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Home My WebLink AboutP-20-522 Amendment 2.pdf co County of Fresno INTERNAL SERVICES DEPARTMENT 1$5 Facilities• Fleet•Graphics• Purchasing • Security•Technology �Rv,S AMENDMENT NUMBER TWO (2) Agreement Number: P-20-522 August 1, 2024 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 August 31, 2024. The County of Fresno desires to extend this contract for an additional one (1) year period effective September 1, 2024 through August 31, 2025. 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 CLONH6a 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 August 1, 2024 FOR THE COUNTY OF FRESNO Digitally signed Riley Blckburn Riley Blackburn Date:2024.08.12y14:51:111a0700' Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-20-522 Amendment 2.docx CONTRACT NO. P-20-522 Page 3 InterSystems Corporation August 1, 2024 CONTRACTOR TO COMPLETE: Company: InterSystems Corporation Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership Q Corporation ❑ General Partnership Signature Lawrence Bradley, General Counsel and Asst Secretary Print Name and Title Date Signature Print Name and Title Date One Congress Street Boston MA 02144 Address City State Zip 617-621-6000 Legal@InterSystems.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 8905 Account No.: 7311 Requisition No.: 8905250030 (7/2024) P-20-522 Amendment 2.docx CONTRACT NO. P-20-522 Page 4 InterSystems Corporation August 1, 2024 R e vise d A tta ch m en t "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: 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 2358 forx86-64(Microsoft Windows) Concurrent Users Cache Elite—Concurrent Users 10 Single Specific 596652 forx86-64(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. 1 P-20-522 Amendment 2.docx CONTRACT NO. P-20-522 Page 5 InterSystems Corporation August 1, 2024 Re visedAttachment 'A" Fees The following fees are due as a result of this order. Product Ordered Current SUTA Fees* Cache Elite—Concurrent Users forx86- 40 Concurrent $7,392.00 64(Microsoft Windows) Users Cache Elite—Concurrent Users forx86- 10 Concurrent $1,848.00 64(Microsoft Windows) Users Cache 5.0 Enterprise—Concurrent Users 30 Concurrent $11,233.20 for Intel(Windows) Users ANNUAL TOTAL $20,473.20 *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: (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 2 P-20-522 Amendment 2.docx CONTRACT NO. P-20-522 Page 6 InterSystems Corporation August 1, 2024 Re visedAttachment 'A" 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. Accepted By County of Fresno InterSystems Corporation Digitally signed by Lawrence Bradley Date:2024.08.12 12:43:47-04'00' Authorized Signatory Date Authorized Signatory Date Digitally signed by Riley Riley Blackburn Blackburn Riley Blackburn Purchasing Manager Date:2024.08.13 08:53:21-07'00' Printed Name Title Printed Name Title 3 P-20-522 Amendment 2.docx