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A-2006-262-01 <br />INSURANCE ~ ON FILE <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 'O ~'" °' <br />/<" - SN47: a (Fizz:///$,ke) <br />CLon <3/~.~n <br />AMENDED AND RESTATED <br />FOURTH AMENDMENT TO <br />CONSULTANT AGREEMENT <br />THIS FOURTH AMENDMENT TO CONSULTANT AGREEMENT is entered <br />on December 4, 2006, by and between Phoenix Group Information Systems, a California <br />corporation ("Consultant") and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement #A-2005-037, dated February 22, 2005 <br />(hereinafter "said Agreement") by which Consultant has provided parking citation <br />processing services. <br />B. The parties signed a First Amendment to Agreement, dated 3-31-05, by which <br />Consultant agreed to provide a parking citation refund service. <br />C. The parties executed a Third Amendment to Agreement, dated February 21, 2006, by <br />which they increased compensation and extend the term of said Agreement. This <br />amendment assigned $25,000 which had been approved for the first year of the <br />Agreement, to services provided in the 2006 calendar year. The Third Amendment is <br />no longer operative. <br />D. In accordance with the terms and conditions of said Agreement, the parties wish to <br />restate the allocation of funds appropriated by City Council on February 21, 2006, <br />increase the compensation and extend the term for an additional one-year period. <br />E. This Fourth Amendment is intended to replace the Third Amendment to Consultant <br />Agreement dated September 18, 2006. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Fourth Amendment to Consultant Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be increased by $125,000 for the current term <br />and an additional $275,000 shall be provided for the 2007 calendar year. Said <br />Section shall be deleted in its entirety and replaced with the following. <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under this Agreement during its first year shall not exceed $155,000.00. For calendar <br />year 2006, the total sum to be expended by the City shall not exceed $270,000.00. <br />The total sum to be expended by City during the 2007 calendar year shall not exceed <br />$275,000.00. <br />