(A) The County Judge is hereby authorized and directed to administer a program relating to the rights of the county in the currently developed version of the district court software according to the following terms set forth in this section. The software is the version of the county's developed district court software existing as of April 1, 1999, or the date on which the county first distributes same to a developer under this program, whichever date is later.
(B) The software shall be offered to any interested person or entity on a non-exclusive basis according to the following terms:
(1) The developer shall pay a fee of $30,000 to the city. The city shall distribute 30% of all fees received to the county in accordance with the 70/30 operating agreement between the city and the county. This fee shall be paid in full within 24 months of the release date.
(2) The developer will provide to the city and the county, without cost, a copy of the initial version of any developed software utilizing in any respect the software. Additionally, the developer will provide all updated versions of the developed software produced within five years from the production of the developed software without cost to the city or the county.
(3) The developer will service and maintain, via access to the developer's “help desk,” the developed software provided to the city and the county at no cost for a period of five years from the production of the initial version.
(4) The software will be received by the developer without warranty by the county, with an agreement to hold the county harmless from any claims arising from the developer's use of the software, and with the following acknowledgments:
(a) The software shall be received on a non-exclusive basis so that the county may provide the software on the same terms to more than one person or entity.
(b) The developer will not sell or transfer the software to any person or entity. This provision does not prohibit or limit the right to develop and market developed software.
(c) The county reserves the right to release the software, on terms determined by the county, to governmental entities in the state.
(d) The county reserves the right to periodically re-offer the software in its release date form.
(5) The county administration and County Attorney shall prepare the necessary documents to implement the program authorized by this section in a reasonable manner.
(Ord. 99-15, passed 7-20-99)