AMENDMENT NO. [1] TO SOFTWARE-AS-A-SERVICE AGREEMENT
THIS AMENDMENT NO. [1] TO PERFORMA SOFTWARE-AS-A-SERVICE AGREEMENT (this “Amendment”) is made effective as of July 1, 2024 (the “Amendment Effective Date”), by and between PERFORMA LABS, INC., a Delaware corporation having its principal place of business at 19600 Fairchild Rd, Suite 300, Irvine, CA 92612 (“PERFORMA”) and Murrieta Police Department, a Municipal Police Department, having its principal place of business at 2 Town Square, Murrieta, CA 92562 (“Client”).
Recitals
WHEREAS, PERFORMA and Client are par[es to that certain PERFORMA SOFTWARE AS-ASERVICE AGREEMENT, dated as of June 1, 2023 (as may be amended or modified from [me to [me, the “Agreement”), pursuant to which Client engaged PERFORMA to provide the Service; and
WHEREAS, PERFORMA and Client desire to amend the Agreement to modify the terms set forth on A_achment A (Price List and Service Fee Calcula[on) to the Agreement on the terms and subject to the condi[ons set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PERFORMA and Client agree as follows:
1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Agreement.
2. Amendment of Attachment A. As of the Amendment Effective Date, Attachment A to the Agreement is hereby deleted in its entirety and replaced with Attachment A to this Amendment, which shall remain in effect for the duration of the Term of this Agreement unless and until modified by the parties hereto.
3. No Other Changes. Except as expressly amended herein, all terms and provisions of the Agreement are and shall remain in full force and effect and all references therein to such Agreement shall henceforth refer to the Agreement as amended by this Amendment. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the par[es hereto have executed this Amendment as of the Amendment Effec[ve Date.
Murrieta Police Department
By: _______________________
Name: _______________________
Title: _______________________
PERFORMA LABS, INC.
By: ________________________
Name: Anderee Berengian
Title: Chief Execu[ve Officer
APPROVED AS TO FORM:
By: ________________________
Name: ________________________
Title: ________________________
[City A_orney/County Counsel/Deputy A_orney General for Client]
ATTACHMENT A
PRICE LIST AND SERVICE FEE CALCULATION
SUBSCRIPTION TERM: 7/1/2024 - 12/31/2026
TRAINING MODULE DESCRIPTION INTERNAL ID SEATS UNIT PRICE TOTAL YEAR 1 (Partial)
(7/1/2024-12/31/2024)
Domestic Violence Course (POST ID 1487-32343) CA_DV_23/24 115 $90.00 $10,350.00 Mental Health Decision Making Course (POST ID 1487-
20908) CA_MH_23/24 115 $180.00 $20,700.00
Police Vehicle Pursuits Course (POST ID 1487-32343) CA_VP_23/24 115 $90.00 $10,350.00 Administrator Dashboard Admin_Dash 115 $10.00 $1,150.00 Implementation Fee IMP_FEE 115 $20.00 $2,300.00
YEAR 2
(1/1/2025 – 12/31/2025)
Use of Force Course (POST ID 1487-29580) CA_UF_23/24 115 $125.00 $14,375.00 Strategic Communications Course (POST ID 1487-29540) CA_SC_23/24 115 $75.00 $8,625.00 De-escalation Awareness & Communication Course (POST ID 1487-20185) CA_DE_23/24 115 $175.00 $20,125.00
Police Vehicle Pursuits Course (POST ID 1487-32343) CA_VP_23/24 115 $90.00 $10,350.00 Implementation Fee IMP_FEE 115 $20.00 $2,300.00
Administrator Dashboard Admin_Dash 115 $10.00 $1,150.00 YEAR 3
(1/1/2026 – 12/31/2026)
Mental Health Decision Making Course (POST ID 1487-
20908) CA_MH_23/24 115 $180.00 $20,700.00
Domestic Violence Course (POST ID 1487-32343) CA_DV_23/24 115 $90.00 $10,350.00 Advanced De-escalation Awareness & Communication Course (POST ID 1487-20186) CA_ADE_23/24 115 $175.00 $20,125.00 Police Vehicle Pursuits Course (POST ID 1487-32343) CA_VP_23/24 115 $90.00 $10,350.00 Implementation Fee IMP_FEE 115 $20.00 $2,300.00
Administrator Dashboard Admin_Dash 115 $10.00 $1,150.00 SUBTOTAL $166,750.00
VIP DISCOUNT ($10,350.00)
TOTAL $156,400.00
Year Invoice Date Invoice Amount
Year 1 7/1/2024 $41,400.00
Year 2 1/1/2025 $53,475.00
Year 3 1/1/2026 $61,525.00