1 AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND CLEARGOV, INC.
This Amendment No. 1 (“Amendment”) to Agreement #C2021-186 (“Agreement”) between the City of Manteca and ClearGov, Inc. is made and entered into this ___ day of ___________, 20__, by and between ClearGov, Inc. a C corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On December 29, 2021, the City of Manteca approved an Agreement with Consultant to provide professional services for cloud-based budget and performance management software.
B. City now desires to amend the Agreement in order to extend the term of the services to be undertaken by the Consultant.
C. Consultant represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
D. City desires to engage Consultant for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Paragraph 2 of the Agreement is hereby amended to read as follows:
“2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than December 31, 2024.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
“3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Service Order set forth in Attachment 1, which is incorporated herein by reference. In addition to the Compensation for the Agreement, compensation for Amendment No. 1 services shall in no event exceed NINETY THOUSAND DOLLARS ($90,000) without additional authorization from the City. In no event shall total compensation for work performed pursuant to this Agreement and Amendments No. 1 exceed ONE HUNDRED AND FORTY-FOUR THOUSAND DOLLARS ($144,000) without additional authorization from the City. Payment by City under this Agreement shall not be ATTACHMENT 3
2 deemed a waiver of defects, even if such defects were known to the City at the time of payment.”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 3
3 TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ _ClearGov, Inc.________________________ Toni Lundgren (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ __Bryan A. Burdick, President___________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED:
_________________________________
Bret Harmon,
Director of Finance
COUNTERSIGNED: Address: 2 Mill & Main, Suite 630__________ _________________________________ Maynard, MA 01754_____________ Dawn Cortesi,
Interim Director of Human Resources Telephone: (508) 365-2084__________________ APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
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