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HomeMy WebLinkAboutC11-381 New World Systems Standard Softare Maintenance Agreement NEW WORLD SYSTEMS CORPORATION STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and Eagle County, CO (Customer) sets forth the standard software maintenance support services provided by New World. 1. Service Period This SSMA shall remain in effect for a period of five (5) years from (start date) 10 /1 /11 to (end date) 9/30/16. 2. Services Include The following services or features are available under this SSMA: (a) Upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World). (b) Temporary fixes to Licensed Standard Software (see paragraph 6 below). (c) Revisions to Licensed Documentation. (d) Reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). (e) Invitation to and participation in user group meetings. Items a, b, and c above will be provided to Customer by electronic means. Additional support services are available as requested by Customer using the then - current hourly rates or applicable fees. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, then the additional New World maintenance or support services provided shall be billed at the then - current hourly fees plus reasonable expenses. 4. Billing Maintenance costs will be billed annually as detailed on the following page. If taxes are imposed, they are the responsibility of the Customer and will be remitted to New World upon being invoiced. 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA per the terms of the contract adding the software. Maintenance costs for the additional software will be billed to Customer on a pro rata basis for the remainder of the current maintenance year and on a full year basis thereafter. (Rev SSMA 03/06) CONFIDENTIAL Eagle County, CO i� I 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report Customer believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non - warranty request is handled as a billable Request for Service (RFS). The no charge software correction service does not apply to any of the following: (a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; (b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and; (c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for .NET Server New World agrees to provide software maintenance at the costs listed below for the following New World Standard Software packages licensed by the Customer: Application Package Number of Modules 1. Logos® Financial Management Suite 4 2. Logos® Business Analytics 1 3. Logos® Other Software 1 4. Logos® Site License 1 ANNUAL MAINTENANCE COST: See Below Period Covered Annual Amount Billing Date 10/1/2011 to 9/30/2012 $20,714 9/15/2011 10/1/2012 to 9/30/2013 $21,335 9/15/2012 10/1/2013 to 9/30/2014 $21,975 9/15/2013 10/1/2014 to 9/30/2015 $22,635 9/15/2014 10/1/2015 to 9/30/2016 $23,314 9/15/2015 Note: Unless extended by New World, the above costs are available for 90 days after submission of the costs to Customer. After 90 days, New World may change the costs. ALL INVOICES ARE DUE FIFTEEN (15) DAYS FROM BILLING DATE. (Rev SSMA 03/06) CONFIDENTIAL Eagle County, CO 8. Terms and Conditions This Agreement is covered by the Terms and Conditions specified in the Licensing Agreement(s) for the software contained herein. 9. Budgeting and Appropriation Notwithstanding anything to the contrary contained in this Agreement, Customer shall have no obligations under this Agreement after, nor shall any payments be made to New World in respect of any period after December 31st of any calendar year without an appropriation therefore by Customer in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 10. Conflicts Clause If any conflict exists between the provisions of this Addendum and the New World Systems Corporation Standard Software Maintenance Agreement, the provisions of this Addendum shall control. 11. Notices Any notice to be given to Customer shall be in writing and shall be deemed to have been duly given if delivered personally, by facsimile transmission or if sent by prepaid first class mail, and for the purposes aforesaid, notice shall be provided to: Eagle County Finance Department Attention: John Lewis 500 Broadway P.O. Box 850 Eagle, CO 81631 Phone Number: 970 - 328 -3511 Fax Number: 970 - 328 - 3519 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 12. Open Records New World acknowledges and agrees that Customer is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24- 72 -10, and that this Agreement and Addendum are open to public inspection in accordance with the requirements of the Colorado Open Records Act. (Rev SSMA 03/06) CONFIDENTIAL Eagle County, CO This Addendum shall be binding on the Parties hereto, their heirs, executors, successors and assigns. r Dated this I day of VA , 2011. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners ATTEST: �� C A )141 ii■ p%-r-* IP `'+�' ly avne Chairman �w .� ;yai� y, B , • �• Teak J. Simonton, Clerk to t' - Board of County Commissioners Wj,l •, t______ '' . P vuOv3 L NEW WO SYSTIMS RA ION By: IV. Signature / Print Nam i cy D. rtuJ�j Cr' Title JAI Date /1-22"-1 (Rev SSMA 03/06) CONFIDENTIAL Eagle County, CO Eagle County, CO Licensed Application Software At October, 2011 1. Logos® Financial Management Base Suite .NET - Financial Management Base Suite .NET - Purchasing Base.NET - Project Accounting .NET - Asset Management .NET 2. Logos® Business Analytics - Financial Mgt .NET - Business Analytics - Financial Mgt .NET 3. Logos® Site License - Site License 4. Aegis® Site License - Site License (Rev SSMA 03/06) CONFIDENTIAL Eagle County, CO