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Home My WebLink About1997-03-24 97-168 ORDERCOUNCIL ACTION Item Na. 97-168 Date March 29, 1997 Item/Subject: Authorizing City Manager to Execute a Release --- TRIO Software Corporation Responsible Department: Legal Commentary: See memo from City Solicitor dated March 12, 1997, attached. Manager'sCOmmunats: -T"• F�(vMAVw"u t ,,U.Kn1�49Ad§ 1 City Manager Associated Information: Release, Memo dated 3/12/97 Finance Director City Sollcito Passage First Reading Referral Page of 91-169 A ggmd to Coundlor Leen - March 24, 1991 CITY OF BANGOR (TITLE.) @rbtr, .......I.uthoii rng city manager to, Execute Release -- TRIO Software Corporation By the GUy Causal of the aty ofImams. ORDERED, THAT Edward A. Barrett, City Manager, is hereby authorized to execute a Release in favor of TRIO Software Corporation, Ronald Wentworth and James Phillips in the form attached as Exhibit A hereto. IN CITY COUNCIL i. 97-168 Match 24, 1997 O R D E R Passed - Title, Authorizing City Manager to Execute Release - TRIO Software Corporation CITYPON ...................................... ........'.u..'../.^. ................ ga'e',aW Assigned to - Councilman March 12, 1997 TO: Finance Committee FROM: Erik Stumpfel, City Solicitor RE: Assessing Software Contract with TRIO SOFTWARE INC 97-168 As the Committee is aware, during the past year the City has been involved in an effort to upgrade its existing assessing software through purchase of a assessing program package from a private vendor. Recently, the City has found it necessary to rescind its contract with Vision Appraisal Technology, the selected vendor, because efforts to install Vision Appraisal's software have shown that Vision Appraisal's product cannon accurately convert the City's existing files and data. Per the Committee's direction, City staff are now attempting to negotiate a licensing agreement with TRIO Software, Inc., the second -ranked proposer. However, negotiations with TRIO cannot be concluded due to some unfinished business from prior years. In the summer of 2992 questions were raised concerning possible copyright infringement by TRIO Software Inc. because of alleged similarities between TRIO's property assessing software and the City's in house property assessing softwareBeSTwo of the principals of TRIO were former City employees with extensive knowledge of the City's assessing software. The City's investigation ultimately led to the conclusion that any similarities were due to the fact that both programs perform the same functions. However, differences in language, file structure and computation methods indicated that the version of TRIO's assessing software then in use was developed independently. Former City of Bangor Information Services Supervisor Lisa Robertson's memorandum expressing this conclusion is attached. In 1993, City Assessor Ben Birch sought to purchase a license for TRIO's assessing software, for use by the City's Assessing Department. At that time, TRIO requested that the City sign a release of any previously -asserted copyright claims. See copy attached. On December 12, 1993, the City Council declined to pass a proposed Council Order to authorize execution of the release. A motion to indefinitely postpone passed by a 5-4 vote. In order to negotiate the current license agreement, TRIO has again asked the City to sign a release. In my opinion, given 9)-168 the circumstances, this is a reasonable request. 1 recommend that a new Order to this effect be placed before the full City Council with a recommendation for passage. E. S. tC Attachments PC: Edward A. Barrett, City Manager Ben Birch, City Assessor Bill LaPan, Information Services Director j ;D9]-168 CITYOF v , NOV 291992 MAINELEGAL DEyp&JOIR Tp1ENLSLOW STREET SA7S "OAR, MAINE (MutCh INFORMATION SERVICES - rem. 207A145 0 Date: November 19, 1992 TO: Erik StumPfel. City Solicitor From: Lisa Robertson. Information Services Sup. Subl: TRIo Software Evaluation On September 25, 1992, Lillian Eastman, Programmer/Analyst and myself evaluated the City's Current A.esssing update program (RE5690) and TRIO's update Program. Our untie[star-:19 of tne task presented to us was that we should try to determine whet FSP the TRIO coda was a copy of Ina City's code by noting similarities and differences between the two Products. Upon inspection, we fund that record formats for master, cast and valuation were very similar. then Comparing the actual program Code, similarities were few, and in essence, we surmised that the two programs, although they may yield the sec._ results, are significantly different. An important issue to address '.= the timeliness of the comparson performed between the two Products. As you described, 1n order t0 most properly ascertain similarities and differences, we should have 'dean comparing a 1988 version of TRIO to the city's system, since there have been no material changes to Y ity's system since 1988. Realistically, no one In the programming field r s original program Code for any Substantial length of time: as updates are applied, the old Programs are usually discarded as a matter a- standard Operating procedure. It is not practical to expect TRIO to hava 1988 code available for Inspection. Thus, the issue of TRIO's 1988 Froduct being significantly similar to the City's program is virtually impossible to assess at this Point in time. To s based upon the c . orisons w made between the City's currenttaAssessing main update ogram (RES690) and TRIO's main update program, we could not find signi`Icant similarities that were unattributable to the procedure Sing performed. Attached is a summary 01- the fthe similarities and differences we found between the two programs. Please contact me if you require further clarification on this issue. cc: Robert Farrar, Director of isministration File 97-168 Description TRIG City Record formats virtually the se data Screen formats not a material issue Programming Language(s) MS Rasic Cobo174, RPG1I File Structure Single File Multiple Files Computations Table driven Compute statements Development time frame May 1988 1986-1987 9]-169 a MOW ALL MEN BY THESE PRESENTS, THAT the CITY OF BANGOR, has remised, released and forever discharged, and does hereby release, acquit and forever discharge TRIO SOFTWARE CORPORATION, RONALD WENTWORTH and JAMES PHILLIPS, their heirs, successors and assigns, of and from any and all past, present or future actions, causes of action, clalms, demands, damages, costs, loss of services, expenses, compensation, third party actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever nature, and all consequential damage on account of, resulting or to result from a claim arising out of a computer software copyright infringement between the CITY OF BANGOR and TRIO SOFTWARE CORPORATION, RONALD WENTWORTH and JAMES PHILLIPS. This Release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this Release are contractual and not a mere recital. I further state that I have carefully read the foregoing Release and know the contents thereof, and I sign the same in my capacity as City Manager as authorised by the Bangor City Council. Dated and signed at Bangor, Maine, this _ day of March, 1997. CITY OF BANGOR Edward A. Barrett Its City Manager 9)-168 STATE OF MAINE Penobscot, as. March , 1997 Then personally appeared the above-named EDWARD A. BARRETT, City Manager, and acknowledged the foregoing in8trument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name: