HomeMy WebLinkAboutThirdWave Corporation; 2001-01-08;Exhibit "A"
AMENDMENT NO. 2 TO AGREEMENT FOR INSTALLATION AND
INTEGRATION OF A DOCUMENT MANAGEMENT SYSTEM
(Third Wave Corporation)
THIS SECOND AMENDMENT to Agreement for installation and
integration of a document management system (the “Agreement”) is made and
entered into this 8th day of January , 2OOL, by and between the
CITY OF CARLSBAD, a political subdivision of the State of California (“City”) and
Third Wave Corporation (“Contractor”), and is made with reference to the
following facts:
RECITALS
A. On September 19, 2000, the Agreement was amended to alter the
scope of work to include additional software modifications and programming
services.
B. Contractor has completed Phase I of the Agreement.
C. Pursuant to Section 27 of the Agreement, Contractor was to obtain
a surety bond for vendor performance in an amount equal to one hundred (100)
percent of the Agreement price.
D. City is satisfied that Contractor has made a good faith effort,
without success, to obtain a surety bond for vendor performance in an amount
equal to one hundred (100) percent of the Agreement price.
E. With the Completion of Phase I of the Agreement, Contractor has
attempted, without success, to obtain a surety bond for vendor performance in
an amount equal to one hundred (100) percent of City payments for Phase 2 of
the Agreement. City is satisfied that Contractor has made a good faith effort in
this regard.
F. With the completion of Phase 1 of the Agreement, the Parties
desire to amend the Agreement to allow the Contractor to post an amount equal
to ten (10) percent of the total Agreement price in lieu of the surety bond
required by Section Twenty-Seven (27) of the Agreement.
NOW THEREFORE, incorporating the above recitals and in consideration
of the covenants and obligations set forth herein, the parties hereto agree as
follows:
1. Recitals. That the above Recitals are true and correct.
2. Amendment. That Paragraph 27 of the Agreement shall be
amended, in its entirety, to read as follows:
“27. SURETY FOR CONTRACTOR PERFORMANCE
As surety for Contractor performance under this Agreement,
Contractor shall provide City with ten (10) percent of the total
agreement price or ninety-five thousand six hundred thirty-three
dollars ($95,633). The ten (10) percent retention described in
Section Four (4) of this Agreement shall serve as the surety for this
Agreement, and shall not be considered a retention amount for the
purposes of this Agreement. Upon final acceptance by City of
Phase 2, City will release the surety amount to Contractor. For the
purposes of this Section 27, final acceptance by City of Phase 2
consists of the successful completion by Contractor of Tasks 1.0
through 10.2 that are contained on page 2, of Attachment “D”
3. Authority. The parties executing this Second Amendment on
behalf of Contractor represent and warrant that they have the legal power, right
and actual authority to bind Contractor to the terms and conditions hereof.
4. Severabilitv. Each provision, term, condition, covenant, and/or
restriction, in whole and in part, in this Second Amendment shall be considered
212198 4
severable. In the event any provision, term, condition, covenant, and /or
restriction, in whole and in part, in this Second Amendment is declared invalid,
unconstitutional, or void for any reason, such provision or part thereof shall be
severed from this Second Amendment and shall not affect any other provision,
term, condition, covenant, and/or restriction, of this Second Amendment and the
remainder of this First Amendment shall continue in full force and effect.
5. Effective Date. This Second Amendment shall be effective upon
the date and year first above written.
212198 7
6. Agreement Provisions. Notwithstanding this Second Amendment, all
other provisions of the Agreement shall remain in full force and effect.
Acknowledged and Accepted:
CONTRACTOR:
-,” I’V I -,
m Mayor -
By:
(sign here)
DP;fE s$qQo &@W@~-
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO
or assistant treasurer must sign for corporations. Otherwise, the corporation
must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
;;.;ALDj!Bz,xx-
Deputy City ttorney
212198
CAIJPORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of +&4A~W.
County of /Lskr/Ab&
On /- s?.& before me, &fE #@f&eu74* I
Name and Tile of Officer (e.g., “Jane Doe,
D=L&%c;r/d /$24Lt/N~~ d /&&zs%k k - /&izEL?a personally appeared ,
•! personally known to me - OR - d
N&(s) of Signer(s)
roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized cagacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
bYij-.J; rnz;;;;I*
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: /dir &g%+wiJr/R maQ-j+& uy&q/ /wJ 3~f&cG@bd,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Cl Individual q Individual
q Corporate Officer 0 Corporate Officer
Title(s): Title(s):
0 Partner - Cl Limited q General Cl Partner - 0 Limited Cl General
0 Attorney-in-Fact 0 Attorney-in-Fact
Cl Trustee 13 Trustee
0 Guardian or Conservator •i Guardian or Conservator
q Other: 0 Other:
Signer Is Representing: Signer Is Representing:
0 1994 Natlonal Notary Asswiation l 9236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. NO. 5907 Reorder: Call Toll-Free 1600-8766827
.