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<br />~ <br />'" <br />r- <br />'" <br />~ <br /> <br />INSURANCE 001 ON F\L~ <br />WORK MAY 001 PROCEED <br /> <br />CLERK OF COUNCIL ---6 6j FIRST AMENDMENT TO <br />flaTE: \?- -l7 VALLEY OAK SYSTEMS <br />~\ SOFTWARE LICENSE, MAINTENANCE <br />AND SUPPORT AGREEMENT <br /> <br />A-2009-l59 <br /> <br />\ ~ THIS FIRST AMENDMENT, made and entered into this 8th day of September, 2009, by and between, <br />i AON eSOLUTIONS, INC., ("AON") and the City of Santa Ana, a charter city and municipal corporation <br />, 0<,' duly organized and existing under the Constitution and laws of the State of California ("City"), <br />~ collectively referred to herein as "the Parties". <br />(:- <br />2 ~ RE~IIA1~ <br />~ <br />N-S <br />(' <br />~ <br />.- .~ <br />o <br /> <br />A. The Parties entered into that certain agreement entitled "SOFTWARE MAINTENANCE <br />AND SUPPORT AGREEMENT" (A-2007-049), dated February 20, 2007, (hereinafter "said <br />Agreement"), for maintenance and support services for the AON workers' compensation and <br />liability claims software utilized by the City's Personnel Agency, Risk Management Division. <br /> <br />B. The Parties now desire to amend said Agreement to provide continuous service under the <br />terms of said Agreement and to include the provision of a new module designed to assist the <br />City in complying with Medicare and Medicaid reporting requirements. <br /> <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br /> <br />I. Section I, MAINTENANCE AND SUPPORT SERVICE, shall be amended to add subsection <br />"e", which shall read: <br /> <br />"AON shall provide its CMS Module which allows the City to comply with Medicare and <br />Medicaid reporting requirements, as set forth in Exhibit A-I, attached hereto and incorporated by <br />this reference." <br /> <br />2. Section 3.a, TERM AND TERMINATION, shall be amended to extend the term for an <br />additional one-year period, through September 30,2010. The term may be extended for up to <br />five additional one-year periods, at the option of the City. <br /> <br />3. Section 4, FEES AND CHARGES, shall be deleted in its entirety and replaced with the <br />following: <br /> <br />"a. The fee for the maintenance and support services provided for herein shall not exceed <br />$29,932.93, during the first one year extension of said Agreement. It is hereby agreed that <br />the renewal rate for this Maintenance Agreement shall either be the same as the current <br />year's rate or at an increase not to exceed the Consumer Price Index (CPI) Los Angeles- <br />Riverside - Orange County area. <br />