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Home My WebLink AboutP-19-604-O Amendment One LCPTracker .pdf DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F co County of Fresno r INTERNAL SERVICES DEPARTMENT 185 Facilities• Fleet•Graphics• Purchasing •Security•Technology � ORES AMENDMENT NUMBER ONE(1) Agreement Number: P-19-604-0 November 9, 2022 LCPTracker, Inc PO Box 187 Orange, CA 92856 Contract Number P-19-604-0 covering the provision to access to LCPTracker Professional and Onsite Module Bulk Project Pricing is amended as follows: The contract with your company expires November 10, 2022. The County of Fresno desires to extend this contract for an additional one-year period effective November 11, 2022 through November 10, 2023. Prices will be firm for the contract period. Amendment provisions shall remain in full force and effect with any contract renewals. Include Revised Attachment"A". This amendment will be effective November 11, 2022 through the expiration date of the agreement. Amendment provisions shall remain in full force and effect with any contract renewals. Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or(3)an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS. If you have any questions, please contact Erin Jones, Purchasing Analyst, at (559) 600-7110 or email ejones(a)fresnocountyca.gov. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 The County of Fresno is an Equal Employment Opportunity Employer DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F CONTRACT NO. P-19-604-0 Page 2 LCPTracker, Inc November 9, 2022 FOR THE COUNTY OF FRESNO Digitally signed by Gary Cornuelle Gary O rn U e I I e Date:2022.11.28 09:08:38-08'00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:EJ P-19-604-0 Amend LCPTracker.docx DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F CONTRACT NO. P-19-604-0 Page 3 LCPTracker, Inc November 9, 2022 CONTRACTOR TO COMPLETE: Company: LCPtracker, Inc. Type of Entity: ❑ Individual d Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■❑ Corporation ❑ General Partnership DocuSignetl by: E wis VIVA Signature A04FE27ABACC42C... Kris Vincil Recurring Sales Director 11/21/2022 Print Name and Title Date Signature vb S 9969A745A869468... Parker Douglas for LCPtracker, Inc. CAD 11/23/2022 Print Name and Title Date 117 E Chapman Ave. Orange CA 92866 Address City State Zip 714-669-0052 562-684-0145 kvincil@lcptracker.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 8905 Account No.: 7311 Requisition No.: 8905230180 (8/2022) P-19-604-0 Amend LCPTracker.docx DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F CONTRACT NO. P-19-604-0 Revised Attachment A LCPTracker, Inc November 9, 2022 R e vised A tta ch m en t "A" LCPtracker is to provide access to the following services 1. Bulk Project Pricing—2022 Annual Access Service Fee for LCPtracker Professional: Construction Capacity* up to$100 million increased from Construction Capacity of$50 million. • Bulk project Annual Access Fee for access to LCPtracker Professional comprising: • Unlimited administrative Users at no cost to Client • Unlimited contractor Users at no cost directly to Client • Administrator phone, email, and Live Chat technical software support as needed (not training). • Contractor email and "Live Chat"technical software support as needed (not training). • Unlimited administrator and registered contractor User access to on-demand, pre-recorded web training videos during the Term. • Fixed Annual Multiple Projects Fee Option. These are flat rate annual price packages for a one- year commitment for LCPtracker Professional Services. 2. OnSite Module Annual Bulk Project Pricing —2022 Annual Access Service Fee Construction Capacity* up to $100 million increased from Construction Capacity of$50 million. P-19-604-0 Amend LCPTracker.docx DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F Revised Attachment A WPtraClter BULK PROJECT PRICING PRODUCT SCHEDULE, dated as of_January 1st_, 2022 ("Product Schedule"),to the Software Service Agreement, dated as of_Nov. 11th, 2019 (the "Agreement") between LCPtracker and Client[referred to in the Agreement as_"COUNTY"-] Contract No: P-19-604-0 Terms not defined herein shall have the meaning ascribed to them in the Agreement unless a new definition is provided herein. The address for invoicing the Client is by email at isdbusinessoffice@fresnocountvca.gov attn Accounts Payable (Client to inform LCPtracker in writing thirty days in advance if this changes). Both parties hereto that LCPtracker is providing access to the following Services subject to the terms and conditions of the Agreement and this Product Schedule as follows: A.SERVICES Subscription Term is [one] ear[s] and be ins on the date of this Product Schedule. Services Unit Price Qty Annual Service Fees Bulk Project Pricing -2022 Annual Access Service Fee for LCPtracker Professional: Construction Capacity* up to $100 million Bulk project Annual Access Fee for access to LCPtracker Professional comprising: • Unlimited administrative Users at no cost to Client • Unlimited contractor Users at no cost directly to Client • Administrator phone,email,and Live Chat technical software support as $25,300 1 $18,975 w/25% needed (not training). Discount Contractor email and"Live Chat'technical software support as needed (not training). Unlimited administrator and registered contractor User access to on- demand,pre-recorded web training videos during the Term. Fixed Annual Multiple Projects Fee Option These are flat rate annual price packages for a one-year commitment for LCPtracker Professional Services. OnSite Module Annual Bulk Project Pricing -2022 Annual Access Service Fee $2,475 w/25% Construction Capacity* up to $100 million $3,300 1 Discount B. BULK PROJECT PRICING TABLE the Subscription LCPtracker Professional D. • .. Module yearly period of the Subscription Annual Access Service Fees Annual Access Service Fees Access Service Fees Term Up to $5 million $3,800 $2,000 $1,700 Up to $10 million $7,400 $3,700 $2,000 Up to $25 million $11,000 $5,500 $2,200 Up to $50 million $19,300 $9,700 $2,900 Up to $100 million $25,300 $12,800 $3,300 Up to $200 million $32,500 $16,500 $3,700 Up to $300 million $41,300 $20,700 $4,400 Up to $400 million $49,000 $24,200 $5,100 Up to $500 million $57,200 $28,600 $5,800 Up to $750 million $64,400 $31,900 $6,300 Up to $1 billion $71,500 $35,700 $6,900 Up to $2 billion $82,500 $41,400 $8,000 Up to $4 billion $117,700 $59,000 $11,400 Up to $6 billion $151,800 $75,900 $14,800 Up to $8 billion $184,300 $92,100 $17,100 Up to $10 billion $215,600 $107,800 $20,400 DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F Revised Attachment A For Bulk Project Pricing of$2 billion and above, Client can choose to increase Client's level of Construction Capacity in$500 million increments.The fee or this is$8,300 per$500 million in additional Construction Capacity.The associated Daily Reporter module fee is$4,200, and the Onsite module fee is $830 per each additional$500 million.""Construction Capacity"means the value of construction calculated by adding the correct total(not just labor costs)updated construction bid award value of all active("Open/Active")projects in the Client's account(which sum also includes all accounts in their Affiliate's'accounts)in the Licensed Software Services.The value of projects marked as"Open/Active"within the database is determined by the accurate total of project Budget amounts including change orders.This calculation is done monthly by LCPtracker. If a project is closed and no longer marked "Active",the project will no longer be counted in that month's open active projects. C. CONSTRUCTION CAPACITY (a) "Construction Capacity" means the sum total of all active ("Open/Active") projects in the Client's account (which sum also includes all accounts under this Product Schedule in their Affiliates' accounts) in the Services. The value of projects marked as"Open/Active"within the LCPtracker Professional database is determined by the accurate total of project"Budget' amounts. (b) The original winning bid amount for Client's construction project must be provided by Client to LCPtracker so it may be entered accurately in the relevant project"Budget' field in the LCPtracker Professional services platform. The winning bid amount must be updated by Client if change orders exceed 25% of the original total project winning bid amount for the relevant project(through written requests to LCPtracker Support Department—support@LCPtracker.com). (c) Failure by Client or their Affiliates to accurately update LCPtracker Support Department of changes to the"Budget'field will be a material breach under the Agreement and will not remove the Client's obligation to pay the amounts due for the Services based on an accurate "Budget' field. If a project is completed and closed (responsibility of Client to perform to avoid being billed for it), the project will no longer be counted in that month's open active projects for billing. (d) Periodically LCPtracker performs audits of project "Budget' fields to ensure accuracy and may reach out to Client to confirm the project"Budget' amounts accuracy. Failure by Client to timely respond to a request for information in relation to any such audit will allow LCPtracker to adjudicate that labor wages will account for 25% of the supplied project "Budget' amount and amend the relevant "Budget" amount accordingly in the Services for billing purposes. Client will be free to dispute this value with LCPtracker by providing accurate information in relation to Construction Capacity at any time. D. PAYMENT TERMS (a) Service Fees are due under this Product Schedule are due on the date hereof or on the yearly anniversary hereof unless provided otherwise. (b) Service Fees for access to the Services detailed above will change if one of the following events occurs: (i) If the sum of all "Budget"amounts for projects entered in LCPtracker during the then current year of the Subscription Term exceed the Construction Capacity level purchased (Client will be invoiced for an amount equal to the difference between the Construction Capacity level provided for that year of the Subscription Term and the cost level for which the current correct Construction Capacity applies, prorated for the number of months remaining in the then current year of the Subscription Term. This invoice shall be due and payable upon receipt. The new rate will then be applicable to the immediately following year of the Subscription Term), (ii) The Construction Capacity increases beyond the previously purchased level on the annual anniversary of this Product Schedule, or(iii)A notice is given to Client pursuant to Section D(d) below. (c) Fees for optional additional professional services to be included into the Services shall be invoiced and due upon delivery of the applicable service at the then current pricing of LCPtracker, unless any such service exceeds thirty (30) days, then invoices will be rendered at the end of each month and payable upon receipt thereof by Client by email. (d) The prices and terms of this Product Schedule are subject to change at the sole discretion of LCPtracker. A thirty (30) day notice will be provided to Client of such changes by an email to the Client contact and will only become effective to Client on said renewal date. (e) If Client elects to pay by credit card, the credit card payment fee of four percent (4%) imposed on LCPtracker shall be added to Client's payment to be charged. Client is responsible for providing complete and accurate billing and contact information to LCPtracker and notifying LCPtracker of any changes to such information. (f) If Client has no active projects at the time of a yearly renewal and Client wishes to keep its account open (in such case the then current LCPtracker active database fee shall apply). (g) Sales tax will be added per your state law at final invoicing. E.ADDITIONAL TERMS: 1. The Parties agree that Client shall serve as the business or controller and LCPtracker shall serve as the service provider or processor, as those terms are defined under applicable law. LCPtracker, as a service provider on behalf of Client, shall not access, use, process or retain Client Data containing PH except as necessary to perform its obligations under this Product Schedule except in strict accordance with the written instructions of Client, or as otherwise required for LCPtracker to meet its own legal obligations under applicable law. Notwithstanding the foregoing, LCPtracker may use, disseminate, and otherwise process deidentified or aggregated Client Data to the full extent allowed under applicable law and pursuant to its own discretion. LCPtracker shall notify Client in the event that it receives any consumer rights requests under applicable law, and the Client shall have the sole responsibility in responding to such requests. 2. Client is solely responsible for its and its Users' compliance with all Applicable Law in the use of the Services and LCPtracker shall have no liability for Client's or its Users' input of data or use of the Services. Client agrees that that DocuSign Envelope ID:39050ACB-BA70-451 E-AB3B-DOAD7A53CC1 F Revised Attachment A Client (a)will confirm the accuracy of any bulk upload/API/data migration/auto-geo assignment integration into the LCPtracker system, and (b)further understands that bulk uploads/API/data migration/auto-geo assignments are effective only as of the date of the upload(s)/migration(s). Client accepts that auto-geo assignments are automatically corrected by Microsoft based upon the co-ordinates in the KML file supplied by Client to LCPtracker, and further the accuracy of data subject location has some inaccuracy due to combining pure mapping co-ordinates (or deficiencies within those co-ordinates)with residential locations. LCPtracker, Inc. Client: County of Fresno [Insert Client Name] By: By: [Client Authorized Person Signature] Name: Kris Vincil Name: [Client Authorized Person Name] Title:_Sales Director, Recurring Sales Title: [Client Authorized Person Title] Date: Date: