HomeMy WebLinkAbout03-25-19 City Commission Packet Materials - C5. Amendment 1 to MSA with Creative Breakthroughs for Software Renewal and SvcsPage 1 of 1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Karen Stambaugh, Assistant City Attorney
SUBJECT: Authorize City Manager to sign amendment to master services agreement with Creative Breakthroughs, Inc. (CBI) for renewal of
e-discovery software license and maintenance services
AGENDA ITEM TYPE: Consent MEETING DATE: March 25, 2019
BACKGROUND: In 2015, the City purchased hardware and software from CBI that enables
to the City to manage legal holds, and collect, process, review, and produce electronic discovery. The initial purchase amount for the appliance, software license, and support for a four-year term was approximately $160,000.00. The license and support services will terminate at the end of
September 2019.
UNRESOLVED ISSUES: None. FISCAL EFFECTS: The total cost to renew the e-discovery license and maintenance services
for an additional three-year term is $61,573.82, payable in two equal payments of $30,786.91. The
first payment is due in July of 2019 and the second is due in July of 2020. The cost of the initial
payment is included in the Legal Department’s budget request for the upcoming fiscal year budget. The renewal agreement includes an appropriation clause that provides that if the City Commission does not approve the appropriation for this budget request, the agreement with CBI will terminate
at the end of its current term.
ALTERNATIVES: As suggested by the City Commission. ATTACHMENTS: First Amendment to Master Services Agreement
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First Amendment to Master Services Agreement for E-Discovery Software License and Maintenance Services FY 2020-2022 Page 1 of 3
FIRST AMENDMENT TO MASTER SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE MASTER SERVICES AGREEMENT FOR e-
discovery software license and services dated September 23, 2015 (the “Agreement”) is made and
entered into this _____ day of March, 2019, by and between the CITY OF BOZEMAN,
MONTANA, a self-governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Creative
Breakthroughs, Inc., a Michigan corporation, hereinafter referred to as “CBI.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 5 of the Agreement is amended to extend the termination date
by 36 months to September 30, 2022 (the “Renewal Term”).
2. Scope of Services; Pricing. The license, scope of maintenance services, and pricing for
the Renewal Term shall be as set forth in the attached Exhibit A: Price Quotation No.
BOZ41014-07a.
3. Payment. City agrees to pay the amounts as shown on the attached Exhibit A in
accordance with the payment terms set forth in the Agreement.
4. Purchase Subject to Budget Appropriation. CBI understands and agrees that the City’s
two payments under this First Amendment to the Agreement are contingent on budget
appropriations in each of the first two fiscal years of the Renewal Term by the Bozeman
City Commission (“City Commission”). The City agrees to include the cost of each
payment in its annual request for budget appropriation for that fiscal year. In the event of
non-appropriation by the City Commission, the Agreement will terminate effective on the
last day of the then-current term for which City has made payment to CBI.
18th
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First Amendment to Master Services Agreement for E-Discovery Software License and Maintenance Services FY 2020-2022 Page 2 of 3
5. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA Creative Breakthroughs, Inc.
By________________________________ By_____________________________
Andrea Surratt, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
Kurtis Hardy
Director of Professional Services
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First Amendment to Master Services Agreement for E-Discovery Software License and Maintenance Services FY 2020-2022 Page 3 of 3
EXHIBIT A
QUOTE FOR RENEWAL TERM
BOZ41014-07a
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Price Quotation No. :
Quotation Date :
Expiration Date :
Contact Name:Heather Bienvenue Contact Name:Paul Ver Hoven
Company:City of Bozeman Company:Creative Breakthroughs, Inc. (CBI)
Address:20 East Olive Address:1260 Woodward Heights
City/State/Zip:Bozeman, MT 59715 City/State/Zip:Ferndale, MI 48220
Country:USA Country:USA
Telephone #:(406) 582-2277 Telephone #:(248) 515-1366
Fax #:Order Fax #:(248) 856-3335
Email:hbienvenue@BOZEMAN.NET Email:pverhoven@cbisecure.com
Line Item Description Sku.Qty.MSRP Total MSRP Customer Cost Total Customer
Cost
1
"EDISCOVERY PLATFORM STARTER KIT OM
SUITE 1 MULTI METER ONPREMISE
STANDARD MULTI LICENSE + ESSENTIAL
MAINTENANCE BUNDLE INITIAL 36MO GOV
Start Date: 03/29/2019 End Date: 09/30/2022"
12971-M0034 1 $149,565.00 $149,565.00 $59,787.15 $59,787.15
2 CLEARWELL APPLIANCE 12MONTHS RENEWAL 1234-01 1 $5,000.00 $5,000.00 $1,786.67 $1,786.67
Total Cost*$61,573.82
**Financing pre-approved at 0% for a March purchase ** Payment 1 July 2019 $30,786.91
** Payment 2 July 2020 $30,786.91
Total MSRP $149,565.00
Discount -$87,991.18
BOZ41014-07a
March 14, 2019
March 30, 2019
CBI InformationCustomer Information
Veritas eDiscovery & Clearwell Renewals
Terms are governed by fully executed MSA
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