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HomeMy WebLinkAboutResolution - 2022-R0003 - Amendment No. 1 to Contract 16192 with EnCodeResolution No. 2022-R0003 Item No. 7.8 January 11, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Amendment No. 1 to Professional Services Agreemi Contract No. 16192 for a software license agreement for the design and use of enCode Plus, and between the City of Lubbock and enCode Plus, LLC, and related documents. Said Amendm is attached hereto and incorporated in this resolution as if fully set forth herein and shall included in the minutes of the City Council. Passed by the City Council on January 11, 2022 DANIEL M. POPE, MAYOR ATTEST: Rebce a Garza, City Secret • •'Z�Ii1�117_r. ILiZ�Z�] um (7)* Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: elI� li Leisure, Assistant City Attorney ccdocs/RES.Amend #I PSA-No. 16192 enCode 12.07.21 Resolution No. 2022-R0003 ('�ENCODE r-. 1.800.381.9286 1 [ info@enCodePlus.com �.. 1415 Highway 6 South, Ste A300, Sugar Land, TX 77478 ENCODEPLUS.COM AMENDMENT TO SOFTWARE AS A SERVICE AGREEMENT 16192 Whereas enCodePlus, LLC, as the Licensor, and the City of Lubbock, a public body corporate and political subdivision of the State of Texas, as the Licensee, have entered into an Agreement, effective May 28, 2019, by which Licensor granted Licensee a non -transferable, non-exclusive, limited, non -assignable license to use the software covered by the agreement; And, whereas the original 18-month license term in the amount of $6,375 was for the period from May 29, 2019 through March 28, 2021, And, whereas the annual fee for each one-year period beginning on March 29, 2021 and ending on March 28, 2025 is in the amount of $4,250; And, whereas Licensee requests the build and addition of the following premium features and their individual costs: One Time Annual — Bufferyard Calculator $2,750 — Parking Calculator $2,750 — Signage Calculator $2,750 And, whereas the total one-time build cost amounts to $8,250; And, whereas the total amount due upon execution of this Amendment equals the annual fee of $4,250 (March 29, 2021 through March 28, 2022), plus the one-time build fee of $8,250 for a total of $12,500; Now, therefore, be it resolved that: Licensor and Licensee agree to the terms of this Amendment; This amendment is done pursuant to Section 17, Amendment and Modification, of the Software License Agreement and all other terms and conditions of the Agreement shall continue in full force and effect and shall govern this Amendment as if repeated herein in full. I. • November 29, 2021 Page 2 CI'fl' OF LUBBOCK Daniel M. Pope, Mayor ATTEST: Rebec Garza, City Secret APPROVED AS TO CONTENT: B64LIsh m, AICP, Director of Planning AP�D AS TO FORM: 1 Ke li Leisure, Assistant City Attorney, CONTRACTOR BY: ,/�/`��%cJ/ ) enCodePlus, LLC, Authorized Representative C. )4�.%r Print Name 105 Nt6hwA4 6 -5� t n,' A30o Address �y4arz 7747el City, State, Zip Code