24-015 Amendment #1 dated 9-16-24 to Sharp Maintenance Agreement Terms and Condition1
USA-SEC-2024-SBS-173622
First Amendment to Maintenance Agreement Terms and
Condition 24-015 Between the City of Cupertino and Sharp
Electronics Corporation, through its Sharp Business Systems
Division
This First Amendment to the Maintenance Agreement Terms and Conditions, 24-015 dated February
12, 2024 (the “Agreement”) by and between the City of Cupertino, a municipal corporation (hereinafter
"Customer") and Sharp Electronics Corporation, through its Sharp Business Systems division, (“SBS”) whose
address is 100 Paragon Dr, Montvale, NJ 07645, and is made with reference to the following:
RECITALS:
Customer and SBS desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
CHARGES
1. Paragraph 8: Charges of the Agreement shall be deleted in its entirety and replaced with the following:
“The initial charge for Maintenance under this Agreement is non-refundable and shall be the amount set
forth on the first page of this Agreement. At the end of each twelve (12) month period of the
Agreement, SBS reserves the right to increase and/or otherwise modify its service rates and services.
Customer shall be charged according to the payment cycle indicated on the front page of this
Agreement. Customer shall pay all charges within thirty (30) days of the date of the SBS invoice. Past
due amounts shall accrue interest at a rate not to exceed 1.5% per month. If any Equipment which is
subject to this Agreement, or any renewal hereof, is moved to a new SBS service territory, SBS shall
have the option of charging the Customer an amount equal to the difference in the published
maintenance charges between the current SBS service territory and that of the new SBS service territory
(on a pro rata basis). If such Equipment is moved beyond any SBS service territory, SBS reserves the
right to cancel this Agreement, upon written notice to the Customer, or SBS may charge (and Customer
hereby agrees to pay) a fair and reasonable upcharge for continued service. In so doing SBS may take
into account the distance to Customer’s new location and SBS published rates for SBS’s “time and
materials”, “Per Call” service. A fuel surcharge may be imposed when fuel prices exceed 10% of the
cost of fuel at the execution of this agreement. SBS shall be compensated for services performed
pursuant to this Agreement in a total amount not to exceed $48,888.00 dollars. The payments specified
in this section shall be the only payments to be made to SBS for services rendered pursuant to this
Agreement.”
TERM
2. Paragraph 10: Term of the Agreement shall be deleted in its entirety and replaced with the following:
“This Agreement shall become effective upon SBS’s receipt from Customer of the initial non-
refundable maintenance charge, as set forth on the first page of this Agreement, or for such Customers
that are to be billed in arrears, upon the date indicated in the “Start Date” portion of the first page of this
Agreement. The term of this Agreement shall end on February 12, 2027. This Agreement shall
automatically renew for additional one (1) month periods unless either party provides the other sixty
(60) days written notice of termination prior to the end of the initial term, or any renewal term
hereunder. In the event that Customer reaches or exceeds the allowance, as specified on the first page of
this Agreement, prior to the expiration of the initial term, or any renewal term under this Agreement,
Customer hereby agrees to pay SBS the SBS excess meter rate then in effect and same shall apply to all
of Customer’s excess meter amounts, through the end of the term of this Agreement. For this
Agreements (not CPC leases) either party shall have the right during any renewal term, or during any
2
USA-SEC-2024-SBS-173622
second or third term of a multi-term agreement (if applicable) to terminate this Agreement upon sixty
(60) days prior written notice to the other.”
3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall
remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be
executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
SHARP ELECTRONICS CORPORATION,
THROUGH ITS SHARP BUSINESS
SYSTEMS DIVISION
By
Title
Date
EXPENDITURE DISTRIBUTION
Item Amount
Base Agreement $3,888.00
First Amendment $45,000
Total $48,888
David Quick
General Manager
Sep 12, 2024
Christopher D. Jensen
CTO
Sep 12, 2024
Sep 16, 2024
First Amendment to Sharp Maintenance
Agreement Terms and Condition
Final Audit Report 2024-09-16
Created:2024-09-05
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAipvypFSnK5feUNNGUyaaiyEA5wRb873k
"First Amendment to Sharp Maintenance Agreement Terms and
Condition" History
Document created by Webmaster Admin (webmaster@cupertino.org)
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Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
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Agreement completed.
2024-09-16 - 4:55:49 PM GMT