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FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT is entered into on this day of <br />, 2012, by and between Correctional Managed Care Medical Corporation, a <br />California corporation (hereinafter "Consultant") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement #A-2007-193, dated August 20, 2007, <br />(hereinafter "said Agreement") by which Consultant has provided special skill and <br />knowledge in the field of providing inmate medical services. <br />B. The parties entered into a First Amendment, Second Amendment, Third Amendment and <br />Fourth Amendment, which each renewed the term of said Agreement and approved the <br />maximum obligation to be expended for services during that renewed term. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />term of said Agreement to provide for an additional one-year extension and approve the <br />maximum obligation to be expended for services during that renewed term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Fifth Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1., TERM, shall be amended for an additional one-year period from August 31, 2012 <br />to August 31, 2013. <br />2. Section 3a. COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />a. The Total Annual Sum to be expended under this Agreement for staffing, pharmaceutical, <br />supplies and other services shall not exceed $1,373,732 during the renewal term, from <br />August 31, 2012 to August 31, 2013. During that renewal term, the total payments for <br />inmate medical services shall not exceed $1,273,732. An additional amount up to <br />$100,000 shall be available for Additional Services as listed in Section 13 of the RFP and <br />as set forth in Exhibit A to this Fifth Amendment, during the renewal term. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />25B-3