CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number ___1______ (insert amendment #) to the above referenced Agreement is entered into on 5/16/2024: between the City of Stockton (“City”) and Comcate Software Inc “Contractor”.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and Exhibit A, Option to Renew, states both Parties may extend this Agreement up to _four (4) additional years____, however, the total term of the Agreement including the extended term shall not exceed _five (5)_ years and The City needs to renew the term specified in Paragraph 2 of the Standard Agreement to extend this Agreement, add renew Phase 1 annual licenses, add Phase 2 products, services, and license fees per attached proposal , and increase the compensation to the contract; and
The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $ 617,999.11 to pay for the Contractor for phase 2 of services per attached proposal; and
Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Paragraph 2 of the Standard Agreement is amended to: May 16, 2028;
2.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 “
The maximum the Contractor shall be paid on this Agreement is $ 714,598.11 (hereafter the “not to exceed” amount). The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $96,599.00 Ext ended Term the maximum not to exceed amount is $ 617,999.11 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $714,498.11
3. Additional services, as per attached proposal
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN W
ITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
___Com
cate Software Inc________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
____________
_________________________________________________________________________________ Authorized Signature Date
___Dav
e Richmond, President____________________________________________________________________ Printed Name and Title of Person Signing
Agreement Number: Amendment
Number:
423000606 1
04/03/2024
ATTACHMENT B
2 (Rev. 03.21.22)
___94
50 SW Gemini Drive, Suite 61173, Beaverton, OR 97008-7105_____________________________________ Address
CITY OF STOCKTON
________
_____________________________________________________________________________________ Harry Black, City Manager Date
ATT
EST:
________
_____________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPRO
VED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
ATTACHMENT B