25D - AGMT AND AMEND FOR UTLILITY BILLING SOFTWARE

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EXHIBIT 1 u: Y:t U:: : Ilul►Y It':111, 1►: t111 THIS AGREEMENT (hereinafter "Master Renewal Agreement') is made and entered into this 18th day of February, 2020 by and between Systems & Software, Inc., a Vermont corporation (hereinafter "CONSULTANT'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Construction and laws of the State of California ("CITY"). CITY and CONSULTANT shall hereinafter collectively be referred to as "the PARTIES". RECITALS A. The PARTIES entered into that certain Agreement A-2008-053, dated March 3, 2008, (hereinafter "Original Agreement") by which CONSULTANT has licensed to CITY, utility billing application software, along with support and maintenance of such software. B. The PARTIES successively entered into: (1) a First Amendment to that Agreement (A-2010- 016) on February 10, 2010 to clarify the process for annual renewal of support services and to amend the calculation by which the Support Service Program cost will be adjusted; (2) a Second Amendment to that Agreement (A-2013-003) on February 13, 2013 to amend said Agreement to extend the Term by one-year with the option of two additional one-year renewals; and (3) a Third Amendment to that Agreement (A-2016-039) on March 15, 2016 to extend the Term by three (3) years beginning with the 2016 calendar year with the option(s) to further extend said Agreement for two additional one (1) calendar year periods (2019 and 2020), including an upgrade to the enQuesta Customer Service Information Service and Utility Billing Software application (version 3E) as described in Exhibit 1 of said Agreement ("enQues&a to version 4.5 as described in CONSULTANT enQuesta Upgrade Statement of Work, dated February 16, 2016, incorporated therein by reference as Exhibit A. C. The PARTIES agreed to compensation as total payment for its services, the rates and charges identified in Exhibit A in accordance with the Payment Schedule as set forth in Appendix F. The sum to be expended thereon under said Third Agreement not to exceed $225,500 for the enQuesta version 4.5 upgrade. In addition thereto, the PARTIES agreed to accept the enQuesta software maintenance payment schedule as set forth below: Base Contract Period (2016 & 2017 & 2018) Basic Software System + Upgrade Maintenance 2016 Calendar Year - $137,236+ $0 = $137,236 2017 Calendar Year - $142,725 + $15,000 = $157,725 2018 Calendar Year - $148,434 + $13,000 = $161434 Total = $456,395 Optional Contract Period (2019 & 2020) Basic Software System + Upgrade Maintenance 2019 Calendar Year - $154,372 + $13,520 = $167,892 2020 Calendar Year - $160,547 + $14,061 = $174 608 Total = $342,500 25D-10