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F
EXHIBIT n to License Agreemefi;Y SECRETARY
NO,
Dated 11&2001 (Exhibit Date) NTRACT
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
DocumentDirect Windows
Options: OS/390 Server Access Sessions
Network Server Access Sessions
AFP Sessions
DJDE/Metacode unLSessions
Postscript Sessions
PCL Sessions
Image imi Sessions
HPTS Image Sessions
Siebel Interface Sessions
ViewDirect API Sessions
DocumentDirect Application Suite Windows
Options: OS/390 Server Access Sessions
Network Server Access Sessions
AFP Sessions
DJDE/Metacode Sessions
Postscript Sessions
PCL Sessions
Image Sessions
HPTS Image Sessions
Siebel Interface Sessions
DocuAnalyzer Windows Seats
2. INSTALLATION SPECIFICATIONS
Address of Installation Sites Designated CPU's CPU Serial Nos.
1000 Throckmorton
Fort Worth, TX 76102
3. LICENSE TERM
The license shall be for an initial term of fifteen (15) years (License Term) from the Exhibit Date specified above.
For upgrades, the License Term shall date from the original Exhibit Date.
r
M0147 20010101 CLIENTOTF
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4. PAYMENT
The License/yJA5&?10b (cross out one) fee is $ 22,500 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 described in paragraphs 56 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 five (5) 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 (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.
IN WITNESS WHEREOF, the parties hereto have executed this Exhibit 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: g ✓ By:
(Signature) ature)
0-"Aay�PS 'k f Mitchell Gross, President & CEO
(Print Name and Title)Qbc�k �}„� (Y1(�nC�c�►�(Print Name and Title)
DD
(Date) (Date)
s� M0147 20010101 CLIENTOTF
Page 1 of
ADDENDUM TO EXHIBIT D
Dated 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 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 Addendum, the terms of this
Addendum shall have effect.
Exhibit D, Section 3, License Term
Replace 'fifteen (15)"with "five (5)".
Exhibit D, Section 4, Payment
Replace "fifteen 15" with "five (5)".
License fee is to be paid in five equal annual payments of$4,500.
Exhibit D, 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 5%
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 D shall not
increase by more than 10% per year over the previous year's paid up maintenance fee."
MO 147 20010101 AEX
Page 2 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) (MOBIUS)
1000 Throckmorton
120 Old Post Road
(Address)
Fort Worth, Tx 76102 Rye, New York 10580
(Address)
By: g - By:
(Signature) S' ature)
otayle--<' I, �j .� ( Mitchell Gross, President & CEO
(Print Name and Title) �A -�w (Print Name and Title)
(Date) (Date)
Approved as to form
ATTES Y - Vq
-ontract Authorization Up?°
fa
M0147 20010101 AEX Date
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/13/01 **P-9493 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 I ACCOUNT I 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