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HomeMy WebLinkAboutAgreement A-16-494-1 with Accruent, LLC..pdf1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT to Agreement No. 16-494 ( "Amendment I") is made and entered into this 12th day of December, 2017, by and between the County of Fresno, a political subdivision of the State of California (hereinafter "COUNTY"), and Accruent, LLC, a Texas limited Liability corporation whose address is 10801-2 North Mopac Expressway, Suite 400, Austin, Texas 78759 (hereinafter "CONTRACTOR"). WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 16-494, dated August 9, 2016 ( "Agreement") pursuant to which CONTRACTOR agreed to provide a new Computerized Maintenance Management System ("CMMS") that includes work order management, inventory control, wireless functionality, utility management, and capital projects components; and WHEREAS, COUNTY has the need for additional products and services including AppTree, Advanced Inventory, Web Services Based Integration, VFA Process Mapping, Facility Conditions Assessment, Equipment Inventory, and Preventive Maintenance Schedule; and WHEREAS, COUNTY AND CONTRACTOR now desire to amend the Agreement in order to include the additional products and services and increase the maximum compensation amount. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as follows: The portion of the existing Agreement No. 16-494, as set forth on page 3, beginning on line 26 with the section heading "6. COMPENSATION/INVOICING" and ending on page 4, line 26 with the word "CONTRACTOR," is hereby deleted and replaced with the following: 6.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation as follows: -1- Agreement No. 16-494-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A ANNUAL LICENSE, MAINTENANCE AND SUPPORT FEES: 1)FAMIS Cloud Maintenance: Base Package 2)VFA Facility 3)AssetConnect 4)AppTree (Year 1 prorated at $8,435.00) 5)Advanced Inventory (Year 1 prorated at $8, 120.00) 6)Web Based Services Integration 7)VFA Auditor (To be purchased no sooner than Year 3; first year of fees to be prorated at time of implementation at noted annual rate) B.ONE TIME TRAINING AND IMPLEMENTATION FEES: 1)FAMIS Base Package Implementation and Training Fees 2)VFA Facility Implementation and Training Fee 3)AssetConnect Implementation and Training Fee 4)Web Based Services Integration Implementation and Training Fee 5)VFA Navigator Lite (To be purchased no sooner than Year 3) 6)VFA Process Mapping and Client Care 7)Conditions Assessment 8)Equipment Inventory 9)Preventative Maintenance Schedule 10)FAMIS change order 12/19/16 11)FAMIS change order 6/1/17 $34,800.00 $34,800.00 $6,960.00 $14,616.00 $13,920.00 $3,00 0.00 $34,800.00 $31,500.00 $10,000.00 $10,000.00 $4,800.00 $15,250.00 $17,850.00 $226,035.00 $110,000.00 $26,000.00 $4,375.00 $5,075.00 25 License, maintenance, support, training, and implementation fees shall not exceed 26 $1,090,784 in total for the potential five (5) year term of this Agreem ent. 27 28 -2- 1 C.ADDITIONAL FEES, PRODUCTS, OR SERVICES 2 Contractor may provide additional products and services for additional fees. Also, COUNTY 3 may incur other additional fees as specified in the SOW Attachment 3). Pricing for additional 4 products and/or services will be based upon then current pricing of the product and/or service. All 5 such additional fees, products or services shall not exceed $29,2 16.0 0 in total for the potential five- 6 year term of this Agreement. Expenditures for additional products, additional services, or any 7 additional fees must be expressly approved in writing by the COUNTY's Contract Administrator. 8 CONTRACTOR shall submit invoices (which must reference the provided Agreement 9 number) electronically to ISDBusinessOffice@co.fresno.ca.us and via courier mail at 333 W. 10 Pontiac Way, Clovis, Ca. 93612, Attention to: County of Fresno, ISO Business Office. Payment 11 shall be made by COUNTY within forty-five (45) days from receipt of an approved invoice. 12 In no event shall the maximum compensation under this Agreement be in excess of 13 $1 ,120,000 for the entire potential five (5) year term of this Agreement. It is understood that all 14 expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be 15 borne by CONTRACTOR." 16 COUNTY and CONTRACTOR agree that this Amendment I is sufficient to amend the 17 Agreement and that upon execution of this Amendment I, the Agreement and this Amendment I 18 shall together be considered the Agreement. 19 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 20 covenants, conditions and promises contained in the Agreement and not amended herein sha ll 21 remain in full force and effect. 22 23 24 25 26 27 28 -3- 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the day and 2 year first hereinabove written. 3 CONTRACTOR : lt--=-Q --L..-=::...-----L---+---=.,..C...--- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accruent, LLC. 10801-2 North Mopac Expressway, Suite 400 Austin , Texas 78759 FOR ACCOUNTING USE ONLY: Facility Services ORG No.: 8935 Account No./Fund : 7205/1045/10000 -4- COUNTY OF FRESNO IL ti_ Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk to the Board of Supervisors County of Fresno, State of California By : ~SO-,,,o =t\SY\0\6> Deputy 1