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HomeMy WebLinkAboutContracts & Agreements_147-2020FIRST AMENDMENT TO AGREEMENT TO FURNISH LABOR COMPLIANCE REVIEW SOFTWARE This first amendment ("First Amendment") to the agreement for the provision of a license and related services ("Agreement") dated July 24, 2017 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and LCPtracker, Inc ("Consultant"), is made and entered into this 71h day of July, 2020 RECITALS WHEREAS, it is the desire of City and Consultant to amend Article 2 4 of their existing Agreement to extend for additional three years, and WHEREAS, it is the desire of the City and Consultant to amend Article 3 1 of their existing Agreement more particularly descnbed in Exhibit "A," titled "Services and Rate Schedule," WHEREAS, it is the desire of the City and Consultant to amend Article 4 2 of their existing Agreement to change the name of the City's representative from former representative, Chris Diggs, to the current representative, Rudolph S Chow, and WHEREAS, it is the desire of City and Consultant to amend Article 5 1 of their existing Agreement to increase Consultant's present total compensation of thirty nine thousand dollars ($39,000) to the amount of sixty seven thousand five hundred dollars (567,500), and WHEREAS, it is further the desire of the City and Consultant to amend their existing Agreement to reflect a change in the address of City, NOW, THEREFORE, City and Consultant agree as follows AGREEMENT Section 1. Subsection 2 4 of Article 2 of the Agreement, which Article is titled "License," is hereby amended to read as follows "2 4 The license granted herein is operative for up to six years, commencing upon the Effective Date of this Agreement " Section 2. The scope of work performed by Consultant pursuant to Exhibit "A" of the Agreement, titled "Service and Rate Schedule," is hereby amended to include the work that is identified in Exhibit "1," which is attached hereto and incorporated herein by this reference Section 3 Subsection 4 2 of Article 4 of the Agreement, titled "Responsibilities of the City," is hereby amended to read as follows "4 2 City designates Rudolph S Chow, Municipal Utilities and Engineering Department Director, as City's representative with respect to performance of the Services, and such 1 L Icald}mlAgreementsliirst Amendment 10 LCPTracker Agreement.docx jn person shall have the authority to transmit instructions, receives information, interpret and define City's policies and decisions with respect to performance of the Services " Section 4 Subsection 5 1 of Article 5 of the Agreement, titled "Payments to Consultant," is hereby amended to read as follows "5 1 City shall pay Consultant a not to exceed sum of sixty seven thousand five hundred dollars ($67,500) as compensation for the license mentioned herein and the associated Services City shall pay Consultant in accordance with Exhibit "A " Section 5. Subsection 5 2 of Article 5 of the Agreement, which Article is entitled "Payments to Consultant," is hereby amended to read as follows "City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 E-mail jdonaldson@cityofredlands org (909) 798-7531" Mark Douglas, President LCPtracker, Inc P O Box 187 Orange, CA 92856 mdouglas@lcptracker com (714) 669-0052 Ext 100 Section 6. All other provisions of the Agreement shall remain unchanged by this First Amendment and m effect IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 7, 2020 CITY OF REDLANDS By LCPTRACKER, INC. Paul W Foster, Mayor Mark Douglas, Presiden ATTEST e Donaldson, City Clerk 2 L 1ca\dimAAgreements\First Amendment to LCPTracker Agreement.docx.in Exhibit "1" Services and Rate Schedule Start Up Fee $3,950 00 One Time Fee 1) Configure LCPtracker software in accordance with City policies; 2) Setup electronic administrative account, 3) Three administrative web training sessions for new staff on software updates, 4) Unlimited contractor web training sessions as reasonably scheduled by Consultant, 5) One prevailing wage data load (up to eight hours of load time), 6) Training and consulting regarding how to load prevailing wage data, 7) Unlimited relevant data storage for the term of contract, after which all data will be archived for 3 years, and 8) Perform all regular software updates Bulk Project License fee. (On-going, Yearly Fee for first (On-going, Yearly Fee for additional License fee supports up To $25 million in total contract amounts per fiscal year 1) Unlimited administrative users/licenses, 2) Unlimited contractor access/licenses, 3) Phone and email technical support for administrative users, 4) Phone and email technical support for contractors, 5) Web -based training for all contractors, and 6) Supplemental online video training $9,000 00 Three Years) $9,500 00 Three Years) First year's license fee of $9,000 has been paid after the online software configuration completed Renewal license fee of $9,000 is being paid yearly from the purchase of software for first three years Renewal license fee of $9,500 to be paid yearly for an additional three years Back-up Data DVD/Flash Drive $525 00 (Excludes Tax) One DVD will be provided and paid for at the end of each year software is operational or as requested by City Data Storage • Projects will remain on LCPtracker and will not be deleted If City's database becomes inactive for more than one year, City's data will be saved and archived for 3 years. • City will have access to do all reporting, annual reporting, and read access to all data • Project can be reactivated at any time (monthly billings will be brought current) City may request an audit of the accuracy of the Licensed Software's performance If such an audit is requested a charge of $150/hour will be charged by Consultant for staff and resources to honor such a request TOTAL NOT TO EXCEED FEE $67,500.00 3 L lcaldjmlAgreementsWirst Amendment to LCPTracker Agreentent.docxp