HomeMy WebLinkAboutSpringbrook - Software License & Services Agreement qe--- pringbrook
SPRINGBROOK SOFTWARE
LICENSE AND SERVICES AGREEMENT
PARTIES:
LICENSOR:
Springbrook Software, Inc., an Oregon corporation
111 SW Fifth Avenue, Suite 2900
Portland, OR 97204
Phone: 503.820.2200
Fax: 503.820.4500
Email: sales@ sprbt_k.cu,rl
LICENSEE:
City of Cape Canaveral
105 Polk Avenue
PO Box 326
Cape Canaveral, FL 32920-0326
Andrea Bowers
Finance Director
321.868.1234
bowers-cape@cfl.rr.com
EFFECTIVE DATE:
AGREEMENT:
1. Definitions. As used in this Agreement, including the Attachments hereto, the
following terms shall have the following meanings.
a. "Initial Installation" means the first instance of installation or loading of
any portion of the Software onto Licensee's computer, network or
system,without regard to completion of Modifications or other services
to be performed under this Agreement.
b. "Licensee Modifications" means any modification, enhancement or
addition to the Software developed by or for Licensor especially for
Licensee's use or at Licensee's request.
c. "Licensor Modifications" means any modification, enhancement or
addition to the Software by or for Licensor, other than Licensee
Modifications.
d. "Material" as applied to the Software or an Application, shall mean a
significant or substantial alteration or effect on the function or output
thereof, and "cure" as applied to a Material failure shall mean the
provision of functional equivalent functions or means.
e. "Specifications" means the written (both hard copy and electronic text
files) description of the functions, capacity, performance and features of
the Software as delivered by Licensor to Licensee under this Agreement
(including,without limitation, any such description in a response to RFP
or RFI delivered by Licensor to Licensee, in a Licensor product brochure
provided by Licensor specific to the Software, or in correspondence from
Licensor to Licensee).
f. "Software" means the version of the Springbrook Software, Inc. software
packages, applications and interfaces selected by Licensee, listed on
Attachment A (each an "Application'), current at the time of signing this
Agreement, and shall include any Licensee Modifications and Licensor
Modifications provided by Licensor to Licensee.
g. "User Materials" means all written and electronic documentation,
manuals and materials provided by Licensor to Licensee for use in
connection with the Software.
2. Grant of License. Licensor grants Licensee a non-transferable, non-exclusive
license to use the Software and User Materials, on the terms and conditions set
forth herein.
a. Scope of License. Under the License granted herein Licensee may use,
copy and distribute the Software (in machine-readable, object code form
only) and User Materials to: (i) install,use and execute the Software on
computers that Licensee owns or leases for purposes of serving Licensee's
internal business needs; (ii) support Licensee's use of the Software under
this Agreement; and (iii) transfer or copy the Software from one of
Licensee's computers to another, store the Software's machine-readable
instructions or data on a temporary basis in main memory, extended
memory, or expanded memory of such computers as necessary for such
use, and transmit such instructions or data through Licensee's computers
and associated devices.
SPRINGBRooK SOF 1 WART I.IC'FNSF: AGREI?ti1I N'1 Page 2 of 19
b. License Restrictions. Licensee may only use the Software and User
Materials within the limited scope set forth herein. In particular, and
without limitation, Licensee agrees that Licensee and Licensee's
employees will not: (i) assign, sublicense, transfer, pledge or grant a
security interest in, lease, rent or share Licensee's rights under this
License Agreement with any third party; (ii) reverse assemble, reverse
compile, cross compile or otherwise adopt, translate or modify the
Software; or (iii) refer to or use any portion of the Software or User
Materials as part of any effort to develop any other software program.
c. Source Code. Licensor shall house the latest release of the Software with
source code with the president or designate of the National User Group
for safekeeping.
3. Ownership;Proprietary Protection. This Agreement does not provide
Licensee with title to or ownership of the Software, but only a right of limited
use. Licensor shall have sole and exclusive ownership of all right, title and
interest in and to the Software and User Materials, all copies thereof, all
derivative works, and all related material generated from the Software
including material displayed on the screen such as icons, screen displays, etc.
(including ownership of all copyrights, trademarks and other intellectual
property rights pertaining thereto),whether created by Licensor or any other
party, subject to the rights of Licensee expressly granted herein.
4. Confidential Information;Non-Disclosure. Licensee acknowledges that the
Software and User Materials, and all underlying ideas, algorithms, concepts,
procedures, processes, principles, know-how, and Licensor's methods of
business and technical operation (collectively referred to as "Confidential
Information") are confidential and contain trade secrets. Pursuant to section
119.071(1)(f), Florida Statutes, to the extent the Software and User Materials
constitute "trade secrets" as that term is defined by section 812.081, Florida
Statutes, they shall be exempt from disclosure otherwise required by section
119.07(1), Florida Statutes, and section 24(a), Article I, Florida Constitution.
Further, Licensee shall not use, disclose or cause disclosure of, or distribute
any Confidential Information, directly or indirectly, without the prior written
consent of Licensor, except that Licensee is authorized to disclose Confidential
Information to Licensee's employees or agents as required for Licensee's use of
the Software as authorized by this Agreement or as required by Law,which
obligation shall survive the termination of this License. Licensee shall
otherwise be subject to the requirements of Chapter 119, Florida Statutes, and
any other applicable provision of law with respect to public records disclosure.
SPRINGBROOK SOFTWARE 1.IC ENSE .AGREEMENT Page 3 of 19
5. Fees. The fees payable by Licensee to Licensor under this Agreement shall
consist of License Fees (as defined in Attachment A), and additional fees for
specific services. If any portion of the Fees is paid through an installment note,
any default under the terms of said note will constitute default by Licensee
under this Agreement.
a. License Fees. License fees shall be paid by Licensee solely in
consideration of the License granted under this Agreement, and shall be
invoiced and payable in the amounts and at the times in accordance with
the Schedule of Fees set forth in Attachment A. License Fees are
exclusive of Service Fees, and shall not constitute consideration or
payment for Set-Up, Implementation Management, Training and
Consulting, Data Conversion, Modifications or Maintenance.
b. Fees for Services. Additional fees shall be paid by Licensee in
consideration of Set-Up, Implementation Management, Training and
Consulting, Modifications, and Data Conversion, and shall be invoiced
and payable in the amounts and at the times in accordance with the
Schedule of Fees set forth in Attachment A.
c. Maintenance Fees. Maintenance fees shall be paid by Licensee solely in
consideration of those maintenance and support services described in a
separate Software Maintenance Agreement between Licensor and
Licensee.
d. Taxes. Licensee is solely responsible for sales or use taxes and state or
local property or excise taxes associated with licensing, possession, or use
of the Software or any associated services.
6. Licensee's Cooperation. Licensee acknowledges that successful installation,
implementation and use of the Software cannot be accomplished by Licensor's
efforts alone, and requires substantial effort and cooperation by Licensee
personnel capable of properly using the Software. Both Licensor and Licensee
shall at all times use their best efforts to actively participate and cooperate in
data conversion, system installation, implementation, training and use, shall
provide each other accurate and timely information, and shall afford each other
reasonable access to information and facilities. All substantive communication
between Licensor and Licensee will take place between Licensee's project
manager and Licensor's project manager.
7. Acceptance Testing Period. Upon completion of implementation of each
Application, Licensor shall give written notice to Licensee that installation of
SPRINGRROOK SOFTWARE I.IC'ENSE AGREEMENTPare 4 of 19
the Application at the Initial Installation site(s) is completed, and that Licensee
has achieved Live Status as to the Application (such times also referred to as
"go live date(s)" in Licensor's Project Schedule, as shall be determined by the
parties promptly after execution of this agreement). Licensee shall be deemed
to have accepted the Application thirty (30) days after Licensor's notice,
unless, during that thirty (30) day period (the "Acceptance Testing Period"),
the Application fails to perform in accordance with the Specifications in some
Material respect attributable to a defect in the Application or an act or
omission of Licensor, and, by the end of the Acceptance Period, Licensee gives
Licensor written notice of non-acceptance describing the failure in reasonable
detail. If Licensee gives a proper notice of non-acceptance to Licensor, then:
a. Investigation. Licensor shall investigate the reported failure. Licensee
shall provide to Licensor reasonably detailed documentation and
explanation, together with underlying data, to substantiate the failure and
to assist Licensor in its efforts to diagnose, reproduce, and if necessary
correct the failure.
b. Material Failure Found. If there exists a reproducible Material failure to
perform in accordance with the Specifications attributable to a defect in
the Application or an act or omission of Licensor, Licensor shall,within
thirty (30) days (or such longer period as may be reasonable under the
circumstances) after receipt of Licensee's written notice of non-
acceptance, correct the failure so that the Application functions in
Material conformity with the Specifications. Upon correcting the failure
within such period Licensor shall notify Licensee in writing that the
failure has been corrected, and another Acceptance Testing Period shall
begin in accordance with this Section 7.
c. No Material Failure Found. If there was no reproducible Material failure
to perform or the failure to perform was not attributable to a defect in the
Application or an act or omission of Licensor, then Licensor shall give
written notice to Licensee explaining its determination in reasonable
detail, and Licensee shall have thirty (30) days to respond with additional
documentation or written explanation regarding the failure. If Licensee
provides such response, Licensor shall be afforded thirty (30) days to
review the response and, if necessary, attempt to correct the failure. If
Licensee does not provide such response within thirty (30) days, then
Licensee shall be deemed to have accepted the Application as of the date
of Licensor's notice.
8. Term;Default: Opportunity to Cure. This Agreement is effective as of the
Effective Date and shall continue until terminated. The License shall terminate
SPRINGBROOK SOFEWARE 1 10ENSE AGREEMENT Page 5 oi 19
upon default, cancellation, repudiation or rejection of this Agreement by either
party. A party shall be considered in default only if the party, thirty (30) days
after receiving written notice from the other party identifying with reasonable
specificity a Material failure to comply with any term or condition contained
herein (including without limitation Licensee's failure to pay any fees or
charges due under this Agreement or any related Software Maintenance
Agreement or service agreement, and Licensor's breach of the limited warranty
provided in Section 10),has not cured such failure or breach. Upon
termination of the License, Licensee shall return to Licensor the Software
together with all copies and merged portions in any form and User Materials
and related documentation. In the event of termination other than termination
resulting from a default by Licensor,no License Fees or other Fees then paid
or payable shall be waived or refunded, and any License Fees then unpaid shall
be immediately payable in full.
9. Support and Maintenance. Support and maintenance of the Software is not
included in this Agreement or the License Fees or Service Fees paid hereunder,
but is purchased through a separate Software Maintenance Agreement.
10. Limited Warranty. Licensor warrants that it has title to the Software and that
it has full authority to grant this license to Licensee. Licensor also warrants
that, as to each Application, for a period of ninety (90) days from the date of
Licensee's acceptance of the Application, the Application will function in
Material conformity with the Specifications. Licensor makes no warranty
regarding the usability or convertability of any of Licensee's data, the
suitability of the Software for Licensee's needs, or any performance problem,
claim of infringement or other matter to the extent attributable to any use or
modification of the Software, or combination of the Software with any other
software or computer program or communications device, not expressly
authorized by Licensor in writing. Determination of breach of the foregoing
limited warranty or default under this Section 10 shall be subject to the notice
and cure provisions of Section 8, and upon receipt of written notice of breach
of warranty Licensor shall be afforded a period of thirty (30) days to cure the
reported Material defect, failure or other breach. Licensee agrees that the
foregoing limited warranty is in lieu of all other warranties of Licensor and
Licensor disclaims all other warranties, express or implied, including without
limitation any implied warranty of merchantability, fitness or adequacy for any
particular purpose or use, quality, productiveness or capacity, or that the
operation of the Software will be error-free.
11. Limitation of Remedies and Liability. The cumulative liability of Licensor to
Licensee for all claims relating to the Software and any services rendered
hereunder or in any related service or maintenance agreement, arising under or
SPRINGBROOK SOH WARE I.I('ENSL A(;RI I N1FN"T Page 6 of 19
relating to this or any related agreement or warranty (including without
limitation the limited warranty provided pursuant to Section 10), or otherwise
in contract, tort, strict liability, indemnity or any cause of action whatsoever,
shall in all events be limited to the total amount of the Fees paid to Licensor
under this Agreement for the relevant Application(s) and related services. In
no event shall Licensor be liable for any consequential, indirect, special or
incidental damages (including,without limitation, damages for loss of business
profits, business interruption, loss of business information, or other pecuniary
loss),whether arising out of contract, tort,warranty or otherwise, even if
Licensor has been advised of the possibility of such potential loss or damage.
The foregoing limitation of liability shall apply regardless of the success or
effectiveness of other remedies. The Fees herein and terms hereof have been
agreed to by Licensor in reliance on the allocation of risk and limitation of
liability set forth in Section 10 and this Section 11.
12. Jurisdiction;Venue. This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of
Florida. Venue for any state action or litigation shall be Brevard County,
Florida. Venue for any federal action or litigation shall be Orlando, Florida.
13. Entire Agreement: Construction; Licensor and Licensee Representations.
This Agreement is the complete and exclusive statement of the agreement
between Licensor and Licensee and supersedes all prior and contemporaneous
negotiations, discussions,proposals and understandings, oral, written or
implied, including those involving any agent of either party, relating to the
subject matter herein. No representations or statements made by either party
or either party's agents not expressly set forth or referenced in the Agreement
shall be binding on either party. Rights, obligations and warranties under this
Agreement extend to Licensee and Licensor only, and no other person shall be
considered a third party beneficiary of this Agreement or be otherwise entitled
to any rights or remedies under this Agreement. No provision of this
Agreement shall be construed in favor of or against any party because one
party or its professional advisors participated in the preparation of this
Agreement. Licensee represents and warrants that it possesses sufficient
mastery of the principles of accounting to use the Software for its intended
purpose, and, accordingly, Licensee acknowledges that it is Licensee's
responsibility to: develop and institute the use of manual controls to validate
the accuracy of the data generated by the system; review proof lists and reports
to validate the accuracy of reports and statements; and verify that a functioning
archival system is in place, and that the data base is archived to a removable
medium on a daily basis. In the event of a conflict between the Attachments
and the main body of this Agreement, the main body of this Agreement shall
control.
SPRINGE3ROOK SOH\VARE I.ICFNSE: A(;REEMENI Page 7 of 19
14. Modification:No Waiver. The terms of this Agreement may only be
modified, expanded or added to by a written agreement executed by the
parties. No oral communication between the parties or their agents before or
after execution of this Agreement shall be binding upon either party unless the
parties expressly agree in writing to the terms of such communication. No
waiver by either party of any breach of any term or condition hereof shall be
effective or enforceable unless made in writing signed by the party, and no
waiver shall be interpreted as a continuing waiver or a waiver of any future
obligation.
15. Attorneys Fees. If any suit, action, or other proceeding shall be instituted
relating to any term or condition of this Agreement or relating to any of the
rights, duties, or obligations arising under it, each party shall incur their own
attorneys' fees, costs and expenses.
SPRINGI3ROOK SOH'WARP I.I('ENSE A(;RPEMEN'l Page 8 of I(-)
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed in duplicate by its duly authorized officer or representative.
LICENSOR LICENSEE
Name: 1411 i e `P L/ /Q. Names- 1-'6Y I G�OuL�s
11r7
Signatur . tom _ • / Signatu 04.1W
Title: ) fl /7 ri er Title: 7b"
G�n
Date: _ , 2007 Date: � / , 20 v/7
LICENSEE
Name: • K•ea -6ED.c..t-Q(5
% r
Title: C.1 6 i sea s ore ir
Date: (41 l , 206/
SPRINGBROOK SOI IW ARE LICENSE, AGREEMENT Page 9 ot 19
ATTACHMENT A: SCHEDULE OF FEES
Attachment A contains the price quote issued to Licensee showing the applications
and services being licensed and/or purchased, the fees therefore, and the current fees
for other services, and a schedule of payment terms. By signing this agreement,
Licensee is agreeing to the Schedule of Fees for the duration of the implementation.
May 10,2007
pringbrook
rricing rroposai Tor uny or uape Canaveral, FL
hppiamentatian
� __ _.. ..' ... . =4. lwr�r
Finance Suite(GL. AP. ACH. BR) $12,300 $5,200 $2,400
Extended Budgeting&Forecasting Included $1,200 $400
Financial Reporting(CAFR&GASB) Included $1,200 $400
AP Electronic Check Signature $400
Purchase Orders $4,000 $1,200 $400
Requisitions Included $1,200 $400
Payroll $7,800 $5,200 $2,000
PR Electonic Check Signature $400
Human Resources $6,000 $4,800 $2,000
Fixed Assets $6,000 $1,200 $400
Central Cash Management/Point Of Sale $6,000 $1,600 $600
Licenses and Miscellaneous Permits $6,000 $1,200 $800
Report and Process Scheduler Included $400 $400
Reporting Tools Training $4,000 On-Site Training
Document Attachment& Cataloging Included
Integrated Report Archival Included si
Progress Data Base and Client* $3,300
Conversion See Estimate
Florida Discount -57.335
. . .,
MAO
*Total Concurrent Users =6 Prices valid for 90 days
Pricing is based on standard contract-deviation from standard contract terms may
result in modified prices.
Training Estimates are based on a train the trainer concept and do not include travel
time or expenses.
Monthly Rental and Leasing Options are available
SPRINGBROOK SOFTWARE LICENSE AGREEMENT Page 10 of 19
May9,2007
pringrooic
Conversion Estimate for City of Cape Canaveral, FL
Chart of Accounts $4,000
GL Transaction Balances' $4,000
Accounts Payable Vendor Master $4,000
Payroll Masters - Employee Data $4,000
.0146)
' Note: Conversion to include chart of accounts, the current year's
budget, current YTD balance (as of a specific (late designated by the
client). and previous year's ending balance.
An estimated cost of your data conversion has been provided in this quote. This estimate is for
up to three separate data pulls (UB, one for Finance and Payroll). We will need to review an
actual sample of your data to confirm this estimate. Certain factors may cause the cost to
exceed the amount quoted. See section below titled "Not Included in Estimate".
There are a variety of factors that can influence the cost of a conversion and a variety of items
that are not included in the standard cost estimate for your conversion. For example, your
estimate will not include the following:
• Removal of data from your existing system
• Consulting on removal of data from your existing system
• Changes or modifications requested after the first conversion and
different from the specifications we originally received.
• Changes in the format we receive the data in after the first conversion
• More than three conversions in UB or more that one conversion for Finance and
Payroll
Cea�
In addition,the following items can increase the cost of your conversion:
• Mixed formats of data (a file containing tab delimited or comma delimited format.
• Problems with data integrity
• Data manipulation not for the purpose of the conversion, but for the purpose of supplying
you with information you did not previously have access to.
• Changes in the file format after the first conversion
• Changes requested to the data after the second conversion
• No file or incorrect file layouts (may also prevent conversion
No cost of fees in excess of those set forth in the Schedule of Fees will be incurred by the
Licensee without prior acceptance of Licensee as indicated on a signed work order
SPRINGBROOK SOFTWARE: LICENSE,AGREEMENT Page I I O1 19
Training and Project Management Travel Expense Estimates
Refer to Attachment B of Contract
SPRINGI3ROOK SOFTWARE LICENSE AGREEMENT Page 12 of 19
A.2. STANDARD FEE PAYMENT SCHEDULE.
Application License Fees: 100% ($41,565) invoiced at contract signing
($48,900 less $7,335 discount)
Progress Database & Client Fees: 100% ($3,300) invoiced at contract signing
6-user Server; 6 -user Client
Progress Annual Maintenance: 100% ($825) invoiced at contract signing
(1St year)
Consulting and Training: 50% ($14,200) invoiced at contract signing
(Does not include expenses; 50% ($14,200) invoiced at completion, by module
see A.3.3 for details) (Licensee achieves live status)
Implementation Management: 50% ($5,100) invoiced at contract signing
(Does not include expenses; 50% ($5,100) invoiced at completion, by module
see A.3.3 for details) (Licensee achieves live status)
1s`year Application Maintenance: Invoiced six months after Software License
Agreement effective date. Prorated to the end of
your agency's fiscal year.
Licensee Enhancements: 50% ($) if requested, invoiced upon receipt of
signed work order
(Custom, if applicable) 50% ($) due upon completion of each work
order
Licensee Enhancement Maint: Invoiced upon completion of signed work order.
Prorated to the end of your agency's fiscal year.
Note: Maintenance (based on 25% for 1St year)
may apply on custom programming performed
&maintained by Springbrook
Data Conversion(s): 50% ($) invoiced at contract signing
50% ($) invoiced upon completion of conversion
by module
Total to be Invoiced After Contract Signing: $ 64,990
SPRINGBROOK SOFTWARE, LICENSE A(IRE:EIVIEN`1 Page 11 of 19
A.3. EXPLANATION OF FEE SCHEDULE ITEMS FOR SERVICES
A.3.1 Software Maintenance.
Maintenance and support of the Software is not provided under this Software
License Agreement, but under a separate Software Maintenance Agreement between
Licensor and Licensee. In the event of a conflict between this "Explanation" of
software maintenance and the Software Maintenance Agreement, the Software
Maintenance Agreement shall prevail. First year maintenance is based on 20% of
the then current retail value of the application software and 25% of the then current
retail value of the database manager and optional report builder. Maintenance on
the Springbrook applications is provided by Springbrook Software and includes
telephone and Internet support, as well as enhancements to the version purchased.
Maintenance on the database manager is provided by Springbrook software and
includes telephone and Internet support, as well as updates to the database as
provided by Progress. Maintenance on the Progress Report Builder includes
updates as provided by Progress, as well as telephone and Internet support from
Springbrook for standard reports written by Springbrook and included as part of
the standard releases.
A.3.2 Implementation and Project Management.
Implementation and Project Management Services. Implementation
Management Services are vital to a successful implementation, and are considered
consulting rather than training. An IM Specialist is assigned to manage your
implementation, managing your workload, checklists, task lists and keeping you
apprised of the status of your project. This involves on-going telephone and
conference calls as well as written documentation.
Business Process Study (BPS). Every Agency is unique in the way it
conducts business. For example, in Utility Billing, rates are different, the frequency
in which routes are billed is different, and the way past dues are issued and how late
fees are calculated is different. In addition, other factors need to be considered, such
as what, if any, interfaces need to be written to connect Springbrook to vendors'
applications and what type, size, and complexity will the forms be that you present
to your clients, including billing statements, past due statements, door hanger, etc.
These types of conditions are also true for the financial and payroll Applications.
We consult with your staff on the best way to build your chart of accounts to fit
your organization's reporting requirements. We assist you in defining all of the set
ups required for payroll and accounts payable. In summary, we help you maximize
the benefits while minimizing any misunderstandings about the functionality or
implementation of your new software. This service (cost, excluding travel expenses)
SPRINGBROOK SOFTWARE LICENSE AGREEMEN'E Page 14 of 19
is included in implementation management services. A business process study will
be conducted after contract signing. The results of that study may show that one or
more custom modifications or statements is required or requested by Licensee. Any
such requests or recommendations will be presented to Licensee for prior written
approval. Based on your BPS we will provide a written document outlining our
findings for your review and approval. Any associated costs uncovered during this
BPS session will be bid and presented for your prior approval.
A.3.3 Consulting and Training Services.
The amounts listed in this quote include a budget for travel time or expenses.
All out of pocket travel related expenses will be billed at actual on all applicable
items, including car rental, hotel expense, airfare, mileage, taxis,parking, toll fares,
and meals). We will use reasonable efforts to limit travel and living expenses by
using coach air fare, booked in advance when available, staying at hotels identified in
advance by Licensee as offering Licensee's contractors a discounted rate, and sharing
rental cars. Variables that could cause the need for additional training include,
without limitation: employees at your organization that are unfamiliar with their job
responsibilities;users who are unfamiliar with Windows; multiple users who need to
be trained at separate times and/or locations; or turnover in application software
personnel during the implementation period. Training fees will be payable by
Licensee whether or not application software personnel are made available for
training, and failure to complete required training could result in increased
Maintenance Fees. Licensee shall provide users of the Software with Springbrook
certified Software training; a System Malfunction, failure or error caused by an
untrained user shall not be the responsibility of the Licensor.
A.3.4 Modifications.
Modification requests are responded to on a bid basis, based on
Springbrook's current Service Fee schedule. All Modifications and custom
programming will be made pursuant to Work Orders approved in advance by you.
These include any and all fees for modifications requested and outlined in the BPS
findings, as well as future Modifications requested during and after the project is
completed. In order to keep the implementation schedule on track, no
modifications other than those outlined during the BPS process will be made to the
Software until the base system is installed (and all License Fees have been paid),
unless those modifications are essential to your ability to go live on the
application(s). No fees for Software modifications shall be billed to you until
Springbrook has received a signed bid for such modifications.
SPRINGBROOK SOF'F`WARE I I('F:NSIi AGREFMEN 1 Page 15 of 1C)
A.3.5 V6.nn System and Communication Requirements.
Operating Environment. Windows 2000 Server with Service Pack 4 or later,
Windows 2003 Server, Linux, or IBM AIX. If using the MS SQL database platform,
Microsoft SQL Server 2000, Standard or Enterprise versions will also be required.
Telephone/Modem Support. - Licensor shall provide and maintain a
telephone line for speaking with the Springbrook Software support staff. Licensor
shall provide the ability and security permissions to access the Springbrook Software
Internet web site for a minimum of one computer with Springbrook Software
installed. Licensor must also provide and maintain remote access for Springbrook
Software to the computer or computers which serve the Springbrook Software
database and disseminate the Springbrook Software application. This remote access
must be made available through either an Internet connection of 128 kilobytes per
second or greater, or a modem and a telephone line for the modem's use. This
remote access also requires that the licensor offer Springbrook employees access
through one of the products listed by Springbrook Software. These currently
include: Symantec PCAnywhere, Citrix GoToMyPC, Microsoft Terminal
Services, and Citrix Metaframe. VPN connections are currently supported using the
Microsoft client included in Windows 2000 and Windows XP, as well as the Cisco
System VPN Client.
SPRINGBROOK SOFI`WARt. I.ICE=,NSE AURI I MN;NT Page 16 of 19
A.4. ADDITIONAL SERVICE FEES
After hours support $ 150/hr
Maintenance contract covers support from 8AM to 8 PM Eastern Time Monday
through Thursdays and 8 AM to 7 PM Fridays
On Site Installation $ 150/hr
Network & Operating System Consulting $ 150/hr
(Answering questions and assisting users and/or their consultants with all aspects of
hardware, networks, and operating systems - includes installation, set-up, and
troubleshooting.)
Training (Note: Report Writing is billed at$150/hr) $ 150/hr
(The training necessary for the average user has been included with the project total
above -additional one-on-one training, if requested, shall be billed at$150/hr.
Training is held in the Portland, Oregon Training Center, or on site.)
Travel Time (billed one way) $ 100/hr
(For on site services)
Travel Expenses Billed as Incurred
An estimate of travel expenses for initial training and implementation management
has been provided within Section A of this document.
Telephone training $ 100/hr
Weekend/After Hours Training
On-site rate $ 200/hr
Telephone rate $ 200/hr
Support Not Under Maintenance $ 250/hr
Examples include but are not limited to: Providing Support on PC-based
applications, Non-contracted bank-of-hour support of 3rd Party products that City
staff integrates with our data GIS, Imaging etc. (Minimum charge per 30 minute
call.)
NOTE: Senior Managers/Programmers/CPA's $ 200/hr
These are current rates for services and are subject to change within twelve months
of executed date of this contract.
SPRINGBROOK SOFTWARE LICENSE AGREEMENT Page 17 ot 19
ATTACHMENT B: Estimated Travel Expense
•
--
� - p r n g r o 0
Estimated Travel Costs For: Cape Canaveral, FL
Date: April 17,2007
Business Process Study: Phone
(0 Trip, 0 Person, 0 Days)
Airfare $
Lodging $
Car Rental $
Gas $
Per Diem Expenses $
Airport Transportation $
Travel Time $
Estimated Travel Expenses $
Training(Initial, Follow-up, Go-Live)
#of Trips: 3 #of Days Per Trip: 5
Airfare $ 1,500
Lodging $ 1,800
Car Rental $ 555
Gas $ 90
Per Diem Expenses $ 792
Airport Transportation $ 240
Travel Time $ 1,125
Estimated Travel Expenses $ 6,102
Total Estimated Travel $ 6,102
SPRINGBROOK SOFTWARE LICENSE AGRE;EIVEE:N"1 Page 18 of 19
"An after live assessment is sometimes deemed necessary. This is usually a one day
trip.
SPRINGBROOK SOFTWARE LICENSE AGREEMENT Page 19 of 19