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<br />. <br /> <br />INSURANCE !iQI ON FILE <br />WORK MAY MQI PROCEED <br />CLERK OF COUNCIL FIRST AMENDMENT TO AGREEMENT <br />l"\~iF' \0-''2.- $~ <br />~ "\ THIS FIRST AMENDMENT TO AGREEMENT, is entered into on October 6, 2008, <br />2008, by and between CONCORDE CONSULTING, INC., a California corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br /> <br />A-2008.268 <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement # A-2007-144, dated June 18,2007, (hereinafter <br />"said Agreement") by which Consultant has provided temporary technical personnel <br />to assist the City's Information Technology department with various projects and on a <br />consulting basis. <br /> <br />B, In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term of said Agreement and increase compensation to pay for services during <br />the extended term. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this First <br />Amendment to Agreement, the parties agree as follows: <br /> <br />1. Section 3, ''Term'', shall be deleted in its entirety and replaced with the following: <br /> <br />"The term of said Agreement shall commence July 1, 2007 and terminate on <br />September 30, 2009, unless earlier tenninated in accordance with Section 13, below. <br />The term of said Agreement may be extended upon a writing executed by the <br />Executive Director of Finance and Management Services and the City Attorney. <br />The City shall have the option, at City's discretion, to renew this Agreement for up <br />to three (3) additional one- year periods." <br /> <br />2. Section 4, "Comnensation, shall be amended to increase total compensation by <br />$3,590,000.00, to pay for additional services provided during the extended term of said <br />Agreement. Said Section 4, shall read in full as follows: <br /> <br />"a. The City agrees to pay, and Consultant agrees to accept as total payment for its <br />services pursuant to this Agreement, the rates and charges set forth in Vendor's Cost <br />Proposal, attached to said Agreement as Exhibit B. City will detennine, in its sole <br />discretion which projects will be assigned to Consultant. Total compensation <br />payable to all vendors for Temporary Technical Contract Service Personnel under <br />this Agreement shall not exceed $3,590,000.00, during the one-year term <br />commencing October 1, 2008. Said total compensation shall be divided between any <br />and all of the Vendors selected by the City, as determined at the City's discretion. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed and/or products purchased, subject to City <br /> <br />250-4 <br />