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Home My WebLink AboutUNISYS CORPORATION 1A-2005 A-200S-131 Ii. Ct /.~o/ 05 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND UNISYS CORPORATION t, '. An> (j. b~(J\I\ THIS SECOND AMENDMENT, is made and entered into this 30 day of June, 2005, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and Unisys Corporation ("Vendor"). RE~HAL.s A. The City and the Vendor entered into that certain agreement in March of2001, hereinafter referred to as "said Agreement", to provide the City with computer hardware maintenance, software support and software licensing. B. On May 21, 2002, Parties entered into an Amendment to said Agreement numbered for reference A-2002-077, the terms of which remain in effect. C. The parties hereto now desire to amend said Agreement a second time to revise the list of products applicable to said Agreement, to extend the term of said Agreement, and to increase the compensation of said Agreement WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1, of said Agreement, pertaining to "Terms and Conditions" of said Agreement is hereby amended to extend the Term of said Agreement until June 30, 2008. 2 Section 2, of said Agreement, pertaining to "Scope of Services" of said Agreement is hereby amended to replace the services as defined in Exhibit A Supplemental Schedule Order number 99120112, with the services defined in Exhibit A, Supplemental Schedule Order and Software License Schedule(for the period of 6/30/05 & endingon 6/30/08). attached hereto and incorporated herein by reference. 3. Section 3, of said Agreement, pertaining to "Compensation" of said Agreement is hereby amended as follows: "The City will pay to Vendor total compensation under this Agreement in an amount which shall not exceed $212,000.00 with terms more fully defined in Exhibit A. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. SIGNATURES CONTINUED 1 of2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the date and year first above written. ATTEST: CITY OF SANTA ANA .~' :-aI:; .-Ge. Patricia E. Healy Clerk ofthe Council ~y /. / "'/./i)~ './-. " /A.' tL./tt.;t/- J, ,/...:;!I.<----- David N. Reanl City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney I I " ~~hlJ Ji~fi~~;a L' \t. :A; Deputy City Attorney :t(\~~'M'--'~'~ Francisco Gutierrez Executivebirector Finance & Management Services Agency RECOMMENDED FOR APPROVAL: Daniel J. Crossen Contracts Manager Unisys Corporation 3~ C> ~ F~ Lll; 20f2 . UNISYS Client Supplemental Schedule Order IAgreeme:~~;:~e; City of Santa Ana, Information Services M-12, 20 Civic Center Plaza, Santa Ana, CA 92701 Description of Products/Services V Series Software ETP (This order & term of the license shall commence on 6/30/05 & end on 6/30/08). Payment for the Extended Term Plan is due within 30 days of this amendment. EXHIBIT A This Order consists of the Products and/or services described on the forms listed and checked below: Check if Number Total dollars Fonn number Description applicable of pages o 12:1 o o o o o o o o o o o 43054931-005 4305 4933-005 43054934-001 4305 4940-004 4305 4942-002 4305 4944-002 4305 4935-001 4305 4936-002 Equipment Sale Schedule Software Licenses Schedule Information Services Schedule Support Services Addendum Support Services Schedule Support Services Schedule for Desktop Equipment Systems Integration Addendum State and Local Government Addendum This Supplemental Schedule Order ("Order") is placed under the Agreement identified by the Agreement Number listed above. Unisys may accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will assign an Agreement Number upon its acceptance of the Order. 1 $195,885 Agreement title and form number (complete only if there is no Agreement Number in the block above) ). l-c,( {, ) Agree Uni s Corporatio~ , i (Si ature) / (Printed/typed name) Daniel J. Crossen er Unisys Corporation (Title) Client: (SignabJr:~ /d7 06 29 05 (Date) Thomas J. Gergen (Printed/typed name) Manager. Information Services (Title) 43056209.008 (12/01) 'uNisys Software License Schedule (greeme;~~~~1b;~ Equipment Location City of Santa Ana, 20 Civic Center Plaza, Information Services M-12, Santa Ana, CA 92701 List of Products Applicable to this Agreement Rem Style Desaiplion' Quantity Woo. license plan Lice!lse Initial ~cense Installation no. (specifyETP charge charge charge tenTI) 1 V300-CE1 DEV AID: CANOE 1 36 25,442 2 V300-COB CMPLR: COBOL 74 1 36 39,432 3 V300-DM2 DATA MGT: DATA MGMT II 1 36 131,011 Page subtotal - Page subtotal - Page subtotal- Ucense charge Initial license cnarge Installation charge $ 195,885 $ $ T oa; Ucense Totalinitiat Total installation License Plans charge license charge charge 1. The initial license term (and the correspondin9 charges for licenses) begin upon Unisys shipment or $ 195,885 $ $ Client's download of the Software or Software key. Temporary backup use of Software may require Client to Grand ""'I purchase add.ional enabled performance for the backup SPU. $ 195,885 2. Licenses of Software for which Unisys charges either an Annual License Charge (ALC) or a Monthly License Charge (MLC) will continue on a month.to.month basis and the ALC will renew annually until the license is terminated or canceled in accordance w.h the Termination and Cancellation section of this Agreement. 3. For certain licenses, Unisys may charge an Initial License Charge which will Include the first monthly or annual charge. 4. Extended Term Plan (ETP): Licenses of Software for which Unisys charges a single tee may have a 12 to 84 month extended term. Upon expiration of the extended term, the license will be automatically continued on a month-la-month basis for a Monthly license Charge, unless terminated in accordance with the Termination and Cancellation section of this Agreement. or Client may pay another ETP fee for an add.ional extended term, if available. 5. One Time Charge (OTC): Client may use the Software for so long as Client continues to use the Software on the equipment, including SPUrs), tor which it was licensed in accordance with the Agreement. 6. Software that has no license charge listed on this Schedule will have a license term that is coterminous with Client's possession and use of the equipment on whK:h the Software is installed. of 1 * Software designated Subscription ("SUBSCRN") entnles Client to receive functional update releases for the Software during the subscription term, provided Client has a current license and the latest applicable Maintenance Releases for the Software. Software designated License Only ("LO") is provided without media or documentation; Client may make (a) one copy of the item for each LO license granted by Unisys, and (b) one copy for backup purposes, with each copy retaining all original notices and legends. Software designated Driver is for use solely with the device modie1s specified in the drivers then-current published specification: a separate license is required for each individual addressable device. 4305 4933~006 (6105)