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A-2012-151
<br />SECOND AMENDMENT TO AGREEMENT
<br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 2, 2012, by
<br />and between Communications Support Group, Inc., a California corporation ("Consultant") and
<br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the
<br />Constitution and laws of the State of California ("City").
<br />RECITALS:
<br />A. The parties entered into that certain Agreement N-2011-012, dated January 25, 2011,
<br />C J (hereinafter "said Agreement") by which Consultant has provided cable television/video
<br />provider franchise audit services.
<br />B. The parties executed Amendment to said Agreement, A-2011-195, dated August 1, 2011, to
<br />include a full franchise audit, and increase compensation to pay for audit services.
<br />E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
<br />Scope of Services and increase compensation to pay for the additional services provided.
<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 Second Amendment to
<br />Agreement, the parties agree as follows:
<br />1. Section 1, SCOPE OF SERVICES, shall be amended to provide that Consultant shall
<br />complete the franchise fee and PEG fee audit of AT&T, and provide support in City's
<br />collection from Time Warner of unpaid franchise fees and PEG fees, as set forth in Exhibit A
<br />attached hereto and incorporated by this reference.
<br />2. Section 2, COMPENSATION, shall be amended to increase compensation by $20,000, to pay
<br />for the additional services as follows:
<br />a. Prepare Time Warner franchise fee and PEG fee audit findings to support the City's
<br />collection of unpaid fees, for a not to exceed amount of $5,000; and
<br />b. Provide administrative and expert witness support in City's collection of unpaid Time
<br />Warner franchise and PEG fees in a not to exceed amount of $10,000; and
<br />c. Complete agreed-upon procedures review of AT&T franchise fee and PEG fees for a
<br />one year period for an amount not to exceed $5,000.
<br />C. When Consultant commenced the audit of AT&T's franchise and PEG fees, Consultant was
<br />informed by AT&T that several quarters of data had been lost in the AT&T system, resulting
<br />in delays and added costs while Consultant worked with the franchisee to determine an audit
<br />method based on extrapolated data.
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<br />D. Consultant has completed the audit of Time Warner franchise and PEG fees and has been
<br />requested to provide expert support to the City in the collection of unpaid franchise and PEG
<br />fees.
<br />E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
<br />Scope of Services and increase compensation to pay for the additional services provided.
<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 Second Amendment to
<br />Agreement, the parties agree as follows:
<br />1. Section 1, SCOPE OF SERVICES, shall be amended to provide that Consultant shall
<br />complete the franchise fee and PEG fee audit of AT&T, and provide support in City's
<br />collection from Time Warner of unpaid franchise fees and PEG fees, as set forth in Exhibit A
<br />attached hereto and incorporated by this reference.
<br />2. Section 2, COMPENSATION, shall be amended to increase compensation by $20,000, to pay
<br />for the additional services as follows:
<br />a. Prepare Time Warner franchise fee and PEG fee audit findings to support the City's
<br />collection of unpaid fees, for a not to exceed amount of $5,000; and
<br />b. Provide administrative and expert witness support in City's collection of unpaid Time
<br />Warner franchise and PEG fees in a not to exceed amount of $10,000; and
<br />c. Complete agreed-upon procedures review of AT&T franchise fee and PEG fees for a
<br />one year period for an amount not to exceed $5,000.
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