DATAMATIC, LTD. 1A-2005 - Laserfiche WebLink

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N-2004-025-01 FIRST AMENDMENT TO MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO MAINTENANCE AGREEMENT is entered into May 2, 2005, by and between Datamatic, Ltd., a Texas partnership ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement N-2004-025, dated April 5, 2004, (hereinafter "said Agreement") by which Consultant has provided maintenance and support for City automated meter reading system. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional 20-months. 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 First Amendment to Maintenance Agreement, the parties agree as follows: I. Section 2.a, COMPENSA nON, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a monthly maintenance charge of$374.69. The total sum to be expended under this Agreement shall not exceed $4,500.00, annually, during the term of this Agreement. " 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: 'This Agreement shall commence on the November I, 2003 and terminate on October 31,2005, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for up to five consecutive one-year terms at the rates and charges in effect for this initial term, upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Maintenance Agreement on the date and year first written above. APPROVED AS TO FORM " v