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HomeMy WebLinkAbout1113-List Training Software AGREEMENT FOR DEVELOPMENT OF LIST TRAINING SOFTWARE THIS AGREEMENT (hereinafter called "Agreement ") made this ;�, 8 day of ADrd , 2006 by and between the City of Sanford, a municipal corporation and existing under the laws of the State of Florida, (hereinafter referred to as the City), and Dark Hat Software, LLC Software, a Florida numbered company (hereinafter referred to as "Developer ") for the term specified herein, with the City having the option of extending this Agreement for another period of time, upon a mutual agreement of the parties, agree as follows: WITNESSETH: I. SCOPE The developer is to perform the Work as defined in the attachments attached hereto as Attachment A incorporated herein by reference and made part hereof as fully as if herein set forth. Unless otherwise specified herein, the Developer is to provide the tools, materials, manpower, and consumables to complete the Work. H. SCHEDULE/TERM The Developer shall commence work under this Agreement within 5 business days after the notice to proceed is issued from the City of Sanford, and shall fully complete all work in Phase I (Fixed Computer Terminals) in accordance with this Agreement within 90 calendar days from the above commencement date. All Work unless otherwise specified to in advance, is to be performed during the City's normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City Holidays. Phase II (Mobile Computer Terminals) implementation is subject to a separate agreement between the City of Sanford and the Seminole County Sheriff's Office. III. COMPENSATION PLAN The Developer agrees to provide the services and materials as specified in its proposal to the City at the cost specified in said proposal and amendments, if any. The Developer agrees the law enforcement based software training materials shall be provided to the City at the good and valuable consideration of one dollar ($1.00 USD). The City agrees to test the software in a secure environment, and then move the software to the end users on their equipment for a monitored field test of no less than thirty (30) days. This Agreement includes and annually renewable license fee of five hundred dollars (500.00 USD) per year beginning in February 2007 which includes costs for maintenance and all software upgrades. Moreover, the Sanford Police Department has the right to implement an unrestricted amount of seats so long as the employees work directly for the Sanford Police Department. IV. PAYMENT Payment is due upon delivery of the initial software package. Payment for the annually renewable fee is due on the first of February beginning in 2007 for each successive year the software is in place V. GENERAL CONSIDERATIONS A. Patents The Developer shall pay all royalties and assume all costs from the use of any invention, design, process, materials, equipment, product or device in the performance of the Work, which is the subject of patent rights or copyrights. Developer shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based on a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Developer shall pay all damages and costs awarded against the City only for the action arising out of the infringement. B. Software Protection The City will be licensed to use the Developer's software recognizing the software is proprietary information and is subject to protections under applicable copyright and patent laws. The City agrees that it will not market, resell, give away or, directly or indirectly profit by transferring the program, the code, or subsequently developed applications or utilities without written permission of the Developer. C. Acceptance Test Plan (ATP) Developer will develop and execute an Acceptance Test Plan (ATP), relative to the final product version. The ATP is acceptable and is based on the needs of the City and in particular the needs of the Sanford Police Department, communicated to the Developer and acknowledged in the Proposal. Developer will collaborate with the Sanford Police Department personnel to determine the best possible testing scenarios and determine the meeting of the City's needs. D. Termination for Default The performance of Work under this Agreement may be terminated by the City, in whole or in part in writing, whenever the City shall determine that the Developer has failed to meet the performance requirements of this Agreement. The developer reserves the right to terminate this Agreement in whole or in part if the City fails to meet the performance and testing protocols. Failure of the Developer to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Sanford Police Department or failure to replace or rework rejected portions of the software when requested by the City shall become grounds for termination of this Agreement. The Developer retains the right to terminate this Agreement if the Developer determines the roll out and testing of the software was not conducted in a timely fashion or was unreasonably strict to inhibit the spirit of this Agreement. The Developer shall not be liable for any data lost or destroyed as a result of the implementation or the testing. System security and data protection are the sole purview of the Sanford Police Department. 2 E. Warranty The Developer warrants that the Work provided shall conform to professional standards of care and practice in effect at the time the Work is performed, to be of the highest quality, and free from faults, defects or errors. The Developer further warrants there are no built in or clandestine access points allowing external access to the Work or City systems. If the Developer is notified in writing of a fault, deficiency or error in the Work provided within ninety (90) days of the completion of the Work, the Developer shall, repair such portions of the Work to correct the fault, defect or error. The City warrants the implementation shall be conducted in a rapid and efficient manner consistent with current business practices. A failure of the implementation on the part of the City shall result in repair of the implementation process to facilitate the integration of the Work. Such performance on both parts shall be consistent with the ATP. F. Time of Completion The parties understand and agree that time is of the essence in the performance of this Agreement. The City or the Developer, respectively, shall not be liable for any loss or damage, physical or monetary, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or the ability to obtain raw materials, labor, fuel, or supplies for any reason including lack of suppliers, or any other causes, contingencies or circumstances not subject to either parties control, respectively, whether of a similar or dissimilar nature, which prevent or hinder performance of either parties contractual obligations, respectively. Any such enumerated causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of either parties performance respectively, by the length of the delays occasioned thereby, including delays reasonable incident to the resumption of normal Work schedules. However, under such circumstances described herein, the City may at its discretion cancel the Agreement for the convenience of the City. The Developer retains the right for like cancellation of the Agreement if circumstances make proceeding an impossibility. G. Indemnification The Developer agrees to indemnify and save harmless the City, its officers, agents, and employees, from and against all normal liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney's fees for trial and on appeal, or any kind and nature arising or growing out of or in any way connected with the performance of the Agreement whether by act or omission of the Developer, its officers, agents, and employees or others, or because of or due to the mere existence of this Agreement between the parties. 3 The City agrees, to the extent and limits permitted by Section 768.28, Florida Statutes, to indemnify and save harmless the Developer, its officers, agents, and employees, from and against all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney's fees for trial and on appeal, or any kind and nature arising or growing out of or in any way connected with any negligence of the City relating hardware damage, data loss or destruction as a result of the implementation of the Work. H. Liquidated Damages Parties agree that damages are difficult to determine and that liquidated damages are not reasonable in this case. I. Acceptance The City will be deemed as to have accepted the work after the City notifies the Developer of such acceptance. The Work under this Agreement shall remain the property of the Developer until accepted by the City. In the event the Work furnished under this Agreement is found to be defective or does not conform to specifications, the City reserves the right to cancel the Agreement upon written notice to the Developer. In the event of such a cancellation, the City agrees to remove all versions and traces of the Work from any City computer environments, realizing that a failure to do so would be in direct violation of both copyright and patents rights of the Developer. J. Correction of Work The City shall promptly identify and document any and all perceived faults or failing of the Work itself. Issues relating to connectivity are to be resolved in a collective and shared work environment between the City and the Developer. The Developer shall promptly correct all Work identified by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Developer shall bear all costs of correcting such rejected Work. L. Right to Audit Records The City shall be entitled to audit the Work records as they relate to the development of the Work, only to the extent that such books and records relate to the performance of this Agreement, or any sub - contract of this Agreement. Such records shall be retained by the Developer for a period of three (3) years from the date of final acceptance unless a shorter time is agreed upon between the parties. M. Information City of Sanford is hereby granted a perpetual, nonexclusive, royalty free license to use the LIST (Work) applications prepared or developed by Dark Hat Software, LLC. City of Sanford is prohibited from distributing, marketing, sub - licensing or otherwise conveying or providing access to any Work created by Dark Hat 19 Software, LLC to any third party, including other aspects of the City other than the Sanford Police Department, without prior written consent of Dark Hat Software, LLC. O. Safety Measures The Developer shall take all necessary precautions for the safety of the City's and Developer's employees on the Work site and shall erect and maintain at all times the safeguards necessary for the protection of the workmen and the public. The City agrees to provide the security necessary to prevent third party access to the Work until such product is accepted. The City further agrees to maintain the confidentiality of the source code and any and all technical notes and data in keeping with the existing copyright and patent rights of the Developer. . P. Extra Work The City agrees to accept the work in the current programming language and changes in programming language shall constitute extra work to the Developer. Extra work shall be the subject of additional negotiation. VL MISCELLANEOUS PROVISIONS A. The Developer shall not employ sub - contractors without the prior written permission of the City. B. Assignment of this Agreement shall not be made without the advance written consent of the City. C. The Developer shall comply with all applicable Federal, State, and local law, ordinances, rules and regulations pertaining to the performance of the Work under the Agreement. D. No waiver, alterations, consent or modification of any provision of this Agreement shall be binding unless in writing and signed by a City representative. E. The Developer shall procure all permits, licenses, and certificates or any such approval of plans or specifications as may be required by applicable federal, state, and local law, ordinances, rules and regulations, for the proper execution and completion of this Work under this Agreement. F. The City shall provide the level of physical and computer access necessary to complete the execution of the Work as stated herein. G. The Developer is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment and consumables left on City property by the Developer. H. This Agreement is considered a non - exclusive Agreement between the parties. This Agreement is deemed to be under and shall be governed by, and construed according to the laws of the State of Florida. J. Venue for any litigation arising out of the Agreement shall be in the 18` Judicial District of the Courts of Seminole County, Florida. K. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. The Developer undersigned hereby warrants and certifies that he /she is authorized to enter into this Agreement and to execute same on behalf of the Developer as the act of said Developer. L. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the representative places for giving of notice, to -wit: For the City: Mr. Bill Smith, Purchasing Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 For the Developer Mr. George W. Eplin Dark Hat Software, LLC. 1164 Citrus Oaks Run Winter Springs, Florida 32708 M. This Agreements and all exhibits and addendums contain all of the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. IN WITNESS WHEREOF, the undersigned respective parties have hereunto set their hands and seals on the date first written above. 0 DARK HAT SOFTWARE, LLC Witnesses: Andrew Walther IL Justin B. Eplm Manager 1 By: George VV. Eplin, M ger CITY OF SANFORD ATTEST.• �pp ,CI�Y CLERK G�� l•. t o. curl ( APPROVED AS TO FORM AND LEGALITY: /s/ William L. Colbert William L. Colbert, City Attorney I ATTACHMENT A Attachment A Consists of the Acceptance Testing Plan and The Proposal for the Sanford Police Department ACCEPTANCE TESTING PLAN (ATP) ACCEPTANCE TESTING PLAN (ATP) ACCEPTANCE TESTING PROCEDURES Final acceptance will be reached when the system is installed and is demonstrated to run correctly at the City facility as delineated in the ATP document. Dark Hat Software, LLC and the City will participate in the configuration and installation of the program at the City's site. The City will test and identify any discrepancies and report them to Developer. The Developer will correct any discrepancies before the City signs off the final program acceptance. Testing and sign off will occur at the City's site during normal business hours to verify functionality at normal operating capacity. All "tests" are to be run using LIST software in the test environment. SCOPE This document is a guideline for system acceptance testing of the LIST software provided by the Developer. There is a signature block next to each function of the system and Yes/No indicator for each test used to verify that the function is working properly. The ATP is not intended for use as a comprehensive exercise of the overall functionality of the program. Rather, it is intended to serve as confirmation that selected system performance levels and features are operating in accordance with the original Agreement. City acceptance of these selected features will constitute final acceptance of the program as a whole. The ATP does not test the functionality of the interface of the router, or propriety and third party software currently under contract to the City. Acceptance testing shall begin when the Developer and the City have completed the installation of the software and the City and the Developer have completed set up tests. The router, system interfaces, transmission equipment and hardware performance are not the responsibility of the Developer. The LIST software shall be installed and running in accordance with the installation and test procedures. Each of the following exercises is to be carried out to demonstrate the stated software functionality in accordance with the program requirements. Once each test procedure has been satisfactorily completed, the City will circle "yes" or "no." If all tests are successful, the City will initial in the space provided to indicate acceptance of that function. If a discrepancy is identified, it shall be described in the Acceptance Test Summary form. The form for this section shall be signed and dated by representatives of the City and the Developer. The Developer's signature on each Test Summary Form shall serve as acknowledgement of responsibility to resolve those items as agreed to by the City permitting the City sign off of the ATP section The program performance capabilities to be tested in this exercise are as follows: ASSUMPTIONS The software was properly configured in compliance with current industry standards and is warranted to be free of any normal defects. Moreover, the Developer warrants there are no clandestine entry points or destructive programs installed as part of the operating system or software as a whole. SYSTEM SECURITY Administrator Program properly recognizes the administrator role. Yes/No TEST The administrator can create new questions within the input module. Yes/No TEST The administrator can create a base of over 365 questions for use during a specified time. Yes/No TEST The administrator can delete a created question from the input module. Yes/No TEST The administrator can save a new question from the input module. Yes/No TEST The administrator can schedule a new question from the calendar module. Yes/No TEST The administrator can schedule the same question for multiple appearances. Yes/No TEST The test question appears only once per day after login. SET UP: The administrator creates five new questions and displays the results in the test module. The administrator saves five questions from the newly created questions. The administrator deletes three questions from the newly created questions. Subscriber Program properly recognizes the subscriber's role. _Yes/No TEST The subscriber receives the daily test question after login. Yes/No TEST The subscriber receives and elects an answer from a preset format of four answers. Yes/No TEST If answered correctly the application disappears from the subscribers view. Yes/No TEST If answered incorrectly the program randomly selects a new question from the existing library of questions. _Yes/No TEST If answered incorrectly the correct answer is highlighted in red for an average of five (5) seconds. Yes/No TEST If subscriber has a reason he /she can elect to use the emergency out function and remove the front page from the computer. SET UP: The subscriber log onto their respective terminal and determines if question comes in as stated. The subscriber correctly answers the question. The subscriber incorrectly answers the question. The subscriber selects the emergency out option. PROCESSING Calendar Entry Types System properly handles selected calendar entry types. Yes/No TEST The administrator can select a date certain for any identified question. Yes/No TEST The administrator can delete a question from any selected date. Yes/No TEST The administrator can select any question for multiple appearances during the identified time frame. Yes/No TEST The administrator can schedule question in excess of one (1) year. SET UP: The administrator selects a question from the data and places the question on a particular date. The administrator selects a question from the data and schedules it for multiple appearances during the specified time period. Frequency The program properly addresses question frequency Yes/No TEST The administrator can select one question per day for testing. Yes/No TEST The administrator can use one specific question on repeated days during the identified time frame. SET UP: See test for Calendar Entry Types. Precedence The program properly recognized the administrator's role in selecting content precedence. _Yes/No TEST The daily question appears after subscriber login. Yes/No TEST The question prevents the subscriber from proceeding with terminal use until a question is correctly answered, unless the emergency out selection is used. Yes/No TEST The administrator can remove a question on a particular date and preempt the question with new test material. SET UP: Subscriber logs in and determine the results. Subscriber attempts to by pass the question. Administrator removes one test question from a specific scheduled date. Message Content The program accurately reflects the administrator's data input. _Yes/No TEST The system administrator has complete control of the test questions and data for the testing module. Yes/No TEST The administrator can alter the question content at any time before the question is administered. SET UP: Administrator inputs a question, saves same and then reviews results. Tabulation The program allows for accurate tabulation of test question results. Yes/No TEST The administrator can tabulate the total number of persons taking the question on a specified date. Yes/No TEST The administrator can determine the correct number of answers of persons taking a specified question on a particular date. Yes/No TEST The administrator can determine the number of incorrect answers for a particular question on a specified date. Yes/No TEST The administrator can track an individual subscriber's level of performance on any given date. Yes/No TEST The administrator can track the number of correct answers given by any subscriber. Yes/No TEST The administrator can track the number of incorrect answers given by any subscriber. Yes/No TEST The administrator can access the accumulated data to determine the validity of a specified question. _Yes/No TEST The administrator can track specified questions and date for future statistical reference. Yes/No TEST The administrator can store the accumulated data for future reference. Yes/No TEST The administrator can track the number of times the emergency out option was exercised. Yes/No TEST The administrator can determine the number of times a particular subscriber used the emergency out function. SET UP: Administrator inputs correct and incorrect data on several different dates for differing users and determines the tabulation results. TEST SUMMARY FORM In full and complete satisfaction of the City, it is acknowledged that the System Acceptance Test Procedure has been performed and accepted by the City on the attached ATP. Problems and or Failure while performing the ATP, if any, are listed below: Developer will summarize all Corrective Action on this page. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Authorized Signature — City Authorized Signature — City Date Date Authorized Signature — Developer Date FINAL SYSTEM ACCEPTANCE In accordance with the development agreement between the City and Dark Hat Software, LLC, this document acknowledges the full acceptances of the LIST software by the City consisting of the items as described in the referenced development agreement. Dark Hat Software agrees to address outstanding discrepancies defined in the acceptance Test Summary. Authorized Signature — City Authorized Signature — City Date Date Authorized Signature — Developer Date DEVELOPER'S PROPOSAL City of Sanford LIST Software Five Module Bundled Software for use by the Sanford Police Department DEVELOPER'S PROPOSAL Dark Hat Software, LLC 1164 Citrus Oaks Run Winter Springs. Florida 32708 (321) 303 -5868 01. Software Purpose What problem is the Sanford Police Department twine to solve? City of Sanford Police Department has expressed a desire to forward and follow a Risk Management based approach toward law enforcement and plans to implement a change in the corporate culture. In order to meet the first step in the Risk Management concept, the Sanford Police Department needs to address a change in the training arena. Currently, no software system is available to meet the stated requirements listed below. The Developer has designed a Windows compatible training module that meets the stated needs of the Sanford Police Department. The Sanford Police Department has specifically requested training software destined to become part of the daily police routine. What does the Sanford Police Department want the solution to provide? The solution should bring one question to each officer working on a daily basis prior to officer taking his or her unit into service. The training material should be agency specific (i.e. SPD policies and procedures, laws, etc.). The solution should have the built in flexibility to allow the trainers to determine how often the questions arise (i.e. daily, weekly, monthly, quarterly, and annually). The solution should allow for a flexible number of questions for each designated time period (i.e. one daily question, five weekly questions, four monthly question, etc.). The solution should allow for the SPD Training Division to control the material input to aid in identifying additional training needs. The solution should have a question input module to simplify training material input. The solution should have an emergency out button to allow officers to exit if the need arises. The solution should have a tabulation module to allow for collection of statistics for performance measure testing. The solution should be server based to allow for customized user specific designation. The solution should interface with the existing City hardware and software. 02. System Acceptance How will the Developer and the City realize when the project is completed? In order to determine if the Developer and City agree that the Work is concluded, a commonality of language and definitions is required. Therefore, the following is the accepted version of successful completion of the project. Delivery of a software solution that allows: Administrators to: Enter the target questions into the database. Monitor user performance. Determine and select the level of question validity. Calendar a question for multiple appearances. Calendar a block of similar questions for intensified training. Identify the number of times a similar question was addressed. Allow for flexibility in the number of times training is required (e.g. daily, weekly, monthly, etc.). Require answering of the target questions before allowing the officer full use of his /her computer. 2. Subscribers to: Answer the questions asked on whatever frequency identified by the Administrator. Receive feedback from Administrator on level of performance. Identify personal rule and knowledge based weaknesses. Readily answer high liability questions. Receive regular, reliable, and verifiable training in pursuit of liability inoculation. 3. System to: Use the server based LIST Training software to disseminate high liability issues to the Sanford Police Department as required. Require no changes to the current City operating environment to deploy the software. Display little if any measurable degradation of current service levels or server speed. What are the deliverables? Dark Hat Software, LLC will deliver the following products to the City of Sanford at the completion of the project: One complete tested and debugged set of the five module bundled LIST software package including the Testing Module, Input Module, Calendaring Module, Tabulation Module and the D namic Scheduler Module identified as Developer Work named LIST . What development methodoloey will be used? Since the Work is a developmental project, formalized approach for implementation and system testing is mandated. The methodology is broken into phases: Phase One Conceptualization and project description to end users (Sanford Police Department). Phase Two Development of a working model and presentation to Sanford Police Department Staff. Phase Three Presentation of concept to Sanford Police Department members and presentation of software (v. 5.0) for modules one through five. Phase Four Placement of approved LIST version of modules one through five on the server with accompanying thirty (30) day Field Test. Phase Five Review of Field Test results and final software punch list corrections. Phase Six Work acceptance by City and final roll out. How will chance requests and problems be communicated and handled? Dark Hat Software, LLC and the City understand the software may require minor modifications to accommodate the Work on the resident machines once the initial testing is completed. Any change request need to be in writing from the Sanford Police Department project leader to a Dark Hat Software employee. Dark Hat Software, LLC will prepare a response to the request addressing the impact of the change to the software, the alteration of the delivery date, and the feasibility of making the requested change. The changes requested by the City shall come in the form of a comprehensive punch list in order to determine that the City's needs and requests are each addressed. Problems with the software need to come to the attention of the Developer as quickly as possible to facilitate correction and minimization of system and testing disruption. Problems involving the existing infrastructure will not be the responsibility of the Developer. Problems are considered "bugs" in the software when the Work does not operate as advertised. Changes in the operation of the software are not considered bugs, but are considered as change requests by the City in system operation and will be handled as stated above. 03. Solution Overview What is the solution? The Work is a single aspect training resolution for an issue identified by the end user, in this case the Sanford Police Department. The Developer has designed and written a loadable software package compatible with the City's current version of Windows 04. Deployment How will the Develoner and the ON denlov the solution? Deploying the Work at the City can be accomplished in a variety of ways. The deployment is dependant on the availability of servers and their utilization of CPU, memory, and storage prior to the installation. Dark Hat Software, LLC cannot guarantee the impact of the LIST software on the City's existing system without testing the software in the City's working environment. Based on individual resident machine tests, the software has a minimal impact on the operating system. However, actual Field Trials are required to determine the end result in the actual operating environment. The Developer will accept Sanford Police Department's assessment of the stated impact of the LIST software on the City's system resources. 05. Miscellaneous Items Potential failure points outside of the proposed solution The Work makes use of existing technologies used in the City environment, including but not limited to Microsoft Windows . Dark Hat Software, LLC is not responsible for any failures caused by the software or hardware in place at the time of implementation. Some, but not all of the potential failure points are: Microsoft Windows regardless of which platform version. Both the City and the Developer realize that operating systems have certain inherent flaws. Should a flaw or protocol within the Microsoft operating system come into conflict with the LIST software, both the developer and the City will engage in a collaborative effort to resolve the conflict if possible. City of Sanford network issues. In the event that the network at the City prevents the use of the LIST software, either by routing the program to the servers or any other unforeseen circumstance, the City will be responsible for correcting the situation. Internet transmission issues In the event the Work uses the Internet, and Internet Service Providers (ISP) protocols prevent the deployment and operation of the LIST software, the City will be responsible for working with their Internet Service Providers to correct the problem. The Developer will take responsibility only for the software developed for the solution. Source Code In order to provide the City with a minimally intrusive and cost effective solution, the Developer will use a standard coding software format (Visual Basic) in order to reduce development revision costs. The City understands the following: The LIST software program and code are copyright protected. The LIST system of training and software are pending United States Patents. The City agrees to not publish, sell, market, or otherwise give away either the software or source code. The Developer grants the right for the City to make modifications to the program for its internal use only. The City agrees to make available to the Developer for use and publication any software upgrades in either functionality or efficiency. City agrees to provide any standard development software tools for Work design changes or rewrites if in current City inventory. 06. Development Costs Listed below are the costs of development LIST five module bundled software $1.00 Developer time costs to City $0.00 City development costs to Developer $0.00 City testing costs to Developer $0.00 Delivery cost of Final version of LIST to City $0.00 Maintenance and Support Costs $500.00 (Annually) Total Costs to City and Developer: $1.00 (Due 2006) 07. Development Schedule Upon City acceptance of this document, complete with reviews and signature of any legal documents as necessary the Developer will begin development of the solution. Based on anticipated workloads and production schedules to date, the following are the estimated dates for deliverables: Version 5.0 of LIST to City: 5 days from start date Field Test Roll Out 4 weeks from start date Results from field test due from City 9 weeks from start date City Acceptance Testing completed 10 weeks from start date Delivery of Final Version of LIST to City 12 weeks from start date