REACH EMPLOYEE ASSISTANCE, INC. 1D - 2009

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f~ ~ ±.+R;a RaiCE t~N F1LE ~.~~~ ri4 I^;URANCE EXPIRr=5 ++ ~, GIERK OF COU C!L ~ n~T~ , ~ ' . ;. FOURTH AMENDMENT TO AGREEMENT ~_~~ THIS FOURTH AMENDMENT TO AGREEMENT is entered into on May 29, 2009, by ~ ~, and between REACH Employee Assistance, Inc., a California corporation ("Consultant") and the N ~ City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). ~ ~ RECITALS: A. The parties entered into Agreement #2002-208, dated November 18, 2002, (hereinafter "said Agreement") by which Consultant has provided employee assistance program services. B. Said Agreement was amended by the parties on October 3, 2005, on September 18, 2006 and on September 17, 2007. Each amendment extended the term of said Agreement. C. On August 18, 2008, the City Council of the City of Santa Ana accepted Consultant's offer to extend the terms and conditions of said Agreement and authorized a renewal of the agreement for an additional one-year period. D. In accordance with the terms and conditions of said Agreement, the parties wish to renew said Agreement for an additional one-year period and add compensation to pay for services during the extended term of said Agreement. 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 Fourth Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a, COMPENSATION, shall be deleted in its entirety and replaced with the following: "Commencing January 1, 2009, City agrees to pay and Consultant agrees to accept as total payment for its services, a fee of $1.85 per employee per month, with an agreed employee count of 1,550.00. The total compensation to be expended pursuant to said Agreement shall not exceed $34,410, annually, during the term of said Agreement. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence on January 1, 2003 and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12 of said Agreement. City shall have the option to extend the term of said Agreement for up to two additional one-year terms, at the rate set forth in Section 1, above." A-2002-208-04 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect.