HomeMy WebLinkAboutReso 45-19 Amendment to the Agreement with Active Network, LLC for Additional Products and Services RESOLUTION NO. 45 — 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND
ACTIVE NETWORK, LLC FOR ADDITIOAL RECREATION MANAGEMENT SOFTWARE
SERVICES AND PRODUCTS
WHEREAS, the City of Dublin ("City") adopted Resolution 140-18 approving an agreement
with Active Network, LLC ("Active Network") on December 18, 2018 for recreation management
software services; and
WHEREAS, the City requires additional Active Network supported peripheral equipment and
customized integrated reports to work seamlessly with the Active Network platform.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby
approve the.Amendment to the Agreement with Active Network, attached hereto as Exhibit A, for
recreation management software services.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
Agreement and take such further actions as may be necessary or appropriate to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of May 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert
NOES:
ABSENT:
vriAABSTAIN:
Mayor
ATTEST:
aid° ecocce
City Clerk
Reso 45-19, Adopted 5/21/2019, Item 4.2 Page 1 of 1
1
AMENDMENT #1
TO THE AGREEMENT
This Amendment No. 1 (this “Amendment”) is made effective as of May 21, 2019 (the “Amendment Effective Date”) by and
between City of Dublin (“Client”) and Active Network, LLC (“Active”) and amends that certain Product and Services
Agreement, dated as of January 2, 2019, (the “Agreement”) entered into by the Parties. Client and Active are also individually
referenced herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Agreement.
NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this
Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
each Party, the Parties hereto hereby agree as follows:
1. Changes to the Agreement. The Agreement shall be amended as follows:
A. To add Schedules 01490817, 01490818, 01490819, 01490826, and 01490829,
attached hereto and included herein by this reference, to the Agreement.
B. To add to the Agreement a one-time projected contract value for 2019 in the amount of $180.419.26, which
includes the addition of up to $16,901.00 in one-time service fees. The Annual Projected Contract Value as
defined in the Agreement and included on Schedule 00106757 will remain unchanged.
C. For clarity’s sake, the Schedules to be incorporated are detailed below:
Schedule # Description Amount
01490826 Musco Lighting Integration $2,800
01490818 ActiveNetwork Supported Credit Card Readers $4,968
01490819 ActveNetwork Supported Equipment $6,333
01490829 Customer Import $1,400
01490817 Activity Guide Brochure Export $1,400
TOTAL $16,901
2. Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force and effect.
All references in the Agreement to “this Agreement,” “hereto,” “hereof,” “hereunder” or words of like import referring to the
Agreement shall mean the Agreement as amended by this Amendment. In the event any of the terms and conditions of the
Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail
only as to the subject matter expressly stated herein.
3. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the
maximum extent permitted by law or by any applicable governmental authority, this Amendment may be transmitted by
facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an ink-signed
document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective
for all purposes.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the Amendment Effective
Date.
Active Network, LLC
by its authorized signatory
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________
City of Dublin
by its authorized signatory
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________