The URL can be used to link to this page

Home My WebLink AboutSYSTEM INNOVATORSA-2019-135 INSURANCE NOT REQUIRED EXHIBIT 1 WORK MAY PROCEED CLERK OF COUNCIL a "T' SEP 0 9 2019 THIRD AtMENDMENT TO AGREEMENT p'. FM5A�0) THIS THIRD AMENDMENT TO AGREEMENT, is entered into on August 20, 2019, by and between System Innovators; a division of N. Harris Computer Corporation (System Innovators), a Florida corporation (hereinafter "Consultant"), 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. The parties entered into a three year Software Support and Maintenance Agreement (Agreement A-2014-073) effective April 1, 2014 (hereinafter "said Agreement") by which Consultant has provided citywide support and maintenance services which include revisions, updates and enhancements to the Software and related Hardware and materials under the Agreement. B. The parties subsequently entered into a First Amendment to that Agreement (A-2014-358) on December 16, 2014 to expand the Scope of the Agreement to procure additional hardware and professional software services and related maintenance and support in connection with implementation of an Image Cash Letter Solution. C. The parties thereafter entered into a Second Amendment to that Agreement (A-2016-099) on May 3, 2016 to extend the Term by three (3) years beginning with the 2017 calendar year with the option to further extend said Agreement for one additional two (2) year period (calendar years 2020 and 2021). D. The parties contemporaneously amended Compensation under said Agreement beginning with third year of the original Term (calendar year 2016) to increase compensation to Consultant for additional professional software services and related maintenance and support. E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Tenn under said Agreement to bifurcate the two (2) year extension period set out in the Second Amendment to the Agreement into two one (1) year extension periods and hereby exercise the first extension for the period beginning January 1, 2020 and ending December 31, 2020. F. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of the Agreement for the third year of the amended Term to procure additional hardware and related maintenance and support and to correspondingly increase Compensation therefore in the amount of $27,087.21. In addition, the parties wish to include extra work and change order authorization for the remainder of the amended Tenn including the additional extension periods. G. In accordance with the terns and conditions of said Agreement, the parties wish to further amend the annual Compensation amount beginning for the 4th and 5th years of the amended Term covering the two one (1) year extension periods by the amount of $3,288.44 and further add a ten percent (10%) contingency amount in the sum of $12,735.00 for the remainder of the amended Term including the additional extension periods. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, as amended in the afore -mentioned First and Second Amendments to said Agreement, the parties agree as follows: 25B-5 1. The parties hereto now desire to amend said Agreement to amend the Term to bifurcate the single optional two (2) year extension period (calendar years 2020 and 2021) into two individual (1) year extension periods (calendar year 2020 and calendar year 2021) and to further to hereby exercise the first said extension for the period beginning January 1, 2020 and ending December 31, 2020. The second remaining optional extension period for calendar year 2021 to be 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 the Compensation under said Agreement for the third year of the previously ameaded Term (calendar year 2019) to increase compensation to Consultant by adding an additional Twenty Seven Thousand Eighty Seven Dollars And Twenty One Cents ($27,087,21) for additional professional software services and additional hardware, hardware maintenance, and support as set forth in ("Santa Ana Amended Schedule of Support & Hardware Maintenance 07/01/2019 - 12/31/2019 - 20190805-A — SAN70") and ("Santa Ana Hardware Purchase 07/01/2019 - 12/31/2019 — 20190805-B — SAN7V) which are herein incorporated by reference as Exhibit A and Exhibit B, respectively. 3, Payment by City for additional professional software services and related hardware, maintenance, and support as set forth in Exhibits A and B shall be made in accordance therewith following receipt of proper invoicing, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals of said Agreement which may reasonably be expected by City, 4. The parties hereto now desire to amend Article VI "General" (Terns] of said Agreement to add the following subsection provisions as set forth below: 6-16 ("Extra Work") and 6-17 ("Change Order"). 6-16 Extra Wor City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work, 647 Change Order No extra work may be undertaken unless a written "Change Order" is first given by the City to the CONSULTANT, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. 5. The parties hereto now desire to amend Exhibit 1, Schedule B, of said Agreement for years 4 through 5 of the extended Term of said Agreement during which City agrees to pay and Consultant agrees to accept the iNovah Software and Hardware Support and Maintenance Payment Schedule as set forth below (to which a ten percent (10%) contract contingency in the amount of $12,735.00 is hereby added, exercisable solely in the discretion of City exercisable for extra requested work, materials, and/or hardware or software support by Consultant pursuant to a duly issued change order): 25B-6 Optional Contract Extension Periods (2020 & 2021) Software and Hardware Support and Maintenance Year 4 - 2020 Calendar Year = $43,883.14 (previously $42,238.92 + additional $1,644.22) Year 5 - 2021 Calendar Year = $45,732.59 (previously W,088.37 + additional $1,644.22) Total = $102,350.73 ($89,615.73+ contingency $12,735) 6. Payment by City for software and hardware support and maintenance as set forth in section 5 above shall be made in accordance therewith following receipt of proper invoicing, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals of said Agreement which may reasonably be expected by City. 7, Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 8. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. /// (Signatures on following page) 25B-7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. APPROVED AS TO FORM: SONIA R. CARVALHO CItyA orne By: Ryan odg Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA KRIST E RIME City Manager CONSULTANT System Innovators, a division of N. Harris Computer Corporation / 5wn44't' August 7, 2019 Kathryn Downs, Executive Director J ffrey Sumner Finance R Management Services Agency Executive Vice President Tax ID# 95-0141520 25B-8 EXHIBIT A System Innovators ( 11S.I.11) (Santa Ana Amended Schedule of Support & Hardware Maintenance 07/01/2019 -12/31/2019 - 20190805-A — SAN70) S.I. - 07/01/2019 to 12/31/2020) Note Software Support (SWS) I SI MAINT iNovah- SWS: 7/1/2019 to 12/31/2019 $ 15,703.69 $ 15,703.69 (Includes COMPROD/CCIVITEST Database & Data Ticket Interfaces) I SI MAINT iNovah Additional Software Support for 100,000 $ 2,500.00 $ 2,500.00 receipts I Note Hardware Support (HS) 21 HWD MAINT TPG A776 Printer- HWX: 7/1/2019 to 12/31/2019 $ 105.00 $ 2,205.00 12 HWD MAINT APG Cash Drawer - HWX: 7/1/2019 to 12/31/2019 $ 35.00 $ 420,00 1 Note Third Party Support (TPIVI) 1 SI - TPM Check 21 (ICL to Chase) - SWS: $ 1,910.08 $ 1,910.08 7/1/2019 to 12/31/2019 Note System Innovators will conduct receipt license audits on an basis. City of Santa current annual receipt license = "300,000" receipts. Subtotal $ 22,738.77 Tax $ 242.82 Total $ 22,991.59 2' �19 38 EXHIBIT B System Innovators (" S.I.") (Santa Ana Hardware Purchase 07/01/2019-12/31/2019 — 20190805-B — SAN70) S.I. - 07/01/2019 to 12/31/2019 (Additional Hardware) Ouantfty Ordered Code Type ' ` Description Item Price4" Extended Price 5 HWD Receipt Printers $ 599.00 $ 2,995.00 1 HWD Cash Drawer (till) $ 268.00 $ 268.00 1 HWD Imager $ 495.00 $ 495.00 Subtotal $ 3,758.00 Tax $ 347.62 Total $ 4,105.62