Ebix Insurance No. S200000696
AMENDMENT NO. 1
TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
ACCELA, INC.
This agreement ("Amendment No. 1") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Accela, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Accela, Inc.", dated August 29, 2018 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide software subscription services for the City's permit system, and the Parties now wish to amend the Agreement to make certain revisions to the terms as set forth below.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement, entitled "Term of Agreement" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on November 29, 2025.
2. Exhibit B of the Agreement, entitled "Fee Schedule", is hereby amended to read as shown in First Revised Exhibit B, attached and incorporated into this Amendment No. 1.
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
Amendment No. 1 to Agreement/Accela Page 1 of 4
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: ~~~/~~~;~r~~
A IeXG~C~deC AbIJe
Digitally signed by Alexander Abbe .~
Date: 2021.12.16 13:50:44 -08'00'
Office of the City Attorney ~D A J. BANYAN
City of Santa Clara ~ Ci Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
ACCELA, INC,
a California corporation
Dated: ~o/2s/zo21
~ocu 8 qne d by:
By (Signature):
Name: Aaron Haggarty
—~ernze~uera~ade ...
T1112: chief Legal office r
Principal Place of 2633 Camino Ramon, Suite 500, San Ramon, CA 94583 Business Address:
E171a1) Addi'eSS; [email protected]
Telephone: ( )
Fax:
"CONTRACTOR"
Amendment No. 1 to Agreement/Accela Page 2 of 4
Rev. 10/25/2019
FIRST REVISED EXHIBIT B
FEE SCHEDULE
1. MAXIMUM COMPENSATION
The maximum compensation for all materials and services provided under this Agreement shall not exceed Two Million Six Hundred Thirty-Nine Thousand Three Hundred Dollars ($2,639,300) during the term of the Agreement, subject to budget appropriations. Any additional services or materials requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement.
2. CIVIC PLATFORM ANNUAL SOFTWARE SUBSCRIPTION SERVICES Table B1 sets forth the estimated number of software subscriptions required by the City.
Notwithstanding the foregoing, the actual quantity that will be purchased by the City will be listed on the Order and shall be evidenced by the City's issuance of a Purchase Order. All order documents, including Contractor's Order Form and the City's Purchase Order, shall be deemed to incorporate the terms and conditions of this Agreement and any amendments hereto.
For the avoidance of doubt, the Per Unit Price will serve as the baseline for the annual software subscription fees to be charged during any Subscription Term. Notwithstanding anything to the contrary contained herein, at least 60 calendar days prior to the start of the upcoming Subscription Term, the City will provide Contractor with the number of subscriptions required for the upcoming term. Contractor shall adjust the annual invoice for the upcoming Subscription Term based on the number of subscriptions provided by the City and in accordance with the Per Unit Price set forth in Table B1.
Table B1: Civic Platform - Part # SS-37
Estimated Per Unit
Product Name Quantit Price Extended Total
Accela Civic Platform Silver -Subscription 40 $1,788.00 $71,520.00Term: 11/30/18 - 11/29/19 Accela Civic Platform Silver -Subscription 140 $1,841.64 $257,829.60Term: 11/30/19 - 11/29/20 Accela Civic Platform Silver -Subscription 140 $1,896.89 $265,564.60Term: 11/30/20 - 11/29/21 Accela Civic Platform Silver- Subscription 140 $1,953.80 $273,532.00Term: 11/30/21 - 11/29/22 Accela Civic Platform Silver -Subscription 100 ////////// $179,025.00Term: Prorated 1/1/22 to 11/29/22) Accela Civic Platform Silver -Subscription 240 $2,012.40 $482,976.00Term: 11/30/22 - 11/29/23 Accela Civic Platform Silver -Subscription 240 $2,072.77 $497,464.80Term: 11/30/23 - 11/29/24 Accela Civic Platform Silver- Subscription 240 $2,134.95 $512,388.00Term: 11/30/24 - 11/29/25 Total $2,540,300.00
Amendment No. 1 to Agreement/Accela Page 3 of 4
Rev. 10/25/2019
3. CITIZEN ACCESS ANNUAL FEE
Table B1 sets forth the annual fee for Citizen Access.
Table B2: Citizen Access -Part # AS-37
Population
Product Name Size Net Price
Accela Citizen Access -Subscription Population: 125,948 $12,594.80 11 /30/18 - 11 /29/19
Accela Citizen Access -Subscription Population: 125,948 $13,363.08 11 /30/19 - 11 /29/20
Accela Citizen Access -Subscription Population: 125,948 $13,753.52 11 /30/20 - 11 /29/21
Accela Citizen Access -Subscription Population: 125,948 $14,169.15 11 /30/21 - 11 /29/22
Accela Citizen Access -Subscription Population: 125,948 $14,597.37 11 /30/22 - 11 /29/23
Accela Citizen Access -Subscription Population: 125,948 $15,035.29 11 /30/23 - 11 /29/24
Accela Citizen Access -Subscription Population: 125,948 $15,486.35 11 /30/24 - 11 /29/25
Total $98,999.56
Amendment No. 1 to Agreement/Accela Page 4 of 4
Rev. 10/25/2019