HomeMy WebLinkAboutMINDTOUCH INC. 1A - 2011A-2010-237-01
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on December 6, 2011, by
and between MindTouch, Inc., a California 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 Agreement # A-2010-237, dated December 9, 2010,
(hereinafter "said Agreement") by which Consultant developed and delivered a web
site and information sharing portal.
B. In accordance with the terms and conditions of said Agreement, the parties wish to amend
the scope of said Agreement to provide for system maintenance and support services,
extend the term for an additional one-year period, and increase the compensation to
pay for services during the 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 Agreement, the parties agree as follows:
Section 1, SCOPE OF SERVICES, shall be amended to provide for system
maintenance and support services as set forth in Exhibit A to this Amendment to
Agreement.
2. Section 2, COMPENSATION, shall be amended to increase compensation by
$10,000.00, for a total amount not to exceed $110,000.00, to pay for the services as
set forth in Exhibit A to this Amendment to Agreement.
3. Section 3, TERM, shall be amended to extend the term of said Agreement for an
additional one-year period through December 31, 2012.
4. Except as herinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first written above.
ATTEST:
/2 74?
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
APPROVED AS TO FORM:
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Te-resa L. Judd sistant City Attbrfiey
MINDTO INC.
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Title: dP$??I5
EXHIBIT A-1
1 of 2
Omindtouch Order for
Santa Ana Police Department
MindTouch, INC
401 West A Street Suite 250
San Diego, CA 92101
(866) 646-3868
(619) 795-3948
Customer Information
Account name: Santa Ana Police Department
Bill To:
60 Civic Center Plaza
Santa Ana, CA 92701
us
Products
Quantity Product
1.0
Support - Platinum
Order Form Details
Order number: MT-005698
Offer valid Through: 12/31/2011
Account Rep: Timothy O'Brien
Description
v10 Maintenance and Platinum MindTouch Software Support - Basic System Maintenance,
Advanced System, MET Tickets, 4 Business Hours Response, Email, Real Time Chat, Dedicated
Rep
Total: $8,995.00
Start date: 12/6/2011
Contract End date: 12/31/2012
Payment Method: Purchase Order
Payment Terms: Net 30
Special Terms:
Page 2 of 2
MindTouch, Inc Order Form Terms and Conditions
1. Term Termination
1. This is a One (1) year non-cancelable agreement and shall remain in full force and effect from the effective date
to expiration agreed upon at the time or order unless otherwise noted in the special instructions.
2. When purchased, MindTouch Support provides for the support services elements to resolve technical issues for a
full year.
2. Fees and Payment MindTouch accepts the following methods of guarantee of payment:
1. Credit Card at the time of order for International or Domestic orders
2. Company check for Domestic orders
3. Wire Transfer for International orders
MindTouch offers standard Net 15 Purchase Order terms for payment via Company Check or Wire Transfer unless
otherwise noted on this order form. Credit Card payment is only accepted at the time of order.
License & Support:
MindTouch issues a temporary license upon receipt of order. Upon receipt of payment in full MindTouch will issue
the permanent license within two business days. Support is in full effect from the date of order receipt and expires after one
year unless revoked for non-payment.
Training and Services:
Training must be paid in full prior to execution of any training sessions.
Services of less than $10,000 (ten thousand dollars) must be paid in full prior to commencement of the services
engagement. Service engagements of more than $10,000 (ten thousand dollars) are subject to a payment of 50% (fifty
percent) or no less than $10,000 (ten thousand dollars) prior to commencement with the balance due at negotiated
milestones or final project delivery.
3. Using MindTouch Support Service Hours
1. Support hours extend from 6:00 AM to 5:00 PM Pacific Time (U.S.A), Monday through Friday. Special
concessions may be made in advance for meeting times and support hours, with the exception of major US
holidays.
2. MindTouch support allows for one or more, pre-authorized customer contacts, to initiate support requests through
proper support channels, outlined below. MindTouch does not directly provide end-user support or training unless
purchased separately.
3. All MindTouch Enterprise Support requests may be made in one of the following:
1. Http7l/www.min(itQuch.QomlStipp-Qrt
2. Toll Free: 1-866 646 3868 Domestic
3. 1-619 795 8459 International
4. Email: Support@MindTouch.com
4. Renewal
Any annual term beyond the Initial Term. MindTouch software and support is automatically renewed for successive one (1)
year periods commencing at the end of the Initial Term unless Client provides MindTouch advance written notice of
non-renewal at least sixty (60) days prior to the expiration date of the Initial Term or the then current Renewal Term.
Acceptance Agreemen?
MindTouch, INC d % Santa Ana Police Department
Signature Xw Signature
Name LL"1191 EA.Ilc Name