CONTRACT 14079-CI AMENDMENT #1.PDF
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MARICOPA COUNTY
AMENDMENT No. 1 TO Sith.410 ,,, oly 4 atrU0.411e
CONTRACT 14079-C1
Amendment No. 1
to
Contract Pursuant to Competition Impracticable (MCI-351)
14079-CI
This Amendment No. 1 (the "Amendment") made between Bentley Systems, Incorporated,
("Bentley"), and Maricopa County, located at 320 West Lincoln Street, Phoenix, AZ 85003-2494
("Subscriber") as of the date of the Original Agreement (the "Amendment Effective Date").
WHEREAS, Bentley and Subscriber are parties to a Contract 14079-CI (Bentley CLA Number
10369318) entered as of 5th day of November, 2014 between the parties (the "Original Agreement");
and
WHEREAS, Bentley and Subscriber desire to amend the Original Agreement as further described
below;
NOW THEREFORE, the parties hereby mutually agree as follows:
1. Contract Term. Subsection 1.1 is hereby deleted in its entirety and replaced with the
following:
This Contract is for a term of three (3) years, beginning on the 1s t day of December, 2017
and ending the 30th day of November, 2020.
2. Duties. Subsection 5.1(a) is hereby deleted in in its entirety and replaced with the
following:
"(a) Provision of software licensing privileges as set forth in Exhibit "1" and Exhibit "2"
hereto (such privileges in the aggregate hereinafter referred to a "County's SELECT"). It
is mutually understood and agreed (i) that Exhibit "2" hereto comprises that certain
Bentley SELECT Program Agreement, including Exhibits A, B, C, D, F, LS, and T
thereto (the "SELECT Agreement"), and (ii) that this Contract, as supplemented by the
SELECT Agreement, sets forth the terms and conditions governing County's SELECT."
3. Warranty of Services. Subsection 6.3.1 is hereby deleted in its entirety and replaced
with the follows:
"6.3.1 Contractor's warranty for County's SELECT and for SELECT Professional
Services is set forth in Section 4.01 to Exhibit B to the SELECT Agreement. County's
acceptance of services and goods provided by the Contractor shall not relieve the
Contractor from its obligations under this warranty."
4. Requirements Contract. First sentence in Section 6.6 is hereby deleted in its entirety
and replaced with the follows:
"The parties understand and agree that County's obligation to pay for County's SELECT
is subject to Section 4.0 (Availability of Funds)."
Maricopa County Page 1 of 3
Amendment No. 1
MARICOPA COUNTY
AMENDMENT No. 1 TO 41.r f:4rigg infril$trti0.111
CONTRACT 14079-C1
5. Order of Precedence. Second paragraph of Section 6.26 is hereby deleted in its entirety
and replaced with the follows:
"With respect to County's SELECT — in the event of a conflict in the provisions of this
Contract and the SELECT Agreement, the terms of the SELECT Agreement shall
prevail."
6. Incorporation of Documents. Section 6.30.1 is hereby deleted in its entirety and
replaced with the follows:
"6.30.1 Exhibit 1, Bentley Renewal Advise Summary,"
7. Exhibit 1. Exhibit 1 is hereby deleted in its entirety and replaced with the Exhibit 1
attached to this Amendment.
8. Confidentiality. Bentley Proprietary Information, as set forth in Exhibit B Section 3.06
of the SELECT Agreement, shall be held in strict confidence as provided by Arizona law.
9. Legal Effect. The modifications set forth in this Amendment are effective as of the
amendment Effective Date. Except as expressly amended or modified by the terms of
this Amendment, all other terms of the Original Agreement shall remain unchanged and
in full force and effect. In the event of a conflict between the terms of the Original
Agreement and the terms of this Amendment, the terms of this Amendment shall control.
10. Headings. The headings used in this Amendment are for convenience of reference only
shall not be used to defme the meaning of any provision.
IN WITNESS WHEREOF, the parties represent and warrant that this Amendment is executed
by duly authorized representatives of each party as set forth below on the date first stated above.
Ma ricopa County Bentley Systems, Incorporated
By: By: Jame.,117.=.34,er-77n 4, 2018)
James Kaiser
Print Name: Print Name:
Print Title: Print Title: VP Financial Operations
Date: Date: Jan 4, 2018
Maricopa County Page 2 of 3
Amendment No. 1
MARICOPA COUNTY }Bentley
AMENDMENT No. 1 TO , Sustaining Infrestruoture
CONTRACT 14079-CI
Attested
By:
Print Name:
Print Title:
Date:
Approved as to Form
By:
Print Name: 12--/k---/-,40 ?tz-'/IIN I
Print Title: t.,= tri v-r-1 c- Oc./"..71-‘1
Date: c---Th if 2o, g
Maricopa County Page 3 of 3
Amendment No. 1
EXHIBIT 1
PRICING
COMMODITY CODE: 92045
CONTRACTOR NAME: BENTLEY SYSTEMS, EMS, INCORPORA 1ED
VENDOR NUMBER: W000003698 X
STREET ADDRESS: 685 STOCKTON DRIVE
EXTON, PA 19341
P.O. ADDRESS:
1ELEPHONE NUMBER: (610) 458-5000
FACSIMILE NUMBER: (610) 458-3181
WEB SIIE: www.bentley.com
REPRESENTATIVE: Rob Mason
REPRSENTATIVES E-MAIL ADDRESS: Rob.Mason@bentley.com
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT. [ ] YES [X] NO
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT. [ ] YES [X] NO
PROMPT PAYMENT TERMS: NET 30 DAYS
SEE ATTACHED APPENDIX A
Appendix A Renewal Advice Summary
SELECT Agreement: 10369318
Advancing Infrastructure RAS Number: 40995143
Customer ID: 4013195
Expiration Date: 30 November 2018
Pages: 2 / 3 1/2
ill-to: Maricopa County DOT Tel No: +1(6025062874)
Attn: Connie Pickett Fax No: +1(6025068594)
2222 S. 27th Avenue
PHOENIX AZ 85009-6811
USA
ite: 003708851 Maricopa County DOT EVAL SITE , 2901 W. Durango Street Phoenix , AZ 85009-6357 , USA
Part No pescription Quantity Unit Pricing Discount Total
1013 Bentley Descartes for MS SELECT Sub 2 580.00 -29.00 1,102.00
10311 Bentley Map for MicroStation SELECT Sub 1 580.00 -29.00 551.00
1003 MicroStation SELECT Subscription 30 990.00 -49.50 28,215.00
1577 Bentley InRoads Survey SELECT Sub 9 361.00 -18.05 3,086.55
2920 CulvertMaster SELECT Subscription 2 295.00 -14.75 560.50
2923 Bentley FlowMaster SELECT Subscription 3 295.00 -14.75 840.75
10311 Bentley Map for MicroStation SELECT Sub 1 580.00 -29.00 551.00
12662 OpenRoads Designer SELECT Subscription 19 2,158.00 -107.90 38,951.90
2914 CivilStorm AutoCAD Unlimited Links SELEC 1 4,125.00 -206.25 3,918.75
2960 StormCAD for AutoCAD Unlim Inlets SELECT 2 2,199.00 -109.95 4,178.10
3719 Structural Enterprise SELECT Subscriptio 1 1,674.00 -83.70 1,590.30
8243 LEAP Bridge Concrete SELECT Sub 1 2,315.00 -115.75 2,199.25
10303 PondPack AutoCAD Unlimited Ponds SELECT 1 1,925.00 -96.25 1,828.75
12429 ContextCapture SELECT Subscription 5 1,403.00 -70.15 6,664.25
12612 OpenRoads ConceptStation SELECT Sub 2 1,490.00 -74.50 2,831.00
12603 Bentley LumenRT SELECT Subscription 2 760.00 -38.00 1,444.00
10903 Subsurface Utility Engineering SELECT Su 1 704.00 -35.20 668.80
Site Total: 99,181.90
Annual Amount Due: 99,181.90
.__Ci irrenc .____y USD
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.com E-mail: bac@bentley.com
Appendix A Renewal Advice Summary
SELECT Agreement: 10369318
4.110 RAS Number: 40995143
Advancing Infrastructure Customer ID: 4013195
Expiration Date; 30 November 2018
Pages: 344 2/2
accordance with the terms and conditions of your SELECT Program Agreement, we will be sending you an invoice for the next term of
our contract as per the attached Renewal Quote. If your organization has a requirement to issue a Purchase Order, please use the
ttached Renewal Quote 40995143 as your reference. Please ensure you review the detailed listing of all your products and submit your
0 promptly to Bentley Systems, Incorporated by 01 November 2017. This will ensure your Bentley SELECT services continue without
iterruption. Please contact your Bentley Sales Representative if you wish to review or discuss any aspect of this Renewal Quote.
he Bentley SELECT subscription program continues to deliver the most comprehensive investment protection program for your Bentley
oftware, your team and the information they create. Renewal of Bentley SELECT
Ittp://www.bentley.com/en-US/Subscriptions/Bentley+SELECT/) will ensure continuity of the following benefits:
in Flexible Licensing Options, including portfolio balancing and pooled licensing
• 24/7/365 Support
▪ Anytime Software Upgrades, to name a few
our Bentley SELECT Agreement is our commitment to continue to provide you and your organization with the highest levels of service.
s an immediate benefit to you, we will be upgrading your SELECTserver to the latest version that will help you with better management of
Dur Bentley assets. For details on the upgrade process, please click here.
lease do not hesitate to contact your Sales representative, Tatum Campbell or a Bentley representative here if you have any inquiries or
;quire any assistance.
ie look forward to continuing our mutually beneficial relationship for many years to come!l
ours truly,
atum Campbell
el: +1 (610) 458-5000
ax:
-mail: TATUM.CAMPBELL@BENTLEY.COM
xport Control:
ou acknowledge that these commodities, technology or software are subject to the export control laws, rules, regulations, restrictions and
ational security controls of the United States and other agencies or authorities based outside of the United States (the "Export Controls").
ou must not export, re-export or transfer, whether directly or indirectly, the commodities, technology or software, or any portion thereof, or any
ystem containing such commodities, technology or software or portion thereof, without first complying strictly and fully with all Export Controls
lat may be imposed on them.
he countries subject to restriction by action of the United States Government or any other governmental agency or authority based outside of
le United States, are subject to change, and it is your responsibility to comply with the applicable United States Government requirements, or
lose of any other governmental agency or authority based outside of the United States, as they may be amended from time to time. For
dditional information, see http://www.bis.doc.gov
entley is subject to the United States Department of the Treasury Office of Foreign Assets Control (OFAC) Sanctions Programs regulations.
hose regulations require Bentley not engage in transactions (1) with designated persons and entities set forth on OFAC's Specially Designated
ationals List ("SDN List"), see http:l/www.treasury.gov/ofac/downloadslctrylst.txt, or (2) where a customer intends to finance a purchase of
entley software and/or technology through new debt or equity by or for entities identified on OFAC's Sectoral Sanctions Identifications List
'SSI List"), see http://www.treasury.gov/ofac/downloads/ssilssi_ctrylst.txt . Accordingly, Bentley will not engage in such transactions.
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.com E-mail: bac@bentley.com