HomeMy WebLinkAboutP-20-522 Amendment 1.pdf COU��
County of Fresno
INTERNAL SERVICES DEPARTMENT
185 0 Facilities • Fleet•Graphics• Purchasing •Security•Technology
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AMENDMENT NUMBER ONE (1)
Agreement Number: P-20-522
December 13, 2023
InterSystems Corporation
One Memorial Drive
Cambridge, MA 02142
Contract Number P-20-522 covering Cache Elite Maintenance and Support is amended as follows:
The contract with your company expires December 31, 2023. The County of Fresno desires to extend
this contract effective January 1, 2024 through August 31, 2024. Prices will be firm for the contract period
and in accordance with the Revised Attachment"A". Amendment provisions shall remain in full force and
effect with any contract renewals.
Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as
provided in this section.
A. An "electronic signature" means any symbol or process intended by an individual signing this
Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
version of an original handwritten signature; or(3) an electronically scanned and transmitted (for
example by PDF document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force
and effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements
of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each
other party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic
means and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS.
If you have any questions, please contact Chanvathei Lonh, Purchasing Analyst, at(559) 600-7110 or
email CLONHC@fresnocountyca.gov.
333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
*The County of Fresno is an Equal Employment Opportunity Employer*
CONTRACT NO. P-20-522 Page 2
InterSystems Corporation
December 13, 2023
FOR THE COUNTY OF FRESNO
Digitally signed by Manuel M.
Manuel M. Vilanova Vilanova
Date:2024.01.02 09:01:09-08'00'
Manuel Vilanova
Deputy Director- ISD
333 W. Pontiac Way
Clovis, CA 93612
MV:CL
P-20-522 Amendment 1
CONTRACT NO. P-20-522 Page 3
InterSystems Corporation
December 13, 2023
CONTRACTOR TO COMPLETE:
Company: InterSystems Corporation
Type of Entity:
❑ Individual ❑ Limited Liability Company
❑ Sole Proprietorship ❑ Limited Liability Partnership
■❑ Corporation ❑ General Partnership
Digitally signed by Lawrence Bradley
Signature Date:2023.12.22 16:50:15-05'00'
Lawrence Bradley, General Counsel and Assistant Secretary
Print Name and Title Date
Legal Counsel and Officer with authority to bind the Corporation
Signature
Print Name and Title Date
Address City State Zip
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
ACCOUNTING USE ONLY
ORG No.: 8905
Account No.: 7311
Requisition No.: 8905240210
(8/2022)
P-20-522 Amendment 1
CONTRACT NO. P-20-522 Page 4
InterSystems Corporation
December 13, 2023
REVISED ATTACHMENT A
InterSystems® End User License Profile and
Health I Business I Government Order Form (SUTA Renewal)
The undersigned End User is ordering the following License from the InterSystems entity
identified below ("InterSystems' to use the Licensed Software identified below. The current
size, scope and limitations of your License are reflected in this License Profile and Order
Form. This License Profile and Order Form will be amended and restated by InterSystems
from time to time if the scope of your License changes.
Effective Date: November 1, 2023
End User Customer
Customer Name: The County of Fresno
Contact Person: Information Technology Services Department
Address: 2048 North Fine Ave.
City: Fresno State: CA
Zip/Postal Code: 93727 Country: USA
Licensed Agreement
The following Licensed Software is licensed to you by InterSystems Corporation pursuant to
the Contract by and between the County of Fresno and InterSystems Corporation dated as of
October 11, 2012 ("License Agreement").
Licensed Software
The End User hereby orders a License to use the following Licensed Software in the following
size.
Product Type Quantity* Server Platform License ID
Cache Elite—Concurrent Users 40 Single Specific 2356
for x86-64(Microsoft Windows) Concurrent
Users
Cache Elite—Concurrent Users 10 Single Specific 596652
for x86-64(Microsoft Windows) Concurrent
Users
Cache 5.0 Enterprise— 30 Multi Specific 2353
Concurrent Users for Intel Concurrent
(Windows) Users
*As of the effective date of this License Profile and Order
Product Terms —The Product Terms for the Licensed Software can be found in the License
Agreement.
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P-20-522 Amendment 1
CONTRACT NO. P-20-522 Page 5
InterSystems Corporation
December 13, 2023
Fees
The following fees are due as a result of this order.
Product Ordered Current SUTA Fees*
Cache Elite—Concurrent Users for x86- 40 Concurrent $7,048.80
64(Microsoft Windows) Users
Cache Elite—Concurrent Users for x86- 10 Concurrent $1,762.20
64(Microsoft Windows) Users
Cache 5.0 Enterprise—Concurrent Users 30 Concurrent $10,705.20
for Intel(Windows) Users
ANNUAL TOTAL $19,516.20
*Billed annually
SUTA Fees are subject to annual adjustment in accordance with the Product Terms.
License Type
Paid up 30-year license (Software Update and Technical Assistance services purchased
separately)
License Size Adjustment
The current size of your License is shown above. If your Licensed Software usage increases,
you are required to promptly upgrade your License to an appropriate size. Any such upgrade
shall be reflected in an amended and restated License Profile stating your new License size.
InterSystems may periodically send you a statement listing the current metric values used to
determine the size of your License. Within 30 days, you shall certify that these values are
correct or provide updated values if they are not. InterSystems reserves the right to audit
your Licensed Software usage from time to time.
License Scope
Your License enables you to use the Licensed Software internally within your in the conduct
of your business. You may not use the Licensed Software to provide services to your
customers or other third parties or to exchange data or information with third parties.
You may use the Licensed Software only at or for the covered facilities listed below and only
for internal business purposes at those covered facilities. (If"All"is indicated, then all
facilities operated by you are covered.)
Covered Facilities / Organizations
A#
In placing this order, you confirm that:
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P-20-522 Amendment 1
CONTRACT NO. P-20-522 Page 6
InterSystems Corporation
December 13, 2023
(a)This License Profile and Order Form, when signed by InterSystems, will be governed
by and complies with the conditions of the License Agreement and all Licensed
Software and Support Services will be provided in accordance with the License
Agreement;
(b)The metric values and/or license size listed above are accurate as of the Effective
Date and you will promptly notify InterSystems of any material increase; and
(c) You will pay all fees in accordance with the Product Terms and this License Profile and
Order Form.
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P-20-522 Amendment 1