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HomeMy WebLinkAboutProfessional Services Agreement with Accela for Implementation of City Wide Planning, Permitting, Licensing and Code Enforcement System Addendum No. 01FIRST ADDENDUM to AGREEMENT FOR PROFESSIONAL SERVICES FOR IMPLEMENTATION AND CONFIGURATIQN OF A CITY WIDE PLANNING, PERMITTING, LICENSING AND CODE ENFORCEMENT SYSTEM This FIRST ADDENDUM to AGREEMENT FOR PROFESSIONAL SERVICES FOR IMPLEMENTATION AND CONFIGURATION OF A CITY WIDE PLANNING, PERMITTING, LICENSING AND CODE ENFORCEMENT SYSTEM ("First Addendum") is made and entered into this ~ day of June, 2011("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Accela, Inc., a corporation organized under the laws of the State of California (hereinafter "Consultant"). WHEREAS, on or about September 28, 2010, Consultant and City entered into an Agreement for Professional Services for Implementation and Configuration of a City Wide Planning, Permitting, Licensing and Code Enforcement System ("September 28, 2010 Agreement"), under which, inter alia, the September 28, 2010 Agreement would expire upon completion of the therein agreed upon services, or June 30, 2011, whichever comes first; and WHEREAS, it is mutually agreed by the Parties that the expiration of the September 28, 2010 Agreement should be postponed in order to provide enough time for the completion of all deliverables, including, without limitation, Deliverable 20 (four (4) weeks of Post Deployment Support and Transition to Customer Resource Center); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. That the reference to June 30, 2011 in Section 3 of the September 28, 2010 Agreement shall be stricken and shall be replaced by a reference to August 31, 2011, as follows: 3. Time of Performance: This Agreement shall become effective upon execution b both arties. The Professional Services Agreement shall expire Y p upon completion of the agreed upon services, or , Au~c ust 31, 2011, whichever comes first, unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibits A-F. The License Agreement executed contemporaneously herewith shall be perpetual and shall continue in full force and effect unless earlier terminated as provided therein. The Maintenance Agreement executed contemporaneously herewith shall expire five (5) years from the effective date of that agreement. II. That, except as expressly modified by this First Addendum, all provisions of the original September 28, 2010 Agreement shall remain in full force and effect. No other .understanding, whether oral or written, whether made prior to or contemporaneously with this First Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the September 28, 2010 Agreement or this addendum thereto. FIRST ADDENDUM TO AUGUST 14, 2008 AGREEMENT PAGE 1 OF 2 III. The party signing below on behalf of Consultant expressly warrants that he is duly authorized to act as the representative. and agent of Consultant and its principals. Further, the validity of this First Addendum shall be expressly conditioned upon City Council action approving same. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized officers to be effective as of the day and year first above written. ACCELA, INC: Signature a~ ~t..Sa~rrru~~ Print name _~sst L'o~Dor4fr .,Ser~tl~ary Title DIANE JANKIEWICZ Commisalon ~ 1775149 Notary Public - Colifomla Contra Co:fa County Comm. Oct22,2011 CITY OF MERIDIAN: STATE OF CALIFORNIA ~ ss: County of ~0l?~"Q ~`G~S~Gt ) I HEREBY CERTIFY that on this ,~~da of June 2011 ~ y , before the undersigned, a Notary Public in the State of California, personally appeared CO~II! ~, ~Crl~#ifl ~'~,i , proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Californi Residing at ~~'~l1,1~~e/J~'1-Glrf ,California My Commission Expires: DC~'~ ~~. ~!! ~.~C BY: ~~~ Tammy eerd Mayor FIRST ADDENDUM TO AUGUST 14, 2008 AGREEMENT PAGE 2 OF 2