1996 RES R-142-96 (NOT USED) - Laserfiche WebLink

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AGREEMENT This Agreement ( Agreement) is made this 3rd day of December, 1996, be EcoGroup, Inc., a Delaware Corporation ("EcoGroup ") and the City of Colton, a publi corporate and politic (the City ). Whereas, EcoGroup has developed a series of residential customer service pram, ms under the theme of Success 2002' including all software, artwork, written material oncepts and implementation methods (Success 2002"); and Whereas,EcoGroup has submitted a detailed proposal, scope ofw plan, and estimate of costs wherein it has represented to the City that it is qualified to per the services specified herein; and Whereas, the City desires to have EcoGroup develo Success 2002 program for implementation in the City Exclusive Territory (as defined be Whereas, no official or employee of the City has a `ficial interest in the subject matter of this Agreement as contemplated within the provisions lifornia Government Code Sections 1090 through 1092, inclusive; Now Therefore, the parties agree as folio 1. General. EcoGroup hereby grants to the end the City hereby accepts from EcoGroup a non-exclusive and non-transferrable license to Success 2002 and related services for a period beginning on the Effective Date and Contin %for a period of three (3) years ( Initial Term ). EcoGroup understands the three (3) year Ini erm of the Agreement is contingent upon annual budget approval by The City council. T ity shall have the right to renew this Agreement for additional one (1) year terms ( Renewal ins ) by giving written notice of its intention to renew the Agreement within thirty (30) dayse end of the Initial Term or the current Renewal Term. 2. Exclusive Territory. W 'this Agreement remains in force, the City shall have the exclusive rights to use the Succ X002 within the geographical area(s) described in Exhibit A ("Exclusive Territory"). The shall not use, distribute or promote Success 2002 outside of the Exclusive Territory witho (1, prior written approval of EcoGroup which approval shall not be unreasonably withheld.'" 3, r i EcoGroup agrees to develop Success 2002 for the City in accordance with the ' e of Work attached as Exhibit B. Should the City request additional work not specified in ibit B, such work shall be provided to the City on a time and materials basis pursuant to roup's Schedule of Hourly Consulting Rates attached as Exhibit C. 4. F n P n . EcoGroup shall invoice the City pursuant to the payment schedule outli n Exhibit B. Payments shall be due to EcoGroup no later than thirty (30) days from the dat receipt of the invoice. EcoGroup may impose a late charge of up to one and one- half' perce, .5 %) per month on any outstanding balance. Confide - EcoGroup, Inc. 1 1996.coc 10109196