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HomeMy WebLinkAbout25L - SOFTWARE MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT WITH BENTLEY SYSTEMS, INC. - - - CITY MANAGER RECOMMENDED ACTION Authorize the City Manager attached third amendment to software maintenance and engineering software used i exceed $39,900 per year. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER and the Clerk of the Council to execute the the agreement with Bentley Systems, Inc. for technical support for the specialized n the Public Works Agency in an amount not to The Public Works Agency utilizes a number of specialized engineering software products for its computer design services and for accessing data on the Geographic Information System. Bentley Systems, Inc. owns and maintains this software. A software maintenance agreement is needed to ensure that the City receives software upgrades, phone and on-line support. The City executed an agreement in 2005 established by the California Department of General Services through a California Multiple Awards Schedule for software maintenance and technical support. This amendment will extend that agreement for a period of two years--from December 1, 2009 through November 30, 2011--for an amount not to exceed $39,900 per year. FISCAL IMPACT The annual cost of the maintenance agreement is estimated to be $39,900. Funds are budgeted in the current fiscal year for this agreement in the Public Works Administration account for other contractual services (account no. 10117601-62300). Funds for the second year of the amendment will be included in the FY 10-11 budget. APPROVED AS TO FUNDS AND ACCOUNTS: George A arez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25L-1 Amendment No. 3 to Bentley SELECT Program Agreement No. 10362400 This Amendment ("Amendment ") dated November 2, 2009, by and between Bentley Systems, Incorporated, a Delaware corporation, with principal offices at 685 Stockton Drive, Eaton, PA 19341 ("Bentley"), and the City of Santa Ana, a charter city and municipal corporation, having its principal office at 20 Civic Center Plaza, Suite M-21, Santa Ana, CA 92702 ("Subscriber"). WHEREAS, Bentley and Subscriber entered into Agreement N-2008-010, dated January 25, 2008 (hereinafter "said Agreement"), by which Bentley has provided software licensing and support for Subscriber. Bentley and Subscriber wish to extend the term of said Agreement to allow Subscriber to continue to utilize the Subscription Licenses, and purchase an additional license, upon the terms and conditions set forth in said Agreement, as amended by Amendment No. 1 to said Agreement. This Amendment shall be effective on the date first set forth above. NOW THEREFORE, the parties hereby agree as follows: 1. Upon execution of this Amendment No.3, by both parties, and Subscriber's payment of annual license fees in the amount of $35,253.41, plus tax, the following licenses will be renewed and/or activated for aone-year term, from December 1, 2009 through November 30, 2010. The total amount to be expended during the renewal term shall not exceed $39,900.00. Product MicroStation Select Bentley InRoads Storm/ Sanitary Select Bentley InRoads Select Bentley InRoads Survey Select Bentley InRoads Survey PPA Bentley Water GEMS Select Qty. Unit Price Discount Total 40 $ 592.51 5% $22,515.38 2 568.81 5% 1,080.74 4 1,137.61 5% 1,322.92 2 284.40 5% 540.36 2 713.00 2.5% 1,390.35 1 5,686.06 5% 5,403.88 Total $35,253.41 During the extended license term, City may exchange licenses listed above, for other or additional licenses. 2. Except as herein amended, all terms and conditions of said Agreement, as amended by Amendment No.l, shall remain in full force and effect. /// 25L-2 /// IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the date and year first written above. CITY OF SANTA ANA BENTLEY SYSTEMS, INCORPORATED DAVID N. REAM City Manager (Name) (Title) ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GEORGE ALVAREZ Acting Director -Public Works 25L-3 25L-4