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HomeMy WebLinkAbout20042360.tiff DECADE i O F T W A ■ I COMP*NT, LIC Weld County Health Department License and Support Agreement Renewal Agreement Number 1065/1158 - 2004 Revision 1 .0 05/26/04 Signed contract must be returned,to Decade by Client,within 10 days of receipt. In the event signed contract is not received by Decade within 10 days of Client receipt, prices contained herein are subject to increase. 2004-2360 c1n . ACS Cg-0`7,04 ,QAooiy Contents 1. General Information 1 1.1. Definitions 1 1.2. Milestone Summary 1 1.3. Involved Parties 2 1.3.1. Weld County Health Department 2 1.3.2. Decade Software Company,LLC 2 2. Software 3 2.1. Description 3 3. License 4 4. Effective Date and Term 5 5. Prices and Taxes 6 6. Support Services 8 7. Items Not Covered by the License and Support Fee 10 8. Client Responsibilities 11 9. Early Termination by Decade 12 10. Client Responsibilities Upon Termination 13 11. Client Employment of Decade Staff 14 12. Limitation of Decade's Liability 15 13. Assignment by Decade 16 14. General 17 15. Acceptance of Agreement 18 15.1. Weld County Health Department 18 15.2. Decade Software Company,LLC 18 Appendix A Client Volume Levels and System Applications Used 19 Client Volume Levels 19 Applications Licensed for Use by this Agreement 20 Envision 20 Envision Connect 21 Field Inspection System 21 CUPASoft Interface 21 PA to CUPA Transfer Process(PACT) 21 Envision Press-Agent 22 UDF Editor 22 Envision Extender 22 Contents C-2 Decade Software Company, LLC Epitome 22 Appendix B Professional Services 23 Appendix C Total Fees 25 Appendix D Payment Schedule 26 Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 License and Support Agreement Renewal 1 Decade Software Company, LLC 1 . General Information 1 .1 . Definitions The following acronyms and words may be used in this document. Agreement The agreement set forth in this document. Anniversary Date The month and day of the effective date shall determine the anniversary date. For more information, see Section 4, Effective Date and Term later in this document. Client Weld County Health Department Decade Decade Software Company, LLC DSC Acronym for Decade Software Company,LLC. LSA Acronym for the License and Support Agreement. SLA Acronym for Site License Agreement. This is another name for the License and Support Agreement. Software The Software includes computer programs, in object form, and all related documentation and materials. SRS Acronym for Software Requirements Specification. The SRS document includes the complete software requirements for the system or a portion of the system. 1 .2. Milestone Summary Milestone Date Agreement Effective Date 07/10/04 Agreement Anniversary Date 07/10/04 Agreement Signed By Date 07/17/04 Agreement Term Begins 07/10/04 Agreement Term Ends 07/09/06 Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial initial -.J1) License and Support Agreement Renewal 2 Decade Software Company, LLC 1 .3. Involved Parties This is an agreement between the County of Weld by and through the Board of County Commissioners of the County of Weld,on behalf of the Weld County Health Department and Decade Software Company,LLC. The following involved parties will serve as contacts between the Client and Decade. 1.3.1 . Weld County Health Department Client Contact Person for Contract and Billing Issues Julie Jordan Systems Consulting Manager 915 10th Street Greeley, CO 80631 Phone: (970)356-4000,ext.4874 Fax: (970)356-4766 E-mail: jjordan(&,co.weld.co.us Client Contact Person for Operational Issues Teri Rogers Systems Consulting Principal 915 10th Street Greeley,CO 80631 Phone: (970)356-4000, ext. 4858 Fax: (970)356-4766 E-mail: trogers@co.weld.co.us 1.3.2. Decade Software Company, LLC Decade Contact Person for Contract Issues Jill Dodson Marketing Representative Decade Software Company,LLC 4201 West Shaw Avenue,#102 Fresno,CA 93722 Phone: (800)372-3632,ext. 709 Fax: (559)445-1652 E-mail: jilldodson@decadesoftware.com Weld County Health Department 'n//^un\ Revision: 1.0 Revision Date:05/26/04 Initial ti'V Initial License and Support Agreement Renewal 3 Decade Software Company, LLC 2. Software 2.1 . Description This Agreement is for the use and support of the Decade software product(s)identified in the Appendix A,Client Volume Levels and System Applications Used section. The Software includes computer programs,in object form, and all related documentation, materials, and all modifications made hereafter,in whole or in part. The Software is owned and copyrighted by Decade Software Company,LLC. Client will have no rights other than the license use rights granted in this Agreement. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial ` Initial License and Support Agreement Renewal 4 Decade Software Company, LLC 3. License By this Agreement, Client is granted a non-transferable,non-exclusive license to use the Software only on Client's computer system and for Client's purposes on a system as described below. Client agrees to not allow access to the Software to any third party without written permission from Decade. The Software as installed on Clients server with two databases, one as a production environment and one as a test environment. This server will connect network clients using LAN connections. All hardware and network connections will be provided and maintained by the Weld County Health Department. Client computer system and location(s)description: Weld County Health Department 1555 North 17ih Avenue Greeley,CO 80631 Client may copy Software only for backup and archival purposes. Client agrees to maintain appropriate records on the quantity and location of all such copies, and produce same on demand by Decade. Client agrees to include the Decade copyright notice on all copies, in whole or in part, in any form. Client agrees to receive prior written approval from Decade before copying any portion of the Software for any other purpose. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial 971 Initial 0 License and Support Agreement Renewal 5 Decade Software Company, LLC 4. Effective Date and Term This Agreement shall become effective July 10,2004 or when Decade provides the Software or services hereunder,whichever is earlier. The month and day of the effective date shall determine the anniversary date(hereinafter"Anniversary Date"). Should the License and Support Agreement not be signed by July 17 2004,Decade may terminate the support services listed in section 6 until the License and Support Agreement is signed by the Client. This Agreement shall have a term of one year. In the event the Agreement is not terminated, as specified herein,it shall be automatically renewed for successive one year terms on the same conditions in effect at the conclusion of the ending term. Either party may terminate this Agreement at the end of the initial or any successive term by giving the other party at least 30 days prior written notice. Weld County Health Department p Revision: 1.0 Revision Date: 05/26/04 initial A Initial License and Support Agreement Renewal 6 Decade Software Company, LLC 5. Prices and Taxes Appendix A,Client Volume Levels and System Applications Used contains Client volumes used to calculate the license and support fee to be paid to Decade. Client warrants that the volumes are as accurate as can be estimated, and agrees that the license and support fee can be increased at any time, and billed retroactively, if Decade determines the volumes have been underestimated. The price for the term beginning July 10, 2004 and ending July 9, 2005 is $15,300. Per year, license and support fees may increase due to any one of the following triggering events. Triggering Event Definition Client increase in record volume To determine the increase based on volume, Appendix A will be used as a benchmark for determining volume increases and adjustments in Client's use of system applications. Client will allow Decade to log onto Client's system at least once per year approximately 90 days prior to the Anniversary Date to check the volumes. Client increase in use of For price increases based on an increase in the use applications of applications, Decade will amend the Agreement to include the additional applications at the prevailing rates. An increase in the current Decade may request for per year license and Consumer Price Index(CPI-U) support fee escalation in accordance with the current consumer price index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower. For purposes of this section, "consumer price index"shall mean the Consumer Price Index-All Urban Consumers- United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics. If Decade elects to increase prices for any successive term,Decade will notify Client in writing at least 60 days prior to the end of the then current term. Appendix C,Total Fees contains Agreement term license fees,training,conversion fees, and other first year or one-time fees. These fees are due and payable when invoiced. Section 7, Items Not Covered by the License and Support Fee, lists products and services that are not included in the support and license fee. Fees for Client's use of these items are due and payable when invoiced. Decade reserves the right to withhold services for non-payment of fees. Services withheld for non-payment include telephone support, software enhancements, etc. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial Initial License and Support Agreement Renewal 7 Decade Software Company, LLC Any tax, such as sales and use taxes, exclusive of property and income taxes,that Decade is required to collect or pay based upon the sale or delivery of products or services under this Agreement shall be paid by Client to Decade, or Client shall pay directly to the taxing agency with proof of payment provided to Decade. This obligation extends retroactively if so assessed by a taxing agency. If Client is using the Software in California, and receives the Software on tangible personal property(for example floppy disks, magnetic tape, Zip disk, CD-ROM, or any other medium by which the software is temporarily stored to effect transfer to Client's computer)then the full license and support fee, as well as training and conversion fees, are subject to California sales and use tax. The definition of transfer is the leaving behind of such tangible personal property. However,if the Software is received by Client over communication lines, via the Internet, a bulletin board service or through a direct connection between Client and Decade computers, the license and support,training,and conversion fees are not subject to sales and use tax. In California, all parts and supplies are subject to sales and use tax, and hourly-based professional services, other than training and file conversion for the Software,are not. If Client is using the Software in a state other than California then Client is responsible for knowing the sales and use tax rules of that state. The County of Weld is tax exempt. Decade will assess and Client agrees to pay a late charge of 1 1/2%per month,or the highest amount allowed by law, for each month a payment is 30 days past due. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 initial 1 Initial ct-t7 License and Support Agreement Renewal 8 Decade Software Company, LLC 6. Support Services The following services are included in the license and support fees: 6.1. Telephone Decade provides telephone support via a toll free number for Support client's usability questions and/or problem resolution. Support is provided during Decade's regular business hours (8:00 A.M. to 5:00 P.M., Pacific Time, Monday through Friday,with Federal and State holidays excluded.)Issues can be reported 24-hours a day by e-mail, fax or telephone. Decade supports both the applications developed in-house and the database backend on which these applications run. 6.2. Web-based All clients have 24-hour access to our web resources. This Support includes all system documentation, Envision Upgrade Files,and weekly"Did You Know?"newsletter of system workflows tips. Web resources allow clients to search Decade's Knowledge Base of known issues and suggestions and instantly send issues to technical support staff via an online support form. 6.3. Software Decade will provide software maintenance, which includes defect Maintenance fixes, and any other required modifications to keep the Software in conformance with the specifications contained in the then current Decade reference manual.Decade will amend the specifications only to remove documentation errors,provide consistency of interpretation or describe improvements to the Software. Decade will correct any error or malfunction in the Software that prevents it from operating in conformance with the specifications,or Decade will provide a commercially reasonable alternative that will conform to the specifications. If Client's system is inoperable due to a reproducible error or malfunction,and Client is using the current release of the Software,Decade will provide continuous effort to correct the error or malfunction. 6.4. Software Decade will periodically make software upgrades and Upgrades and enhancements available to the Client. Decade will provide the Enhancements necessary instructions and software tools so Client can make the upgrades and modifications. Client will maintain its system at the current release level of the Software. 90 days after the release of a new version of the Software,Decade will not be obligated to maintain prior versions. Decade will have the sole discretion to decide if new Software is a no charge upgrade or enhancement or a billable offering. Billable offerings are optional,and Client will not be required to purchase them to maintain the current release level. Weld County Health Department n Revision: 1.0 Revision Date: 05/26/04 Initial )j' \Initial rip License and Support Agreement Renewal 9 Decade Software Company, LLC 6.5. User Group User group meetings occur on a monthly basis. These meetings Meetings allow users to share ideas,workflows,etc. Client may send representatives to any user group meeting conducted by Decade clients. 6.6. Refresher There will be no charge for refresher training conducted at Training Decade's office on mutually agreeable dates, if the material was covered and the attendee(s)was included in Client's initial training. Refresher training does not include training for new Software or Client staff that have not been trained before. These are fee based items. 6.7. List Server Decade's clients use a list server to share information. Envision workflows, environmental regulation workflows,user-customized reports, and general questions and answers are available. 6.8. Decade Decade Exchange is a web-based file exchange solution that Exchange provides a secure area where clients can share files. Clients have the freedom to upload/download useful reports,scripts, and other files at the time most convenient to them. Clients have a searchable archive of environmental regulation workflows,Envision workflows,user-customized reports, scripts, and general questions and answers that can be accessed through keyword searches. Users have the option of drilling down through categories or searching for files by using a search dialog box. 6.9. Client The Client Relationship Management(CRM) software application Relationship enables Decade to manage every aspect of our relationship with Management the client. Client information acquired from sales,marketing, client service,and support is captured and stored in a centralized database to improve client satisfaction. Weld County Health Department nn Revision: 1.0 Revision Date: 05/26/04 Initial V Initial PP License and Support Agreement Renewal 10 Decade Software Company, LLC 7. Items Not Covered by the License and Support Fee The following services will be provided on a fee basis. Appendix C, Total Fees contains prices for Agreement term license fees, services,and prices agreed upon as a condition of this Agreement. Services not specifically included in Appendix C will be estimated, or bid,at Client's request, and invoiced at Decade's then prevailing rates. 7.1. Support Initiated Outside Decade's normal working hours are 8:00 A.M. to 5:00 P.M.,Pacific Time, Monday through Friday,with Normal Working Hours Federal and State holidays excluded. If Client requires or initiates service outside these hours,Client will pay for such support at Decade's prevailing rates. 7.2. Data Correction or Unless caused by Decade's negligence. Restoration 7.3. Data Conversion 7.4. Custom Programming 7.5. Software Implementation 7.6. Initial and New Staff Training Client will reimburse Decade for out-of-pocket costs expended by Decade on Client's behalf,unless such costs are incurred as a result of Decade's negligence. These costs can include parts and supplies,media and reproduction costs, travel expense, and long distance telephone calls initiated from Decade to Client's computer. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial 9/4 � initial D License and Support Agreement Renewal 11 Decade Software Company, LLC 8. Client Responsibilities Client is responsible for the following: 8.1. Provide knowledgeable,competent operators with an understanding of Client's operations. 8.2. Schedule on-site or classroom training to properly prepare Client's staff for using the Software. 8.3. Backup files and programs daily or whenever they change, and keep the backup in a secure place. 8.4. Notify Decade as soon as problems appear. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial kk Initial License and Support Agreement Renewal 12 Decade Software Company, LLC 9. Early Termination by Decade If Client abuses this Agreement because of incompetent or untrained operators,or violates any terms or conditions of this Agreement,Decade will notify Client in writing of its intent to terminate this Agreement for cause, with the cause(s) specifically identified. Client will have 30 days to correct the cause(s), and if the corrections are not made,Decade will have the right to terminate this Agreement. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial Initial 0) License and Support Agreement Renewal 13 Decade Software Company, LLC 10. Client Responsibilities Upon Termination Client will cease using the Software immediately upon termination. Within 30 days after termination, for any reason,Client will furnish Decade an affidavit certifying that the original and all copies, in whole or in part, of the Software have been returned to Decade or destroyed by Client. Client will pay all amounts due Decade. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial 2,1\1 initial' License and Support Agreement Renewal 14 Decade Software Company, LLC 11 . Client Employment of Decade Staff Client will not directly solicit for employment a Decade specialist who has provided service to Client within one year of the specialist's termination from Decade. If such an event does occur,Client will pay Decade an amount equal to six months wages of the specialist at time of termination. Weld County Health Department r/ Revision: 1.0 Revision Date: 05/26/04 Initial VV A Initial License and Support Agreement Renewal 15 Decade Software Company, LLC 12. Limitation of Decade's Liability Decade warrants that the media used to deliver the Software to Client is free from mechanical or recording defects, and if such defects are found,Decade will immediately replace the defective media. Decade will not be liable for any damage resulting from loss of data(unless caused by Decade staff accessing Client's computers),profits,use of products, claims by third parties, or for any incidental or consequential damages. In no event will Decade's liability exceed the amount paid by Client for the product or service that caused the claim. THIS SOFTWARE IS PROVIDED SUBJECT TO THE WARRANTIES AND REMEDIES JUST EXPRESSED,AND IN THE 6.3 SOFTWARE MAINTENANCE SECTION OF THIS AGREEMENT, IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE BOTH OF WHICH ARE SPECIFICALLY EXCLUDED. Weld County Health Department n�\ Revision: 1.0 Revision Date: 05/26/04 Initial initial License and Support Agreement Renewal 16 Decade Software Company, LLC 13. Assignment by Decade Decade will have the right to arrange,through contract or otherwise,with any person or organization,to provide product or services to satisfy Decade's obligations of this Agreement. Weld County Health Department VIP 1.0 Revision Date: 05/26/04 Initial Initial License and Support Agreement Renewal 17 Decade Software Company, LLC 14. General Any clause of this Agreement found to be unenforceable shall be severed from this Agreement and the remainder of the Agreement shall remain in full force and effect. Any waiver of any clause of this Agreement shall not constitute a subsequent waiver of that clause or any other clause. Failure or delay of either party to enforce compliance with any clause shall not constitute a waiver of such clause. This Agreement shall be governed by Colorado law, and the court of competent jurisdiction shall be in Greeley,Colorado. In the event litigation is required to enforce performance of this Agreement, the prevailing party shall be reimbursed the costs of enforcement, including,but not limited to attorney fees and costs,witness fees and costs, and court costs. This Agreement replaces all other prior agreements,orally or in writing, relating to the subject matter contained herein, including any made by other parties such as distributors, consultants,dealers or resellers. This Agreement can only be modified in writing as approved by authorized signatories of both parties. This Agreement is binding upon and shall inure to the benefit of the legal successors and assigns of the parties. The person signing this Agreement on behalf of Client warrants that they have read and understand all the terms and conditions contained herein, are authorized to sign on behalf of Client, and accept personal responsibility for damages if they are not so authorized. Weld County Health Department , Revision: 1.0 Revision Date: 05/26/04 Initialinitial t I, License and Support Agreement Renewal 18 Decade Software Company, LLC 15. Acceptance of Agreement Your signature in this section signifies that you have read this agreement and agree to abide by the stipulations within this agreement. 15.1 . Weld County Health Department JUL 19 2004 Client Representative - Signature Date Accepted Rob Masden Client Representative-Printed Name Title: Chair for Weld County Commissioners Agency or Division: Board of Weld County Commissioners Phone: (970) 356-4000,ext.4874 E-mail: rmasden( co.weld.co.us 15.2. Decade Software Company, LLC. AA atimY tnaR Kevin Delaney Decade Representative-Printed Name Title: Member Department: Administration Phone: (800)233-9847,ext. 703 E-mail: kevindelaney@decadesoftware.com Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial Initial License and Support Agreement Renewal 19 Decade Software Company, LLC Appendix A Client Volume Levels and System Applications Used Client Volume Levels Client: Weld County Health Department Client Address: 915 10th Street Greeley,CO 80631 Inspectors and Program Areas Numbers Number of Employees/Inspectors tracked. 5 Number of Inspectors using Field 4 Inspection Software. Program Areas Monitored using Envision. 8 Regulated Acitivity Items Number of Records Items Number of Records Facilities 1182 Schools 72 Programs 1314 Jails 2 Complaints 2888 Board/Card 2 Homes Service 278 Body Art 8 Requests Employees 37 Food Protection 962 Child Care 149 Pools/Spas 75 Weld County Health Department t� Revision: 1.0 Revision Date: 05/26/04 Initial i\Initial t1 License and Support Agreement Renewal 20 Decade Software Company, LLC Applications Licensed for Use by this Agreement The applications checked in this section are licensed by this agreement. Envision Core System,and its Support Code tables,with primary applications consisting of: ® Owner ® Event Tracking ® Co-Owner N E-mail Integration ® Facility ® Self Audit N General Health Program N Travel Expense Logging ® General Health Permit N Violation Logging N Daily Activity Logging N Violation Enforcement Logging N Complaint N Involved People N Service Request ® Certified Professionals N Comments Program Specific Applications,and its Support Code tables,with primary applications consisting of: ® Hazardous Materials ® Site Remediation ® Hazardous Waste ® Underground Storage Tanks ® Onsite Septic ® Underground Storage Tank Owners ® Public Water System N Water Wells N Recyclable Materials Financials,and its Support Code tables,with primary applications consisting of: ® Accounts Receivable N Scheduled Invoice Items ® Invoices N Batch Payment Posting ® Invoice Line Items ® Daily Balances ® Transactions History ® Bar Code Payments Administration,and its Support Code tables with primary applications consisting of: ® Employee ® Employee Health and Accident Logging N Employee Training Received N Processing Errors Weld County Health Department C^ Revision: 1.0 Revision Date: 05/26/04 Initial 1�"1 Initial lYV License and Support Agreement Renewal 21 Decade Software Company, LLC Envision Connect Envision Connect software for the Mobile Inspector and its Support Code tables consisting of: ❑ Envision Connect software for the Mobile Inspector ❑ Envision Connect software for the Remote Office ❑ Event Scheduler(e.g. Household Hazardous Waste) Field Inspection System Field Inspection System(FIS)software and its Support Code tables consisting of: ® Client is licensed to deploy a desktop,non-replicated, version of the Field Inspection System. This does not allow the use of the system on handheld computers. ® Client is licensed to deploy a remote replicated version of the Field Inspection System. CUPASoft Interface CUPASoft Interface consisting of the following forms: ❑ Business Activities ❑ Onsite Treatment Unit ❑ Business Identification ❑ Small Quantity Treatment ❑ Chemical Description ❑ Specified Waste Streams ❑ UST Tank-Page 1 ❑ Conditionally Authorized ❑ UST Tank-Page 2 ❑ Permit by Rule ❑ UST Installation ❑ Conditionally Exempt ❑ Recycle Materials-Page 1 ❑ Certification of Financial Assurance ❑ Recycle Materials -Page 2 ❑ Remote Waste Consolidation ❑ Onsite Treatment Facility ❑ Hazard Waste Tank Closure PA to CUPA Transfer Process (PACT) [One] [Participating Agency will be submitting data through PACT] Facility details and financial data that will be transferred via PACT include the following: ❑ Owner ❑ Hazardous Waste ❑ Facility ❑ Underground Storage Tanks ❑ General Health Program ❑ Above Ground Storage Tanks ❑ Hazardous Materials ❑ Site Remediation Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 initial JO Ps �/\ Initial [/ License and Support Agreement Renewal 22 Decade Software Company, LLC Envision Press-Agent Envision Press-Agent software consisting of: ❑ Inspection Results Web Publication ❑ Establishment Search ❑ View List of Regulated Activities ❑ View List of Inspections ❑ View Violations UDF Editor User Defined Fields (UDF) tool set consisting of: ® UDF Export/Import Tool ❑ UDF Editor Envision Extender Envision Extender software tool consisting of: ❑ External Database Lookup ❑ Data Maintenance Tool Epitome Epitome software and its Support Code tables consisting of: ❑ Immunization Tracking ❑ Immunization Scheduler Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial n n. A Initial et. License and Support Agreement Renewal 23 Decade Software Company, LLC Appendix B Professional Services ® Appendix B,Professional Services not applicable to this contract. The items checked in this section are included in this agreement. Decade will provide the following professional services: n Custom Programming of Procedure/Functionality/Feature/Enhancement ❑ Data Conversion Plan A request for conversion of data requires samples of the Client database or data files for mapping purposes. ❑ Custom Report A request for a custom report requires a description of the report content and use. ❑ Training A request for training requires an overview of what the client wants covered and the number of attendees, location, etc. ❑ SQL Script ❑ Special Query It may be necessary,to assure the successful implementation of our professional services, to create additional documents that provide specific details describing the feature, enhancement,report development or other service being provided. The additional documents needed for the successful implementation of this service request are checked below. • No additional documents needed. ❑ Software Requirements Specifications(SRS) ❑ Conversion Plan ❑ Custom Report Request(CRR) In Training Agenda The Client will be presented a document checked above by Decade,which is incorporated into this Agreement by reference herein. This document is a highly detailed specification based upon the Client Requirements Document. Both parties must sign the document. The [document name] constitutes the complete,final, and exclusive expression of the parties'Professional Services, and it supersedes all proposals and other communication made between the parties'concerning the Professional Services. The [document name] cannot be modified except by written Agreement. The following description represents a high-level and mutual understanding of the custom programming projects. [Basic project description and expectation of when project is deemed complete.] Weld County Health Department n n ^ Revision: 1.0 Revision Date:05/26/04 Initial P^"` Initial to License and Support Agreement Renewal 24 Decade Software Company, LLC Decade and Client agree to communicate plans and issues using the following documents: ❑ Issues Log As issues arise during implementation,either Decade or the Client can add issues to the Issue Log. Client agrees,within 30 days of Decade's issue resolution notification,to test, validate, and convey validation to Decade. Decade considers issues resolved when validation is not received within 30 days. ❑ Decade will support and maintain software enhancements. Decade will present the Client with a Notice of Acceptance upon completion of the [software implementation]. Client will then have 30 days to return a signed copy of the Notice of Acceptance back to Decade.If Client fails to return a Notice of Acceptance within 30 days,and unless Client requests a 30 day extension prior to the end of the first 30 days,then acceptance by Client shall be deemed to have occurred. Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial Initial 4 License and Support Agreement Renewal 25 Decade Software Company, LLC Appendix C Total Fees The items checked in this section are included in this agreement. Fee Schedule Fee Item Initial Term Subsequent Term Fee Estimated Fee Z Agreement term (License for Envision and $15,300.00 $15,300.00 Field Inspection System) ❑ Professional Services $ 0.00 $ 0.00 Decade will provide professional services for Client in accordance with Appendix B, Professional Services section of this Agreement. Z Web-based Training $100 per hour $ 0.00 $ 0.00 Web-based training on the Internet as needed. ❑ Sybase SQL Anywhere $ 0.00 $ 0.00 Decade will purchase [version and license description and number]. ❑ Crystal Reports $ 0.00 $ 0.00 Decade will purchase[version and license description and number]. ® Consultation and Custom Programming $ 0.00 $ 0.00 $120 per hour as needed ❑ Shipping and Handling of Sybase, Crystal, $ 0.00 $ 0.00 [ . . . ] Software ❑ Taxes $ 0.00 $ 0.00 Total $ 15,300.00 $ 15,300.00 Weld County Health Department Revision: 1.0 Revision Date: 05/26/04 Initial P n^n A Initial a License and Support Agreement Renewal 26 Decade Software Company, LLC Appendix D Payment Schedule License and Support Fees for Curent Term License and Support Fees will be invoiced Annually by Decade. License and Support Fees for Successive One Year Terms License and Support Fees will be invoiced Annually by Decade. Professional Services Payment Amount/ Milestone Percentage 25 Percent Contract Signing 50 Percent Approval of Project Specification 25 Percent Acceptance of work Onsite Training Payment Amount/ Milestone Percentage 100 Percent At completion of each training event. Web Based Training Payment Amount/ Milestone Percentage 100 Percent At completion of each training event. Decade will invoice once a month, at the beginning of the month,for all web based training received during the prior month. Weld County Health Department Revision: 1.0 Revision Date:05/26/04 Initial Initial ro Hello