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Resolution 466-1988 George Harper Information Systems Director C L.<.-: -1 U- ~ BE RESOLUTION NO. 466 -1988 A: RESOLUTION OF THE BOARD OF COUNTY COMMIS- ~ONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- rt~G THE MAYOR/CHAIRMAN OF THE BOARD TO '-EXECUTE AN IFM PROGRAM PRODUCTS LICENSE ~- ~-AtREEMENT BY AND BETWEEN THE COUNTY OF ~QNROE, FLORIDA, AND IFM INFOMASTER SRL FOR A '~ENSE TO USE CERTAIN PROGRAM PRODUCTS. '.-J 0:: .' %. ... 0 Cl ~ IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF C.' o C' t..' L". c: co t;:? N 0: Ct C L.. co N ~ MONROE COUNTY, FLORIDA, as follows: That the Mayor/Chairman of the Board is hereby authorized to execute an Products License Agreement by and between the County of Monroe, Florida, and the IFM Infomaster SRL, a copy of same being attached hereto, concerning a license for program prod- ucts. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~ day of ~fl./IIIk,.. , A. D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /2.~lM~ {/ ay a~rman (Seal) Attest DANNY L. KOLHAGE, Clerk -L2~ ~~/~/ APPflD~FORM AND r s 'JC1EN~ Byl ~ Attorney'. OfficII .. IFM PROGRAM PRODUCTS LICENSE AGREEMENT IFM Infomaster SRL, registered office in Genova, Italy, Via \ Settembre 33 (referred to. as "IFM") and Board. of County xx Commissioners of Monroe County, Florida, Florida Keys Aqueduct Authority, Monroe County Property Appraiser, Utility Board of the City of Key West, City Electric System, (collectively referred.to as "CUSTOMER") agree and fix the following terms: 1. Subject IFM grants to CUSTOMER the non-exclusive :and , non-transferable license for the following materials: Program Products: a) Infoter DB b) Infoter GA c) The pertinent documentation d) All the program updates that will be produced by IFM to eliminate possible errors in the programs. CUSTOMER declares to have verified the suitability of the programs and its supporting materials: and deem them qualified to reach the desired aims. CUSTOMER assumes all responsibility for installation and results of the programs, unless an additional complementary agreement, "IF11 SYSTEM ENGINEER SERVICES", pertaining to programs installation and customization, is signed. CUSTOMER is also responsible for the choice and use of any other type of machines, programs, or services used in conjunction with the licensed programs described in this agreement. IFM declines all responsibility for incorrect use of the licensed programs and their supporting materials. 2. Duration The initial Agreement term is twenty (20) years, which term shall be automatically renewed annually thereafter, unless either party gives notice of this desire to terminate within ninety (90) days prior to the end of any term. .. User may terminate this Agreement at any time upon written notice to WPSD. Upon termination or expiration, User will immediately cease use of the Licensed Software and the Confidential Information and promptly return or destroy a11 components and copies of the Licensed Software or parts thereof and all Confidential Informa- tion. User will promptly deliver to WPSD written representation that all Licensed Software and Confidential Information has peen returned or destroyed. In ~ddition, User will certify, to the best of its knowledge and belief, all such items have been removed and purged from all computer files and all e1ectrpnic, ~ optical, magnetic and other storage devices and mediums no longer exist. No refund or payment return occurs at termination of this Agreement. 3. License The license granted to CUSTOMER by this Agreement authorizes CUSTOMER to use the licensed programs only for computers installed in Monroe County, Florida. The license does not allow CUSTOMER to duplicate the licensed programs or to grant their use, charged or uncharged, to third parties. However, CUSTOMER may dup 1ica te programs for back-up pur- poses only. CUSTOMER may use the licensed programs on its own computer for services purposes to other CUSTOMERS at no additional charge. 4. Costs Program costs: Infoter DB $52,800.00 10,560.00 Infoter GA Payment conditions: 10% upon delivery Remainder 30 days after delivery 5. General Provisions This Agreement is not transferable. The licenses granted by this Agreement may not be trans- ferred to third parties. Any and all derogations from, or changes in this. Agreement must be agreed upon in writing by all parties. 2 All applicable taxes concerning the conditions of this Agreement will be charged to CUSTOMER, unless differently stated by law. This Agreement is subject to compliance with all provisions as stated in CUSTOMER's country.l\w. 6. Program Costs Invoiced as follows: $10,500 $10,500 Monroe County Property Appraiser Florida Keys Aqueduct Authority $10,500 Board of County Commissioners, Monroe County $10,500" Utility Board of City of Key West, City Electric System (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: By Mayor/Chairman Clerk MONROE COUNTY PROPERTY APPRAISER Attest: By 2 .~-:.,.., Ervin A':- H:-;~ 9.fAAt~ u J{ m2UJ.l),<L. (SEAL) A~~ / UTILITY BOARD OF THE CITY OF KEY WEST, CITY ELECTRIC SYSTEM /1 t? () II By at" < IJ"L.~ Robert a ren, General Manager (SEAL) FLORIDA KEYS AQUEDUCT AUTHORITY Attest: rector F~'.J/ !2L~d~ 7 INFOMASTER (SEAL) Attest: By 3 I1PPRCtt'EbHS rp FOroi:': ArlD LltG(Jl tU'irIC!F{-(:'.~ ''Y )(~ I~ r-- Att'7rne;,':: ('.'(irp.