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OVORK P?1Al " .? EE'= <br />?IERK <br />NTE MAR 2 b 20111 <br />FIFTH AMENDMENT TO AGREEMENT <br />A-2010-164A <br />THIS FIFTH AMENDMENT TO AGREEMENT is entered into on March 3, 2011, by and <br />between REACH Employee Assistance, Inc., a California corporation ("Consultant") 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 #2002-208, dated November 18, 2002, (hereinafter "said <br />Agreement") by which Consultant has provided employee assistance program services. <br />B. Said Agreement was amended by the parties on October 3, 2005, September 18, 2006, September 17, <br />2007 and May 29, 2009. Each amendment extended the term of said Agreement and added <br />compensation to pay for services during the extended term. <br />C. On August 3, 2009, in accordance with the terms of said Agreement, the City Council of the City of <br />Santa Ana exercised its first option to renew said Agreement for an additional one-year period, <br />through December 31, 2010. <br />D. On September 7, 2010, in accordance with the terms of said Agreement, the City Council exercised <br />its second option to renew said Agreement for an additional one-year period, through December 31, <br />2011. <br />E. The parties wish to provide this writing to evidence the renewal of the term of said Agreement for <br />two additional one-year periods, on the terms and conditions set forth in said Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the <br />terms and conditions of said Agreement, except those amended in this Fifth Amendment to Consultant <br />Agreement, the parties agree as follows: <br />1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br />"The term of said Agreement shall commence on January 1, 2003 and terminate on December 31, <br />2011, unless terminated earlier in accordance with Section 12 of said Agreement." <br />2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and <br />effect. <br /> <br /> <br />