),
Inc., EDEN Division
("Licensee")
May 26, 2005
Tyler Technologies,
City of Auburn, W A
FANY:
AMENDMENT DATES,
PARTIES:
WHEREAS, Licensor and Licensee entered into a Software License and Use Agreement on the date(s) setforth above (the "Agreement"); and
to the Agreement as set forth in this Addendum.
WHEREAS, Licensor and Licensee desire to modify the exhibits
THEREFORE, Licensor and Licensee agree as follows:
Licensee agrees to purchase and receive, and Licensor agrees to sell and deliver, those products and services set forth on Exhibits A and 8 to this
Addendum, which shall supplement the exhibits to the original Agreement. Payment for such products and services shall be made in accordance with
ExhiM B.
1.
In the event of cancellation or tenmination of this Addendum, Licensee will make payment to Licensor for all software products,
delivered or incurred under this Addendum prior to such tenmination or cancellation.
2.
services, and expenses
the tenms and provisions of the Agreement and its exhibits remain unchanged.
Except as otherwise expressly set forth in this Addendum,
3.
Tyler Technologies, Inc., EDEN Division
Licensor
EFFECTIVE as of the last date set forth below.
City of Auburn, W A
Licensee
By:
By:
Name: S. BretCCate
Name:
Vice President, EDEN Division
5/26/05
OS/25/2005
1
Page
.
License Agreement
Title:
Date:
Title:
Date:
Exhibit A - EDEN Division Deliverabfes
City of Auburn, WA
Add Project Accounting
Salesman: P.O'Neal
Demonstrator: S.SalvnerlL.De Schulthess
z_ S.IY4_ '·P'r.'~
¡~ïj:~r~~,!
:~ffi':I~___~"I_~_~,Î~
t~ j :y~!!,:,g_".",,,,,,,, ,." ".
ß:!LfityfJj ling~~~_._~___~~,_~
~"",ai~~_~~~,~~__u~,_____,~_~~,~~
{~lICi~~!~-,!!.!. ._~'"'
~i' piØ¿ilëb-& SM¥f~ -~~
I¥deñï¥íenuš"""-"""""'''''-'~''-''-'---
"öat,¡¡' Dictionaries
)~.~p3?~j;iiç(~1Jni¡rr.~--
CJR Inlerfac..
~nfFoïm8"ci1Nïtion
;IG~~~g------
GASB 34 Reporter
OS/25/2005
Page 2
License Agreement
Notes to Exhibit A - EDEN Division Deliverables
City of Auburn, WA
Add Project Accounting
This addendum is to provide Licensee with full license rights to the InForum Gold products outlined herein, It
augments the Licensee's previous license agreement which provided for use of other InForum Gold products.
·
The items in Exhibit A are products and services delivered to Licensee from Licensor. Product support and
maintenance is obtainable directly from Licensor for those items totaled under the "License Fee (Support
Basis)" column only. All support and maintenance for other items priced under the column "License Fee (No
Support)" must be obtained by Licensee directly from the original manufacturer or supplier.
·
This is an estimate of the travel costs associated with this implementation. Although we will make every effort
to utilize trainers from the closest office, schedules may sometimes dictate that we user trainers from other
parts of the country. You will be billed for the actual costs as documented.
·
Please note that the requirements for Service days are estimates. You will be billed for the actual costs as
documented. Eden will provide an accounting of the employees who performed the work and the work they
performed.
OS/25/2005
Page 3
License Agreement
·
Exhibit B - City of Auburn, WA
Add Project Accounting
EDEN Division Deliverables
...."-.-,.,,-..--,-..-..-.-.
[License£!!.I!~._.___
ITrainißLª,-!~tallati~
¡ Data Conversion
[Projec;j Management
¡ Forms Crea1ion
L__~_,
í
IT¡;ird~pàrty.Prod~ctŠ------~·
r--
í
C'-' _..._._
í
[~xi~nses-(EStimate~l[~ -
¡Sales Tax______
t-
,
* For purposes of tihis Addendum 0 nly, "Verification" means either: (i) Licensor ( upon Licensee's request a nd within thirty d ays 0 f
installation) tests the software products in accordance with Licensor's standard verification testing procedure demonstrating that the
software products comply with Licensor's documentation for tihe most current version of tihe software products and functional descriptions
of the software found in Licensor's written proposal to Licensee; or (ii) Licensee performs its own defined internal validation process to
test to validate tihat the software products substantially comply witih Licensor's documentation for the most current version of the software
products and functional descriptions found in Licensor's written proposal to Licensee; or (iii) Licensee's use of the software products for
their intended purpose. Verification as set forth above shan be final and conclüsiv6, except fOi latent defect, Îïauû, and such gross
mistakes that amount to fraud.
I
r
t
,
OS/25/2005
Page 4
License Agreement