HomeMy WebLinkAboutC2024-050 - 3/26/2024 - Approved
Amendment #1
Finance & Procurement
Date: March 5, 2024
Agreement #: 134067 Cisco SmartNet Network Equipment Support and Maintenance
Contractor/Consultant: Great South Texas Corp dba Computer Solutions
I. Section 3, Term, is deleted in its entirety, with the exception of the section number and heading,
and is replaced with content to read as follows:
“(A) The initial term of this Agreement is one year beginning on April 8, 2024,
and continuing through April 7, 2025.
(B) The parties may mutually agree to auto-renew this Agreement for
continuing one-year periods (each, an “Option Period”), provided: (i) the
underlying Cooperative Agreement either continues in full force and effect or,
alternately, has been replaced by a successor DIR-approved co-op agreement
with Contractor providing the same software and such replacement co-op
agreement is valid on the beginning date of each Option Period; (ii) the same
software product and services continue in active use by the City and have not
been replaced by a different product and services; (iii) the pricing for each
Option Period conforms to the language in section 4 below; and (iv) sufficient
current funding has been appropriated by the City to provide for the
continuation of this Agreement. Furthermore, following the conclusion of any
one-year Option Period, the parties may agree to auto-renew this Agreement
so long as the conditions required above in subparts (i) – (iv) are met and
neither party has terminated this Agreement.
(C) The continuation of this Agreement after the close of any fiscal year of the
City, which fiscal year ends on September 30th annually, is subject to
appropriation and budget approval specifically covering this Agreement as an
expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether to fund this Agreement. The City does not
represent that a budget item providing for this Agreement will be adopted, as
said determination is within the City Council's sole discretion when adopting
each annual budget.”
II. Section 4, Compensation and Payment, is deleted in its entirety, with the exception of the section
number and heading, and is replaced with content to read as follows:
“This Agreement is for $350,865.34, subject to execution of one or more written
amendments executed by the parties. All pricing for the initial term must be in
accordance with the attached Pricing Quotation, as shown in Attachment B-1,
which is attached and the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety. The pricing for each Option
Period must conform to (i) the amounts shown in Attachment B-1, (ii) the
amounts stated in an eligible renewal of DIR-TSO- or (iii) the
amounts stated in a successor co-op agreement, whichever amount of
subparts (i), (ii), or (iii) is lowest. Pricing for every continuing one-year
auto-renewal of this Agreement must also be in accordance with the pricing
condition stated in the foregoing sentence.”
III.Attachment B, Bid/Pricing Schedule, to the Agreement is superseded and replaced with
Attachment B-1, as indicated in part II of this Amendment #1.
IV.This Amendment #1 is effective following City Council approval and execution by both parties,
unless an earlier date is expressly stated within this document. Notwithstanding the foregoing,
the parties agree the initial term of Services, as amended by this Amendment #1, begins
subsequent to the conclusion of the existing term which ends at 11:59 p.m. on April 7, 2024.
To the extent the provisions of this Amendment #1 conflict with any provisions of the Agreement and
prior amendments, if any, the provisions of this Amendment #1 prevail and govern for all intents and
purposes.
__________________________________ __________________________________
Josh Chronley Date Contractor Date
Assistant Director, Finance & Procurement
APPROVED AS TO LEGAL FORM:
_______________________________
Assistant City Attorney Date
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