HomeMy WebLinkAboutContract 38755 (2)IrY SECRETARY
vONTRACT NO,
Aiken Sy�em Group, ire. i"r.SC"j as successsx in �nierzsi tc gdQknus Management Svsiems; It_c. r_si City of Part �+'otth ("Lic�nsce�"} a�� f!caf
fhis Ex€ "bit C is an integral part of the Software License Agreement dated Mamh 28. I994 (the "Agreement). In the ev"ni the provisions ofthis
ixMN are itteonsistent with the prow ns of e Agreement, the provisions of this Exittibit will varjt and fire ittconsistent provision of the
Weia vent AMR be deemed amended accordingly. AM atl:er terms and conditions of the Agreement are co-Mimted and ratified and remain in full
force and eftecf-
r,TCENSE TYPit:
Term Ucense-
7�e Licetrsysil'rvducrs corts-ixi o; rFre (ir�irlt!dLicensedPtodisds antiihe .h'etol.ieerrsedl'rorGtds lisY2td hsto-w
i3ltrGrPi 1r, LIC;l�N5Er3 PRCyDCr'(S) AYD I;IrEEt"f3Z'E DATE:
Much 28. 1994 licensed on Exhibit A by ltrabius Management Systems, Inc,
ASG-ViewDirecM 4M v S _- (Group 4t3)
ASG-ViewDirect MVS - GICS Server - (Unlimited sessions)
ASG-ViewDirect%144VS - Packet Production - (Group 40)
ASG-ViewDirodTT vIVS - V •f414 Server - (Unlimited sessions)
FFf•E£`TI'4=E IiAT1~ ClF �:E'4i' LICEi�SED PR011GC:TSA�iI} LIC'E:t�SE IIEsYF�dAT
3une 30, 2009
N'E'S�' r.If"lltiSF.D PRObriC_I'S:
ASG-Daatmentllirect� far the Irttemet-;�lT - PCL ••• (200 sessions}
ASG-DocumentDirectT for the lrrternet-NT - PDF/PS - (200 sessions)
ASG-ViewDictg, iNT- (core)
ASG-ViowDirect0a, i T - Adt anccd Laser Printing (I server)
M; ViewDirectVwNT - Image- --- (I server)
ASG-ViewDirectpV=NT "Network Server Access - (200 sessions)
ASG-t'ieii°Direetg -NT -Packet Production - (I server)
DESIfxi�ATED EQLFPI1�IEiiT/SERIAL i�L':tiBER(S'}:
LiiM 2086-130 t Sit: "k"l3D
DESrGNATE D L47Ct4TT(}1�(Sj:
r 000 Thrackmatian Street
lnivrmation Technology Solutions (rTS)
Fort Worth, Texas 76102
FEES AND PAYIv1ENTS:
Total Poe: 5259.OU0.00
'Zatwithstanding the above P:ti`ectir°c Rafe, t}te anni i'cr�itFv crate for the purpose of the annual msitttenance tcx,tt shall ba Alarclt 2& of each rear.
"ilte Total Fee is:e!t:dea fhe lic:..tsc P� far tht Lic�3tt3od :Pradu4�(s) and prafassiartal services as de�ibed �!acv far the pw�riad ln±tc 30, 20Ut3
thtouglt Ay.rt 28, 'a012 (ihe "Tc;t:t") and the Annual Maintenance Fee: ("Maintenance ?:ee') for The period June 30, 2009 through March 27,
2t}I0.
ilier>t has agr+?i<l to ray the Tara' Fee as fatiows:
IIIIe 3U, 2009 _- AiiHrcif i?, 203t?
�4aroh 2tt, 2U10 -- Ahar::!t 27, 20l l
March 28, 2t I. I - =tprii '28, 2012
kevi5rd
I..ic:;nse Pee: SI?2,000,00
l4lainienance Fte: S 8,000.00
Prafessitntal Services Fee<: S '-=5,000.0t3
foie1: $195,000400
ense Fee: $ 32,000.00
LiCErtS@ t`te: � 3%,(litt).Cii
PR£3P,2:-6t:�kY" i,v-�'.itti•Se;.�Gi!
tvoi fir use �.9isclosutc ou+'i=3c-
:ti;£I>Fi 3i'S'1'tiMS t?tti`kt;P, nNC, Al" Lti`.EK;;EE
Xsepiuner a�t�= zgrx�,err
ASV
0�-24-0 9 A09 � 57 I„�.•--
Ali ElN sy;!sI+{E���y)s.�G�tt€iUP, IBC.
PAGE 2 OF 3
I�l?I�5 r4PiiJ ik �.� �'i�;�TS (�"orrfStrtre3}:
Should Chant efett tc pureha a ma ntsan a ser ics for the period beginning +Say h 28, 201s, anduiftzr pro.Rded thr era no inereasasvt
apa�ity or u age, the AAnnmal Maintenance Pee shall be $8,OUtIN annually throughthe remainder of the Term.
Should this Agrramttent be t�rminafed prior #s April 29, 2412 by (:) Client �Y (ii) ASG upon a breach by Glicnt, wlticli breach remainfi uncured
after 5Wy (60) days notice thereof of any trraterjal tern#, condition, representation or watra-tty ufthis Agreen:ertt, any unpaid portion of the 'total
i t shall immediately become due and payable hereunder.
'fh€: above fees shall be pavalsfe b;r Lict�tr�s upon akecufian oftlris �eamertt.
Cliert# represarrts that i€ is a government agency or in�rtrmcrttality, and that C'fiari has ob#a'sned all requisite approvals atd authority to E3tte:' into
aAd perform its obligations hereunder, including, without limitation, the obligation to make the initial payment or payments required to he made
rmurder on the date or dates upon which such initial payment or payments may become due during Client's current fiscal year. With respect to
any subsequent payment which may be required to be made hereunder in any subsequent fiscal year of Client, the panics acknowledge that
Client's authority to make- such subsequent payment may be contingent upon appropriation to Client by relevant government agencies or
legislative autha; ics of funds sufficient for such purpose. If such additional sufficient fiends are not so appropriated to Client, either ASG or
Client may terminate this license as of the fast day of the applicable subsequent fiscal year of Client with respect to which such sufficient funds
are not made available. Client agrees (a) not to effect such termination for the purpose of replacing the Licensed Products) with an equivalent
product or products supplied by another vendor and (b) to use its best efforts to obtain such sufficient funds by taking all appropriate action to
effect the appropriation of such additional sufficient funds.
tt<:3F3ITIt�IiAi.'f'L+'It�1su' ANI> C:4?I�I3I`f°I4JIYv:
Licensee lterehy acknowledges receipt ofihe above Licensed Produtx(s).
r•1:SG shall vrovide Licensee with all enhancerrtents, improvements, and updates to the Licensed Products) w•itich t1SG similarly providers qr offers to
i3rcvida to its other Licz<tseas v++tto have eltr�^ted to subs.^ril>r to h£aintenanee. tVSG vEill a€tempt to entre.^t any ntaterfal errors or matftmetions or other
uonconfutntities in the Licensed Produat(s) for the tern: of this _kgreement, provided Livens _'s SF3'tent, under- which the Licensed Product(s) are
licensed, and a Licensee representative, is made readily available to ASG to assist in the diagnosis of the nencon£omvty_ If Licensee notifies ASG of
an error or malfunction which, after investigation by ASG and Licensee, is determined to have been caused by computer malfunction, or by an
e thancenwat not made by ASG, or by incorrect data or prow4utes used by Licensee, ASG may charge Licensee at ASfr's rates then ut eMet, for all
services rendered and costs incurred by ASG in investigating or remedying such non -conformity_ All requests for support services shall provide
dc;tails sufficient to diagnose or reproduce said failure. With resped to the foregoing, any modification or attempted modification of the licensed
Product(s) by Licensee not in accordance with the user Documentation supplied by MSG, or any failure by Licensee to implement the current release
of the Licensed Product(s) or the release inunediately preceding the current release within six (6) months ofthe current release's availability shall void
the obligations of ASG under this section unless Hemee has obtained prior written authorization from ASG permitting such modiffcationr attempted
modification, or failure to implemend.
The license granted is for a t2rnt commencing June 34, 2009 through April 28, 2011 Comnrenciitg March 28, 2010, and provided all fees due
uirder this Agreemient; including any applicable upgrade Bees, ate paid in full, Lieensas may elect to cancel maintenance services for the
remainder of the Term and retain the right to use the Licensed Product(s) in accordance with the terms and conditions of this Agreement. If
Licensee elects to cancel maintenance services, Licensee (i) shall not be entitled to a refund of any fees which are due and payable under this
Agreement or which have been paid, and (ii) shall not be entitled to receive any rights provided for in the Agreement related to maintenance
services including Customer Support Desk, error corrections, enhancements, improvements and updates. Licensee may elect to reinstate
maintenance services by paying all maintenance fees that would have been due had Licensee not canceled maintenance services, in addition to the
,faintenarce Pee for the then currant maintenance period.
Licensee may mettle: the (kSGN iewl?irect$%-hf VS and ASCi-Viewl)irect* Itii vS —Packet Production licensed Product(s) on a Single Cpl; of the
13esignated Ltion provided Licensee does not exceed a Group tl4 C;Yi?. Should Licensee exceed a tn-qup 40 CPL+', Licensee shall provide
ASG with prior n rotiee of'sucf: increase and Iacensaa shall pay an up2}ade #"ae eslarlated as tf e difisance betxeen the then prevailing
license fee for the greater CPU and the then prevailing license fee for the previous CPU. Should Licensee upgrade its CPCS, the additional Animal
'daintonance Tree shall be caloalated as ten percent (10%) of the applicable upgrade foe. The additional Annual Maintenance i�ee gnat � payable
of the time of upgrade (prorated from the effective date of the upgrade to the end of the applicable annual term) and for each annual term
thereafter.
'£lye Total Pee includes fen (14) days of professional services to be rendered by ASCi to Licensee prior to December 30, 2405, and at times and
dates to be mntuafty agreed upon, licensee shall be responsible for reimbursing ASG for reasonable travel and related expenses.
rite Licensed Products mall be navameif by this Exhibit C and this Ageemet:t, end any pricy Fxliibi#(s) or agreement(s) r<la*ang thereto are
beFenv superseded.
t=anPkitrTAR Y ilFrRAf is to:;
;v t'�+r vsss er dis_tevur� eL:ai<ic
7i.LE4 � s S t;k4i;i'. IxfC_ a*:� Li�.iJvET•;Ei
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CI'IYEECRETARY ;,
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.b1-I
`1V1&C Review
Page 1 of 2
O(ficl�l site „q- t3�;: i;ity of Fcr� t�'J���tl;, _ exas
DATE: 6/9/2009 REFERENCE NO.: P-10977 LOG NAME: 13P09-0044
CODE: P TYPE: NON -CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize a Purchase Agreement with Allen Systems Group, Inc., for 200 Mobius System
Software Licenses and Maintenance for the Information Technology Solutions
Department for an Amount up to $259,000.00
RECOMMENDATION:
It is recommended that the City Council authorize a purchase agreement with Allen Systems Group,
Inc., for 200 Mobius system software licenses and maintenance, for the Information Technology
Solutions Department, using General Services Administration contract number GS-35F-00456M for
an amount up to $259,000.00.
DISCUSSION:
Allen Systems Group, Inc., (ASG) Mobius (now ViewDirect) software is currently installed on the City's
mainframe computer. As part of the City's Enterprise Resource Planning (ERP) initiatives, the
mainframe will be decommissioned, removed from the City's environment and replaced by network
servers. The City has been using Mobius/ViewDirect report archival software for its Human Resources
and Finance applications for many years. ViewDirect software provides capture, retention and online
viewing capabilities of reports generated from the applications, both mainframe -based and server -
based. The main users of this system are the Financial Management Services and Human Resources
Departments. The ability to archive and view these reports online reduces paper and production costs
associated with hardcopy report generation. The Information Technology Solutions Department (ITS)
maintains and supports this system for its users.
This agreement supports the City's ViewDirect environment ensuring its operation and support so that
the City has continued access to historical information, as well as continued ability to archive required
reports. The network version of ViewDirect allows the archival of non -mainframe generated reports,
including any report archiving requirements from the City's ERP initiatives.
This purchase cannot be delayed without impacting ViewDirect supported processes, such as access
to historical and personnel reports. ViewDirect enables the City to be more responsive to information
requests from auditors and others for critical projects such as support for the Comprehensive Annual
Financial Report (CAFR). The network version of ViewDirect is the most effective method to ensure
access to the report archives and meet the City's reporting needs.
The previous agreement was issued for an unlimited number of licenses for users to access the
system. Today, unlimited licenses for this system would cost $2.6 million for the agreement term. ITS
avoided this higher cost by switching from unlimited licenses to 200 session licenses, a quantity of
licenses that will best meet the City's needs for the agreement term. Under the new agreement, there
is no method to adjust the number of licenses needed by the City or the total cost.
The previous agreement was extended from March 26, 2009, to June 30, 2009, to allow negotiation of
this requested agreement.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11654&councildate=6/9/2009 6/25/2009
�M&C Review
Page 2 of 2
State law provides that a local government purchasing an item under a General Services
Administration (GSA) contract satisfies state laws requiring that the local government seek competitive
bids for purchase of the item. GSA contracts have been competitively bid to increase and simplify the
purchasing power of local government entities.
M/WBE - 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 or services is
from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS -Upon City Council approval, this agreement will be effective beginning June
30, 2009, and expire on April 28, 2012, to coincide with the expiration date of GSA contract number
GS-35F-00456M.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Information Systems Fund.
BQN\13P09-0044\AMG
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Karen Montgomery (6222)
Lena Ellis (8517)
Jack Dale (8357)
Angela Gonzales (7648)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11654&councildate=6/9/2009 6/25/2009