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Home My WebLink AboutContract 55350-R3A3CSC No. 55350-R3A3 THIRD RENEWAL AND THIRD AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 55350 BETWEEN CITY OF FORT WORTH AND CLOUD SOFTWARE GROUP INC. This Third Renewal and Third Amendment to Fort Worth City Secretary Contract No. 55350 is made between the City of Fort Worth ("Fort Worth" or "City"), a municipal corporation and Cloud Software Group Inc. (formerly known as TIBCO Software Inc.) ("Vendor"). City and Vendor shall be referred to as a Parry and collectively as the Parties. WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 55350 (Order Form — Contract No. 100866) ("Agreement") with the second renewal term from February 25, 2023 to February 24, 2024; WHEREAS, the Second Renewal's total fees due was an amount not to exceed $42,479.64; WHEREAS, the Parties wish to renew the Contract for its third renewal term from February 25, 2024 to February 24, 2025; WHEREAS, the Parties also wish to further amend the contract to increase the total annual compensation from $42,479.64 to a new total not -to -exceed amount of $43,966.43; and WHEREAS, reference to "Vendor" in the Addendum to the Agreement shall have the same meaning as "Licensor" as used in the Agreement and Order Form. NOW THEREFORE, known by all these present, Parties, acting herein by the through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I. AMENDMENTS The following term is hereby amended to either replace any conflicting term in the Agreement or shall be added to the terms and shall be binding and enforceable as if it was originally included therein. 1. Compensation. City shall pay Vendor in accordance with the provisions of the Agreement and Exhibit `B,". Total annual payments made under the Agreement by City will be based on the units of service actually requested by City and provided by Vendor and shall be in an amount not to exceed forty three thousand nine hundred sixty-six dollars and forty-three cents ($43,966.43) as indicated in the attached Exhibit B. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by the Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. Page 1 of 5 R3 A3 to Fort Worth City Secretary Contract No. 55350 CFW and Agreement Cloud Software Group Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX II. RENEWAL The Agreement is hereby renewed for its third renewal term beginning February 25, 2024, and ending February 24, 2025, unless otherwise terminated earlier in accordance with the terms of the Agreement. III. ALL OTHER TERMS SHALL REMAIN THE SAME All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. IV. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 2 of 5 R3 A3 to Fort Worth City Secretary Contract No. 55350 CFW and Agreement Cloud Software Group Inc. Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Doha &rghdoff By Dana Burghd off (Feb 2 ,202419:47 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: Feb 22, 2024 Approval Recommended: By:J sDavis 20,202416:17 CST) Name: Jim Davis Title: Fire Chief Attest: vogq 00 �e PVo °=d B ca��X454gq Y• Name: Jannette Goodall Title: City Secretary VENDOR: Cloud Software Group Inc. By: Name: Rafael Carmona Toscano Title: Vice President. Legal Feb 14, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By; BFeb 16, 2024 05:50 CST) Name: Brenda Ray Title: Fire Purchasing Manager Approved as to Form and Legality: By: Name: Andrea Phillips Title: Assistant City Attorney Contract Authorization: M&C: N/A Date Approved: N/A Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2024.02. Page 3 of 5 15 R3 A3 to Fort Worth City Secretary Contract No. 55350 1 M-W 02:34:40 CFW and Agreement Cloud Software Group Inc. 1 0-- +05'30' EXHIBIT B cloud. SOFTWAAE GR6VP Contract-200265 0-247447 Order Form Order Form Effective Date. 0110412024 This Order is entered into pursuant to and hereby incorporates the End User Agreement located athitps:fAvv,,d.cloud.ffom+co t nU[j�rrd�loudidocuments�leoaVeno- user-aprjeTo of and sets forth the maximum Number of Units by License Type i al Customer may use of the Pro ucls wring the specified Term. I n the event of arty conflict between this Order and the End User Agreement, the Order will prevail. Capitalized terms used in this Order and not otherwise defined, are defined in the End UserAgreement. Arty terms incorporated by written reference (including written reference to information contained in a URL or referenced policy) form a part of this Order as if set forth herein. Customer agrees to the terms and conditions of this Order and has caused this Order to be signed and delivered by its duly authorized officer or representative. Company's acceptance ofthis Order shall be deemed to have occurred on Company's initial delivery of Products under this Order. Customer shall use the Products in accordance with this Order, the Agreement, and Documentation. Compary: Cloud Software Group, Inc. —851 West Cypress Creek Road - Fort Lauderdale - Florida -33309 Customer Name ("Customer"): City of Fort Mirth Street: 200 Texas Street Building+Suite Number: City. Fort Worth StatelProvince: TX ZiprPostal Code: 76102 Country: United States Contact: Katya Floresl katya.flores@fortworthtexas.gov All monetary denominations shall'be in USD Software and Services Subscription Software (License Type) Maintenancel5ervice Unit Number of Term Start Term End Level Units Date Date Spotfire® Statistics Services Bronze Named 106 0212512024 02/24/2025 (ProductionfNorrProduction) User Spotfire® Server Bronze Named 106 02/25/2024 02/24/2025 (ProductionfNon-Production) User Spotfire@ Consumer Bronze Named 100 0212512024 02/24/2025 (ProductionfNorrProduction) User Spotfire®BusihessAuthor Bronze Named 1 02/25/2024 02/24/2025 (ProductioniNon- Production User Spotfire®Automation Services Bronze Named 106. 02/25/2024 02/24/2025 (ProductionfNorrProduction) User Spotfire@Analyst Bronze Named 5 DM512024 02/24/2025 (ProductioniNorrProduction) User I Total Subscription Fee 36,924.29 1 Cloud Service Pagel of 2 Page 4 of 5 R3 A3 to Fort Worth City Secretary Contract No. 55350 CFW and Agreement Cloud Software Group Inc. crud SO FTWABE GROUP Cloud Service [License Type] Spotfire® Cloud - Analyst (ProductionMon- Production) MaintenancefService Unit Level Premium Named User Number of Term Start Term End Units Date Date 5 00 02I25+2024 02fM2025 I Total Cloud Service Fees 7.042.14 1 Total Fees Due 43.966.43 Customer may deliveran executed copy ofthisOrder FormtoCompany by facsimile or similar instantaneous electronic transmission device and such delivery shall be considered valid and effective for all purposes. City of Fort Worth Signature: Name: Title: Date: Page 2 of 2 Page 5 of 5 R3 A3 to Fort Worth City Secretary Contract No. 55350 CFW and Agreement Cloud Software Group Inc.