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A-2016-9 34 <br />SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 7, 2016, by <br />and between Invoice Cloud, Inc., a Delaware Corporation, (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement N-2015-174, dated November 19, 2015, <br />(hereinafter "said Agreement") by which Consultant having special skill and knowledge in <br />the field of payment processing and electronic and enhanced bill presentment and payment <br />agreed to perform such services to the City. The Term of said Agreement was to expire <br />March 31, 2016 and Compensation for said services was not to exceed $25,000.00 unless <br />amended by the parties for a greater specified amount. <br />B. The parties entered into a first amendment of said Agreement (N-2015-174-01), dated March <br />31, 2015, (hereinafter "said First Amendment to Agreement") by which the Term and Scope <br />of said Agreement where amended to: (1) extend the Term by six months beginning April 1, <br />2016 and terminating September 30, 2016; and (2) expand the Scope of Consultant's <br />payment processing and electronic bill presentment and payment services to include City's <br />Proactive Rental Enforcement Program (PREP) accounts. <br />C. The parties now desire to enter this Second Amendment to further expand the Scope of <br />Services, extend the Term of said Agreement, and increase the Compensation. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement and said First Amended Agreement, the <br />parties agree as follows: <br />1. The parties hereto now desire to amend. Section 1. of said Agreement (Scope of Services) to <br />expand the scope of Consultant's payment processing to include enhanced electronic bill <br />presentment and payment (EBPP) services to include City's Municipal Utility Services <br />(MUS) accounts as set forth in Exhibit A "Invoice Cloud Biller Order Form" and Exhibit B <br />"Invoice Parameters" both of which exhibits are herein incorporated by reference. Said <br />enhanced EBPP services to include EBPP portal with real-time account balance pull and <br />real-time payment posting to System & Software, Inc.'s enQuesta CIS (any version) and <br />Single Sign -on (SSO) capabilities with System & Software, Inc.'s WebConnect portal. <br />2. The parties hereto now desire to amend Section 1. of said Agreement (Scope of Services) to <br />provide for a change order process in connection with the implementation and on-going <br />support of payment processing and electronic and enhanced electronic bill presentment and <br />payment services under this Agreement. Any change order mutually agreed to by the <br />parties hereto in connection with these services will be calculated using Consultant's current <br />schedule of charges, provided that the professional consultant labor rats charged shall not <br />exceed $175.00 per hour. <br />I <br />