Contract Amendment Page 1 of 2
CAO Approved June 2024
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2 AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
PAYBYPHONE US INC. FOR
MOBILE COMMERCE SERVICES FOR DOWNTOWN PARKING
($85,000 [Original Amount] / $65,000 [Amendment No. 1]) This Amendment is made and entered into this day of ________________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and PAYBYPHONE US INC. ("CONTRACTOR").
WHEREAS, on March 11, 2025, CITY and CONTRACTOR entered into an Agreement for mobile commerce services for downtown parking (“Agreement”); and WHEREAS, City and Contractor wish to amend the Agreement to increase the not-to-exceed amount of this Agreement in the amount of $65,000, for a new total not-to-exceed amount of $150,000.
NOW, THEREFORE, the Parties agree as follows:
1. Section 5.1 – “Pricing and Payment” of the Agreement is amended to read:
“The City agrees to pay the fees, as outlined in Exhibit B, in a total amount not to exceed $150,000 or higher amount if approved in a written amendment to the Agreement signed by both parties. For clarity, the Transaction Fee shall not be included in the total amount stipulated above. Unless the City notifies the Contractor that the total amount has been reached, Contractor is entitled to collect fees for all services. All amounts payable hereunder are exclusive of any and all taxes, including taxes applicable on fees paid by the consumer, and City is responsible for payment of such taxes. All prices are stated, and City shall pay, in US dollars.
Payment is due within 30 days of invoicing. Upon 30 days written notice to the City, PayByPhone may, acting reasonably, increase any fees outlined in Exhibit B, not more often than once in a calendar year, to adjust for inflation and any increase in the cost of PayByPhone providing the services to City.”
2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
Contract Amendment Page 2 of 2
CAO Approved June 2024
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2 IN WITNESS WHEREOF, CITY OF SAN MATEO and CONTRACTOR have executed this Amendment No. 1 on ___________________.
CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Teresa Trussell
Its Authorized Agent
President (PayByPhone US Inc.)
Date
APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date