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24-0521_INFINITY TECHNOLOGIES_Amd 3 to Professional Services AgreementPage 1 of 3 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND INFINITY TECHNOLOGIES 1. Parties and Date. This Amendment No. 3 to the Professional Services Agreement is made and entered into as of this 2 1 _ day of May 2024 by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Infinity Technologies, a California Corporation with its principal place of business at 9831 West Taron Drive, Elk Grove, CA 95757 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated September 6, 2022 (“Agreement”) for the purpose of retaining the services of Consultant to provide information technology support services. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services as indicated in the attached Exhibit A and increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 2.b of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. b. In no event shall the total amount paid for monthly information technology support services, as described in Exhibit “A” under this amendment, exceed the sum of $285,480 annually. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Page 2 of 3 Additionally, the total amount paid for services rendered by Consultant for assignments associated with the New City Hall project shall not exceed the sum of $265,000. This amount will be billed on a time and materials basis according to the fee schedule listed in Exhibit “B.” Assignments associated with the temporary relocation of City Hall and City Council Chambers include: IT support services necessary for temporary relocation of City Hall offices Management of server room relocation to Public Works Operations Temporary relocation of City Council Chamber to Nydegger Building Advisory services related to IT functionality of the new City Hall Building and permanent Council Chamber located at Community Center Additionally, the annual amount paid for services rendered by Consultant for assignments associated with Geographic Information Systems (“GIS”) projects, as further described in Exhibit “A,” shall not exceed the sum of $60,000. This amount will be billed on a time and materials basis according to the fee schedule listed in Exhibit “B.” Periodic payments shall be made within 30 days of receipt of the invoice, including a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 3 of 5 SIGNATURE PAGE FOR AMENDMENT NO.3 TOTO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OFOF SAN JUAN CAPISTRANO AND INFINITY TECHNOLOGIES CITY OFOF SAN JUAN CAPISTRANO APPROVED BY: INFINITY TECHNOLOGIES BY: Benjamin Siegel City Manager Mohammad Ahmed President Date Date ATTESTED BY: Christy Jakl City Clerk APPROVED AS TO FORM Jef City Attorney 5/22/245/28/24 Page 4 of 5 EXHIBIT A Scope of Services ATTACHED BEHIND THIS COVER PAGE Page 5 of 5 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City a flat fee of $23,790 monthly for IT management support services identified in Exhibit A (Scope of Services). Consultant will inform City regarding any out-of- scope work being performed by Consultant. Separately, the Consultant will invoice City on a time and materials basis, not to exceed $265,000, for all information technology services associated with the Permanent Supportive Housing/New City Hall project including: IT support services necessary for temporary relocation of City Hall offices Management of server room relocation to Public Works Operations Temporary relocation of City Council Chamber to Nydegger Building Advisory services related to IT functionality of the new City Hall Building and permanent Council Chamber located at Community Center Separately, the Consultant will invoice City on a time and materials basis, not to exceed $60,000 annually, for all information technology services associated with Geographic Information System (“GIS”) projects, City staff support and requests, and updates to the system including, but not limited to: Address assignments Exhibit map creation Hours to complete projects/assignments 1-2 business days turnaround time Hourly rates shall be calculated according to the following fee schedule: Classification Hourly Rate ($) IT Project Manager $145.00 IT Network Engineer $135.00 IT Senior Analyst $130.00 IT Analyst $105.00 IT Technician $90.00 Help Desk Services $75.00 GIS Classification Hourly Rate ($): Remote Hourly Rate ($): On-Site Project Manager $160.00 $175.00 Enterprise GIS Architect $150.00 $165.00 Senior GIS Analyst $135.00 $150.00 GIS Analyst II $125.00 $140.00 GIS Analyst I $115.00 $125.00 Senior GIS Technician $110.00 $120.00 GIS Technician II $100.00 $110.00 GIS Technician I $90.00 $100.00