2009-097 IT - Intelligent Information Systems, Inc. - Addendum to Software Maintenance and Support Agreement

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2.5. A "System Release" shall include Error corrections and may include functional, processing, and/or cosmetic enhancements. System Releases shall be delivered based upon a mutually agreed schedule. 2.6. "Acknowledgement Time" is the elapsed time from County's reporting of an Issue until IIS' acknowledgement of receipt of the reported Issue. 2.7. "Resolution Time" is the elapsed time from County's submission of an Issue and delivery of associated information until either (1) IIS delivers the a fix or reasonable workaround for the reported Error, or supplies the requested information for Issues not involving Errors, or (2) in the event such delivery is not reasonably feasible, IIS delivers aplan/schedule for the support. 2.8. "Release Acceptability" is a quality measurement for a System Release, defined as the total number of Issues addressed in such System Release without a reported defect within 30 days of delivery, divided by the total number of Issues that are purported to be addressed by such System Release. For example, if 90 Issues are closed without defect (10 defects are reported) out of a total of 100 Issues delivered in a Support Release, the Release Acceptability is 90/100 = 90%. 3. Services. IIS shall provide the support and maintenance services specified in Exhibit A hereto. 4. Fees. 4.1. The annual support and maintenance fee for the initial term is set out on Exhibit A, which fee shall be due and payable within thirty (30) days of the date on which the Software is put into production use by the County (the "Production Date"). Fees for renewal terms shall be IIS' then current standard annual fee for maintenance of the Software, which fee shall be payable in advance in four equal quarterly payments; provided that in no event shall the maintenance fee increase by a cumulative amount of more than ten percent (10%) per year (unless the Country has acquired additional Software modules or has increased its number of real property parcels into a higher tier, as described in Exhibit A). The first quarterly fee may be invoiced thirty (30) days prior to the expiration of the previous term. 4.2. Where on-site support is requested by County, a travel charge may be made by IIS. 4.3. County understands that if County terminates this Agreement and then wishes at a later date to resume receiving services under this Agreement, County will be required to pay IIS the entire maintenance fees for the period of discontinuance plus the maintenance fee for the period then commencing. 4.4. County shall be responsible for payment of all federal, state, local and other taxes (including, but not limited to, sales, use and property taxes) related to this Agreement, excluding any taxes based upon IIS' income, unless County is tax exempt and provides a tax certificate of exemptions. 4.5. IIS acknowledges that a "nonappropriation" may occur when the County is unable to secure or allocate sufficient funds in its operating budget to fulfill its financial obligations under this Agreement. If a nonappropriation occurs during the term of the Agreement, County may terminate the Agreement at the end of the then-current fiscal period ("Termination Date") without incurring any termination liability. County will not be obligated for payments for any fiscal period after the Termination Date. County will give IIS written notice of any termination under this section at least 30 days before the Termination Date. At IIS' written request, County will promptly provide supplemental documentation about the non-appropriation. Notwithstanding the foregoing, County agrees to take all necessary action to budget and secure any funds required to fulfill its contractual obligations for each fiscal year during the term of the Agreement, including the Page 2