HomeMy WebLinkAboutNew Vison Software support servicesRESOLUTION 2013-434
ADOPTED
DOC ID: 8849
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-434 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 21, 2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the New Vision Software Purchase Agreement & License
between the Town of Southold and ACS Enterprise Solutions, LLC in connection with support
services for the Town's financial software application at a cost of $813.15 per month for the
period commencing on July 1, 2013 and ending on June 30, 2014, subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
xerox ACS Enterprise Solutions, LLC
130 Division Street · Waite Park, MN 56387-0548 · (320) 253-2170
NEW VISION SOFTWARE PURCHASE AGREEMENT & LICENSE (the "AGreement"}
Effective Date: 05/t 5/2013
CLIENT:
Town of Southold
John Cushman
PO BOX 1179
Southold, NY 11971
john.cushman@town.southold.ny.us
Ship To: Town of Southold
John Cushman
PO BOX 1179
Southold, NY 11971
Order Form
Ueeneed Software
ACS/Xerox NewV s on Software App cat on - Support
suPPOrt SewlCes Period of Performance SUPpo~ ~ : ,Payment
........... .............. ...... .. . ; ;~ ~ule&Terms
Annual Support for NewVision TERM: 7/1/2013 * 6/30/2014 $1,570.60 Billed monthly
Capital Assets
Annual Support for NewVision 'I~RM: 7/1/2013 - ~/30/2014 $4,3~.88 Billed monthly
Government Financial
Annual Support for NewVision TERM: 7/1/2013 - 6/30/2014 $3,820.52 Billed monthly
Payroll
EnhanOements & Other c~ap!~tlon 8erv!~es (OptiOn)
Net 30 after recsipt of
ACS invoice for these
Grand Total; $g.757.80 billed
monthly at $813.15
This Agreement consists of (I) the Order Form on this cover page, and (ii) the Standard Terms and Conditions set
forth below.
**PLEASE FAX BACK ALL PAGES TO 320.255.9986 OR MAIL TO ACS 130 DIVISION STREET WAITE PARK, MN 56387**
APPROVED BY C~ APPROVED BY XEROX
Signature :__~ Signature:
Name: ~'~"~¢"- ,/~../~'~,/// Name:
Title: ~ ~t/~ ~ ~ Title:
Date: ~~ Date:
Pa~e ~ of 3
TERMS AND CONDITIONS
1. These Terms and Conditions apply to all ACS Application Software purchased by the customer and properly licensed. The CSA will remain in effect until the
Licensee's CSA common expiration date and will then be automatically extended for o period of 12 months upon payment of the Suppor~ Fee at the then
current ACS CSA rote (which may incur an annual operating increase), unless: (i) either party notifies the other in writing of its intent not to extend this
Agreement at least ninety (gO) days prior to the Support Expiration Dote, or. (ti) the Agreement has otherwise expired or terminated under the terms of this
Agreement.
2. ACS will provide Support as described below during the hours of 7:00 a.m. and 7~)0 p.m., Central Time, Monday through Friday (holidays excJuded).
For LICENSEES who select Support. ACS will, upon payment of the then current Support Fee:
o) make available, at ACS' option and on ACS' schedule, error correction and enhancement releases to the object code and/or user documentation of
the product so as to bring installed apo[Icotions to a level equivalent with that of the currently marketed base version of the product;
b) provide access to and use of the ACS SUPPORT LINE service to:
1 ) clarify installation and operating instructions contained in the user documentation delivered with the product" and
2) assist in the identification of solutions to operating problems being experienced by the LICENSEE with the product. SUPPORT LINE service is
provided at no additional charge to LICENSEE.
c) provide problem determination, investigation, and program error correction for verified program errors on the then current release of the Licensed
Software, at no additional charge to LICENSEE. Program error correction on previous releases will be performed at the then current ACS hourly professional
services biLling rate.
d) provide data repairs for LICENSEE files and records on o 'best efforts' basis for data problems CAUSED BY the ACS Licensed software at no additional
charge to LICENSEE, aod
e) provide data repairs for LICENSEE files and records on a 'best efforts' basis for data problems NOT CAUSED BY the ACS Licensed Software at the then
current ACS hourly professional services billing rate. ACS includes in the category"data problems NOT CAUSED BY the ACS product' any data corruption or
integrity problems caused by, but not limited to the following:
1 ) equipment malfunction or failure
2) failure of LICENSEE to follow procedures and/or instructions contained in the documentation provided by ACS
3) failure by LICENSEE to follow procedures and/or instructions contained in documentation provided by applicable hardware vendors or failure to
follow accepted operating practices (for example, failing to routinely prepare backup data files, powering off or interrupting equipment while
programs ore executing, etc.)
4) use of programs, induding program modifications, other than those provided by ACS with the Licensed Software.
4. ACS will take due care in responding to each request for Support Services to assure that LICENSEE is making proper use of the Licensed Software. and that
the Licensed Software is operating properly. ACS will use its best efforts to correct any identified program errors, but does not guarantee results or warrant
that oil errors will be correctecL
S. ACS expressly excludes the followin~a services from the Support Services to be provided under this Agreement:
a) System coofigurotion and implementation
b) Operator training
c) On-Site training and customer assistance visits
d) Training classes
e) Licensed Software modifications and/or enhancements other than those supplied as a part of the periodic error correction and updates
f) Support of any Licensed Software product other than the one/s indicated on the signed CSA face page corresponding to this agreement.
g) Operating system support
h) Hardware repair or support, whether the hardware was sold by ACS or by any other vendor
i) ACS will not release any base product error corrections or enhancement~ if the Customer Is not licensed for the PACE suite of productJs.
6. Payment~ in full, of the appropriate Support Fees must be received by ACS within 30 days after receipt of ACS annual invoice for these services. An invoice
for the applicable Support Fees will be submitted by ACS to LICENSEE approximately 30 days prior to the termination date, unless either party has notified
the other in writing of its intent not to extend this Agreement pursuant to Section 1 of this Agreement. In the case of newly licensed software, the CSA
begins and is billable upon receipt of licensed software and the applicable CSA payment will be prorated so it renews on the some and common expiration
date os do all other ACS CSA's For that LICENSEE.
7. All charges for shipments and mailings to ACS ore the responsibility of the LICENSEE. All returns and mailings to the LICENSEE by ACS are via regular U.S.
Mail, or similar service as selected by ACS, unless specifically directed otherwise by the LICENSEE. Ali express or expedited charges are the responsibility of
the LICENSEE, and will be billed separately to the LICENSEE if paid by ACS.
8. In addition to the Support Fee and other charges stated above, LICENSEE agrees to pay aR applicable taxes (except for taxes based on ACS' net income or
capital stock) re~ating to this Agreement. the Error Corrections, Enhancements Re[eases, or other software or services provided by ACS under this Agreement
or payments mode under this Agreement. Applicable tax amounts (if any) are NOT included in the fees set forth In this Agreement. If LICENSEE is exempt
from the payment of any such taxes, LICENSEE must provide ACS with a valid tax exemption certificate; otherwise, absent proof of LICENSEES direct
payment of such tax amounts to the applicable taxing authority, ACS will invoice LICENSEE for and LICENSEE will pay to ACS all such tax amounts.
9. Reinstatement of the CSA agreement after having not been in force for 60 days or fewer will be made retroactive to the date that the Agreement expired
with no reinstatement charge. Reinstatement of this agreement after having not been in force for more than 60 days will incur o reinstatement charge, in
addition to the normal Customer Support fee, of on amount equal to S % of the annual Support Fee for each month that this agreement had not been in
force, up to a maximum of S0 % of the Support Fee for each year that this agreement has not been in force.
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