25C - AGMT - CONSULTING SRVS IT - Laserfiche WebLink

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FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT, is entered into on March 4, 2014, by and between TELFORDS, a partnership (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into Agreement # A- 2007 -146, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided temporary technical personnel to assist the City's Information Technology department with various projects and on a consulting basis. B. The parties executed Amendments dated October 6, 2008, September 8, 2009, December 20, 2010, and September 4, 2012, by which the term was extended and compensation added to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term of said Agreement and provide compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: 1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence July 1, 2007 and terminate on the later of September 30, 2014, or the expenditure of allocated funds, unless earlier terminated in accordance with Section 13, below. The City Manager is authorized to extend the term of said Agreement for one additional six -month period. Said extension shall be on the terms and conditions set forth in said Agreement, and may provide for additional compensation as set forth below." 2. Section 4, "COMPENSATION ", shall be amended to increase total compensation by $1,700,000.00, to pay for additional services provided during the extended term of said Agreement. Said total compensation shall be allocated among all Consultants selected by the City, at the City's sole discretion. The City Manager, in exercising the option to extend the term as set forth above, may increase compensation by up to an additional $1,700,000.00." 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25C -11