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CM-10-11-232ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. Agenda Caption: Meeting Date: Department: City Council Agenda Summary Sheet November 19, 2010 Administration Staff Person making presentation: Will Hampton Communication Director Item Summary: This is a maintenance and support agreement for City Forum and Community Conversations with Telligent. Telligent has provided these services since March 2008. Strategic Plan Relevance: Cost: $5,000 for services from 3/2009- 9/2011 Source of Funds: General Fund Date of Public Hearing (if required): NA Recommended Action: NA REV. 6/10/10 �.� telligent® MAINTENANCE AND SUPPORT AGREEMENT This MAINTENANCE AND SUPPORT AGREEMENT (the "Agreement") is made and entered into by and between the party signing this Agreement as "Customer" and Telligent Systems, Inc. ("Telligent") conceming the terms and conditions under which Telligent will provide Maintenance to Customer for the Software previously licensed by Customer and identified below. This Agreement incorporates the accompanying Master Definitions and incorporates by reference Telligent's Maintenance & Support Policy ("MSP"), which is available for download at http://telligent.com/support/. Effective Date: March 24, 2010 Original License Date: March 24, 2008 License: Telligent hereby licenses to Customer the following Software for the License Fee and License Term specified below under the grant of license in the Agreement and subject to the terms and conditions set forth therein: Description # of Servers Production Domains License Term Annual Maint Fee/Server Total Price 2 Production Licenses for Community Server 20072 Professional Edition SSO Modules 4 (including test domains) Perpetual $1,000 $2,000 One-time back maintenance fee for term 3/24/2009 — 3/23/2010 N/A N/A N/A N/A $2,000 Totals $2,000 $4,000 Usage Limits: Customer's license to use the Software shall include unlimited access to all of the features, functions, and add-ons set forth in the Software Documentation, including: Blogs Forums Galleries Wikis Groups Content Mirrors Mail Gateway SSO Modules Page Views 100 100 200 Unlimited 5 Unlimited N/A Windows Unlimited Designated Domainjs): http://roundrocktexas.gov/cc, http://citvforum Customer may not use the Software in conjunction with any domains other than the Designated Domain(s) without prior written consent from Telligent. Maintenance Term: Initial term is for 18 months, beginning on the Effective Date, and running through September 30, 2011. Subsequent 1 year term begins on September 30, 2011, and automatically renews for additional, successive one (1) year terms, subject to termination and non -renewal as provided in the MSP. Payment Terms: The one-time back maintenance fee of $2,000 will be due and payable upon receipt of invoice from Telligent. The pro -rated initial Maintenance Fee of $3,000 is payable as follows: $2,000 within thirty (30) days of receipt of invoice from Telligent and $1,000 on February 24, 2011. The subsequent Annual Maintenance Fee shall be paid thirty (30) days prior to each subsequent anniversary of September 30, 2011, throughout the Maintenance Term of this Agreement. Publicity: Customer hereby authorizes a minimum of one press release announcing the relationship between Telligent and Customer. During the License Term, Telligent will have permission to use Customer's logo on its website and sales materials. The undersigned have read and agree to the terms and conditions stated in this Agreement and, as duly authorized representatives, execute this binding agreement as of the Effective Date set forth above. Telligent Systems, Inc. By: Name: Title: Address: City, State, Zip: Facsimile: 17950 Preston Road, Suite 310 Dallas, TX 75252 (214) 420-1354 Maintenance & Support Agreement — v10.07.28 Cm-tb41-252— Customer: City of Round Rock By: Name: Title: es R. ,1PE, Man 0.gec' Address: 221 Ea3tiGlain Street �J City, State, Zip: Round Rock, TX 78664 Telephone: (512)671-2731