HomeMy WebLinkAboutE COMPLIANCE 1B-2006
.
N_2003-0Sl-02
y\(a;~
-v
~
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on April 19,
2006, by and between eCompliance, Inc., a California corporation ("eCompliance") and
the City of Santa Ana, a charter city and municipal corporation of the State of California
("Client").
RECITALS
A. The parties entered into Agreement N-2003-0S1, dated May 9, 2003, (hereinafter
"said Agreement") by which eCompliance has provided computer database services
for the exchange of environmental compliance documents.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
amend the compensation to provide payment for eCompliance' s out of pocket
expenses.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment to Agreement, the parties agree as follows:
1. Section 2, SERVICES, shall be deleted in its entirety and replaced with the following:
"a. eCompliance shall make available EEE to Client by means of an internet
connection and shall make it available for access by Client at any time. EEE allows
Client to manage the creation, completion, authentication and submittal of electronic
forms, as described more fully in Attachment A to said Agreement. If so indicated in
Attachment A, eCompliance may also supply Client with software, hardware and
consulting services for the integration of existing Client data and networking resources
into EEE.
b. eCompliance shall purchase on behalf of Client, install and maintain on
eCompliance premises, a server dedicated to Client's exclusive use. Said server shall
conform to the following specifications:
. Dual Intel XEON 3.4GHz 800 MHz 1MB processor
. 2 x Intel XEON processor fan
. 2 x 1GB PC2700 ECC Registered - A TP module w/Sarnsung chip
. Integrated AT! Range XL Graphics
. Integrated Dual Intel Gigabit Ethernet Controllers
· Integrated Marvell 88SX6081 8-PORT SATA Controller **RAID 0, I support
. 2 x Maxtor 80GB 7200 8MB SAT A Hard Disk
. 1.44MB Floppy Disk
. Slim IDE CD-ROM Drive.
At termination of said Agreement for any reason, the server purchased by eCompliance
shall be delivered to Client for its own use and purposes."
.
2. Section 6, FEES AND PAYMENT, shall be deleted in its entirety and replaced with
the following:
"a. In consideration of Client's willingness to utilize eCompliance's program,
eCompliance agrees to provide the services described in said Agreement at no cost to
Client. All taxes, fees and governmental charges relating to the Services provided
hereunder (other than income taxes of eCompliance) shall be paid by Client.
b. Client shall pay up to $1,000.00 per laptop for eCompliance's services in
configuring one or more laptops and the real-time replication of data from the main
Haztrakr server to those laptops, as set forth in Exhibit A, attached hereto.
c. Client shall pay $6510.00 for the purchase of the server as set forth in Section
2.b., above.
d. The total sum to be expended for all services shall not exceed $10,000.00 during
the term of said Agreement."
3. Except as herein modified, all terms and conditions of said Agreement shall remain in
full force and effect.
II
II
II
II
II
II
II
II
II
II
II
II
. .
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST: / J
~"~~
~/L<.~/ Y
PATRICIA E. HEALY ()
Clerk of the Council
CITY OF SANTA ANA
r:L0tZ..
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ;~)iA ",1, y' i),
Laura Sheedy ~ /
Assistant City Attorney
APPROVED AS TO CONTENT:
CONSULTANT
~dr/Jl:
PHILLIP GARCI'A
Fire Chief
11~\L
BIJA!\o[ OULADI
Preside t