HomeMy WebLinkAboutCORRESPONDENCE - RFP - 7542 PERFORMANCE MEASUREMENT SOFTWARE (2)Page 1 of 2
First Amendment to the Software License Agreement
between the City of Fort Collins
and Ascendant Strategy Management Group
This First Amendment (“First Amendment”) is entered into by and between the City of Fort
Collins, Colorado (the “City”) and Ascendant Strategy Management Group (“Company”).
WHEREAS, the parties entered into a Software License Agreement for Performance
Management Software under Request for Proposal 7542 with an execution date of October 14,
2013 (the “Agreement”); and
WHEREAS, pursuant to the City’s Municipal Code, Sec. 8-136(a)(1) the Purchasing Agent
is authorized to enter a multi-year contract for software licensing and/or maintenance for a period
up to ten (10) years; and
WHEREAS, the parties wish to extend the Agreement for a term of three (3) years for the
period October 14, 2020 through October 13, 2023; and
WHEREAS, pursuant to the City’s Municipal Code, Sec. 8-186(b) multi-year contracts
shall be expressly contingent upon the annual budgeting and appropriation of sufficient funds on
an annual basis.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Agreement Section 4, License Fee, paragraph “a” is deleted in its entirety and replaced
with the following:
Deliverable Description October 14, 2020 – October 13 - 2023
ClearPoint SaaS 35 full users $37,000 per year or $111,000 for three years
Software User 75 update only users
Licenses 2 premium support licenses
Dashboard hosting
Discount 8.1% ($9,000)
Total per year Due at the beginning of
each renewal period
$34,000.00
2. Agreement Section 9, Term and Termination, is amended to delete in its entirety and
replace with the following:
a. Term. The Agreement term shall be October 14, 2020 through October 13, 2023.
b. Appropriation. To the extent this Agreement or any provision in it constitutes a
multiple fiscal year debt or financial obligation of the City, it shall be subject to
annual appropriation by City Council as required in Article V, Section 8(b) of the
City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado
Constitution. The City shall have no obligation to continue this Agreement in any
fiscal year for which no such supporting appropriation has been made.
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Except as expressly amended by this First Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect. In the event of a conflict between the terms of
the Agreement and First Amendment, the First Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this First Amendment the day and
year written below.
CITY OF FORT COLLINS ASCENDANT STRATEGY MANAGEMENT
GROUP
By: By: _______________________________
Gerry Paul, Purchasing Director Ted K. Jackson, Managing Partner
Date: Date: 10/15/2020
10/16/2020