Loading...
HomeMy WebLinkAbout8255 - Amendment 2 Executed DocuSign Transmittal Coversheet File Name Purchasing Contact Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 Christa Christian 8255 - ADMS, Amendment Additional Hours Procurement 901 B Texas St., Denton, TX 76209  (940) 349-7100 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility August 27, 2026 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: File # – 8255 - Advanced Distribution Management System – Public Outage Portal Implementation and Licensing,, Amendment 2 Dear Mr. Carlson: Thank you for being such a valued partner. By signing this Amendment below, City of Denton 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 or removal of individual line items, as a result of any such change. We look forward to future business with your firm. Regards, ____________________________ ___________________________ Christa Christian, CPPB Chris Carlson Procurement or Authorized Representative City of Denton Open Systems International, Inc. (“OSI”), An Aspen Technology, Inc. Company Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 Open Systems International, Inc. 4101 Arrowhead Dr Medina, MN 55340 9457 USA Tel: 1.781.221.6400 Fax: 1.617.812.0322 Order Document COVER PAGE Open Systems International, Inc. 4101 Arrowhead Dr Medina, MN 55340 9457 USA CUSTOMER: Denton Municipal Electric ATTN: Jerry Looper ADDRESS: 1659 Spencer Rd, Denton, Texas 76205, USA TELEPHONE: (940) 349-7676 EMAIL: jerry.looper@cityofdenton.com START DATE: TBD CONTRACT ID: C024812 QUOTE ID: DME2026-Q03 Rev3 VALID UNTIL: 30 September 2026 Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 1. AMENDMENT 1.1. By signing this Order Document, the Aspen Technology, Inc. entity or entities specified in the Cover Page (each, “AspenTech”) and the Customer specified on the Cover Page enter into an Order Document that consists of this Cover Page and the Attachments specified in Section 2.1 of this Cover Page, and shall be governed by: (i) for any professional services, the Contract 7718 between AspenTech and Customer dated 21 September 2021. This Order Document modifies the implementation services listed in RFP 8255 – Advanced Distribution Management System accepted by Customer on February 20, 2024. 2. ATTACHMENT(S) 2.1. Each Attachment listed below is hereby made a part hereof. • Exhibit B – Professional services (implementation, upgrade, and training services) 2.2. All fees stated in the Attachments are in US Dollars ($) and do not include applicable taxes, unless otherwise stated. 2.3. In the event of any conflict between this Cover Page and the Attachments, the Cover Page shall control. 3. GENERAL 3.1 Any purchase orders issued as a condition to the Customer signing this Cover Page or as Customer’s acceptance of this Order Document must contain a specific reference to the Contract ID set forth above. Upon request, AspenTech will reference a purchase order number in invoices issued hereunder; however, AspenTech expressly rejects any terms or conditions in any purchase order that are additional to, or different from, the terms hereof. If AspenTech signs and returns a purchase order or copy thereof, the parties agree that such AspenTech signature is provided solely as an accommodation to the Customer for the Customer’s internal administrative purposes, and does not signify AspenTech’ s acceptance of any terms that are additional to, or different from, those set forth herein. 3.2 The parties signatures below, whether manual or electronic and including signatures on counterpart signature pages, establish conclusive evidence of the arrangement, regardless of whether a purchase order is also issued. Executed signature pages sent by email scan, facsimile or otherwise by photocopy are valid means of signature and delivery. 3.3 Any notice given under this Order Document must be sent in writing to the other parties business address set forth above, or to such other address most recently designated by such party to the other party in writing. Customer shall promptly notify AspenTech of any change in Customer’s billing address. Notices directed to AspenTech must be sent Attn: General Counsel. Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 This offer expires 30 September 2026 IN WITNESS WHEREOF, the authorized representative of each party hereby enters into this Agreement by signing below on the blank provided for such party. DENTON MUNICIPAL ELECTRIC OPEN SYSTEMS INTERNATIONAL, INC. (Authorized Signature) (Authorized Signature) (Name - Print or Type) (Name - Print or Type) (Job Title - Print or Type) (Job Title - Print or Type) (Date) (Date) Please send AspenTech each page of the Order Document including the signed Cover Page, attachments, and any related purchase orders by email scan or facsimile to AspenTech Contract Administration AT-CustomerRelationsOffice@emerson.com and steve.dworak@emerson.com. Please assign this Amendment Order Document to AT-CustomerRelationsOffice@emerson.com if electronic signature by AspenTech is desired. Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 8/27/2026 Christa Christian Purchasing Supervisor Sean Egan Vice President of Finance 9/1/2026 EXHIBIT B – PROFESSIONAL SERVICES Implementation at AspenTech ● This schedule extension quote covers additional labor on the DME23 project. The additional labor covers weekly meetings - Our minimum burn rate for meetings, etc. is about 10 hours per week per resource totaling 332 hours. Implementation at Customer Site ● This schedule extension quote covers additional labor on the DME23 project. The additional labor covers weekly meetings - Our minimum burn rate for meetings, etc. is about 10 hours per week per resource totaling 332 hours. PROJECT CONDITIONS ● The hourly rate is $256 with the number of hours at 332. ● Pricing is valid as part of the original implementation of phase 1 for labor. ● Payment is due upon receipt of invoice. ● This schedule extension quote covers additional labor on the DME23 project. FEE DESCRIPTIONS (USD) Implementation Services 84,992 Total 84,992 MILESTONES Milestone Name Milestone % Upon Quote Acceptance 100 Payment Terms Net 30 PROFESSIONAL SERVICES Project Name Denton Municipal ADMS Description DME23 Additional Labor Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 PROJECT TERMS 1. Travel is not included in the fees, and will be billed as incurred, unless otherwise stated. 2. AspenTech will schedule services upon the Start Date, subject to resource availability. 3. Training, if included, will be provided at AspenTech’s facility, unless otherwise stated. Training units may be used for up to eighteen (18) months from the Start Date; after which all unused training units will automatically expire. One training unit is equivalent to one student attending one day of instruction at AspenTech’s facility in Medina, MN USA. 4. Upon AspenTech’s request, Customer shall timely provide all information reasonably required for AspenTech to perform the services (e.g., databases, displays, reports, IP addresses, networking information, RTU channel information, etc.). 5. Customer will provide adequate environmental and power conditions onsite and have dedicated personnel available to assist AspenTech’s performance of the services. 6. Customer is responsible for all preparations for AspenTech’s performance of services to install software and hardware, and any post-installation compatibility testing and compliance issues. 7. If Customer’s system size or scope materially change between the issuance of this Order Document and the start of AspenTech’s performance of the services, AspenTech reserves the right to equitably modify the Order Document. 8. Customer shall provide all required third-party software and hardware for AspenTech’s performance of the services, shall pay all shipping and insurance costs applicable to such third-party software and hardware, and shall be responsible for all applicable warranties. Docusign Envelope ID: 986FAA3F-0B60-8797-80D4-738DC5444610 Certificate Of Completion Envelope Id: 986FAA3F-0B60-8797-80D4-738DC5444610 Status: Completed Subject: ***Purchasing Approval*** 8255 - ADMS, Amendment Additional Hours Source Envelope: Document Pages: 7 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 2 Christa Christian AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 8/27/2026 8:18:20 AM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christa Christian Christa.Christian@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/27/2026 8:29:08 AM Viewed: 8/27/2026 8:34:33 AM Signed: 8/27/2026 8:34:40 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Leah Bush leah.bush@cityofdenton.com Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/27/2026 8:34:41 AM Viewed: 8/28/2026 12:01:36 PM Signed: 9/1/2026 11:48:37 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Sean Egan sean.egan@emerson.com Vice President of Finance Open Systems International, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.188.247.134 Sent: 9/1/2026 11:52:00 AM Viewed: 9/1/2026 12:39:26 PM Signed: 9/1/2026 12:39:53 PM Electronic Record and Signature Disclosure: Accepted: 9/1/2026 12:39:26 PM ID: 0e78050c-f756-4d0f-bca2-d9863c6fdf58 Antonio Puente, Jr. Antonio.Puente@cityofdenton.com DME General Manager Denton Municipal Electric Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/1/2026 12:39:55 PM Viewed: 9/1/2026 1:35:07 PM Signed: 9/1/2026 1:35:39 PM Electronic Record and Signature Disclosure: Accepted: 9/1/2026 1:35:07 PM ID: 88cb3876-0797-4a0d-99b3-2b163186fb08 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp AT-CustomerRelationsOffice AT-CustomerRelationsOffice@emerson.com Security Level: Email, Account Authentication (None) Sent: 9/1/2026 11:52:02 AM Viewed: 9/1/2026 12:30:57 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 9/1/2026 1:35:41 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Jerry Looper jerry.looper@cityofdenton.com Exe Manager System Operations/Compliance Security Level: Email, Account Authentication (None) Sent: 9/1/2026 1:35:42 PM Electronic Record and Signature Disclosure: Accepted: 8/31/2026 3:23:35 PM ID: a95d83d0-bdba-41e3-846c-e2d2bf4baf67 Steve Dworak steve.dworak@emerson.com Security Level: Email, Account Authentication (None) Sent: 9/1/2026 1:35:42 PM Viewed: 9/1/2026 1:43:04 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/27/2026 8:29:08 AM Certified Delivered Security Checked 9/1/2026 1:35:07 PM Signing Complete Security Checked 9/1/2026 1:35:39 PM Completed Security Checked 9/1/2026 1:35:42 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Sean Egan, Antonio Puente, Jr., Jerry Looper How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.