HomeMy WebLinkAboutCSS 2021-10-04 Item 1A - Contract - Extension Agreement for Recreation Registration Software with PerfectMindCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety
FROM: Tracy Gallaway, Parks & Recreation Director
BY: John H Dunn III, Acting Recreation Manager
CC: Mayor Ekberg
DATE: October 4, 2021
SUBJECT: Contract Extension for PerfectMind Recreation Software
ISSUE
Seeking approval for the Mayor to sign the contract extension for PerfectMind registration
software for the Parks & Recreation Department.
BACKGROUND
Council approved the original 5 -year contract (16-184) on 12/12/16. This contract was for the
department registration software that is used for recreation programs, rental reservations,
membership sales and point of sale. The original contract will expire on 12/30/21.
DISCUSSION
The department staff are happy with the vendor and services and would like to continue with the
vendor for registration services. This contract extension will continue services for another 5
years and maintain fees at a steady level for that period.
FINANCIAL IMPACT
The 5 -year impact totals $118,000 spread over 5 annual payments of $23,600. The registration
software is already a budgeted expense in the annual budget. No additional funding is being
requested for this item.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the contract extension and consider
this item for consent agenda at the October 18, 2021, Regular Meeting.
ATTACHMENTS
Original Contract 16-184
Contract Extension Agreement
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BETWEEN:
WHEREAS:
CONTRACT EXTENSION AGREEMENT
Dated the 21 day of September 2021
PERFECTMIND INC.
("PerfectMind")
— and —
CITY OF TUKWILA
(the "Customer")
A. The Customer and PerfectMind entered into an agreement dated December 26, 2016
(the "Original Agreement") for the provision of PerfectMind Software as a Service;
B. The parties hereby agree to extend the term of the Original Agreement in accordance
with the terms set out herein.
NOW THEREFORE, in consideration of the mutual covenants contained in this
Extension Agreement and other consideration (the receipt and sufficiency of which are
acknowledged), the parties agree as follows:
1. Definitions
1.1. Any capitalized term not expressly defined in this Extension Agreement shall have
the meaning ascribed to it in the Original Agreement.
2. Extension
The Original Agreement will expire on December 30, 2021 ("Original Term"). Except to the
extent otherwise provided in this Extension Agreement, the Original Agreement will be
extended on the same terms and conditions for an additional five (5) year period (such period,
the "Extended Term" and together with the Original Term, the "Term"), which will begin
immediately on the expiry of the Original Term. At the expiration of the Extended Term, the
Term will be automatically renewed for successive one year periods (each, an "Additional
Term") unless a party provides written notice to the other party of the first party's intention
not to renew, at least thirty days before the expiry of the then -current Term.
3. Fees
The Platform use fee during the Extended Term will be as set out in the payment schedule
attached hereto in Exhibit A, payable by Customer in advance at the beginning of each 12
month period. The Platform use fee payable by Customer during any Additional Term will be
the same as the fees for the last year during the prior term unless PerfectMind has given
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Customer written notice of a pricing change at least 90 days before the end of such prior term,
in which case the new fee will be effective upon renewal and thereafter.
4. Conflict
The provision of this Extension Agreement shall form part of the Original Agreement. Except
to the extent otherwise amended in this Extension Agreement, all other terms and conditions
of the Original Agreement shall remain the same, provided that in the event of a conflict
between the provisions of this Extension Agreement and those of the balance of the Original
Agreement, the terms and provisions of this Extension Agreement shall supersede those
provisions of the balance of the Original Agreement with which they conflict.
TO WITNESS THEIR AGREEMENT, the parties have duly executed this Extension
Agreement as of the date first above written.
PERFECTMIND INC.
By: By:
Name: Name:
Title: Title:
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CITY OF TUKWILA
EXHIBIT A
Extended Term
Year Six (December 31, 2021 to December 30, 2022): $23,600
Year Seven (December 31, 2022 to December 30, 2023): $23,600
Year Eight (December 31, 2023 to December 30, 2024): $23,600
Year Nine (December 31, 2024 to December 30, 2025): $23,600
Year Ten (December 31, 2025 to December 30, 2026): $23,600
PerfectMind shall provide 4 hours of Complimentary Implementation Consultant
Training and/or required Pro Services work per each Subscription Fee Year. If the City
of Tukwila do not use the 4 hours within the fee year the remaining hours shall not roll
over into the subsequent fee year. Any additional Training or Pro Services that are
required after the 4 hours per individual fee year, shall be subject to the normal rate of
$150 per hour.
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