Dated
January 15, 2004
The Fees set forth below shall be payment in full for: (a) Cayenta Software licenses; (b) Cayenta licensed Third Party Software; (c) Implementation Services; and (d) first year Maintenance and Support Services. Cost reimbursable rates, Escrow Services fees and Service bureau licensing with related Maintenance and Support prices are also provided in this exhibit.
I. Cayenta Software Licenses and Annual Maintenance Fees
II. Cayenta Implementation Fees
Progress payments for the total fixed Fees for Cayenta Software and Cayenta licensed Third Party Software license fees, Implementation Services Fees and first year Support and Maintenance Fees will be made as follows:
III. Payment Schedule
Fees listed above do not include Cycle Simulation Testing, which, if requested in writing by City, will be time and material in accordance with Section IV, Cost Reimbursable Rates below. Details of Cycle Simulation Testing are outlined in Exhibit A, Statement of Work.
Cayenta has estimated its reimbursable expenses at $450,000.00. The City agrees to pay reasonable and necessary expenses incurred by Cayenta provided they are reasonable in amount and necessarily incurred as a result of performing work on the City’s project. Examples of expenses that are reimbursable include those reasonable amounts incurred for project related commercial air carrier fees and airfare, parking and garage fees if required, necessary taxi, airport shuttle or bus fares, accommodations, food and communication expenses. Examples of expenses that are not reimbursable include those unrelated to the project, such as recreation, entertainment, liquor, personal communications, private travel, and expenses incurred for or reimbursed by other customers. All such expenses shall be submitted to the City, properly documented, and showing the expenses have been paid before reimbursement is due. In the event that expenses are unclear or uncertain, Cayenta agrees to provide additional documentation, if available, upon request.
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III. Cost Reimbursable Rates
Upon completion of Acceptance or for services outside the scope of the fixed price Implementation Fees that the parties agree cost reimbursable rates should be used, the following rates will apply:
In the event that reimbursable expenses are authorized, City will reimburse Cayenta for all actual reasonable travel and living expenses associated with the performance of services under this Agreement.
IV. Service Bureau Licensing and Maintenance Support
In the event City becomes a customer information system Service Bureau to Affiliates, the licensing and maintenance and support fees stated below shall apply:
V. Escrow Services Fees
Should City request Escrow materials be sent to escrow agent outside of the normal release update cycle, the update fees will apply.
VI. 24 x 7 Hour Maintenance and Support Fees
The City will be charged an additional 2% of the Cayenta License fee for the use of Cayenta 24 x 7 hour Maintenance and Support services.