25B - AGMT - BILLING SOFTWARE - Laserfiche WebLink

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THIRD AMENDMENT TO AGREEMENT `PHIS °rHiRD AMENDMENT TO AGREEMENT is entered into on March 15, 2016, retroactive to January 1, 2016 in order to provide continuous uninterrupted service, by and between Systems & Software, Inc., a Vermont corporation ( "S &S ") and the City of Santa Arsna, a charter city and municipal corporation organized and existing under the Constitution and laves of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A -2004 -053, dated March 3, 2008, (hereinafter "said Agreement ") by which S &S has licensed to City, utility billing application software, along with support and maintenance of such software. B. The parties successively entered into: (1) a First Amendment to that Agreement (A- 2010 -016) on February 10, 2010 to clarify the process for annual renewal of support services and to amend the calculation by which the Support Service Program cost will be adjusted; and (2) a Second Amendment to that Agreement (A- 2013 -003) on February 13, 2013 to amend said Agreement to extend the Terms by one -year with the option of two additional one -year renewals. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the afore - mentioned First and Second Amendments to said Agreement, the parties agree as follows: 1. The parties hereto now desire to amend said Agreement to extend the Tenn by three (3) years beginning with the 2016 calendar year with the option(s) to further extend said Agreement for two additional one (1) calendar year period(s) (2019 and 2020), exercisable by the City Manager and City Attorney upon a written request executed by the City Manager, subject to non- substantive changes approved by the City Manager and City Attorney. 2. The parties hereto now desire to amend said Agreement to upgrade the enQuesta Customer Service Information Service and Utility Billing Software application (version 3E) as described in Exhibit 1 of said Agreement ( "enQuesta ") to version 4.5 as described in S &S'enQuesta Upgrade Statement of Work, dated February 16, 2016, which is herein incorporated by reference as Exhibit A. 3. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A in accordance with the Payment Schedule as set forth in Appendix F. The total sutra to be expended thereon under this Agreement shall not exceed $225,500.00 for the enQuosta version 4.5 upgrade. In addition thereto, the City agrees to pay and the Consultant agrees to accept the enQuesta software maintenance ;payment schedule as set forth below: Base Contract Period (2016 & 2017 & 2018) Basic Software System + Upgrade Maintenance FY 2015 -16 - $137,236 +$ 0 $137,236 FY 2016 -17 - $142,725 + $ 15,000 = $157,725 FY 2017 -14 - $148,434 + $ 13,000 $161,434 Total = $456,395 Optional Contract Period (2019 & 2020) Basic Software System + Upgrade Maintenance FY 2018 -19 - $154,372 + $ 13,520 = $167,892 FY 2019 -20 - $160,547 + $ 14,061 = $174,608 Total —$342,500 - .