~~~~F~ ~l~. ~~:3~3~ A~~~iRDV~L Q~ QFTW~RE ~IAIhfTEI~Ai~~~ ~~R~E1~~NT ~~~ AUTHO-~ I ZA'T I ~~ C~~ TNT C~Ui~TY ,~'11~~~' ~ 1 ~I~ATUh~~ ~n th i ~ the 14th day of ~favember~ 1'~~4, ~_fpan mat i an made by Cammi~~ianer Lehman, ~ecanded by ~;ammi~~ianerM lackey, the ~o~_cr~t unanimously approved by ~ vote of 4-~-~, to appr~ave the ~aftwar~e hriaintenance ~igr~eement a~ pr~e~ented to the Ca~_~r~t. ~~ilJll~ DATA ~~~~~~~~ ~QFTWA~~ 1~~1TI~T~hIA~C~ p~GR~~~IE~IT This agreement is by and between Apollo data er~vice~, Tnc. t "A~'DII~J" ~ and Ca~_tnt y of ~,er~r~ ~ "lx~~l~f~~~" ~ . A~;OII~ agr~ee~ to maintain, ~er~vice and keep in aper~at ing sand it i an each ~aftwarKe appl icat i an 1 i ~t ed be 1 aw. All ~+_tppar~t will be managed thrKa~_tgh t e 1 ephane, modem ar mail. A~'Qll~ will invoice L_T~EI~~~~ and paid invoice wi 11 be d~_Re and payable an the first day of each month far which ~-ser~v ice i s t a be r~ender~ed, ~_~nless 11C~~~~E pays s~_~ppar~t far 1 yearM in advance. AFiQIIC~ agrees to ft_tr~nish l~x~~~SE~ with all new releases and ver~s i ons of software appl icat i ans caver~ed by th i ~ agreement. ll~~i~~~~ agrees to maintain the prRivacy and pr~apr~ietar~y rights to all sad=twar~e applications installed by A~f~~llt~ at liG~~~~:~ site. IIG~i~~~~ agrees ~~~~t to sell, give arm distr~ib~.~te in any farm ar~ an any media any software appl icat ions or st_~pport ing dac~_sments to anyone, except with priar~ written per~missian fr~am A~~C~IID. ~~=~fi~ll~ disclaims the implied warranty of merchantability and any implied ar expressed warKr~anty and fitness farK part icttlar pt..~r~pase, and shall not be liable ~..~nder~ ar~y circ~_~mstances far dirKect, incidental, canseq~_ient ial, indirect ar~ special damages. IIt~EI~~E~ agrees that any l iabi 1 it y of A~l~llC~ shat 1 be limited to the act~_eal charges paid by 11C~~~E far the ~oftwar~e application involved. Th i ~ agrKeement may be terminated by AFiQIIC~ ar~ by IIC~{~SE~ with thirty ~~~~ days prior written not ice to the other. A~~C~ILC~ will make necessary changes to covered saftwarKe applications that are br~u~_cght abo~_ct d~_~e to c~~anges in the law or~ as r~eq~_~ir~ed by the individt_~al Mate. f~~=~~LL~ may bill L.l~~i~~~ for ~~ny ma.jor~ change, new pr~agr~am~ ar~ r~ewr~ites to IIG~~i~E~ specificat ions. A~iC~~~~ may bi ~ 1 ~.1~~~~~E~ far any additional ~er~vice~ invalved in the pr~eparwat i an of magnet ~~ tapes are d i ~k~ far r~epar~t ing t a tat ~ ar~ ~'eder~al agenci ~ ~. AF~Q~.I_E~ may bill LTC~IW~~~ far any additianal training needed d+.~~ t a the attr~it i an of L:[~;~1~~~~ empl ayee~N ~~=~~L.~.Q may bill ~.TC~'hl~~~ far any addit ianal ~er~vice~ i~~valved in repairing data ar~ ~aftwarse damaged by a fai 1+.cr~e in LI~~~~~~ camp+.~t er~ har~dwarKe e~tii pment ar~ by the i mpr~aper~ +.k~e of the ~aftwar~eN In the event this agreement i~ exec+.tted by LI~~~~~~ with the time and material apt ian, any ar~d all ~er~vice~ per~far~med by A~~OLL~ will be billed bayed an time, material and travel at a rate of ~.i.7.'~N ~~ per" ha+»~r~ inc.~l+.~ding telephane cans+.~ltatian with a minim+.km 1/~: ha+.~r~ charge, +.~nle~~ ather~ ar~r~angement~ are made an a per day ba~i~N All invaice~ will be d+.~e an payable +.~pan r~ece i pt N Ap~QI.L~ agrees nat t a chaY~ge billing rat e~ witha+.~t ~ i xt y {~~~ days priar~ written nat ice to Ll~~.i~~E~. All char~ge~ ivy this agreement will became effective eptember~ 1, ~ J .I~N Ap~CI~.~C~ al l awe a t en { l~N/ ~ percent d i Ica+.int far payment in advance of ane year~~ 41~: manth~~ war~th of manthly charyge~N J+.~~tice of the ~;eace ~r~iminal ti:r 1...~cen~e~ AG~~~i~ T~ N ~.AI~IC;E: ~A l ~ l H, V l ~ ~='f~~:~ l I~~~{~" Apa l l a fat a derv i r. e ~, I ncN ~i 1~~1 \ ~i,iw N ~X~ {Y,~ear'ly ~le~~ l~Nl.7 ~1~8,~},N~ry,~ I t" 1 a n t h l y M M M N M N N N ~ 'f»"L.' N 'G' t 3 1" i m e and i~at er~ i a l ACf~~Ei3 ~~ M ~~~' ~C}g~.R"i" AN ~E~~t~~ ~a+.tnty of N,err~, ~"exa~ Ga+.~nty ~'+.tdge 11-1~-1934 Date d • ~: r~SE FL!R 'ASH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO 8E REV I W D BY THE COURT. Tommy Tomlinson O~~ICE; MADE BY: MEETING DATE: 11/14/94 TIME PREFERRED: A rove "Software Maintenance Agreement" PP SUBJECT: ~PLEASF SE SPEC1FiC~: and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: PLEASE STATE ~" ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: PERSON ADDRESS 1 NG THE COURT: Auditor NAME OF Time for submitting thi s request for Court to assure that the matter i s posted l n accordance with Article fi252- ~ 7 is as follows: .._ • Meetings heid .MONDAY - 5:00 _P.M. PRE~I.t~US TUESDAY TH i S REQUEST RECE1 VED BY: THIS REQUEST RECE1 VED ON: ~ All Agenda Requests will be screened by the County Judge's ~ftice to determine if adequate information has been prepared for the Court's tormai consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity, See Agenda Request Guidelines. moo DATA SERVICES, MIC. August 15, 1994 Tommy Tomlinson Kerr County Auditor 700 Main Street - Courthouse Kerrville, Texas 78028 Dear Mr. Tomlinson; Please find enclosed twa copies of Apollo Data Services' standard «Software Maintenance Agreement". Even though this agrreement is optional, we believe it is very important to insure that your computer system remains fully functional and continues to operate according to your needs well into the future. We at Apollo are very dedicated to the continued satisfaction of our computer customers. Software maintenance can be paid far monthly, annually, or on a time and expense rate as indicated in the agreement. If you decide to purchase maintenance, please check the type of payment plan that best suits your needs and return both signed agreements to Apollo to be executed. We will return a copy for your records. Executing this agreement ensures that APOLLO will retain copies of all custom changes to your software for backup and support purposes. If this agreement is not executed by you, APOLLO will not be obligated to store or maintain customer unique software programs . If you have any questions, please give me a call. Sincerely, ~... ~., Lance Farris Executive Vice President Route 1, Box 211-D • Odessa, Texas 79765.915-561-8113 APOLLO DATA SBRVIC$S SOFTT~ARE MAIHTI~RARCE AG~RERMBI~TT rrrrrrrrrrwrrwrrrrrrrrrrrrrr+~rrr~rwrwrrrrrw~wrrrrrrrrrrrrrrrrrrrrrrrrrrrr rw.rrrrrrrrrrrrrr r ~rrrrrrr wrrrrrrrrrrwrrwrrrwrrrrrrr~rrrrrrrrrrrrrrrrrrrrr This agreement is by and between Apollo Data Services, Inc. ("APOLLO"} and County of Kerr ("LICENSEE"}. APOLLO agrees to maintain, service and keep in operating condition each software application listed below. All support will be managed through telephone, modem or mail. ` APOLLO will invoice LICENSEE and said invoice will be due and payable on the first day of each month for which service is to be rendered, unless LICENSEE pays support for 1 year in advance. APOLLO agrees to furnish LICENSEE with all new releases and versions of software applications covered by this agreement. APOLLO will make all decisions necessary to determine if any service request is not covered by this agreement and is therefore to be billed in addition to the monthly charge. LICENSEE agrees to maintain the privacy and proprietary rights to all software applications installed by APOLLO at LICENSEE site. LICENSEE agrees not to sell, give or distribute in any form or on any media any software applications or supporting documents to anyone, except with prior written permission from APOLLO. APOLLO disclaims the implied warranty of merchantability and any implied or expressed warranty and fitness for particular purpose, and shall not be liable under any circumstances for direct, incidental, consequential, indirect or special damages. LICENSEE agrees that any liability of APOLLO shall be limited to the actual charges paid by LICENSEE for the software application involved. This agreement may be terminated by APOLLO or by LICENSEE with thirty (30} days prior written notice to the other. APOLLO will make necessary changes to covered software applications that are brought about due to changes in the law or as required by the individual State. APOLLO may bill LICENSEE for any major changes, new programs or re- writes to LICENSEE specifications. APOLLO may bill LICENSEE for any additional services involved in the preparation of magnetic tapes or disks for reporting to State or Federal agencies. APOLLO may bill LICENSEE for any additional training needed due to the attrition of LICENSEE employees. APOLLO DATA SERVICES, INC. Page: 2 5aftware Maintenance Agreement APOLLO may bill LICENSEE for any additional services involved in re- pairing data or software damaged by a failure in LICENSEE computer hardware equipment or by the improper use of the software. In the event this agreement is executed by LICENSEE with the time and material option, any and all services performed by APOLLO will be billed based on time, material and travel at a rate of $100.00 per hour including telephone consultation with a minimum 1/2 hour charge, unless other arrangements are made on a per day basis. All invoices will be due and payable upon receipt. APOLLO agrees not to change billing rates without sixty (60) days prior written notice to LICENSEE. All charges in this agreement will become effective September 1, 1994. .M.~ __..._,_.._a~_ r.~..____r_ APOLLO allows a ten (10$) percent discount for payment in advance of one years (12 months) worth of monthly charges. rwrrrrrrrwrr-errrrrr~rr~rrr rr~rr rr rrrr rrrrrrrrrrrw~rrrwrrrrrrrrrr~rr rrrrrrrrrrr rrrr~rrirrr+rrrrarr~r rwwr~rrr r r~w~rrr~r rrw~r r rrrrr~wrr~rrrrrrrrr~w~rrrrrsr rrrrrrrrrr-rr~r~r SOFTWARE APPLICATION: ^ ^ ^ AGREED T0: Justice of Peace Criminal 3 Licenses Lance Farris, Vice President Apollo Data Services, Inc. Date Check One: (~ Yearly (less 10$) $1080.00 } Monthly .... .. $ 100.00 Time and Material AGREED T0: C my of Ker~Texas Title ~ 1 1 `~ Da e moo DATA SERVICES, INC. August 15, 1994 Tommy Tomlinson Kerr County Auditor 700 Main Street - Courthouse Kerrville, Texas 78028 Dear Mr. Tomlinson; Please find enclosed two copies of Apollo Data Services' standard 'Software Maintenance Agreement". Even though this agreement is optional, we believe it is very important to insure that your computer system remains fully functional and continues to operate according to your needs well into the future. We at Apollo are very dedicated to the continued satisfaction of our computer customers. Software maintenance can be paid for monthly, annually, or on a time and expense rate as indicated in the agreement. If you decide to purchase maintenance, please check the type of payment plan that best suits your needs and return both signed agreements to Apollo to be executed. We will return a copy for your records. Executing this agreement ensures that APOLLO will retain copies of all custom changes to your software for backup and support purpcses. If this agreement is not executed by you, APOLLO will not be obligated to store or maintain customer unique software prr~grams . If you have any questions, please give me a call. Sincerely, U~~c-C~.r ~ , Lance Farris Executive Vice President Route 1, Box 211-0.Odessa, Texas 79765.915-561-8113