FIRST AMENDMENT TO AGREEMENT WITH NETFILE, INC.
TO PROVIDE ONLINE SUBSCRIPTION SERVICES FOR FPPC FILING THIS FIRST AMENDMENT to the above-r eferenced agre ement is entered into on February 4, 2025, by and between NetFile, Inc. a California non-profit corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The
parties entered into Agreement No. A-2022-154 (“Agreement”) dated August 1, 2022, to provide online subscription services for FPPC filings.
B. The te
rm of the Agreement runs through July 31, 2025, is current and in-effect, and allows for the Parties an option to extend the term of the Agreement for a two (2) year period.
C. The
parties now wish to amend the Agreement to exercise the two -year option to extend the term of the Agreement; amend the scope of services to include additional services; increase the overall compensation to account for the additional services and extension of the term of the Agreement; and allow for the City to compensate the Contractor for services provided to the City. No other changes are contemplated by this Amendment.
The P
arties therefore agree:
1. Se
ction 1, Scope of Services , is hereby amended to include Exhibit A -1 to this First Amendment, attached hereto and incorporated by reference.
2. Sect
ion 2, Term, is hereby extended, pursuant to the right of the parties to exercise their option to extend the Agreement, through July 31, 2027.
3. Sect
ion 3, Compensation and Payment , is hereby amended and revised to read as follows:
a. Cont
ractor will provide the use of the Campaign Disclosure System and Statement of Economic Interests system (up to 350 SEI filers) at an ongoing discounted rate of $19,000, per year, commencing August 1, 2022.
b. Cont
ractor will provide the additional services, as detailed in Exhibit A -1, for the remaining term of the Agreement, including during the exercised extension, for $25,584. This amount includes the annual base amount of $9,500, per year, and a prorated amount of $6,584 for services which commenced on November 20, 2024.
City shall recognize and compensate Contractor for said services rendered since November 20, 2024.
c. The
total amount to be expended during the term of this Agreement shall not exceed $120,584.
d. Ci
ty has the option of paying on an ongoing quarterly basis for Services provided by Contractor billed in advance of the quarter instead of one annual payment. No interest or finance charges will be incurred if the City chooses the quarterly payment option.
City will pay Contractor within forty-five (45) days of City's receipt of invoice. If for any reason the contract is terminated prior to the paid through date by the City, Contractor will reimburse City any unused amount within ten (10) working days from the termination date.
4. E
xcept as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
I
N WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
A
TTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
AP
PROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO
City Attorney
B
y: ____________________________
Kyle Nellesen By:
Assistant City Attorney Title:
Tom Diebert
VP & CFO
2707‐A Aurora Ct
Mariposa, CA 95338
Phone (209) 742‐4100
SERVICE AGREEMENT
USER
INFORMATION
USER NAME
City of Santa Ana
USER NAME – BILL TO
SAME
ADDRESS
20 Civic Center Plaza (M‐30)
ADDRESS
CITY
Santa Ana
STATE
CA
ZIP
92701
CITY STATE ZIP
PRIMARY CONTACT
Kelly Flores
PHONE #
(714) 647‐5346
AP CONTACT PO #
EMAIL
kflores@santa‐ana.org
FAX AP EMAIL AP PHONE #
SYSTEM INFO & FEATURES
System Cost per
System
Lobbyist E‐Filing & Admin system $9,500/year
First year prorated 11/20/24 – 7/31/25: $6,584
Start date: 11/20/2024
Annual pricing is good through 7/31/2027
Features of NetFile Systems
‐Hosted platform provided by NetFile ‐ Unlimited support and training to User ‐24/7/365 access ‐ Includes Training Tracking
‐Admin application to manage filers & filings ‐ Includes Communication (Comms) system ‐Interactive training to meet AB1234 guidelines ‐ E‐mail based support to filers
AUTHORIZATION
U S E R A G R E E S T O P A Y N E T F I L E F O R S E R V I C E S I D E N T I F I E D I N ACCORDA NCE W ITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
AGREEMENT TERM IS STARTING ON THE DATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT AND AGREE TO THE TERMS AND CONDITIO N S OF THIS AGREEME N T AN D ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES.
COMPANY
NetFile, Inc.
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
PRINT NAME PRINT NAME
Tom Diebert
TITLE TITLE
Vice President
DATE DATE
12/5/2024
Exhibit A-1 to Agreement
A-2022-154