HomeMy WebLinkAboutContract 44586-A1 CITY SECRETARY
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AMENDMENT 1 TO PRODUCT SCHEDULE#2,#3,#4 and#5
This Amendment#1 to Product Schedule #2, #3, #4 and #5 is entered into this 22nd day of November 2019 (the
"Effective Date"), by and between ASG Technologies Group, Inc. f/k/a Allen Systems Group, Inc. ("ASG")and City of
Fort Worth ("Client'), and becomes part of the Software License Agreement between the parties dated September 9,
2004(the"Agreement').In the event the provisions of this Amendment#1 are inconsistent with the provisions of Product
Schedule#2,#3,#4 and#5,the provisions of this Amendment#1 will govern and the inconsistent provision of Product
Schedule#2, #3, #4 and#5 shall be deemed amended accordingly. All other terms and conditions of the Agreement
and Product Schedule#2,#3,#4 and#5 are confirmed and ratified and remain in full force and effect.
The Licensed Products consist of the Original Licensed Products listed below:
ORIGINAL LICENSED PRODUCT(S):
February 3, 2009(Originally licensed as a Perpetual License under Product Schedule#2 through ASG)
ASG-ZenaTm Agent for Windows®-4(3+CPUs)(Production)
ASG-ZenaTM Cross Platform Server-Enterprise Edition—1 (Production)
ASG-Zena TM Client-5(Included with Server)(Production)
ASG-ZenaTm Developers Toolkit—1 (Production)
ASG-ZenaTM for PeopleSoft®-4(Production)
May 28,2010(Originally licensed as a Perpetual License under Product Schedule#3 through ASG)
ASG-Zena TM Cross Platform Server-Enterprise Edition- 1 (Test)
ASG-ZenaTM Client—5(Included w. Server) (Test)
ASG-ZenaTm Agent for Windows®-2(1-2 CPUs)(Test)
ASG-ZenaTM Client—5(Production)
ASG-ZenaTm Agent for Windows®-2(3+CPUs)(Production)
May 28, 2010(Originally licensed as a Perpetual License under Product Schedule#4 through ASG)
ASG-ZenaTm Agent for Windows®-1 (3+CPUs)(Production)
ASG-ZenaTM for Micro Focus Server—1 (Production)
June 28, 2013(Originally licensed as a Perpetual License under Product Schedule#5 through ASG)
ASG-ZenaTm Agent for Windows®-3(3+CPUs)(Production)
ASG-ZenaTm Agent for Windows®-8(3+CPUs)(Test)
ASG-Zena TM Client-5(Production)
ASG-ZenaTM Client-10(Test)
ASG-ZenaTm Developers Toolkit-1 (Test)
ASG-ZenaTM for Micro Focus Server- 1 (Test)
ASG-Zena TM for PeopleSoft®-4(Test)
ASG ASSIGNED SITE ID:
144000802
FEES AND PAYMENTS:
Total Fee: $321,625.00 plus any applicable sales tax(es)
The Total Fee includes the Annual Enhanced Support Maintenance Fees ("Maintenance Fees") for the period
November 22, 2019 through November 21, 2024(the"Initial Term").
PROPRIETARY INFORMATION OFFICIAU RECORD Not for use or disclosure outside i••9 IC
ASG TECHNOLOGIES GROUP,INC.AND CLIENT CITY SFCRETA
Except underwritten agreement
11/19/2019
,,:30AM FT WORTH, TX
ASG TECHNOLOGIES GROUP,INC.
AMENDMENT 1 TO PRODUCT SCHEDULES#2,#3,#4 and#5
PAGE 2 OF 2
The Total Fee is accrued as of the Effective Date. Client has agreed to pay the Total Fee as follows:
November 22, 2019 Enhanced Support Maintenance Fee: $64,325.00
November 22, 2020 Enhanced Support Maintenance Fee: $64,325.00
November 22, 2021 Enhanced Support Maintenance Fee: $64,325.00
November 22, 2022 Enhanced Support Maintenance Fee: $64,325.00
November 22,2023 Enhanced Support Maintenance Fee: $64,325.00
Should this Agreement be terminated prior to November 22, 2024 by (i) Client for convenience or (ii) ASG upon a
breach by Client, which breach remains uncured after sixty (60) days' notice thereof, of any material term, condition,
representation or warranty of this Agreement, any unpaid portion of the Total Fee shall immediately become due and
payable hereunder.
The Annual Maintenance Fee for the Licensed Product(s)for the period November 22,2024 through November 21,2025
shall be $64,325.00. Thereafter, the Annual Maintenance Fee for the Licensed Product(s) shall increase by ten percent
(10%)per annum over the prior year's Annual Maintenance Fee.This limitation shall not apply to increased Maintenance
Fees attributable to increases in licensed capacity or usage.
All fees shall be payable by Client within thirty(30)days of receipt of an invoice.
MAINTENANCE AND SUPPORT:
Client has elected to upgrade its Maintenance from Standard Support and Maintenance Services to Enhanced Support
and Maintenance Services and subscribe to ASG's Enhanced Support and Maintenance Services(everywhere in this
Product Schedule, "Maintenance"). Specific details of this offering can be found in the ASG Support& Maintenance
Services Agreement ("Support & Maintenance Services Agreement") at
http://www.asq.com/CustomerSupportAgreement. The Support & Maintenance Services Agreement is hereby
incorporated by reference and made an integral part of this Agreement.At ASG's discretion,the Support&Maintenance
Services Agreement may be augmented by ASG from time to time.
Executed Amendment#1 to Product Schedule#2,#3,#4,together with a correct Client Purchase Order,must be
received on or before November 22, 2019. If not received by the aforementioned date, the fee(s) may be subject to
additional charges.
THIS AMENDMENT IS HEREBY ACCEPTED AND AGREED TO BY BOTH CLIENT AND ASG.
Company: ASG Technologies Group, Inc. Company: City of Fort Worth
Address: 708 Goodlette Road North 200 Texas Street
Naples, Florida 34102 Fort rth,Texas 76102
Name: Linda J. Steplienson Name: eAZin ban M
Title: Senior Director of Contracting Title: ( (fir
Date: November 20, 2019 Date:
'DESIGNATED LOCATION IS TAX EXEMPT:XI YES❑ NO IF YES,#
OFFICIAL RECORD
PROPRIETARY INFORMATION CITY SECRETARY
Not for use or disclosure outside
ALLEN SYSTEMS GROUP,INC.AND CLIENT FT WORT__
Except under written agreement �r`°�
11/19/2019
11:30 AM
AGREED AND ACCEPTED:
CITY:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: performance and reporting requirements.
Name: Kevin Gunn
Title: Assistant City Manager
Date: 1/ 2Sbo/ By:
Name: Mar De oe
APPROVAL RECOMMENDED: Title: Interim Assistant Director, IT Solutions
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Roger Wrig t
Title: Interim IT Solutions Director By: /l
Name: J S ong
ATTEST: Title: Assistant City orney
CONTRACT AUTHORIZATION:
a M&C: NA
By: 1 G T Date Approved: NA
Name: Mary J.Kayser ......
Title: City Secretary 1295 Certification No.:NA
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OFFICIAL RECORD
CITY
FT WORTH,T'X