Contracts and Agreements
7/23/2019 5:37:05 PM
7/23/2015 10:28:52 AM
CONTRACTS and AGREEMENTS
Admin - Info Technology
IT Services Agreement
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(b) Section 2.1.3 is amended to read: <br /> "2.1.3 For eaehthe First Extended Term, the amount of '. , :! : .- • .. . <br /> seventy two thousand three hundred eighty dollars) $15,084 (fifteen thousand <br /> and eighty four dollars) for base contract services, plus a 10% contingency for <br /> potential services outside the scope of the Agreement, or a maximum of$189,618 <br /> (one hundred eighty nine thousand six hundred eighteen dollars) for each <br /> Extended Term. • <br /> (c) Section 45.1 is amended to read: <br /> "45.1 Notices. Except as otherwise provided herein, all notices required under <br /> this Agreement shall be in writing and delivered personally or by first class mail, <br /> postage prepaid, to each Party at the address listed below. Either Party may <br /> change the notice address by notifying the other Party in writing. Notices may be <br /> sent by either facsimile or U. S. Mail. Notices shall be deemed received upon <br /> receipt of same or within three (3) Business Days of deposit in the U. S. Mail, <br /> whichever is earlier. Notices sent by facsimile shall be deemed received on the <br /> date of the facsimile transmission. <br /> If to Contractor: If to City: <br /> CONTRACTOR REPRESENTATIVE CITY REPRESENTATIVE <br /> Andrew SalisburyDeepika Bhatia ukasz Buchwald <br /> Prosum, Inc. City of Rancho Palos Verdes <br /> 30940 Hawthorne Blvd <br /> 2201 Park Place, Suite 102 Rancho Palos Verdes, CA 90275" <br /> El Segundo, CA 90245 <br /> (e) The following shall be added to Exhibit"A," Scope of Work and Fees: <br /> "18. City shall obtain cyber liability insurance to mitigate any <br /> damages or losses that may result from network or system infiltration. Neither <br /> party is liable for any damages or losses suffered due to cyber security <br /> infiltration provided that reasonable standards and prevention measures are <br /> implemented by the responsible party. Each party hereby releases, discharges, <br /> and holds harmless the other party and its employees, agents, officers and <br /> directors from all claims, liability, and losses or damages related to cyber <br /> security infiltration. The foregoing limitation shall not apply to Consultant in <br /> the event that damages or losses suffered by the City are due to negligence by <br /> Consultant." <br /> 2. Continuing Effect of Agreement. Except as amended by Amendments No. 1 and <br /> 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and <br /> after the date of this Amendment No. 2, whenever the term "Agreement" appears in the <br /> Agreement, it shall mean the Agreement, as amended by Amendments No. 1 and 2. <br /> 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and <br /> Contractor each ratify and reaffirm each and every one of the respective rights and obligations <br /> 01203.0001/558924.3 -2- <br />
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