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HomeMy WebLinkAbout8255 - Amendment 1 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902 02/19/2030 Christa Christian 8255 - ADMS Public Outage Portal, Amendment 1 Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 Procurement 901 B Texas St., Denton, TX 76209  (940) 349-7100 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility April 25, 2022 Mr. Chris Carlson Open Systems International, Inc. (“Osi”), An Aspen Technology, Inc. Company 4101 Arrowhead Drive Medina MN 55340-9649 chris.carlson@aspentech.com Re: 8255 - Advanced Distribution Management System – Public Outage Portal Implementation and Licensing, Quote 34560 & 34561 Dear Mr. Carlson Thank you for being such a valued partner. By signing this Amendment below, COD and Open Systems International, Inc. (“Osi”), An Aspen Technology, Inc. Company agree that the Contract is hereby deemed amended to the updated Schedule of Charges, as shown in Attachment A. Except as amended by this Amendment, the Contract is not otherwise amended and all other terms and conditions of the Contract remain in full force and effect, as amended hereby. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall have the same effect as the delivery of original signatures. The City of Denton reserves the right to re-evaluate pricing as the market conditions change and can ask your firm to provide updated proposed pricing, including, but not limited to, a decrease in pricing, as a result of any such change. We look forward to future business with your firm. Regards, ____________________________ ___________________________ Christa Christian, CPPB Chris Carlson, Sales Purchasing Supervisor or Authorized Representative City of Denton Open Systems International, Inc. (“Osi”), An Aspen Technology, Inc. Company Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 QUOTATION Quote Number: 34560 Reference: DME2024-Q07-A Quote To: Denton Municipal Electric 1659 Spencer Rd. Denton TX 76205 USA Attention: (940) 349-7000 kenneth.darling@cityofdenton.com Kenneth Darling OSI Sales Contact: Name: chris.carlson@aspentech.com Phone: Chris Carlson Email:9/14/2024 Valid Until: 8/9/2024 Date: Addition of Public Outage Portal (POP) to ADMS - Implementation Quote Description: Description Qty Unit Cost Unit Extended Cost Base Quote Project Implementation POP Addition to ADMS At AspenTech and DME: - Public Outage Portal Implementation - Project Engineering and Design - Test System Setup - Software Installation and Configuration - Test System Q/A Testing - Post-Cutover Problem Resolution and Assistance - System Documentation Updates - Remote Networking Integration Assistance 1 41,400.00 EA US$ 41,400.00 Project Implementation Subtotal:41,400.00US$ Total:41,400.00US$ Page:1 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902 ATTACHMENT A Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 QUOTATION Quote Number: 34560 Reference: DME2024-Q07-A 1. Quoted work will be done in conjunction with the existing DME23 project 2. DME is responsible for providing: - Customer facing website/webserver - Map tile service - Host for POP application - http server (for POP) - Java JRE all as detailed in the POP release documentation 2. DME is responsible for providing customer facing website/webserver, map tile service, host for POP application, http server (for POP), and Java JRE all as detailed in the POP release documentation. 3. DME will need to provide or purchase a host server. 4. DME will also be responsible for integrated POP into their company website. Special Terms and Conditions: Bill To: City of Denton, Texas Denton TX 76201-4299 USA 215 E McKinney St Ship To: Denton Municipal Electric 1659 Spencer Rd. Denton TX 76205 USA Customer Address Info: Payment Terms: Net 30 Days 100% Upon Quote Acceptance Milestone Payment Details: Page:2 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 QUOTATION Quote Number: 34560 Reference: DME2024-Q07-A Standard Terms and Conditions 1. All quoted prices are in US Dollars ($), unless otherwise stated. 2. Travel and associated administrative costs are not included in this quote, and will be billed as incurred, unless otherwise stated. 3. Customer shall pay all applicable shipping and tariffs, unless otherwise stated. 4. Quoted price does not include applicable taxes, unless otherwise stated. 5. OSI will schedule all work upon receipt of the Customer’s written acceptance, subject to OSI’s resource availability. 6. Training, if applicable, will be provided at OSI’s facility, unless otherwise stated. 7. Training Units may be used for up to 18 months from the date of purchase; any remaining unused Units will expire thereafter. One Training Unit is equivalent to one student attending one day of instruction for OSI University courses in Minneapolis (including Web-U courses). 8. Customer shall provide all relevant system information required for the work as needed (i.e. databases, displays, reports, IP addresses, networking information, RTU channel information, etc.) and shall be responsible for all delays caused by Customer’s failure to do so in a timely manner. 9. Customer will have dedicated personnel available to assist OSI in the work, unless otherwise stated. 10. All third-party hardware purchased as part of this quote carries a standard OEM warranty, unless otherwise stated. All OSI hardware purchased as part of this quote carries a one-year warranty against defects from date of delivery, unless otherwise stated. 11. OSI does not guarantee that third-party goods will be available at time of quote acceptance. If third-party goods are not available, upon Customer's authorization, OSI will provide suitable replacements and bill any resulting cost differences to the Customer. Failure to timely authorize replacements may result in delays and/or need to re-quote. 12. When applicable, Customers subscribing to Gold or above Support Plans may be entitled to new software version updates without charge. With the exception of Diamond Plan subscribers, the Customer will be responsible to pay for any engineering services required to implement the software upgrades. 13. Unless otherwise agreed and quoted, Customer is responsible for all preparations for OSI’s installation of software, hardware or services and any post-installation compatibility testing and compliance issues. 14. Customer will provide adequate environmental and power conditions onsite, unless otherwise stated. 15. Cutover is defined as the quoted functionality being operational with no outstanding critical incidents. 16. Any Quote(s) for system upgrade services require(s) that at the time of actual implementation Customer has a valid premium monarch™  Support plan which includes software upgrade privileges and that the system size or scope does not change dramatically between the issuance of the quote and implementation of the service. 17. Customer Furnished Hardware and Software: Customer shall provide all required third-party equipment and software (“CFE”) for the Project except for the OSI-provided equipment identified in this quote. Customer shall be responsible to timely deliver all CFE to OSI in compliance with the mutually agreed upon Project Schedule for integration with the OSI software. Customer shall pay all shipping and insurance costs both to and from OSI and shall be responsible for all CFE warranties. 18. Export Controls: 18.1. Customer represents: It is not a citizen, national, or resident of, and is not under control of, the government of Cuba, Iran, Libya, North Korea, Syria, nor any country to which the United States has prohibited export and that it is not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor is it listed on the United States Department of Commerce Table of Denial Orders. 18.2. Customer agrees that it will not export or re-export the Product(s), directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries nor to any entity so listed on any of the above mentioned lists. 18.3. Customer agrees that it will not use the Product(s) for, and will not allow the Product(s) to be used for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. 18.4. The requirements of 18.2 and 18.3 above apply to all Product(s) purchased or licensed to Customer from OSI, whether included in this quote or purchased or licensed previously. Notice: OSI's quote is based upon Customer's acceptance of all applicable Terms and Conditions. Requests for additions to, deletions of, or different Terms and Conditions, may require a revised quote and/or additional costs or schedule delays. Page:3 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 Signature:Signature: Title:Title: Date:Date: Open Systems International Denton Municipal Electric Authorized Signatures Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902 8/23/2024 Purchasing Supervisor Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 9/5/2024 Vice President of Finance QUOTATION Quote Number: 34561 Reference: DME2024-Q07-B Quote To: Denton Municipal Electric 1659 Spencer Rd. Denton TX 76205 USA Attention: (940) 349-7000 kenneth.darling@cityofdenton.com Kenneth Darling OSI Sales Contact: Name: chris.carlson@aspentech.com Phone: Chris Carlson Email:9/14/2024 Valid Until: 8/12/2024 Date: Addition of Public Outage Portal (POP) to ADMS - Term Licensing Quote Description: Description Qty Unit Cost Unit Extended Cost Base Quote OSI Software Year 1 Term License AspenTech OSI Public Outage Portal License - 70,000 Meters 1-Year Term -- Includes OSI Gold Software Support 1 5,472.00 EA US$ 5,472.00 Year 2 Term License License: Same as Year 1 1 11,981.00 EA US$ 11,981.00 Year 3 Term License License: Same as Year 1 1 12,341.00 EA US$ 12,341.00 Year 4 Term License License: Same as Year 1 1 12,711.00 EA US$ 12,711.00 Year 5 Term License License: Same as Year 1 1 13,090.00 EA US$ 13,090.00 Year 6 Term License License: Same as Year 1 1 13,486.00 EA US$ 13,486.00 OSI Software Subtotal:69,081.00US$ Total:69,081.00US$ Page:1 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 QUOTATION Quote Number: 34561 Reference: DME2024-Q07-B 1. Pricing requires a 6 year term commitment. Invoices for years 2-6 will be issued at the renewal date each year. 2. A Term Software License Agreement or Amendment must be in place between OSI and Denton Municipal Electric (DME) prior to quote acceptance. Special Terms and Conditions: Bill To: City of Denton, Texas Denton TX 76201-4299 USA 215 E McKinney St Ship To: Denton Municipal Electric 1659 Spencer Rd. Denton TX 76205 USA Customer Address Info: Payment Terms: Net 30 Days 100% Year 1 Due Upon Quote Acceptance 100% Year 2 Due Upon Final Day of Year 1 100% Year 3 Due Upon Final Day of Year 2 100% Year 4 Due Upon Final Day of Year 3 100% Year 5 Due Upon Final Day of Year 4 100% Year 6 Due Upon Final Day of Year 5 Milestone Payment Details: Page:2 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 QUOTATION Quote Number: 34561 Reference: DME2024-Q07-B Standard Terms and Conditions 1. All quoted prices are in US Dollars ($), unless otherwise stated. 2. Travel and associated administrative costs are not included in this quote, and will be billed as incurred, unless otherwise stated. 3. Customer shall pay all applicable shipping and tariffs, unless otherwise stated. 4. Quoted price does not include applicable taxes, unless otherwise stated. 5. OSI will schedule all work upon receipt of the Customer’s written acceptance, subject to OSI’s resource availability. 6. Training, if applicable, will be provided at OSI’s facility, unless otherwise stated. 7. Training Units may be used for up to 18 months from the date of purchase; any remaining unused Units will expire thereafter. One Training Unit is equivalent to one student attending one day of instruction for OSI University courses in Minneapolis (including Web-U courses). 8. Customer shall provide all relevant system information required for the work as needed (i.e. databases, displays, reports, IP addresses, networking information, RTU channel information, etc.) and shall be responsible for all delays caused by Customer’s failure to do so in a timely manner. 9. Customer will have dedicated personnel available to assist OSI in the work, unless otherwise stated. 10. All third-party hardware purchased as part of this quote carries a standard OEM warranty, unless otherwise stated. All OSI hardware purchased as part of this quote carries a one-year warranty against defects from date of delivery, unless otherwise stated. 11. OSI does not guarantee that third-party goods will be available at time of quote acceptance. If third-party goods are not available, upon Customer's authorization, OSI will provide suitable replacements and bill any resulting cost differences to the Customer. Failure to timely authorize replacements may result in delays and/or need to re-quote. 12. When applicable, Customers subscribing to Gold or above Support Plans may be entitled to new software version updates without charge. With the exception of Diamond Plan subscribers, the Customer will be responsible to pay for any engineering services required to implement the software upgrades. 13. Unless otherwise agreed and quoted, Customer is responsible for all preparations for OSI’s installation of software, hardware or services and any post-installation compatibility testing and compliance issues. 14. Customer will provide adequate environmental and power conditions onsite, unless otherwise stated. 15. Cutover is defined as the quoted functionality being operational with no outstanding critical incidents. 16. Any Quote(s) for system upgrade services require(s) that at the time of actual implementation Customer has a valid premium monarch™  Support plan which includes software upgrade privileges and that the system size or scope does not change dramatically between the issuance of the quote and implementation of the service. 17. Customer Furnished Hardware and Software: Customer shall provide all required third-party equipment and software (“CFE”) for the Project except for the OSI-provided equipment identified in this quote. Customer shall be responsible to timely deliver all CFE to OSI in compliance with the mutually agreed upon Project Schedule for integration with the OSI software. Customer shall pay all shipping and insurance costs both to and from OSI and shall be responsible for all CFE warranties. 18. Export Controls: 18.1. Customer represents: It is not a citizen, national, or resident of, and is not under control of, the government of Cuba, Iran, Libya, North Korea, Syria, nor any country to which the United States has prohibited export and that it is not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor is it listed on the United States Department of Commerce Table of Denial Orders. 18.2. Customer agrees that it will not export or re-export the Product(s), directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries nor to any entity so listed on any of the above mentioned lists. 18.3. Customer agrees that it will not use the Product(s) for, and will not allow the Product(s) to be used for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. 18.4. The requirements of 18.2 and 18.3 above apply to all Product(s) purchased or licensed to Customer from OSI, whether included in this quote or purchased or licensed previously. Notice: OSI's quote is based upon Customer's acceptance of all applicable Terms and Conditions. Requests for additions to, deletions of, or different Terms and Conditions, may require a revised quote and/or additional costs or schedule delays. Page:3 of 3 Proprietary Open Systems International Inc. An Aspen Technology, Inc. Company 4101 Arrowhead Drive, Medina MN 55340-9649 Phone: (763) 551-0559  Fax: (763) 404-4007 email: info@osii.com  https://www.osii.com Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 Signature:Signature: Title:Title: Date:Date: Open Systems International Denton Municipal Electric Authorized Signatures Docusign Envelope ID: DC7FC1AE-0D84-43A6-BF2A-2D4D42C41902 8/23/2024 Purchasing Supervisor Docusign Envelope ID: C908BC9D-E694-476F-A3FB-6C3A6ABBE56ADocusign Envelope ID: 7229FC1F-33E0-46DF-AEC6-9A4B676A0368 9/5/2024 Vice President of Finance