HomeMy WebLinkAboutHIGH LINE CORPORATION 1B -2000
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h~ELtm AMENDMENT TO PROGRAMICENSE
AND SERVICE AGREEMENT # 980603
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[';, it" t' 1 -0 i THIS SECOND AMENDMENT, hereinafter referred to as "Program and Service Amendment #2", made and
entered into this 3rd day of May, 200 I, by and between the High Line Corporation and the City of Santa Ana, a charter
city and municipal corporation of the State of California (City), collectively referred to herein as "the Parties".
RECIIALS
A. The Parties entered into that certain agreement entitled "Program License & Service Agreement #98063" dated
June 22, 1998, hereinafter referred to as "Program and Service Agreement", for the provision of various computer
program licenses and software modules. The Parties subsequently executed an amendment dated April 3, 2000,
hereinafter referred to as "Program and Service Amendment #111;
B. The Parties hereto now desire to amend the Program and Service Agreement and hereby agree to the changes
specified hereinafter.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made,
and subject to all of the teffilS and conditions of said Agreement as hereby amended, the parties hereto do hereby agree
as follows:
I. Add the following section to the Program and Service Agreement:
IS. BIT T me; ATTTHORTZATTON
LICENSOR shall only bill (invoice) LICENSEE for products and services, pursuant to the Program and
Service Agreement and amendments, that are authorized in advance of delivery by LICENSEE's designated
Project Manager or his or her designee. Authorization shall take the form of written communication by
LICENSEE to LICENSOR requesting and authorizing LICENSOR to provide products and I or services.
Acceptable transmission medium of such written communication shall include postal mail, courier, facsimile,
and electronic mail.
2. Amend PART IV - ADDITIONAL TERMS AND CONDITIONS, section 3 DATABASE & TOOLS
SOFTWARE - Third Party Software - Optional
Upon request by LICENSEE, LICENSOR may quote via e-mail or other written form, prices to purchase
Oracle software licenses that supersede those in the Program and Service Agreement, and LICENSEE may
elect to authorize and purchase such licenses from LICENSOR based upon the quotation. LICENSEE is under
no obligation to purchase Oracle licenses from LICENSOR.
3. Amend PART IV - ADDITIONAL TERMS AND CONDITIONS, section 5 OPTIONAL APPLICATION
SOFTWARE MODULES.
a. Change the amount of time in which LICENSEE may elect to purchase said products and services from 36
months to 72 months. Change the means in which to exercise purchase from issuing a Purchase Order to
Billing Authorization communication as amended in Section I herein, the newly added Section IS. Billing
Authorization
b. Add the following sentence:
LICENSEE is entitled to purchase the software module(s) licenses at the originally quoted price in the
event that LICENSOR changes the module(s) name or description.
c. Change the billing schedule for the OPTIONAL APPLICATION SOFTWARE MODULES from "Due
Upon Completion of <module> Training" to as follows:
--"Recruitment, Career Planning, Safety & Health, and Time Entry modules:
. . .Due after completion of <module> Trairting, delivery of <module> docwnentation, and after resolution
of high priority issues, if any, related to <module> that are reported by LICENSEE to LICENSOR within
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30 days after clletiOn of <module> Training or purchase anteliVery of <module> in the event
LICENSEE opts out of <module> Training."
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--"Work Scheduling module:
. . . Due after delivery of module documentation and after resolution of high priority issues, if any, related to
module that are reported by LICENSEE to LICENSOR within 30 days after implementing module in a
live, production environment."
d. Add the following sentence to the OPTIONAL IMPLEMENTATION CONSULTING & TRAINING
SERVICES section:
"The duration, quantity, and schedule for Training and Troubleshooting services shall be mutually
agreeable and be engaged by means of Billing Authorization communication as amended in Section I
(Billing Authorization) hereinabove."
e. Change the rate of the Training and Troubleshooting services from $800 per day to $900 per day.
4. Except as hereinabove modified, the terms and conditions of the original Program and Service Agreement and
Amendment # I remain Wlchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Program and Service
Agreement the date and year first above written.
APPROVED AS TO CONTENT:
ATTEST:
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APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
RECOMMENDED FOR APPROVAL:
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By: LISA E. STORCK
Assistant City Attorney
, Executive Director
Finance & Mana ement Services Agency
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