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Res 1103 - Agmt Sftwre Sup Eden COUNCIL BILL NO. 1364 RESOLUTION NO. 1103 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SOFTWARE SUPPORT WITH EDEN SYSTEMS. WHEREAS, the city has purchased computer software from Eden Systems, Inc,; and WHEREAS, it is necessary to execute a software support agreement for 1992 to insure that the software is adequately maintained; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign a software support agreement for 1992 with Eden Systems, Inc" a copy of which is attached hereto, and by this reference, incorporated herein, Approved as to form~~ ~ \~ q-IL City Attorney Date APPROVED, !f~.,J ~ FRED W. KYSER, OR Passed by the Council January 13, 1992 Submitted to the Mayor January 15, 1992 Approved by the Mayor January 15, 1992 Filed in the Office of the Recorder January 15, 1992 ATTEST: fYl"'~/~ . Mary T ant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO, 1364 RESOLUTION NO, 1103 -~ . EDEN SYSTEMS, INC SOFTWARE SUPPORT AGREEMENT 1992 CUSTOMER NAME City of Woodburn CUSTOMER ADDRESS 270 Montgomery Street CITY/STATE/ZIP Woodburn, Oregon 97071 Terms and Conditions The customer agrees to pay, in advance, the assessed suyport fee mentioned herein, for the period from January .lJ222 to D~.('.emher 31. 1992 and said support fee wil be subject to those conditions detailed in Appendix A incorporated herein. The amount of the software support fee is $2,232.75 which covers currently installed and accepted application software. Software products installed during the support period will be charged on a prorated basis, for that part of the support period in use, at the prorated annual rate of...li.. % of the license fees for each software product. The customer will pay all invoices for support coverage within 30 days of the invoice date. In the case of past due support fees, Eden reserves the rildlt to void this Software Support Agreement and the customer shall forfeit all fees paid to date as well as any otIler conditions or rights under this Software Support Agreement. Customers covered under this Software Support Agreement will be given first priority over customers not covered and will receive additional services at the rate of.s20.00. Customers not covered under this Software Support Agreement will be charged for services at the rate of $1 'ill 00 per hour with a minimum of U5ll.OO per call in addition to any applicable travel and out of pocket expenses. Travel and out of pocket expenses include but are not limited to alll?lane fare, lodging, car rental and/or mileage, meals and other charges incurred as a normal process of doing bUSiness. Support and Service Telephone support will be provided between the hours of 6:00AM and 5:00PM excluding weekends and holidays. Support proVIded other than normal hours or during holidays will be charged to the customer at twice Eden's normal hourly rate. Customer agrees to provide necessary modem equipment in good working order throughout the term of this agreement. . During the term of this Agreement, Eden will maintain a complete and current copy of the source code for the customer in Eden offices. THIS AGREEMENT SUPERSEDES ALL PRIOR SUPPORT AGREEMENTS WHETHER ORAL OR WRITfEN AND IS THE SOLE BASIS ON WHICH ANY SUPPORT IS TO BE PROVIDED THE CUS- TOMER UNLESS SPE I LL Y DESCRIBED IN APPENDIX B INCORPORATED HEREIN. uJ e: j---/!:t-r L By: Customer Authorize By: Eden Systems, Inc. Date: ~ . ... --_._-,.._" " Appendix A General Terms of Coverage What Is Covered: Telephone assistance in operating a specific application program supplied by Eden. Assistance in determining the nature of application program error messages displayed from an Eden-supplied program. Assistance in determining the nature and resolution of abnormal termination of Eden application programs. Discussion of the flow of information through any portion of the Eden system or application program. Shipment of diskettes and computer materials to Eden via UPS or other overnight carrier which is related to items covered under this agreement. What Is Not Covered: Any and all assistance relating to equipment (terminals, processors, printers, tape drives, etc.), operating systems, other third party software prOducts other than supplied by Eden. Any and all assistance related to rerovery from operational error, equipment failure, electrical failure and other similar actions and occurrences. Programs which have been altered by customer's staff without the prior consent of Eden, Required local and state standards which may change during the oourse of the support year. _.~._-,,~.,.._,,_..,..-- Appendix B Exceptions to This Agreement There are no exceptions or special considerations affecting this agreement. -,.,'"._._~._~-~