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HomeMy WebLinkAbout449502 KUBRA DATA TRANSFER LTD - CONTRACT - RFP - P1104 ONLINE SERVICES (4)Official Purchasing Document Last updated 3/2018 Page 1 of 2 AMENDMENT #2 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND KUBRA DATA TRANSFER LTD This Second Amendment (Amendment #2) is entered into by and between the CITY OF FORT COLLINS (the “City”) and KUBRA DATA TRANSFER LTD (the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective October 23, 2008 (the “Agreement”); and WHEREAS, Service Provider and the City desire to renew the Agreement for an additional year; and WHEREAS, the parties agree to amend the terms of the Agreement, pursuant to paragraph 17; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Contract Term. In accordance with Paragraph 3 (a), the parties are authorized to extend the Term through a third round of “Renewal Terms”, initially extending the Agreement until October 22, 2019. At the City’s option, with written notice, the Agreement may be further extended for up to one (1) additional one-year renewal, to end no later than October 21, 2020. 2. Termination. In accordance with Paragraph 3 (b), the City shall have the right to terminate this Agreement at any time without cause by providing written notice to the Service Provider within at least ninety (90) days prior to the termination date in said notice. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. Except as expressly amended by this Amendment #2, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #2, this Amendment #2 shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment the day and year shown. DocuSign Envelope ID: 334DDA99-6929-4D95-8E26-CD8E528F707E Official Purchasing Document Last updated 3/2018 Page 2 of 2 CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: KUBRA DATA TRANSFER LTD By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 334DDA99-6929-4D95-8E26-CD8E528F707E 11/14/2018 Vicky Edwards 11/14/2018 General Counsel, KUBRA