HomeMy WebLinkAboutResolution - 2549 - Contract - American Public Power Association - Powermaster Software Program - 03_26_1987DGV:da Resolution #2549
March 26, 1987
RESOLUTION Item #18
WHEREAS, Lubbock Power and Light has provided technical expertise to
the American Public Power Association in the development of software for
its "PowerManager" computer program; and
WHEREAS, in exchange for such expertise and assistance by Lubbock
Power and Light, APPA has agreed to give credit for such assistance to LP&L
in all literature pertaining to "PowerManager" software; and
WHEREAS, APPA has further agreed to furnish LP&L with a free copy of
the final "PowerMaster" software in exchange for LP&L's expertise and
assistance in developing the "PowerMaster" software program; and
WHEREAS, it is necessary to execute a Software Agreement with APPA in
order to obtain said software; and
WHEREAS, the City Council deems it to be in the best interest of the
citizens of the City of Lubbock to obtain a copy of the "PowerMaster"
software program developed by APPA and LP&L; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Software
Agreement between the City of Lubbock and the American Public Power
Association with regard to the "PowerMaster" software program, a copy of
which agreement is attached herewith, which shall be spread upon the
minutes of this Council and shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of March , 1987.
r
C. McMINN, MAYOR
ATTEST:
Ranette Boyd; City Secretary
APPROVED AS TO CONTENT:
Carroll McDonald, Director of
Electric Utilities
APPROVED AS TO FORM:
r
Dofrald G. Vandiver, First
Assistant City Attorney
SOFTWARE LICENSE AGREEMENT
American Public Power Association, Washington, D.C.
and
Lubbock Power and Light, Lubbock Texas
By this Agreement, the American Public Power Association (APPA) is given a
non-exclusive license by Lubbock Power and Light (Lubbock), Lubbock, Texas, for
Lubbock's load forecasting software package for use in'APPA's software
development project, "PowerManager," subject to the conditions below:
I. APPA's CONDITIONS
A. If APPA does not commercially release PowerManager, full rights to the
load forecasting software will revert to Lubbock.
B. If APPA does commercially release PowerManager, APPA will use the
phrase, "developed with the assistance of Lubbock (Texas) Power and
Light," in its advertisements, user manual preface, and appropriate
software title screens.
C. If APPA does commercially release PowerManager, Lubbock will receive a
no -cost, non-exclusive, site -specific license to PowerManager, subject
to Lubbock signing a final software license agreement.
D. APPA must make a determination of commercial release of PowerManager
by March 1, 1986.
E. Under all conditions, APPA will not distribute the load forecasting
source code, diskettes, technical documentation, or users manuals
without signed license agreements stipulating that:
1) PowerManager software, including all testing, modified, and final
versions, can only be licensed on a non-exclusive, site -specific,
non -transferable basis.
2) Licensees of PowerManager will not market or offer for a fee
similar applications to PowerManager or its constituent
applications, unless the licensee has a previous license with one
of the developers of PowerManager or has developed similar
applications prior to the date of the executed license agreement.
3) All testing or modified (pre-release) versions of PowerManager and
its documentation, diskettes, manuals, and source code will be
returned to APPA by the date of final commercial release or March
1, 1986, whichever comes first.
4) Licensees of PowerManager may not copy documentation, diskettes,
manuals, or source code for any purpose except for back-up.
II. LUBBOCK's CONDITIONS
A. Lubbock will release source code, technical documentation including
references, and user manuals for their load forecasting software to
APPA.
B. Said documentation and materials will be delivered to APPA within one
(1) month from the date of execution for this Agreement.
C. Lubbock makes no warranty of the Lubbock software programs designated
herein. LUBBOCK DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THOSE OF MERCHANTABILITY AND FITNESS WITH REGARDS TO LUBBOCK
SOFTWARE.
III. GENERAL
A. APPA may assign this Agreement without Lubbock's consent, provided
that APPA's obligations to Lubbock shall not in any way be diminished.
Lubbock may not assign this Agreement without APPA's prior written
consent.
B. No modification or amendment to this Agreement and no waiver of any
provision shall be valid unless in writing, signed by duly authorized
representatives of the parties.
C. The decision to release PowerManager for commercial distribution is at
the sole discretion of APPA.
D. The laws of the District of Columbia shall govern this Agreement.
E. The validity of any provision of this Agreement will not effect the
validity or enforcement of any other provision of this Agreement.
Executed on this date, the of�r►J 19 .
ACCEPTED: LUBBOCK POWER AND LIGHT BY
916 TEXAS tho ized Signature
LUBBOCK, TEXAS 79457
306/763-9381 As-foq-4 Arte-4r e)'r
Title
ACCEPTED: AMERICAN PUBLIC POWER ASSOCIATION BY ��. _C4—
2301 M Street, N.W. Authorized Signa u e
Washington, D.C. 20037
202/775-8300 Me
Title