ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) 2D - 2014

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f s _4 N9URANCE NOT ON FILE WORK MAY DI PROCEED CLERK OF COUNCIL DATE: ,OV 12 2bi'l FOURTH AMENDMENT TO CONSULTANT AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July _, 2014, by and between Environmental Systems Research Institute, Inc. ( "ESRI "), a California corporation, (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" or "Licensee "). RECITALS: A -2014 -238 A. City and Consultant entered into Master License Agreement 4N- 2009 -127 (also known as ESRI Contract # 2009MLA4911), dated July 24, 2009, (hereinafter "Agreement ") by which Consultant provided software licenses and maintenance for geographic information system applications called ArcView, which is now known as ArcGIS. This was a sole source contract because ESRI is the company with proprietary control of ArcGIS software licenses and the ability to maintain the software. B. City and Consultant entered into First Amendment to Agreement #N- 2009127 -001, dated June 1, 2011, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement #N- 2009 - 127 -002, dated April 1, 2012, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. D. City and Consultant entered into Third Amendment to Agreement #N -2009- 127 -003, dated May of 2013, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. E. In accordance with the terns and conditions of said Agreement, the parties desire to extend maintenance for ArcGIS for an additional one -year period and increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terns and conditions of said Agreement, except as herein modified, the parties agree as follows. /// 1. TERM. This Fourth Amendment extends the term of maintenance for an additional ono-year period from April 1, 2014, through March 31, 2015, as set forth in Exhibit A (Consultant's Maintenance Quotation 425613038), attached hereto and incorporated by reference. 2. COMPENSATION. Compensation shall be amended to increase compensation by an amount not to exceed $7,844,00, plus any applicable tax, to pay for the maintenance as set forth in Exhibit A to this Fourth Amendment and shall include for continuity of service, all services' provided since April 1, 2014. 1 Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect.