HomeMy WebLinkAboutC2019-352 - 8/20/2019 - Approved . us
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Amendment
° City of Corpus Christi
Contracts and Procurement Department
Date: July 16, 2019
Software License Agreement No.: enCodePlus Software License
Reference: N/A Amendment No. 1
Software License Agreement Current Not to Exceed Value: $49,200
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the Licensee, and enCodePlus,
LLC, hereinafter referred to as the Licensor, do hereby make and enter into this amendment (the
"Amendment") which, together with the enCodePlus Software License (the "Agreement") and all other
duly executed amendments, constitutes the entire agreement between the Licensee and the Licensor.
Section 2. Software Covered bX this.License is hereby amended to replace the.Premium 360°
license with the Advanced 180 license due to upgraded features.
II.
Paragraph a. of Section 3.Term of License of this Agreement is hereby deleted in its entirety
and replaced with the following language:
"a. The term of this Agreement is the period from the effective date (shown on Page 12) to
September 30, 2024, unless terminated as provided in Subsection 3.b: or 3.c., below."
III:
1
Section 5. Build Fees of this Agreement is hereby amended to add the following language at
the end of the paragraph:
"An additional build fee of$12,150 is required for upgraded features made in 2019."
IV.
Paragraph d. of Section 7. License Fees of this Agreement is hereby deleted in its entirety
and replaced with the following language:
"d. Subsequent years: The license fee for the five-year period from. October 1, 2019 to
September 30, 2024 is $6,450 annually, for a total license fee of$32,250 over the five-year
period."
V.
The total value of this Amendment is $44,400, therefore the revised value of this Software
License Agreement is not to exceed $93,600.
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Page 1 Of 2
SECICARY
SCANNED
The Licensor and the Licensee agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms
of this Amendment.
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Bret east Date
enCodePlus, LLC
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Kim Baker Date
Director of Contracts and Procurement
City of Corpus Christi, Texas ATTEST: _ A fid
REB CA HUERTA
APPROVED AS TO LEGAL FORM: CITY SECRETARY
(6,44-th,( Ac44 -444J 517-0111
Assistant City Attorney Date
Page 2 of 2
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ONLINE CODE PUBLISHING SYSTEM Find us at www.enCodePlus.com
AMENDMENT TO LICENSE AGREEMENT
Whereas enCodePlus, LLC,as the Licensor,and Corpus Christi,Texas,as the Licensee, have entered into a
License Agreement,effective October 1,2016,by which Licensor grants Licensee a non-transferable, non-
exclusive, limited, non-assignable license to use the software covered by the Agreement;
And,whereas the Licensor and Licensee would like to amend the Agreement for Licensee to replace their
Premium 360° license with an Advanced 180° license,due to the number of upgrade features included in
the license thereby changing the annual license fee from $7,250 to$5,250;
And, whereas the Licensee is adding four hours of technical support time, for a total of eight hours
annually, at an annual cost of$700 ($175 X four hours), and at a rate of $175 for each additional hour
above eight hours thereafter;
And, whereas Licensee, as a legacy user, shall continue to have use of the cloud-base library at no
additional charge;
And,whereas Licensee is adding Auto-Notification ($250 one-time plus$250 annually) and the Definition
Library ($250 one-time plus$250 annually)as upgrade features for the remainder of the 2018-19 license
year(prorated) at a total one-time cost of$500 and annual license cost of$500, and continuing into the
2019-20 license year and through the term of this amendment;
And, whereas Licensee will update the Land Use Lookup ($1,750) and Parking Calculator ($2,500)
concurrent with an update to their Unified Development Code during the 2020-21 license year, at a one-
time cost of$4,250;
And, whereas Licensee will add the Shared Parking Calculator ($2,500), Landscaping Calculator ($2,500),
and Bufferyard Calculator($2,500) concurrent with an update to their Unified Development Code during
the 2020-21 license year, at a one-time cost of$7,500;
And,whereas the features expressly excluded from the license agreement include:AppTrak+,GIS mapping
integration, MLS Lease - Sales integration, fee calculator, signage calculator, yield calculator, project
website,escrow, and MuniPro;
And,whereas the annual license fee shall hereinafter be$6,450($5,250 for Advanced 180°,$700 for four
additional hours or annual support,$250 for auto-notification,and $250 for the definition library);
And,whereas the one-time build fees shall be as follows:
- 2018-19 license year-$167 (prorated four months)
- 2019-20 license year-$500
- 2020-21 license year-$7,500
www.enCodePlus.com
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Page 2
June 12,2019
And, whereas the term of the License Agreement is hereby extended from October 1, 2019 through
September 2024,and is automatically renewable thereafter.
Now,therefore, be it resolved that:
The parties agree that the License Agreement shall be amended as described above. All other terms and
conditions of the Software License Agreement shall remain unchanged.
This amendment is done pursuant to Section 32, Amendments and Modifications, of the Licensing
Agreement and the terms and conditions of the License Agreement shall continue in full force and effect
and shall govern this Amendment to the License Agreement as if repeated herein in full.
enCodePlus, LLC Corpus Christi,Texas
‘&7045)
Signature Signature
Bret C. Keast
Printed Name Printed Name
President
Title Title
June 12,2019
Date Date
www.enCodePlus.com