HomeMy WebLinkAboutFAAC, INC. 4AC : S,4 ~ fJ ~z~ Fi:; cc~l t e~ r ~ G
INSURANCE GN FlLE ~~"~' 13reke~,+eld>
WORK MAY PROCEED
UNTIL fNSURANCE EXPIRES
~~ -~ `~~~
pt~P F~~~~4{l8
AMENDING AGREEMENT
A-2006-014-01
THIS AMENDING AGREEMENT, made and entered into this 7th day of August, 2008
BETWEEN:
FAAC Incorporated
1229 Oak Valley Drive
Ann Arbor, MI 48108
-AND-
City of Santa Ana
Attn: Police Department
Lt. Robert Brekenfeld
60 Civic Center Plaza
P.O. Box 1981
Santa Ana, California 92701
RECITALS
A. FAAC Incorporated and the City of Santa Ana (the "Parties") entered into
that certain Agreement A-2006-014, dated February 6, 2006 (said "Agreement")
entitled "LEASE WITH OPTION TO PURCHASE AGREEMENT WITH
WARRANTY SOFTWARE MAINTENANCE AND UPDATES."
B. The Parties desire to amend said Agreement to reflect removal of software
updates, and to adjust the contract price accordingly.
C. This Agreement is the first amendment to said Agreement.
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:
Amendments
Section 3, COMPENSATION, will be amended to reflect the following:
a. The monthly lease payment obligation will be reduced by $416.67/month
(the monthly software update fee). The new monthly lease payment will
be $3,558.51/month for the remaining term of said Agreement.
b. FAAC Incorporated will reduce the total value of said Agreement by
$20,000.00 for years 2 5 of the software updates portion of the lease
agreement;
cc: Lt. John Gabelman, Training
c. Additionally, FAAC Incorporated will issue a credit on account to be
applied over the remaining term of said Agreement, in the amount of
$6,250.05 ,which is equal to the dollar amount of software upgrades
which have already been billed.
d. The term of this Amendment to Agreement shall commence immediately
and shall continue through the remaining term of said Agreement.
e. All other terms and conditions of said Agreement remain unchanged.
WHEREAS, each of the Parties represents that it has obtained all necessary approvals,
consents and authorizations to enter into this Amendment to Agreement and to perform
its duties under this Amendment, the person executing this Amendment on its behalf has
the authority to do so; upon execution and delivery of this Amendment by the Parties, it
is a valid and binding contract, enforceable in accordance with its terms; and the
execution, delivery and performance of this Amendment does not violate any bylaw,
charter, regulation, law or any other governing authority of the Party.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first above written.
ATTEST:
~~'-' -'~
PATRICIA E. HEALY
Clerk of the Council
CITY OF SANTA ANA
DAVID N.
City Manager
APPROVED AS TO FORM:
~ .
yOSEPH W.FLET ER
City Attorney
REC MENDED FOR APPROVAL
PAUL M. WALTERS
Chief of Police
cc: Lt. John Gabelman, Training 2
FAAC INCORPORATED
CONSENT CALENDAR
2. Approve a Funding Analysis with a total estimated
construction cost of $350,000.
AGREEMENTS
25.A. AGMT -REFUSE COLLECTION AND RECYCLING SOLID WASTE -
Execute an amended agreement with Waste Management, Inc. -Public
Works Agency
Gontinued from the January 17, 2006 City Council Meeting by a vote of 7-
0
Motion: Continue the matter to the February 21, 2006 City Council Meeting
per Staff Request.
AGREEMENTS
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (Items 25.B.
through 25.L.}
25:B.. AGMT - ADULT; CROSSING GI~ARD.PR,~~z,,R~1M - R~rew the agreement;;
with All City M~~~~ '~~~~..c~4~, l ~~,,f~r~,al~ additlcanal one yeah term, iri
an, additic~al amor~~lt~ rt~`~~~~~'~~r!~ ~,~$~; Police; Department ...
Motion: Continue the matter for 30 days.
MOTION: Salorio
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Garcia
Pulido, Christy, Garcia, Solorio (4)
Alvarez, Bustamante, Bist (3}
None (0)
None (0}
25.C. AGMT 2006-014 -DRIVER SIMULATOR UPGRADE -With .<;..~~., Inc. in
an amount not to exceed $240,000 -Police Department
25.D. AGMT 2006-015 -USED BATTERY RECYCLING PROGRAM -With
Curbside, Inc. in the amount not to exceed $9,000 -Public Works Agency
CITY COUNCIL MINUTES 33 FEBRUARY 6, 2006
PRESENTATIONS
Certificates of Recognition presented by MAYOR PULIDO to Robert Cortez and
Nicole Knighten for receiving the Distinguished Budget Presentation Award from The
Government Finance Officer Association (GFOA)
Proclamation presented by COUNCILMEMBER ALVAREZ to Mothers Against Drunk
Driving (MADD) in commemoration of their 25th Anniversary
Proclamation presented by COUNCILMEMBER SOLORIO to Sandy Garcia for her
musical success and for being a role model for aspiring artists
Proclamation presented by COUNCILMEMBER SOLORlO to Silvia Ichar in
commemoration of the 10tH anniversary of Para Todos Magazine
Proclamation presented b~ COUNCILMEMBER SOLORIO to Relampago del Cielo in
commemoration of their 30t Anniversary
Proclamation presented by COUNCILMEMBER CHRISTY recognizing Blacic History
Month
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
• Councilmember Solorio pulled Item 25.6. for separate discussion
• Councilmember Alvarez pulled Item 29.A. for separate discussion
• Councilmember Alvarez abstained on Items 31.A. and 31.C due to receipt of
campaign contributions from the applicant.
• Councilmember Alvarez requested to be recorded as a no vote on items 25B and
251
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Garcia
VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy,
Garcia, Solorio (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 28 FEBRUARY 6, 200fi