HomeMy WebLinkAboutAgreement A-16-676-2 with BMI Systems Inc..pdf1
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SECOND AMENDMENT TO AGREEMENT
Agreement No . 16-676-2
3 THIS SECOND AMENDMENT TO AGREEMENT ("Second Amendment") is made and entered
4 into this -1.Q.!!l_ day of December , 2019 ("Effective Date "), by and between COUNTY OF
5 FRESNO , a pol itical subdivision of the state of California, Fresno, California ("COUNTY "), and BMI
6 Imaging Systems, Inc., a California corporation, whose address is 1115 East Arques Avenue ,
7 Sunnyvale, CA 94085 ("CONTRACTOR ").
8 WITNESSETH:
9 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 16-676 , dated
10 December 6, 2016 ("Agreement"), pursuant to which CONTRACTOR agreed to issue software
11 licenses for its online Hosting Service ("DIGITAL REEL TM") to COUNTY ; and
12 WHEREAS , COUNTY and CONTRACTOR entered into the First Amendment , dated October
13 9, 2018 ("First Amendment"), to add additional professional services related to imaging system
14 upgrades, and to increase the maximum compensation amount ; the Agreement with the First
15 Amendment shall collect ively be referred to as "the Agreement , as Amended";
16 WHEREAS, COUNTY and CONTRACTOR again desire to amend the Agreement, as
17 Amended , in order to add additional profess ional services , and to increase t he maximum
18 compensation amount accordingly.
19 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
20 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows :
21 1. Section 6. COMPENSATION /INVOICING of the Agreement , as Amended, is deleted in
22 its entirety , and replaced with the following :
23 "6. COMPENSATION/INVOICING
24 A. License and Hosting
25 For each year of the possible five (5) year term of this Agreement , COUNTY agrees to pay
26 CONTRACTOR , and CONTRACTOR agrees to receive, compensat ion for annual hosting, licensing
27 for ten (10) kiosk users and fifteen (15) named users , support , and maintenance as follows :
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EXECUTED AND EFFECTIVE as of the date first above set forth .
3 CONTRACTOR
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5 (Authorized Signature) (5
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William Whitney, CEO, BMI Imaging
7 Svstems , Inc.
Print Name & Title
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1115 E. Araues Avenue
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Mailing Address
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FOR ACCOUNTING USE ONLY :
Fund : 0035
Subclass : 17058
ORG : 1048
Account: 7295
Nathan Magsig, Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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