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INSURANCE ON FILE <br />ARK MAY PROCEED <br />UNTIL INSURANCEXPIRES <br />Q' <br />CLERK Or, <br />COUNCIL <br />9ATEa � ' g 2013 <br />\JO'yv e, NQn <br />SECOND AMENDMENT TO SOFTWARE <br />LICENSE AND SERVICE AGREEMENT <br />N-2011-098-002 <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into this 1" day of July, <br />2013 by and between Card Metering Systems, Inc., a California corporation ("CMS") and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties seek to extend the term of that certain Agreement N-2011-098 dated June 17, <br />2011, as amended on July 1, 2012 (Agreement N-2011-098-001) (collectively "said Agreement") <br />for CMS to install, service and maintain copier and micrographic printers with debit card <br />technology at City facilities. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend certain terms thereof and extend the tern of said Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Amendment, the <br />parties agree as follows: <br />1. Section 4, Compensation, shall be amended to read as follows: <br />"COMPENSATION" <br />The parties agree that the CMS shall remove the debit card units and <br />dispensers from all equipment and replace them all with the coin/bill units to the copiers, <br />and shall amend the Equipment List (Exhibit A) accordingly. The language regarding <br />"Commission" in said Agreement shall be removed in its entirety. <br />A. City staff copier charges will be $0.03 (Three Cents) per copy. <br />B. The Monthly Minimum guarantee language shall be removed in its <br />entirety; City will not guarantee a minimum monthly revenue to CMS. <br />C. City shall be invoiced on a quarterly basis for staff copier charges. <br />Payment by City shall be made within thirty (30) days following receipt of <br />invoice, subject to City accounting procedures. <br />D. CMS will provide all of the CMS owned equipment at no cost to the <br />City. <br />E. Compensation for the copier services hereunder shall not exceed Fifteen <br />Hundred Dollars ($1,500.00). <br />2. Section 3, the Term, shall be extended one year, through June 30, 2014. <br />3, Except as herein amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />