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Resolution No. 94941 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT OF AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND INTRALINKS, INC. REGARDING VIRTUAL DATA ROOM SERVICES FOR THE COLDWATER PROJECT WHEREAS, on December 13, 2006, the City Council of the City of Vernon adopted Resolution No. 9176 approving and authorizing the execution of an On -Demand Workspace Order Agreement (the "Agreement") with IntraLinks, Inc. ("Intralinks") for virtual data room services that enable the secure online storage and exchange of sensitive business information; and WHEREAS, the City and Intralinks desire to amend the Agreement to extend the Agreement for six (6) months, November 18, 2007 through May 17, 2008, for the sum of $20,860, under the same terms and conditions of the Agreement; and WHEREAS, the Director of Light & Power has recommended that the Agreement be extended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment of Agreement with Intralinks, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorizes the City Administrator, or his designee, to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed Amendment to: IntraLinks, Inc. (BCN: 87748-JMC) Attn. Kevin Campbell 1372 Broadway, 11th Floor New York, NY 10018 SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Amendment. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 3rd day of December, 2007. ATTEST: IYANUELA GIRO , ity Clerk �.f Name: Leonis C. Malburg Title: Mayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9494, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, December 3, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) c UELA GIR N, tity Clerk - 3 - EXHIBIT A t IL I NTR A L INKS"Amendment of Aareement 1FXtPntir)n of U.ca Parinrl) IntraLinks, Inc., 1372 Broadway, 111h FI, New York, NY 10018 Effective Date: November_ 2007 BCN: 87748 - JMC Client (name, address) CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan ORIGINAL CONTRACT: On -Demand Workspace Order, BCN 47502 (the "Agreement") PROJECT and WORKSPACE NUMBER: Project Project Coldwater - Workspace No. 471671 THIS AMENDMENT of Agreement is entered into by and between IntraLinks, Inc. ("IntraLinks" or "Vendor") and the above referenced Client as of the Effective Date written above. Except as otherwise expressly set forth herein, all terms and provisions of the Agreement, as the same may have been amended or supplemented in writing prior to the date hereof, shall remain in full force and effect. The Agreement hereby is amended as follows: Subject I Paragraph Headinq Amended Terms The Use Period of the above referenced workspace is hereby extended for a period of six (6) months, from November 18, 2007 through May 17, 2008. The fee for such Use Period extension shall be $20,860, payable upon execution of this Amendment. This Amendment does not affect any rights or obligations with respect to fees relating to the period prior to November 18, 2007. USE PERIOD After May 17, 2008, if the workspace remains open, the Use Period will be extended automatically on a imonth to month basis until the workspace is deleted by or at the direction of Client, for a pro rata monthly extension fee equal to $3,476 per month. No incremental page fees will be charged during the extended Use Period, provided that the cumulative total number of pages loaded onto the workspace does not exceed 28,718. If pages are added such that this limit is exceeded, incremental page fees according to the Agreement shall apply. CLIENT: Please complete. INTRALINKS SHOULD RETURN SIGNED AMENDMENT (CHECK ONE AND PROVIDE REQUESTED INFORMATION) - El BY FAX TO THIS NUMBER: TO THE ATTENTION OF ❑ BY EMAIL TO THIS ADDRESS: ❑ BY MAIL TO THIS ADDRESS: Invoices should be directed to: Name: Title: Address: Email: Phone: In witness whereof, the parties have caused this Amendment to duly executed as of the Effective Date written above. CLIENT NAME: CITY OF VERNON INTRALINKS, INC. By: By: Name Eric T. Fresch. Name Title CityAdministrator Title Date Date December 2007 ATTEST • Please return signed Amendment to IntraLinks by fax at 1(212) 208-2600 APPROVED AS TO FORM: By: Manuela Giron, City Clerk Jeff A. Harrison INTRALINKS" Amendmpnt of AnrAAmp.nt XWoncinn of I Ica JD—i—,n IntraLinks, Inc., 1372 Broadway, 11'" FI, New York, NY 10018 Effective Date: November- 2007 BCN: 87748 - JMC Client (name, address) CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Donal O'Callaghan ORIGINAL CONTRACT: On -Demand Workspace Order, BCN 47502 (the "Agreement") PROJECT and WORKSPACE NUMBER: Project project Coldwater - Workspace No. 471671 THIS AMENDMENT of Agreement is entered into by and between IntraLinks, Inc. ("IntraLinks" or "Vendor") and the above referenced Client as of the Effective Date written above. Except as otherwise expressly set forth herein, all terms and provisions of the Agreement, j as the same may have been amended or supplemented in writing prior to the date hereof, shall remain in full force and effect. The Agreement hereby is amended as follows: Sub'ect I Para rah Heading Amended Terms The Use Period of the above referenced workspace is hereby extended for a period of six (6) months, from November 18, 2007 through May 17, 2008. The fee for such Use Period extension shall be $20,860, payable upon execution of this Amendment. I his Amendment does not affect any rights or obligations with respect to fees relating to the period prior to November 18, 2007. i j After May 17, 2008, if the workspace remains open, the Use Period will be extended automatically on a I USE PERIOD month to month basis until the workspace is deleted by or at the direction of Client, for a pro rata monthly extension fee equal to $3,476 per month. i No incremental page fees will be charged during the extended Use Period, provided that the cumulative total number of pages loaded onto the workspace does not exceed 28,718. If pages are added such that I his limit is exceeded, incremental page fees according to the Agreement shall apply. I I CLIENT: Please complete. INTRALINKS SHOULD RETURN SIGNED AMENDMENT (CHECK ONE AND PROVIDE REQUESTED INFORMATION) - El BY FAX TO THIS NUMBER: TO THE ATTENTION OF L—Ky EMAIL TO THIS ADDRESS: QZ MAIL TO THIS ADDRESS: Invoices should be directed to: Name: 'P—> 0 t �rA1.Ja.1�G N ►°` ' Title:0c-eC*C,, 6-P Lt,gh+ * PC)Laev— Address: Email: H 10S Sr ir\+c, l—e P� ve n u e Phone: d0cwr%�A611cLk-\eCj_Ver'.n01,\,C%4 VS (3a31 Ss - g Rt In witness whereof, the parties have caused this Amendment to duly executed as of the �ffeEiive Date y(ritten above. CLIENT NAME: CITY OF VERNON IN ALIKS INC By: <;;�7B — Name E T. resch me F9, Title City Administrator Title ( 2 e1Y > 1 Date S' Date if;:. n +. I Dec -ember '-00� ,� I i`M, ��J'N'bRK� •2, ,�z o �J' I-y9, � e y Please return signed Amendment to IntraLinks by fax at 1 (212) 208-2600 APPR ED AS TO FORM ATT ST: , By:�anuela Giron, City Cierk. f Harrison CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 27, 2008 TO: Donal O'Callaghan, Director of Light & Power FROM Nelly Giron, City Clerk RE: Resolution No. 9494 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment of Agreement By and Between the City of Vernon and Intralinks, Inc. Regarding Virtual Data Room Services for the Coldwater Project Transmitted herewith is a copy of the amendment and Resolution No. 9494 referenced above, which was approved by City Council on December 3, 2007. Thank you. NG:dr c: Resolution No. 9494 Agreement No. 07-138