AMENDMENT TO AGREEMENT$
ART AN
YOUR SUCCESS. OUR PASSION.
l # a
City of Clearwater.
7/01/2014
Quotation is valid through: 7130/2014
CUSTOMER CONTACT INFORMATION'
City of Clearwater
Daniel Mayer
P.O. Box 4748
Clearwater, FL 33758
QUOTE INFORMATION
Payment Terms : Net 30
M&S Bitting Frequency : Annually
PROPOSAL NOTES
QUOTE DETAILS
SUBSCRIPTION
Product
License
Metric
QUOTATION
2014-27541
Qty Maintenance Maintenance
Start Date End Date
Price
Subscription
Ross - Term License Fee fixed
1
07/01/2015
06/30/2016
USD 92,763.30
USD 92,763.30
Software Total = USD 92,763.30
Annual
Subscription Total = USD 92,763,30
Prorated
Subscription Total = USD 92,763.30
Qt.10TE DT&
NOTES:
1. Applicable taxes not included
2. Aptean has a No Refund policy
3. 00 NOT PAY FROM THIS QUOTATION
To request an invoice for this quote, please contact:
2
Quote Total = USD 92,763.30
2014-29416
Account Manager: Dan Dufault
Billing Entity: Aptean, Inc.
Phone:
Email: Dan.Dufautt@aptean.com
2014-29416
CUSTOMER ORDER FORM
This Customer Order Form, with an Order Date of June _2014, is hereby incorporated into the Master Solution
Agreement (the "Agreement") dated June _, 2014 between Aptean, Inc. ("Aptean") and City of Clearwater
("Customer). Aptean will provide Customer with the following solution pursuant to the General Terms and Conditions
and Exhibits of the Agreement, all of which are incorporated herein by reference:
Sales Person: Dan Dufault
Order Date:
Customer Contact:
Purchase Order
Primary Contact Information
Billing Information
Name:
Name: Daniel Mayer
Title:
Title:
Address:
'
Address:
P.O.Box 4748
Clearwater, FL 33758
Phone:
Phone:
Fax:
Fax:
Email:
Email:
Business Terms:
Invoicing and Payment Terms: Aptean will invoice Customer upon execution of this Agreement for the License Fees, the
Maintenance Fees for the Initial Maintenance Term as stated below, and the Hosting Fees, if any for the first month for
the applicable Hosting Term as stated below. Thereafter, Maintenance Fees will be invoiced on an annual basis in
accordance with the terms and conditions as set forth in the Agreement; and unless otherwise stated below, any
applicable Hosting Fees will be invoiced on a prorated monthly basis for each Hosting Term as set forth below. All
invoices are due and payable in accordance with the terms and conditions of the Agreement or any addendum modifying
such.
Softvvare Subscription Fees for Initial/Additional Users.
License Metric
Qty
Ross - Term License Fee
fixed
1
Total
USD 92,763.30
Subscription Services:
4
.... ........................... .
Software Subscription Fees for Initial /Additional Users:
License Metric
Qty
Type of Subscription Services:
Ross - Standard
Subscription Start Date
7/01/2015
Deal Term (in Months)
48
Subscription Fees for Year 1 of Initial Subscription Term
USD 92,76130
5
AMENDMENT TO AGREEMENT BETWEEN CITY OF CLEARWATER & aptean, inc.
City of Clearwater,
Byr
ORDER FORM SIGNATURE PAGE
George N. Cre
Mayor
Printed Name
Title:
Date:
By: toaCt4,,,As
William B. Home II
City Manager
Approv d as to form:
)/647Laura Mahony
Assistant City Attorney
By:
Authorized "gnature
Aptean, Inc.
044‘4111"-
Printed Name
Title:
Date:
6
4fs-iliti
AMENDMENT TO AGREEMENT
BETWEEN
City of Clearwater ("Customer")
AND
APTEAN, INC. ("Aptean")
This Amendment ("Amendment") amends the Master Solution Agreement, which includes any exhibits and
schedules attached thereto, between Customer and Aptean executed by the Customer on June 30, 2014 (the
"Agreement"). In case of any conflict between the Agreement and this Amendment, the terms and conditions of this
Amendment shall control. Except as otherwise modified herein, all terms and conditions of the Agreement shall
remain in full force and effect.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. In return for a fee of $371,053.20 ("Term License Fee"), to be paid to Aptean according to the below
schedule, Aptean will (i) extend the license term for the Licensed Software as per Section 10(a) of the
Agreement and (ii) provide Maintenance Senices for the period beginning July 1, 2015 through June 30,
2019 for the Licensed Software. Customer hereby acknowledges and agrees that if a Software product is
not listed below, then any such non-listed Software is not subject to, nor included in, the amounts listed in
this Section 1, and additional maintenance fees shall apply for any such non-listed Software. Customer's
annual license fees for the Licensed Software shall be as follows:
Annual Period
July 1, 2015 through June 30, 2016
July I , 2016 through June 30, 2017
July 1, 2017 through June 30, 2018
July 1,2018 through June 30, 2019
Annual License Fee
$92,763.30 ("Annual Period One")
$92,763.30 ("Annual Period Two")
$92,763.30 ("Annual Period Three')
$92,763.30 ("Annual Period Four")
"Annual Period" means each of the periods described above and will be deemed a License Period as
defined in the Agreement. "Annual License Fee" means each of the license fees described above and will
be deemed a License Fee as defined in the Agreement.
All fees specified in this Paragraph 1 are in US Dollars and do not include applicable sales tax.
2. The Software covered by the four (4) year commitment period specified in Section 1 above is:
REV 2014/02/18
Software Product Quantity
ERP User CAL
Internet Application Framework
iRenaissance Purchase Order Processing
GB PRI DEV
iRenaissance Accounts Payable
iRenaissance Accounts Receivable
iRenaissance Fixed Assets
Renaissance General Ledger
Renaissance Inventory Control
iRenaissance Materials MGIVIT
TestiDevelopinent CPU
AMENDMENT
PAGE 1 OF 3
60
2
CONFIDENTIAL
AMENDMENT TO AGREEMENT BETWEEN CITY OF CLEARWATER AND APTEAN, INC
IN WITNESS HEREOF, each party has executed this Amendment effective as of the last date entered in
the signature blocks below (the "Effective Date) and represents and warrants to the other that its execution has been
duly authorized
City of Clearwater, Florida
By .-- CtejDrktAa t\tt2473
George N. Cretekos
Mayor
Date q
CLLC.6
By A) k
William B. Home H
City Manager
Ap mve to form:
By
APTE
Name Printed 1141(2, kV>
Zikr At,
Title
Date
Assistant City Attorney
t1102-4 MAthJy
Attest:
Rosemarie Call
City Clerk
REV 2014/02/18
AMENDMENT
PAGE 3 OF 3
CONFIDENTIAL
Customer understands that, if a Software product is not listed above, then any such non- listed Software is
not subject to nor included in the amounts listed in Section 1, and additional maintenance fees shall apply
for any such non - listed Software.
3. Except for termination due to a material breach by Aptean, in the event Customer cancels the term license
at any time prior to June 30, 2019, Customer agrees to immediately pay the outstanding Term License Fee
that Aptean would have received for the four (4) year commitment period commencing on July 1, 2015 and
ending on June 30, 2019, less any amounts previously paid by Customer for the aforementioned period.
The parties agree that this payment is to be considered liquidated damages, and not a penalty, and the
parties agree that this amount is a fair and reasonable estimation of Aptean's damages in the event
Customer breaches Customer's obligation to maintain the term Iicense through June 30, 2019.
5. Payment of the Annual License Fee for Annual Period One is due and payable within fifteen (15) days
prior to the Annual Period One start date, July 1, 2015.
6. The terms and conditions stated herein are expressly contingent upon Customer's execution of this
Amendment by July 30, 2014.
REV 2014102/18
(Signature Page to Follow)
AMENDMENT
PAGE 2 OF 3
CONFIDENTIAL