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HomeMy WebLinkAboutE COMPLIANCE 1C-2008 .. INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: ~ -/9'-Dr c: ~AfOC2') M,\S~ eu-te.f\ N-2003-051-03 RESTATED TffiRDAMrnNDMrnNTTOAGREEMrnNT THIS REST A TED TffiRDAMrnNDMrnNT TO AGREEMrnNT is entered into on February 8, 2008, 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-2003-051, 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 increased Compensation with the intent that all configuration and maintenance services provided by eCompliance in relation to the City's laptops utilized to access the EEE system. C. The Parties now wish to restate their intent that the amount of compensation available for services shall be increased and the services which will be compensated are expanded to include all laptop configuration and maintenance services provided by eCompliance shall be within the scope of services of 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 Restated Third 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 304GHz 800 MHz 1MB processor · 2 x Intel XEON processor fan · 2 x 1GB PC2700 ECC Registered - A TP module w/Samsung chip · Integrated ATI Range XL Graphics . Integrated Dual Intel Gigabit Ethernet Controllers . Integrated Marvell 88SX6081 8-PORT SATA Controller **RAID 0, 1 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 $1,500.00 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-1, attached hereto. c. Client shall pay $500.00 per laptop per year for eCompliance's management, support and maintenance of the laptops relating to EEE. Said $500.00 maintenance fee shall be waived for the first laptop maintained by eCompliance each year. d. Client shall pay $6510.00 for the purchase of the server as set forth in the Second Amendment to Agreement, dated April 19, 2006. e. The total sum to be expended for all services shall not exceed $20,000.00 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 IN WITNESS WHEREOF, the parties hereto have executed this Restated Third Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEAl.: Clerk of the Council aAJ~ DAVIDN.REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By::((. . / ('~3-?id-;~<'.' Ie 1" Laura Sheedy / Assistant City Attorney APPROVED AS TO CONTENT: CONSULTANT It~c ... MARC MARTIN Fire Chief \~ EXHIBIT A-1 The Santa Ana Fire Department uses the eCompliance.NET software framework for its HAZMAP program. HAZMAP combines modules for electronic Business Emergency Plan and Underground Storage Tank submissions with a Google Earth-based emergency response interface. In order to allow Santa Ana to utilize its laptops eCompliance will provide the following services: 1. Laptop Configuration a. Installation and configuration of third party software tools including JA V A, PostgreSQL, and Tomcat b. Installation and configuration of the eCompliance.NET software framework and the Haztrakr application c. Installation and configuration of the HAZMAP Replicator that replicates server data to the laptop and enables the application to work without an Internet connection d. Installation and integration of Google Earth layers e. Installation and integration of Aristatek's PEAC software. The unit cost for configuration services is $1,500 per laptop. The increase unit cost compared to the $1,000 unit cost charged on 12/1/2005 is due to the addition of service items (d) and (e). The total due for laptop configuration for four (4) laptops is $6,000. 2. Laptop Maintenance Services Laptops are managed, supported and maintained by eCompliance. The maintenance program includes: a. Support of all software components. All new versions of third party software, Google Earth layers, Haztrakr, eCompliance.NET, PEAC and the Replicator are installed and configured as they become available b. Technical and operational support to the Fire Department for all hardware and software issues related to HAZMAP c. Training services to the Fire Department to use HAZMAP. The unit cost for maintenance services is $500 per laptop per year. eCompliance waives maintenance service fees for the first laptop. The total due for laptop maintenance in 2008 for four (4) laptops is $1,500.