HomeMy WebLinkAboutBI-Tech Software,Inc.
Augusta Richmond GA
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FILE NUMBER: \'2:> 6SY
NUMBER OF PAGES: \S
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ORIGINAL
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BI- TECH Software "Inc.
890 Fortress Avenue
Chico, California 95973
(hereinafter referred to as uBI_TECHU)
hereby grants to:
Augusta, Georgia
530 Greene Street-Room 101 A
Augusta, GA 30911
(hereinafter referred to as ulicenseeU)
a nonexclusive, nontransferable, limited license for proprietary software listed in Schedule A and
known as Integrated Fund Accounting System (IFAS). The IFAS software and related
documentation listed in Schedule A are referred to herein as "Software".
The Licensee is hereby granted the right to use Software according to the terms and conditions of
this Agreement. No title to or ownership of the Software or any of its parts is hereby transferred to
the Licensee and the Licensee's right to use the Software shall at all times be subject to the
restrictions set forth in this Agreement.
Both Licensee and BI-TECH agree that this Agreement constitutes the entire contract by and
between them. Any oral agreements or written documents between the parties which are
inconsistent with the terms of this Agreement or are in addition to the terms of this agreement are
superseded by this document and are of no further validity or force or effect. Amendments to this
Agreement may only be made in writing and by.a document specifically indicating that it is
intended to be an amendment to this Agreement.
SOFTWARE LICENSE AND CHARGES
B I-TECH shall I icense to the Licensee the Software listed, 'i'IfWi at the charges specified, on the
Program and Price Schedule attached as Schedule A in the form in which the Software presently
exists, or as updated or revised per Schedule B, as more fully described in its corresponding
documentation. All server based application software will be provided in both source and
executable code. BI-TECH also will provide one (1) CD-ROM-based copy of all user and
technical documentation relating to the Software, which may be printed and reproduced by the
Licensee for internal use, distribution and training purp?ses only.
In addition to the license fees and other related charges noted in Schedule A and Schedule B, the
Licensee shall be responsible for the payment to BI-TECH of any federal, state, local, municipal
and/or provincial sales and use taxes or excise taxes that are or may be imposed on the
transactions provided for in this license agreement.
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1 USE OF THE SOFTWARE
2
3 The Licensee's right to use the Software licensed under this Agreement is restricted solely to its
4 own internal use on Licensee's computer systems including any upgraded models or
5 replacements. Software use is limited by the number of concurrent users set forth in Schedule A.
6 Bf-TECH may perform annual system audits to verify concurrent usage and apply increases in fees
7 as set forth in Schedule C.
8
9 The Software licensed under this Agreement is for use by the Licensee on the Licensee's
10 computers, or any upgraded models or replacements, provided that any Software delivered by BI-
II TECH in machine readable form may be copied in whole or in part, in printed or machine
12 readable form, solely for the Licensee's internal use for back-up and archival purposes. Licensee
13 warrants that source code will not be removed from Licensee's office, or off-site storage facility.
14 Accompanying documentation and user guides may be reproduced for internal use, distribution
15 and training purposes only.
16
17 The License granted shall include the offices of elected officials of Richmond County and Boards
18 and Authorities appointed by Augusta Richmond County Commission or subject to its jurisdiction.
19 No other party is authorized to use the Software and Licensee is not authorized to provide
20 services using the Software to any entity not defined herein.
21
22
23 MANNER OF PAYMENT
24
25 In consideration of the granting of this software license, the Licensee shall pay the charges
26 provided for herein in the following manner:
27
28 1. The basic license fees set forth in Schedule A, plus any applicable sales or other taxes,
29 shall be paid to BI-TECH in accordance with the payment terms set forth in Schedule A.
30
31 2. Third party Software products listed in Schedule A, plus any applicable sales or other
32 taxes, and/or freight and insurance charges, shall be paid in accordance with the payment
33 terms set forth in Schedule A.
34
35 3. Services, travel reimbursements and all other items listed in Schedule A, plus any
36 applicable sales or other taxes, shall be paid in accordance with the payment terms set
37 forth in Schedule A.
38
39 4. Should the Licensee agree to maintenance, the maintenance fees set forth in Schedule B,
40 plus any applicable sales or other taxes, shall be paid to BI-TECH in accordance with the
41 payment terms set forth in Schedule B.
42
43 The Software, plus any BI-TECH created modifications, shall remain the property of Bf-TECH.
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1 STANDARD TERMS AND CONDITIONS
2
3 1. TIME AND PLACE OF DELIVERY
4
5 Bf-TECH shall deliver the Software, and the Licensee shall accept such delivery, at the Licensee's
6 address set forth above on mutually agreed upon delivery dates. BI-TECH will provide installation
7 of the Software and training of the Licensee's personnel. Such installation and training is provided
8 in Schedule A.
9
10 If the Licensee desires additional Accountant, Trainer and/or Programmer days beyond those
11 included in this Agreement, the charge will be based on BI-TECH's rates then in effect. However,
12 the Licensee may exchange unused Accountant and/or Programmer days for additional Trainer
13 days.
14
15 As travel is required away from BI-TECH office the Licensee will be charged for air fares, meals,
16 ground transportation, lodging and other reasonable living expenses incurred by BI-TECH
17 personnel as outlined in Schedule A.
18
19
20 2. PROPRIETARY INFORMATION
21
22 Licensee, its agents, employees, independent contractors (including site managers), administrators
23 and assigns shall be prohibited from duplicating, except for internal (on-site and off-site) backup
24 and disaster recovery use and to the extent necessary to effect modifications of the Software, and
25 they shall not allow any other person or entity to be permitted to duplicate, in any fashion
26 whatsoever, any or all of the property which is the subject of this Agreement.
27
28 The Software, including modifications made by BI-TECH, constitutes valuable property and a
29 trade secret of BI-TECH. In this connection, marketing rights to the system and all modifications
30 made by BI-TECH remain BI-TECH's property, whether or not any portion is or may be validly
31 copywritten. Licensee, therefore, acknowledges its obligation not to reveal, and to instruct its
32 employees not to reveal, any information regarding the Software to persons other than to
33 Licensee's employees, computer consultants, public accountants, and attorneys. Licensee further
34 agrees to take such reasonable steps to ensure that these proprietary obligations will be fulfilled.
35
36 BI-TECH will not use or reveal to other persons, and will instruct its employees not to use or
37 reveal to other persons, any information concerning Licensee, its properties, partners, business, or
38 other affairs, which BI-TECH may learn during the course of its performance under this
39 Agreement, other than such use as is necessary in connection with such performance.
40
41
42 3. WARRANTY AND LIMITATION OF LIABILITY
43
44 BI-TECH warrants that the Software will be free from any known errors and will operate as
45 described in its accompanying reference manuals and documentation. The Warranty Period shall
46 be perpetual as long as the Licensee has a current maintenance and support agreement (see
47 Schedule B). BI-TECH will, at its expense, correct any errors in the Software attributable solely to
48 Bf-TECH. BI-TECH shall be relieved of any and all obligations with respect to this warranty for
49 those parts of the Software that are revised, changed, modified, or maintained by anyone other
50 than BI-TECH. The Licensee may modify the licensed Software, but BI-TECH shall not be
51 responsible for compatibility of such modified Software with equipment, other programs, future
52 program releases or test and verification routines.
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1 This warranty and BI-TECH's obligations and liabilities under it are in lieu of, and the Licensee
2 hereby waives, all other guarantees and warranties expressed or implied, arising by law or other-
3 wise, including without limitation any implied warranty of fitness for a particular purpose or
4 merchantability.
5
6 Notwithstanding the warranty made above, BI-TECH shall not be liable to the Licensee for any
7 loss of or injury to earnings, profits, or goodwill suffered by the Licensee, caused directly or
8 indirectly by the Software pursuant to this Agreement, or any interruption or loss of use thereof, or
9 for any incidental or consequential damages even if BI-TECH has been advised of the possibility
10 of such damages.
11
12
13 4. EXTENDED MAINTENANCE
14
15 The Licensee will have the option of purchasing BI-TECH's maintenance coverage for a period of
16 one year and renewable annually unless terminated by the Licensee, pursuant to the terms set
17 forth in Schedule B. The charges for the Licensee's maintenance coverage shall be those set forth
18 in Schedule B as from time to time are in effect, and all charges are subject to change by BI-
19 TECH, provided that such charges cannot be increased during the term of such extended
20 coverage. The Licensee may, in their sole discretion, terminate such extended maintenance
21 coverage at any time at the end of any term.
22
23 Should the Licensee not exercise the option to extend maintenance beyond the warranty period
24 under this Agreement, the Licensee retains the right to purchase at cost from BI-TECH any future
25 releases and/or enhancements to the Software, including modifications to the Software to
26 maintain its compatibility with new releases of the operating system.
27
28
29 5. ACCEPTANCE
30
31 BI- TECH shall give written notice to Licensee certifying that installation of the Software at the
32 Initial Installation Site(s) is completed. Licensee shall be deemed to have accepted the Software
33 thirty (30) days after receiving BI-TECH's notice, unless, during that period, the Software fails to
34 perform in accordance with the Documentation in some material respect that precludes
35 acceptance of the Software by the Licensee, and, by the end of that 30 day period, Licensee gives
36 written notice of non-acceptance to BI-TECH describing the material failure in reasonable detail
37 and explaining why th~ failure precludes acceptance of the Software by Licensee. If Licensee
38 gives a proper notice of non-acceptance to BI-TECH, then:
39
40 a. BI-TECH shall investigate the reported failure. Licensee shall provide to BI-TECH
41 reasonably detailed documentation and explanation, together with underlying data, to
42 substantiate the failure and to assist BI-TECH in its efforts to diagnose and correct the
43 failure.
44
45 b. If BI-TECH determines, reasonably and in good faith, that there was no material failure to
46 perform or that the failure to perform was not attributable to a defect in the Software, or a
47 defect in any of the third party software, or an act or omission of BI-TECH, then Bf-TECH
48 shall give written notice to Licensee explaining that determination in reasonable detail,
49 including a demonstration if necessary, and Licensee shall be deemed to have accepted
50 the Software as of the date of BI-TECH's notice unless notice of a dispute is provided to BI-
51 TECH in writi ng.
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1 c. If BI-TECH determines that there was a material failure to perform that was attributable to
2 a defect in the Software or an act or omission of BI-TECH, and if BI-TECH cannot correct
3 the failure within thirty (3d) days (or such longer peri,od as may be reasonable under the
4 circumstances) after receipt of Licensee's notice of non-acceptance, then Licensee shall
5 promptly return to BI-TECH unaccepted Software and Documentation and any other items
6 delivered to licensee by BI-TECH related to unaccepted Software, and BI-TECH shall then
7 refund Licensee the initial license fee, professional services, and travel costs paid by
8 Licensee related to unaccepted Software. If, within such period, BI-TECH does correct the
9 failure, then BI-TECH will give written notice to Licensee certifying that the failure has
10 been corrected, and another thirty (30) day acceptance period shall begin upon initial
11 software installation.
12
13
14 6. OTHER DOCUMENTS
15
16 The following documents and the agreements of BI-TECH and the Licensee and representations
17 and warranties of BI-TECH contained therein are hereby incorporated into this Agreement by
18 reference and/or attachment.
19
20 a. IFAS/Software User Guides as listed in Schedule A of this Agreement.
21
22 b. Software and module Product Descriptions for the items listed in Schedule A of this
23 Agreement.
24
25
26 7. GOVERNING lAW
27
28 This Agreement has been executed by, delivered to and accepted by the Parties in the State of
29 Georgia, and the provisions hereof shall be governed by the laws of the State of Georgia. Any
30 disputes arising out of or related to this Agreement shall be resolved in accordance with said laws.
31 The parties agree that any action or legal proceeding arising out of or related to this Agreement
32 shall be brought in the Superior Court of Richmond County, Georgia.
33
34
35 8. LIQUIDATION OF BI-TECH
36
37 In the event that BI-TECH (or a surviving company in the event of merger or sale of BI-TECH) is
38 liquidated, dissolved, or ceases to carryon business on a regular basis, the Licensee will have a
39 perpetual, irrevocable, nonexclusive, license, and right to use the Software (inclusive of source
40 code and all other documentation) subject to Licensee's agreement that it will not, at any time,
41 market the Software.
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9. NOTICES
All formal communications relating to this Agreement shall be in writing and directed to the
person listed below and shall be deemed to have been received on the earlier of the date of actual
receipt, the third business day after being mailed by first class certified air mail, or the first
business day after being sent by a reputable overnight delivery service. Proper notification
contacts addresses are I isted below:
Bruce Langston
Vice President Finance
BI-TECH Software Inc.
890 Fortress Street
Chico, CA 95973
Phone Number: (916) 891-5281
Email Address:bruce@bi-tech.com
CI ifford Rushton
Director of Information Technology
Augusta, Georgia
530 Green Street, A 101
Augusta, GA 30911
Phone Number: (706) 821-2527
Email: c1ifford@CO.RICHMOND.GA.US
10. GENERAL PROVISIONS
a. Neither party shall be liable or deemed in default for any delay or failure in performance
of this agreement resulting directly or indirectly from any cause beyond the control of the
party.
b. BI-TECH agrees to indemnify and hold Licensee harmless from all demands, claims,
liability or damages to third parties and all expenses incurred by Licensee due to any such
claims and demands including reasonable attorney's fees, whether or not legal action is
filed, based on any alleged infringement or unauthorized use of any third party patent,
trade secret, copyright or other proprietary right as a result of the use of the Software
under the terms and conditions of this Agreement; provided BI-TECH is promptly notified
in writing of any such claim against Licensee and further provided that Licensee permits
Bf-TECH to defend each such claim or to procure licenses without additional charge to
Licensee, to use the Software. In the event that Licensee's use of the Software is likely to
be, enjoined as a result of such a claim of infringement or unauthorized use, BI-TECH
shall, at its option (i) modify the Software to render it non-infringing without adversely
affecting its functionality; (ii) provide for Licensee the rights provided hereafter in respect
of the Software; or (iii) refund to Licensee Software amount paid by Licensee.
c. This Agreement does not include any interfaces or modifications. It does include writing
two report definition files: one for the Balance Sheet and one for the Income Statement.
This Agreement also includes the creation of special formats but is limited to the
following: one Accounts Payable check, one Payroll check, one Receipt form, one
Invoice or Statement form, and one Purchase Order form.
d. Informix products purchased as a result of this Agreement are intended for use with BI-
TECH developed software. The use of such Informix products is limited thereto.
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11. SPECIAL PROVISIONS
a. Modifications or interfaces which may be identified during the implementation process
shall be handled in the following manner:
Licensee will provide a written specification to BI-TECH. BI-TECH will evaluate the
specified need and offer a bid to complete the interface or modification. BI-TECH's bid
will include the number of programming days required and the fee (which fee shall be
programming days multiplied by $900 per day). The Licensee may then accept or reject
the bid. Upon acceptance of the bid, BI-TECH will schedule the task and offer a
completion date for the modification or interface. BI-TECH agrees to hold programming
rates at $900 per day for twenty-four months from the date of this Agreement.
b. BI-TECH will make every effort to provide training continuity by using the same trainer for
related trainings in each functional area.
Dated:
I()/ ~ 9/91
I I
HI-TECH Software Inc.
BY ~~X . A::1zr--.
~y Sitto
xecutive Vice President
Date /~ //)/91
I I
BY:
~
Title:
This docUIIl.nt 'PProv.d a.
j2F'i/J). '7f
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I. LICENSE FEES
Augusta, Georgia Schedule A
10/29/97
25 Concurrent User Informix and IFAS license
BASIC IFAS (Inte~rated Fund Accountin~ System) Modules:
General Ledger 24,000 24,000 8 Included
NUCLEUS (train and Install) 4,000 4,000 5 Included
Accounts Payable/Encumbrance 7,200 7,200 6 Included
Accounts Receivable/Cash Rec. 7,200 7,200 7 Included
Check Management 4,000 4,000 0 Included
Person/Entity Database 4,000 4,000 1 Included
AD HOC Rprtg/Budget Models 4,000 4,000 4 Included
Subtotal Basic IFAS 54,400 54,400 31 Included
ADDITIONAL Modules:
Job/Proiect Ledger 13,000 10% 11,700 2 Included
Budget Item Detail 6,400 10% 5,760 2 Included
Purchasing 10,360 10% 9,324 6 Included
Payroll 17,400 10% 15,660 12 Included
Human Resources 17,400 10% 15,660 16 Included
Position Budgeting 4,920 10% 4,428 2 Included
Stores Inventory (Warehouse) 13,000 10% 11,700 4 Included
Fixed Assets 6,520 10% 5,868 2 Included
Bid Management 6,520 10% 5,868 2 Included
Grant Management 6,520 10% 5,868 7 Included
Work Order Management 13,000 10% 11,700 4 Included
Business & Animal License 10,000 10% 9,000 3 Included
Contract Management 6,520 10% 5,868 2 Included
ifas.net (requires Internet) 6,520 10% 5,868 1 Included
Insight (GUI-requires Win95) 10,000 10% 9,000 0 Included
Image Enabler (requires Win95) 8,000 10% 7,200 5 Included
TRIAD (for separate system development) 13,760 10% 12,384 5 Included
Click, Drag, & Drill (Report Writer-Win95) 10,000 10% 9,000 8 Included
Sub-Total ADD'L Modules 179,840 161,856 83 Included
TOTAL IFAS Modules 234,240 216,256 114
THIRD PARTY PRODUCTS:
INFORMIX and Utility Software: 55,048 NA 38,362 9,334
AcuPrint (Electronic Forms) 3,190 NA 3,190 350
TOTAL THIRD PARTY PRODUCTS 58,238 41,552 9,684
SERVICES
Sum of Training, Consulting, Etc. (Schedule D) 93,700 NA 93,700 114 NA
Implem Mgmt. and Add'l Consulting 27,000 NA 27,000 25 NA
Data Rollover and Conversion 21,600 NA 21,600 24 NA
TOT AL Services 142,300 142,300 163
IGrand Totals
431,5881
400,108 I
9,6841
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I. LICENSE FEES
Augusta, Georgia Schedule A
10/29/97
INFORMIX PRODUCTS:
Online Verson 7+ (0 enLine) 30,000 33%
Online Verson 7+ (Assurance) 7,500 33%
ESQUC, Dv/ (RT is included) 375 33%
C-ISAM, RT 375 33%
14GL, Dvl 2,700 33%
14GL, RT 3,000 33%
Totallnformix 43,950
MICROFOCUS PRODUCTS
MF Cobol Develo er Suite 2,850 NA
MF Cobol, RT (bundle of 10) 1,200 NA
Total MF Products 4,050
UTILITY SOFTWARE
o enlink--ODBC Driver--Concurrent Use 6,250 33%
WRQ-Reflection: (R2& TCP) 798 15%
Total Utilit Software 7,048
mqIlID1\b1ig~l~j'j~~~~aWl\li%lhttt~Bl.'VII..1R.~S111lJ.~
20,100 20 6,200
5,025 5 1,200
251 1 99
251 5 60
1,809 3 420
2,010 10 480
29,446 8,459
2,850 6 Included
1,200 20 Included
4,050 26 0
4,188 25 875
678 2 NA
4,866 875
.ailaQ~Rg
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II. PAYMENT SCHEDULE
1. Upon execution of the Software License Agreement,.....ztftti the delivery of the user guide
documentation, the delivery of the IFAS Software tape media, and the delivery of the third
party software tape media.
30% of all applicable IFAS License Fees
100% Third Party Products
$ 64,877.00
41,552.00
2. Upon the conclusion of the initial Software installation visit.
20% of all applicable IFAS License Fees
100% Third Party Maintenance
$ 54,064.00
9,684.00
3. Upon BI-TECH's verification that the individual modules operate in the Licensee's
environment as defined in their accompanying documentation and user guides; or, within
120 days of the initial installation visit, whichever is sooner.
30% of all applicable IFAS License Fees
$ 64,877.00
4. Sixty days after live use of Software or February 1, 1999, whichever is sooner. This
payment shall be contingent upon BI-TECH having fulfilled the obligations associated to
payment milestones 1,2, and 3 above.
20% of all applicable IFAS License Fees
$32,438.00
5. Services included in this Agreement shall be invoiced monthly as services are rendered.
Total of Services included:
$142,300.00
6. BI-TECH shall deliver services according to the implementation schedule which shall be
created by the mutual efforts of both Licensee and BI-TECH.
7. The Licensee will be charged for airfares (coach or economy), meals, all ground
transportation, lodging (single occupancy accommodations) and other reasonable living
expenses incurred by BI-TECH personnel during the implementation, accounting, training,
and rolloverlconversion assistance. These costs will be invoiced as they occur. Licensee
at its option may arrange for airline tickets and lodging. Such arrangements will be
acceptable to BI-TECH so long as airline travel does not include overly burdensome
routing or stay-overs; and so long as lodging is clean and free from other such undesirable
circumstances.
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8. Any licensed Software module listed in Schedule A of this Agreement which may be
returned after the Final Acceptance period provided herein, shall be due and payable in
full. Licensee agrees that BI-TECH may assess a one (1) percent per month interest charge
on any BI-TECH invoice which is 30 days past due.
III. LICENSE FEES
Upon paying the applicable Basic License Fee(s) set forth above for the licensed Software
programs, Licensee shall have the right to use Software within the scope of its own jurisdiction up
to the number of concurrent users named in Schedule A. If additions to the concurrent user count
are needed hereafter, BI-TECH will license additional concurrent users at the then current per
concurrent user rates. The Basic Software License Fee includes a warranty (Section 3., Standard
Terms and Conditions) and the option to purchase maintenance (Section 4., Standard Terms and
Conditions) for any licensed Software programs by executing an appropriate instrument (see
attached Schedule B) and paying in advance the applicable fees as from time to time are in effect.
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SCHEDULE B: SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT
for
Augusta, Georgia
SOFTWARE MAINTENANCE
I. MAINTENANCE
BI-TECH agrees to provide the Licensee with a one year warranty for the software described in
this Agreement commencing upon the initial installation of the Software. This one year warranty
is provided at no charge, thereafter the Licensee shall have the option of purchasing BI-TECH's
maintenance from year to year renewable annually unless terminated by the Licensee, pursuant to
the terms set forth herein.
As long as the Licensee is paying for maintenance with respect to the Software under the terms set
forth in Schedule A hereof, BI-TECH shall provide to the Licensee updates to the server based
Software via Hassle Free Support™. Hassle Free Support (HFS) is the software update method
employed by BI-TECH for server based software. HFS means that BI-TECH will log-on to
Licensee's designated computer server system, with authorization from Licensee, and load the
software update for the Licensee. HFS is strictly modem/Internet related, therefore, the exchange
of magnetic media will not be available. Updates to PC client based products are not updated by
HFS. Disk media will be sent to Licensee with the update and loading instructions for all PC
client software.
· All User Documentation updates created by BI-TECH which relate to the Software.
Such updates shall be delivered on CD-ROM media.
· All program updates and additions for use with the Software which are developed by
BI-TECH, provided, however, that no such program update or addition shall
materially impair the functionality or performance characteristics of the Software.
Documentation updates which relate to particular program updates and additions
will be included in electronic media via Hassle Free Support.
· Phone-in consultation service in which the Licensee may request and receive verbal
information regarding the use of the Software. Normal response to client initiated
requests for information will be within four hours. Licensee agrees to attempt to
locate information in provided user documentation prior to use of Phone-in
consultation service.
· As BI-TECH provides updates to its Software, or remote support may be required via
telecommunications, the Licensee agrees to install and maintain, for the duration of
this Agreement, a 14,400 (minimum) bps modem.
· All program changes deemed necessary by the Licensee to make the software
(including any program updates and additions) perform as described in the user
guides, provided, however, that no user guide update shall be effective to delete or
reduce a functional specification without the Licensee's consent.
· Maintenance services shall be provided with sufficient promptness to avoid un-
reasonable down-time. This agreement specifically does not include any assistance
by BI-TECH with respect to modifications of the Software which are desired by the
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Licensee except as set forth in Schedule A. Any modifications not made by BI-TECH
and the results caused thereby to the Software shall be the sole responsibility of the
Licensee.
. For the term of this Agreement, BI-TECH shall provide Licensee, on a timely basis,
with updates necessary for the System to continue to accomplish its principal
computing functions and with updates reflecting improvements made to the Soft-
ware by Bf-TECH. If Licensee notifies BI-TECH that it suspects an error in the
program logic or documentation of the Software and demands on-site assistance, BI-
TECH shall, as part of such support/ use its best efforts to confi rm the existence of
the error and correct it. If BI-TECH ultimately determines that no such error exists,
Licensee shall pay BI-TECH for its travel, meals, lodging, and services performed at
the Licensee's site at BI-TECH's then current hourly rates.
BI-TECH shall provide Licensee with such modifications to the Software as Licensee may
reasonably require to maintain the compatibility of the Software with new releases of the
operating system under which the Software is to be functional.
The Licensee will have the option, at the end of the first year's maintenance under this Agreement
to extend such maintenance on a year to year basis. The charges for the Licensee's maintenance
coverage shall be based on a rate of 14% of the undiscounted price of the Software
($234,240.00)/ as set forth in Schedule A. All maintenance charges are subject to annual
increases by BI-TECH, provided that such increases cannot be assessed during the term of such
extended coverage. Increases in Software Maintenance coverage are based on:
The previous year's maintenance cost increased by a factor of two (2) percent over the last
annual adjusted Consumer Price Index (CPI) for Urban Wages Earners (all items) - Western
Region.
If Licensee desires to drop maintenance on selected modules, maintenance fees will be pro-rated
and reduced by calculating the new lower maintenance fee as follows: Schedule A shall be used
to establish what the undiscounted license fee would have been if the module had not been
licensed. Fourteen Percent (14%) of this undiscounted license fee plus all past annual
adjustments will be the new annual maintenance fee.
II. PAYMENT SCHEDULE
Payment of maintenance charges shall be as follows:
100% of the quoted mainten'ance charges, plus applicable taxes, due twelve (12) months
after Initial Software Installation.
Licensee accepts responsibility to remain current with maintenance on all third party
products that are required for use with IFAS. The first year's maintenance for third party
products is estimated to be $9,684.00.
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Augusta, Georgia Schedule C
10/28/97
PRICE SCHEDULE FOR ADDING CONCURRENT USERS
# Additional Users Added on
a single order
5 or less
between 6 and 1 5
between 16 and 25
between 26 and 35
between 36 and 45
46 or more
Price per added
Concurrent user
2,800
2,300
2,200
2,075
1,950
1,900
This price schedule shall be valid for up to 24 months from execution
of this Agreement. Thereafter, prices will be those in effect when added users are needed.
Annual Maintenance fees will rise as additional users are added at the rate of 14% of the
total price paid for additional users.
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(........ ,..,~~-
I~,
Augusta, Georgia Schedule D
10/28/97
. <
BASIC IFAS (Inte~rated Fund Accountjn~ System) Modules:
General Ledger 8 1,000 8,000
NUCLEUS (train and Install) 5 900 4,500
Accounts Payable/Encumbrance 6 800 4/800
Accounts Receivable/Cash Rec. 7 800 5,600
Check Management Incl. Incl. 0
Person/Entity Database 1 800 800
AD HOC RprtglBudget Models 4 800 3,200
Subtotal Basic IFAS 31
ADDITIONAL Modules:
Job/Project Ledger 2 1,000 2/000
Budget Item Detail 2 800 1,600
Purchasing 6 800 4,800
Payroll 12 800 9,600
Human Resources 16 800 12,800
Position Budgeting 2 800 1,600
Stores Inventory (Warehouse) 4 800 3,200
Fixed Assets 2 800 1,600
Bid Management 2 800 1,600
Grant Management, 7 800 5,600
Work Order Management 4 800 3,200
Business & Animal License 3 800 2,400
Contract Management 2 800 1/600
ifas.net (requires Internet) 1 800 800
Insight (GUI-requires Win95) Incl. Incl. 0
Image Enabler (requires Win95) 5 800 4,000
TRIAD (for separate system development) 5 800 4,000
Click, Drag, & Drill (Report Writer-Win9S) 8 800 6,400
Sub-Total ADD'L Modules 83
TOTAllFAS Modules 114 ~ 93,700 l
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