25B - AGMT - AMENDED KIOSK - Laserfiche WebLink

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FIRST AMENDMENT TO INDEPENDENT CONTRACTOR SERVICES AGREEMENT THIS FIRST AMENDMENT AGREEMENT, made and entered into this 5th day of September, 2017 by and between C:E. Dean Enterprises, Inc., a Texas corporation, doing business as LD Systems, duly organized and existing under and by virtue of the laws of the State of Texas, authorized to conduct business in the state of California ("CONTRACTOR") having its principal place of business at 4200 International Parkway, Carrollton, Texas, 75007, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"). RECITALS: A. CITY OF SANTA ANA entered into an Independent Contractor Services Agreement (Agreement #N-2017-160, "said Agreement") with CONTRACTOR for the provision of payment kiosk refurbishment and warranty certification services for an amount not to exceed $25,000.00. B. The effective Term of said Agreement was for the period commencing August 3, 2017 and ending December 31, 2017. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services of said Agreement to provide for payment kiosk hardware warranty and software support services (including software licensing, software.upgrade and maintenance, togetherwith remote hosting and monitoring services). D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to further extend the Term through December 31, 2020, with an option for an additional six (6) month term beginning January 1, 2021 and ending June 30, 2021, exercisable by the City Manager and the City Attorney. E. The parties also wish to amend and add Compensation for the additional payment kiosk hardware warranty and software support services and extended Term. 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 this First Amendment to Independent Contractor Services Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, subsection 1.1 shall be amended to include (in addition to Exhibit "A") those services as set forth in Exhibit "A-1" which exhibit shall be attached hereto and incorporated into said Agreement by reference. 2. Section 2, COMPENSATION, subsection 2.1 shall be amended to include Exhibit "A-1" in addition to Exhibit "A" and to increase the maximum total amount expendable under said Agreement from $25,000 to $81,225, which amount shall include a $25,000 contingency fund. Contingency funds may be used in connection with any parts and/or labor or services described in Exhibits "A" or "A-1" or in connection with any additional services or extra work as may be ordered by CITY and agreed to by CONTRACTOR in accordance with Section 16, ADDITIONAL SERVICES, and may include but not necessarily be limited to: added functionality, enhanced platform offerings, third party software/hardware integration(s), and Payment Card Industry Data Security Standard (PCI DSS) compliance requirements. 25B-5