Created : September 07, 2013 at 05:25 AM
July 23, 2013
Status:
Open Agenda
To approve the Quote and Software License Agreement with Attachmate Corporation.
The district purchased several versions of Attachmate's EXTRA! software product from 1997 through 2003. This product allows desktop computers to communicate to the mainframe computer. Under the software's licensing agreement, Attachmate conducted a compliance review in May 2012 and determined that the district had over-deployed the software products in excess of the paid licenses and asserted a demand concerning use without first procuring the necessary additional licenses. The district negotiated the attached Quote and Software License Agreement to resolve the claim and secure the right to use the software. The agreement permits the district to upgrade all computers needing the product to the current version of EXTRA! X-treme v9.2, requires the removal of all obsolete versions of the software on any other computers, and requires the district to run a compliance report to ensure that the agreement terms are met. This item is brought as an HH-item as the agreement includes Attachmate?s release of any claims it could make against the district for the over-deployment of software and $300,000 of the sums payable will be paid from the district?s Self-Insurance Retention Fund. The remaining $50,000 will be paid from the Information and Technology budget.
The agreement has been approved as to form and legal content by the Office of the General Counsel.
If approved, this item will be funded in the amount of $300,000 from the district?s Self-Insurance Retention Fund and $50,000 from the Information and Technology budget.
Requested Action
To approve the Quote and Software License Agreement with Attachmate Corporation.
Summary
The district purchased several versions of Attachmate's EXTRA! software product from 1997 through 2003. This product allows desktop computers to communicate to the mainframe computer. Under the software's licensing agreement, Attachmate conducted a compliance review in May 2012 and determined that the district had over-deployed the software products in excess of the paid licenses and asserted a demand concerning use without first procuring the necessary additional licenses. The district negotiated the attached Quote and Software License Agreement to resolve the claim and secure the right to use the software. The agreement permits the district to upgrade all computers needing the product to the current version of EXTRA! X-treme v9.2, requires the removal of all obsolete versions of the software on any other computers, and requires the district to run a compliance report to ensure that the agreement terms are met. This item is brought as an HH-item as the agreement includes Attachmate?s release of any claims it could make against the district for the over-deployment of software and $300,000 of the sums payable will be paid from the district?s Self-Insurance Retention Fund. The remaining $50,000 will be paid from the Information and Technology budget.
The agreement has been approved as to form and legal content by the Office of the General Counsel.
School Board Goals
| Goal 2: Continuous Improvement |
Financial Impact
If approved, this item will be funded in the amount of $300,000 from the district?s Self-Insurance Retention Fund and $50,000 from the Information and Technology budget.
Source of Additional Information
Robert Paul Vignola, Esq. 754-321-2050
Associated File Attachments
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agreement (Files) | |
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ExecutedCompleteCopy (Files) |