1 SECOND MODIFICATION OF AGREEMENT NO. 10599 (CCS)
This Second Modification of Agreement Number 10599 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Windcave Inc. and formally known as PAYMENT EXPRESS INC. (PX) is made with reference to the following:
RECITALS
A. On or about September 13, 2017 the City and PAYMENT EXPRESS INC. (PX) entered into Contractual Services Agreement, Contract Number 4387 (CCS) for credit card processing services within the Parking Access and Revenue Control System in the City of Santa Monica (“Original Agreement”).
B. On or about December 21, 2017 the City and PAYMENT EXPRESS INC. (PX) entered into a First Modification of Agreement Number 10599 (CCS), (“First Modification”), which updated the original agreement number 4387 (CCS) to 10599 (CCS), extended the contract term to December 31, 2023; included additional services to be performed by PAYMENT EXPRESS INC. (PX); and increased the contract price to pay for those additional services. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. On or about June 3, 2019 PAYMENT EXPRESS INC. (PX), filed a Certificate of Amendment with the State of California Secretary of State, changing its name from PAYMENT EXPRESS INC. to Windcave Inc.
D. The City and Windcave Inc, formerly known as PAYMENT EXPRESS INC. (PX) desire to administratively modify the Agreement to formally reflect the name change of the company from PAYMENT EXPRESS INC. (PX) to Windcave Inc.
DocuSign Envelope ID: BEC2DCD1-AECA-4ADC-BEB2-A40646CED0E6 10/9/2019
2 TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. All references in the Original Agreement, and all modifications thereafter, to “Payment Express, Inc.” or “PX” shall be replaced with “Windcave, Inc.”.
2. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: BEC2DCD1-AECA-4ADC-BEB2-A40646CED0E6 10/8/2019
City Attorney
Lane Dilg
General Counsel
Brian Lundin
10/8/2019
Windcave Inc.
Rick Cole
10/9/2019
City Manager
10/9/2019
City Clerk
Denise Anderson-Warren