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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />O�Tr FEB 0 2 2011 <br />..s <br />FOURTH AMENDMENT TO <br />MAINTENANCE AND SUPPORT AGREEMENT <br />N- 2002 -023 -002 <br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on January 1, <br />j 2011, by and between CommSys, Inc., an Ohio corporation ( "CommSys ") and the City of <br />Santa Ana, a charter city and municipal corporation of the State of California ( "City "). <br />RECITALS: <br />A. The parties entered into Agreement #A- 2006 -322, dated November 21, 2006, <br />� Q (hereinafter "said Agreement') by which Commsys has provided software license and <br />o <br />J maintenance and support for their ConnectCIC software products (collectively <br />"Products "). <br />B. The Parties entered into the First Amendment to Agreement, dated March 18, 2008, <br />providing additional applications software and extending the term of maintenance and <br />support. <br />C. The Parties entered into the Second Amendment to Agreement, dated February 3, <br />2009, extending the term of maintenance and support. <br />D. The Parties entered into the Third Amendment to Agreement, dated November 1, <br />2009, extending the term of maintenance and support. <br />E. The Parties now wish to set forth, in writing, their agreement that CommSys will <br />continue to provide maintenance and support of all software Products provided by <br />CommSys. <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 Agreement, the parties agree as follows: <br />1. CommSys and City agree that CommSys will provide maintenance and support for all <br />CommSys software applications run by City for the term from January 1, 2011 <br />through December 31, 2011. The parties may extend the term of maintenance and <br />support for successive one -year terms upon the mutual agreement of the parties. <br />2. Maintenance and Support services shall be provided for an annual fee of $4,000.00. <br />Total fees to be paid to CommSys pursuant to said Agreement during the term from <br />January 1, 2011 through December 31, 2011, shall not exceed $4,000.00. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />J <br />