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Home My WebLink About23S361 - ESO SOLUTIONSCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) ESO Solutions Master Service Agreeement Renewal ESO Solutions, Inc. Greg Anderson gregory.anderson@eso.com Amendment #2 adding term, scope, and compensation $19,427.21 + $11,407.17 + $2,023.20 = $32,857.58 10/19/2022 - 10/18/2025 N/A Jeff Brennan: jeff.brennan@eso.com Katie Devitt: katie.devitt@eso.com Information Technology Larry Klingaman N/A 23S361 Amendment #2 Yes N/A N/A Department - No Sole Source, Cumulative Spend: $60,880.55 10/10/24 Rene Sanchez Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 1 of 7 Revised: 10.31.23 AMENDMENT NO. 2 TO THE MASTER SERVICES AGREEMENT 23S361 BETWEEN THE CITY PALM SPRINGS AND ESO SOLUTIONS, INC. 1. Parties and Date. This Amendment No. 2 to the ESO Master Service Agreement is made and entered into as of this 9th day of October, 2024, by and between the City of Palm Springs (“City”) and ESO Solutions, Inc., a Texas Corporation, (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled “Master Service Agreement” dated October 4, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide CAD Data and personnel management software licenses for an amount not to exceed $6,389.50 and a term of October 19, 2022 to October 18, 2023. 2.2 Amendment #1. The City and Contractor amended the Agreement to extend term one year and add additional compensation in the amount of $13,037.71. The Parties have heretofore entered into that Amendment No. 1 dated October 4, 2024 for an amount not to exceed $19,427.21 and a term of October 19, 2022 to October 18, 2024. 2.3 Amendment #2. The City and Contractor desire to amend the Agreement to extend term, revise the scope of services, and add additional compensation. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections 2 and 6.1 of the Agreement. 3. Terms. 3.1 Term. Section 6.1 of the Agreement is hereby amended in its entirety, extending the term 1 year, to read as follows: "The term of this Agreement (the “Term”) commences on October 19, 2022, and ending on October 18, 2025, unless extended by mutual written agreement of the Parties." “Exhibit A & B, adding scope (Fire Data API) and $13,430.37, are attached hereto and incorporated herein by reference for a new not to exceed value of $32,857.58.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 2 of 7 Revised: 10.31.23 parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 3 of 7 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ESO SOLUTIONS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _____________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 10/23/2024 10/23/2024 10/23/2024 Page 4 of 7 Revised: 10.31.23 Exhibit A: Renewal Invoice Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 5 of 7 Revised: 10.31.23 Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 6 of 7 Revised: 10.31.23 Exhibit B: Fire API Quote to be added to Agreement Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 Page 7 of 7 Revised: 10.31.23 Docusign Envelope ID: 5E970E77-2BF9-47DA-BF9B-DCEF2415D7D4 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) ESO ESO Solutions Zainab Hamoud accountsreceivable@esosolutions.com Amendment #1 $13,037.71 10/19/23-10/18/24 N/a Robert Munden contractmgrs@eso.com Information Technology Larry Klingaman 23S361 2 Yes No No Department No Yes Sole source attached. 11/8/23 Kendall Bradley DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 X FIRST AMENDMENT TO MASTER SERVICES AGREEMENT This Master Services Agreement First Amendment (the “Amendment”) is made and entered into as of ___10/19/2023_______________ (the “Effective Date”) by and between ESO Solutions, Inc., (“ESO”), and City of Palm Springs, (“Customer”), (each a “Party” and collectively the “Parties”). WHEREAS, ESO is in the business of providing software services (the “Services”) to businesses and municipalities; WHEREAS, Customer would like to amend its subscription with ESO; and WHEREAS, ESO is willing to agree to said amendment further described below. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Customer and ESO mutually agree as follows: 1.Modifications. The Parties agree that the terms and conditions of this Amendment modify the terms and conditions contained in the Master Services Agreement effectively dated on or about October 4, 2022 (the “Agreement”). All other terms and conditions remain the same. Taken together this Amendment and the Agreement (including Exhibits) constitute the entire agreement between the Parties regarding the Services purchased. 2.Extension. Customer desires, and ESO agrees, to modify the Agreement by extending the Term of the Agreement as follows: a.The Parties agree to extend the Agreement for an additional one (1) year, which will begin immediately upon expiration of the original term period and will end on October 18, 2024. 3.Counterparts; Execution. This Amendment and any amendments hereto may be executed by the Parties individually or in any combination, in one or more counterparts, each of which shall be an original and all of which shall together constitute one and the same agreement. Execution and delivery of this Amendment and any amendments by the Parties shall be legally valid and effective through: (i) executing and delivering the paper copy of the document, (ii) transmitting the executed paper copy of the documents by facsimile transmission or electronic mail in “portable document format” (“.pdf”) or other electronically scanned format, or (iii) creating, generating, sending, receiving or storing by electronic means this Amendment and any amendments, the execution of which is accomplished through use of an electronic process and executed or adopted by a Party with the intent to execute this Amendment (i.e. “electronic signature” through a process such as DocuSign®). In making proof of this Amendment, it shall not be necessary to produce or account for more than one such counterpart executed by the Party against whom enforcement of this Amendment is sought. DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 Page 2 of 2 IN WITNESS WHEREOF, the undersigned expressly agree and warrant that they are authorized to sign and enter into this Amendment on behalf of the Party for which they sign and have executed this Amendment on the Effective Date first written above. ESO: CUSTOMER: [Signature] [Signature] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] (See signatures on the next page.) DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 Revised 4.13.23 Page 11 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: __N/a_____ Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 N/a DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 11/17/2023 11/20/2023 Please send payments to: ESO Solutions, Inc. PO Box 679449 Dallas, TX 75267-9449 Invoice Date:10/18/2023 Invoice #ESO-123171 Terms Net 30 Due Date 11/17/2023 PO# 1 of 2 Bill To Ship To City of Palm Springs (CA)300 N El CieloPalm Springs CA 92262United StatesStaci.Kolbeck@palmspringsca.gov City of Palm Springs (CA)300 N El CieloPalm SpringsCA 92262US Item From To QTY UOM Total Fire Incidents CAD Integration Allows for integration of CAD data into the FIRE application. Ongoing maintenance included. Additional fees from your CAD vendor may apply. 10/19/2023 10/18/2024 10,000 Incidents USD $1,691.26 ESO Fire Incidents Includes Auto EHR-import or Auto-CAD import, federal NFIRS data reporting, software updates and upgrades. 10/19/2023 10/18/2024 5 Stations USD $4,889.92 Telestaff Integration Integration with Telestaff Rostering to place staff on the appropriate calls. 10/19/2023 10/18/2024 10,000 Incidents USD $1,571.26 Personnel Management Includes tracking of Training classes, certifications, credentials, immunization records. Integrated with ESO EHR and Ad Hoc Reporting. 10/19/2023 10/18/2024 83 Employees USD $2,961.76 ESO Properties Includes CAMEO integration, Pre-Plan view. Stores property and occupant history (presence of chemicals and tanks, Incidents, and previous inspections). 10/19/2023 10/18/2024 5 Stations USD $1,923.51 Invoice Message: ACH/EFT bank information: PNC Bank Routing: 031207607 Account Number: 8026412499 Swift Code: PNCCUS33 Check Remittance lockbox address: ESO Solutions, Inc. PO Box 679449 Dallas, TX 75267-9449 Total (Without Tax):USD $13,037.71 Tax:USD $0.00 Grand Total:USD $13,037.71 Amount Paid/Credit:USD $0.00 Total Recurring:USD $13,037.71 Total One-Time: Invoice Balance:USD $13,037.71 Please submit payment remittances to accountsreceivable@eso.com to ensure correct invoice application. Amounts invoiced are per your agreement(s) which may include annual uplift and an increase in quantities based on usage overages. Your payment of this invoice serves as acceptance of such increases. Questions? Contact: AccountsReceivable@eso.com 866-766-9471 option 8 Tax ID: 36-4566209 ESO will never e-mail you soliciting payment information. Please call us or e-mail AccountsReceivable@eso.com if you have any questions or wish to make a change. This invoice presents the total net price of the product(s) and/or service(s) which is inclusive (net) of any discount. As the buyer of such product(s)/service(s), you may have additional reporting obligations to federal or state health care programs (including pursuant to 42 CFR 1001.952(h)) and/or upon inquiry by the HHS Secretary or other state or federal agencies. As the buyer, you must adhere to any other relevant federal or third-party payer requirements. DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 Please send payments to: ESO Solutions, Inc. PO Box 679449 Dallas, TX 75267-9449 Invoice Date:10/18/2023 Invoice #ESO-123171 Terms Net 30 Due Date 11/17/2023 PO# 2 of 2 For a 3% fee, pay via Card Direct Card Payment Link: https://app.suitesync.io/payments/acct_1FelgtGvY2g6ha8S/custinvc/6042853/?amount=1342884.13 Pay via Online Bank Transfer Direct Bank Transfer Link: https://app.suitesync.io/payments/acct_1FelgtGvY2g6ha8S/custinvc/6042853/?card=false DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2 11500 Alterra Pkwy #100, Austin, Texas 78758 O: 866 766 9471 F: 512 687 5190 esosolutions.com The ESO Mission Improve Community Health and Safety Through the Power of Data April 27, 2022 To Whom It May Concern: ESO Solutions, Inc. is the owner and sole source provider of ESO Firehouse Software in its Standard, Enterprise, Web, and Cloud versions, as well as all other software and services offered under the “Firehouse” brand (collectively, “ESO Firehouse”); we no longer offer ESO Firehouse for sale or license through any intermediary party or alternate sales channel. Thank you for your interest in ESO. Sincerely, Robert Munden General Counsel DocuSign Envelope ID: 90881FB4-B965-42D6-B2C3-E50271F16FE2