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HomeMy WebLinkAboutMILLER MENDEL, INC. (3)INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE° N-2020-104-01 FIRST AMENDMENT TO MASTER SOFTWARE LICENSE AND SERVICES N AGREEMENT WITH MILLER MENDEL, INC. 0 CV THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 23, 2022, by and between Miller Mendel, Inc. ("MMI"), and the City of Santa Ana, a charter city and v municipal corporation organized and existing under the Constitution and laws of the State of CZ) California ("Client"). O: (�ci (Gwtdr. JorwYov� �M�I RECITALS A. The parties entered into Agreement No. N-2020-104 ("Agreement") dated May 28, 2020, to provide a software license to allow the Client to manage pre -employment background investigations for employment applicants with the Client. The Agreement term is from June 21, 2020 through June 20, 2023. The Agreement is current and in effect. B. The parties now wish to amend the Agreement to increase the overall compensation for services during the remainder of the term for the Agreement. The Parties therefore agree: Section 3.6, Total Authorized Cost, is hereby amended to read as follows: The parties agree to increase the Contract Costs by an additional $15,321.65. The total amount to be expended during the term of this Agreement, including all payments from Client to MMI for yearly license/fee as detailed in Table 3.2 and data storage overage fees described in Section 3.1.6, will not exceed $45,000 ("Total Authorized Cost"). In the event services (e.g. Data Storage or Support Service fees) requested or incurred by Client will result in costs greater than the Total Authorized Cost, then MMI shall notify Client as soon as MMI becomes aware. Client is responsible for adjusting the Total Authorized Costs to cover any extra Data Storage or Support Services fees. MMI is not obligated under this Agreement to provide extra Data Storage or Support Services that would cause Client to exceed the Total Authorized Cost, and Client shall remain obligated to pay excess costs for additional Data Storage and/ or Support Services requested by Client's Administrative User(s). Any additional increase to the Total Authorized Costs, as provided herein and for any renewal detailed in Section 4.2,-below, may be subject to approval by the City Council for the City of Santa Ana. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney �e/y� By:V VIU� Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL l David —C, of of Police CITY OF SANTA ANA KRISTINE RIDGE) City Manager MILLER MENDEL, INC. By' T le iller, President & CEO Title: y Page 2 of 2