City of Santa Monica
Agreement Number 9509 (CCS)
FIRST MODIFICATION OF
SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT
This FIRST MODIFICATION OF SOFTWARE MAINTENANCE ANUSUPPORT AGREEMENT ("First Modification"), entered into this _1_ day of June, 2017, by and between the CITY OF SANTA MONICA, a municipal corporation ("City"), and ACCELA, INC., a California corporation ("Vendor") is made with reference to the following:
RECITALS:
A. On or about February 14"h, 2012, the City and Vendor entered into a Software License and Service Agreement Number 9509 (CCS) for a purchase of the web based land management system used by the City of Santa Monica's Planning and Community Development Department, Public Works Department, and Fire Department, which has been amended by a First Modification dated August 27, 2014 and a no-cost change order entered into in May 17th (collectively the "Software License").
B. Concurrently with the Software License, on or about February 14, 2012, the City and Vendor entered into a Software Maintenance and Support Agreement ("Maintenance Agreement"), which was extended by one year pursuant to a letter dated January 31, 2017 issued by the City's City Manager. Both the Software License and Maintenance Agreement have been assigned the same City of Santa Monica Agreement Number 9506 (CCS).
C. The City and Vendor now desire to modify the Maintenance Agreement to extend the term and increase the compensation in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
Section 4 of the Maintenance Agreement entitled "Term of Agreement" shall be deleted and replaced with the following:
4. Term of Agreement. This Maintenance Agreement shall
commence upon the Effective Date of the Software License and shall terminate on February 20th, 2022 ("Expiration Date"), unless extended as provided herein or terminated in accordance with Section 13 of the Maintenance Agreement. This Maintenance Agreement may be renewed by the City at its sole option for additional one year terms.
2. Section 5 of the Maintenance Agreement entitled "Fees and Charges" shall be 1 changed to include the following:
Maintenance Fees. The maintenance fee shall be Forty Thousand Seventy-Six Dollars and Forty-Two Cents ($40,076.42) for the contract period between February 215, 2017 through February 20th 2018 in accordance with Vendor's Quotation dated December 20th 2016, a copy of which is attached hereto as Exhibit A-1 and incorporated herein by reference. Future year funding shall be subject to annual budgetary appropriation by the City Council. The annual maintenance fee for any subsequent year (s) shall increase each year by no more than 7% over the fee paid in the previous year.
The total amount of compensation to be paid for all maintenance services provided by Accela, Inc. pursuant to this First Modification shall not exceed $230,469.
Total Amount Not To Exceed for Software License and
Maintenance Agreement. The total amount of compensation for services rendered pursuant to the Maintenance Agreement, this First Modification, and the Software License shall not exceed Seven Hundred Ninety-Eight Thousand One Hundred and Forty-One Dollars ($798,141).
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2 3. Except as expressly modified by this First Modification, all other terms and conditions of the Maintenance Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
CITY OF SANTA MONICA,
ATTEST: a municipal corporation
ich
DENISE ANDERSON-WARREN RİCK COLE
City Clerk City Manager
APPROVED AS TO FORM:
Interim City Attorney
ACCELA, INC.
By: ACt
Print Name: Say Colter
Title: chief Revenve officer
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