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I IFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT, is entered into on March 4, 2014, by and <br />between THE COMDYN GROUP, INC., a California corporation (hereinafter "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 (hereinafter "City "). <br />RECITALS: <br />A. The parties entered into Agreement # A -2007 -147, dated June 18, 2007, (hereinafter "said <br />Agreement ") by which Consultant has provided temporary technical personnel to assist the <br />City's Information Technology department with various projects and on a consulting basis. <br />B. The parties executed Amendments dated October 6, 2008, September 8, 2009, December 20, <br />2010, and September 4, 2012, by which the term was extended and compensation added to <br />pay for services during the extended term. <br />C. In accordance with the terns and conditions of said Agreement, the parties wish to again <br />extend the term of said Agreement and provide compensation to pay for services during the <br />extended term. <br />VTHEREFORE, 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 3, TERM, shall be deleted in its entirety and replaced with the following: <br />"The term of said Agreement shall commence July 1, 2007 and terminate on the later of <br />September 30, 2014, or the expenditure of allocated funds, unless earlier terminated in <br />accordance with Section 13, below. The City Manager is authorized to extend the term <br />of said Agreement for one additional six -month period. Said extension shall be on the <br />terms and conditions set forth in said Agreement, and may provide for additional <br />compensation as set forth below." <br />Section 4, "COMPENSATION ", shall be amended to increase total compensation by <br />$1,700,000.00, to pay for additional services provided during the extended term of said <br />Agreement. Said total compensation shall be allocated among all Consultants selected <br />by the City, at the City's sole discretion. The City Manager, in exercising the option to <br />extend the term as set forth above, may increase compensation by up to an additional <br />$1,700,000.00. <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />25C -9 <br />