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HomeMy WebLinkAboutContract 27482 CONTRACT NO. age 1 of 4 EXHIBIT B to License Agreement Dated 6/+G/-2-9o3. u lz0oi (Exhibit Date) This Exhibit to the License Agreement dated 3/28/94 (enter date of original License Agreement) by and between Mobius Management Systems, Inc. (hereinafter referred to as "Mobius") and City of Fort Worth (hereinafter referred to as "Licensee") is made part of the License Agreement as if fully included in the text thereof. In the event of a conflict between the terms of the License Agreement, as amended, and the terms of this Exhibit, the terms of this Exhibit shall have effect. 1. SOFTWARE. Mobius will furnish to Licensee the Software (in machine-readable object code form) and the User's Guide for the products and options selected and initialed below: Software Product/Option Environment Quantity Licensee Mobius Initials Initials Click-n-Done Java . Options: Registered Users Number INFOPAC-ABS OS/390 e-Search &View NT HPUX AIX Solaris (Circle One per Exhibit) Options: OS/390 Server Access Sessions Network Server Access Sessions Flexible Content Pesentment Sessions AFP Sessions DJDE/Metacode Sessions Postscript Sessions PCL Sessions Image Sessions HPTS Image Sessions Siebel Interface Sessions DocumentDirect for the Internet N PUX AIX Solans (Circle One per Exhibit) Options: OS/390 Server Access Sessions Network Server Access z�r I Sessions Flexible Content Presentment Sessions AFP Sessions DJDE/Metacode unl Sessions Postscript Sessions PCL Sessions Image uuLSessions HPTS Image Sessions Siebel Interface Sessions ViewDirect API Sessions INFOPAC-JCL OSf390 INFOPAC-OPMAN OS/390 INFOPAC-RDS VSE Options: Core Packet Production VSE Server(Circle One or Both) CICS VTAM Sessions 327X Client Advanced Laser Printing ? Remote Job Output ci Microfiche Basic '�r' ,;,, ��s •_� 7 M0147 20010101 SERVEROTF /9Lcf Page 2 of 4 Software Product/Option Environment Quantity Licensee Mobius Initials Initials INFOPAC-Scheduler OS/390 INFOPAC-VRO OS ViewDirect OS/39 OS/2 AIX Servers (Circle One per Exhibit) olarls OS/400 Netware Other Options: Core Packet Production OS/390 Server(Circle One or CICS VTAM Sessions Both) (327X Client Network Server Sessions Image 1 HPTS Image Advanced Laser Printing1 Remote Job Output Remote Job Output with VRO Microfiche Basic Microfiche Advanced Tape ViewDirect IBM OAM ViewDirect FileTek Optical ViewDirect Kodak Optical ViewDirect WriteDirect ViewDirect API ArcMover 1 Peo lesoft Interface SAP Interface Lawson Interface Oracle Interface PBS Archive Unix NT OS/400 OS/390 Options: CFI CCO/CCA and CCO/ITEM CMM CSD CPP CMT CH/CHD PBS Database Analyzer PBS Database Inspector CPP Ascent Windows Options: Capture Scan Station Packs Capture Workstation Packs Server Servers 2. INSTALLATION SPECIFICATIONS Address of Installation Sites Designated CPU's CPU Serial Nos. 1000 Throckmorton Street Group 40 Fort Worth, TX 76102 M0147 20010101 SERVEROTF Page 3 of 4 3. LICENSE TERM The license shall be for an initial term of fifteen (15) years (hereinafter referred to as License Term) from the Exhibit Date specified above. For upgrades, the License Term shall date from the original Exhibit Date. 4. PAYMENT The License/ V91rAdA (cross out one) fee is $ 100,500 for the initial fifteen (15) year License term. The License renewal fee for each additional 15 year term is one (1) percent of the then current License fee for each year of the renewal term. All fees are payable within thirty (30) days of invoice. 5. MAINTENANCE A. Mobius shall provide maintenance services (hereinafter referred to as "Maintenance Services") described in paragraphs 5B and 5C below for a period of one year beginning with the Exhibit Date at no additional maintenance charge. Licensee may purchase Maintenance Services at the expiration of the first year for a fee of fifteen (15) percent of the current published License fee for such products and options in effect on the anniversary of the Exhibit Date. Licensee will be invoiced prior to each anniversary of the Exhibit Date for Maintenance Services for the following year (hereinafter referred to as "Term of Maintenance Services") and Maintenance Services will commence upon receipt by Mobius of payment. There shall be added to maintenance fees and other charges to this Agreement amounts equal to any tariff, duties and/or sales or use tax, or any tax in lieu thereof imposed by any government or governmental agency with respect to the services rendered by Mobius under this Agreement. B. During the Term of the Maintenance Service, Mobius will correct or replace elements of SYSTEM and/or provide services as necessary to remedy any Mobius programming errors which substantially affect the functionality of SYSTEM. Such correction, replacement or services will be promptly undertaken after Licensee has identified and notified Mobius in writing of such error. Licensee shall provide Mobius with dumps upon request, and with sufficient support and test time on Licensee's computer system to enable duplication of such error, certification that the problem is, in fact, with SYSTEM, and certification that such error has been rectified. Corrections for errors which are the result of Licensee errors or system changes will be billed at standard Mobius time and material rates. If Mobius personnel travel to Licensee's location at Licensee's request, Licensee shall reimburse Mobius for reasonable travel and subsistence costs in connection therewith. Corrections or alterations to or new versions of SYSTEM delivered by Mobius under this Exhibit shall be limited to one copy of such SYSTEM and documentation delivered to Licensee. Licensee shall inform Mobius in writing of any modifications made by Licensee to SYSTEM. Mobius shall not be responsible for maintaining Licensee-modified elements of SYSTEM or for maintaining elements of SYSTEM affected by such Licensee modifications. C. As a result of ongoing modifications and enhancement of SYSTEM, Mobius from time to time issues new releases of SYSTEM. In the event that Mobius issues any such new release during the term of the Maintenance Services set forth herein, Mobius will provide Licensee with one (1) copy of such new release of SYSTEM for the options licensed by Licensee, including all modifications, enhancements and corresponding technical documentation. Licensee shall incorporate any such new release into SYSTEM within one hundred eighty (180) days after its delivery to Licensee. Mobius will provide reasonable telephone consultation in connection therewith. '7 r'n-7;. �e�(fIC,��I� �� _'11' L �1UC� M0147 20010101 SERVEROTF Page 4 of 4 IN WITNESS W EREOF, the parties hereto have executed this Exhibit as of -5�� // 2"'1 v , (hereinafter referred to as "Exhibit Date") by their respective duly authorized representatives. City of Fort worth MOBIUS MANAGEMENT SYSTEMS, INC. (LICENSEE) (MOBIUS) 1000 Throckmorton 120 Old Post Road (Address) Fort worth, TX 76102 Rye, New York 10580 (Address) By: C� - By: Xj,�� (Signature) (Si ature) hns, ZI Mitchell Gross, President & CEO (Print Name and Title) o 6s4- eif Print Name and Title) CIL ). �;L►, 7 /i-36). dl (Date) (Date) M014720010101 SERVEROTF Page 1 of 2 ,s ADDENDUM TO EXHIBIT B Dated U4 2001 (Addendum Date) This Addendum to the the above Exhibit to the License Agreement dated 3/28/94 (enter date of original License Agreement) by and betw en Mobius Management Systems, Inc. (hereinafter referred to as "Mobius") and City of Fort Wort (hereinafter referred to as "Licensee") is made part of the License Agreement as if fully included in the text thereof. In the event of a conflict between the terms of the License Agreement, as amended, and the terms of this Addendum, the terms of this Addendum shall have effect. Exhibit B, Section 2, Installation Licensee may upgrade CPU up to hvo tier levels at no charge. Exhibit B, Section 4, Payment License fee is to be paid in five equal annual payments of 520,100. Exhibit B, Section 5, Maintenance Delete sentence 2 of section 5A (Maintenance). Replace sentence 2 of Section 5A (Maintenance) with: Licensee may purchase Maintenance Services at the expiration of the first year for a fee of 15% percent of the License Fee for such products and options in effect on the anniversary of the Exhibit Date. Thereafter, annual increases in maintenance for products on Exhibit B shall not increase by more than 10% per year ove-the previous year's paid up maintenance fee.' M0147 20010101 AEX Page ? of 2 IN WITNESS WHEREOF, the parties hereto have executed this Addendum by their respective duly authorized representatives. City of Fort worth MOBIUS MANAGEMENT SYSTEMS, INC. (LICENSEE) (MOBILIS) 1000 Throckmorton 120 Old Post Road (Address) Fort worth, Tx 76102 Rye, New York 10580 (Address) o By: By: ( �C' - Y• (Signature) (Si ature) Mitchell Gross, President & CEO (Print Name and Title) - t-tl n''j(tY-jGSr(Print Name and Title) (Date) (Date) Approved as to form ATTE Contract Authorization Date M0147 20010101 AEX r ��,�7 �� Irli Apllill"'!i'i!I(lle City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/13/01 **P-9493 1 0001-0360 1 of 2 SUBJECT AMEND LICENSE AGREEMENT WITH MOBIUS MANAGEMENT SYSTEMS, INC. FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to amend the license agreement with Mobius Management Systems, Inc. (City Secretary Contract No. 20218) to add new software features and extend the lease and maintenance on the existing software for five years, at a cost not to exceed $150,000. DISCUSSION: On March 1, 1994 (M&C P-6837), the City Council approved a contract with Mobius Management Systems, Inc. (Mobius), to provide an on-line report viewing system for the Information Technology Solutions Department. This on-line report viewing system gives users in customer departments the capability to view and archive reports generated by mainframe software applications such as the financial and human resources systems. Mobius has developed an upgrade to the City's current version of this system that includes a significant amount of new features. The on-line report viewing system is now accessible through the City's intranet, so mainframe-based reports can be retrieved online and printed locally instead of through the centralized printing operation, which will reduce the cost of providing centralized printing as City departments adapt to this new feature. Any common reporting format is viewable through this system, so even imaged documents can be accessed through the intranet. This will provide better internal access to information from the computer desktop, reducing the need for travel between distributed facilities to collect information. Additionally, the internal access to imaged documents will eliminate the need for microfiche archiving, saving the City about $15,000 per year for this service. This pricing package deal includes five years of maintenance on the current software, acquisition of the upgrade with no finance charges, and maintenance of the upgraded software. Mobius is designated as a Qualified Information Systems Vendor by the State of Texas. Under Section 271.102 of the Texas Local Government Code, a local government satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the State of Texas General Service Commission Catalogue purchasing procedure as established by Section 2157.061 of the Texas Government Code. The City will comply with that procedure for the purchase agreement under this Mayor and Council Communication. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/13/01 **P-9493 0001-0360 2 of 2 SUBJECT AMEND LICENSE AGREEMENT WITH MOBIUS MANAGEMENT SYSTEMS, INC. FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods and services is from a source where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. CB:n BQN/01-0360/VVW Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 Originating Department Head: David Miller 8781 (from) APPROVED 11/13/01 P168 539370 0047000 $150,000.00 Additional Information Contact: Robert Combs 8357