HomeMy WebLinkAboutCONCORDE CONSULTING, INC. 1C - 2010L
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IDAFE. FEB 1 5 2011 THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT, is entered into on December 20,
2010, by and between CONCORDE CONSULTING, INC, 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").
RECITALS:
A-2010-249
A. The parties entered into Agreement # A-2007-144, 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, and September 8, 2009, 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 increase 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
Third Amendment to Agreement, the parties agree as follows:
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
expenditure of allocated funds, unless earlier terminated in accordance with
Section 13, below. The City shall have the option, at City's discretion, to renew
this Agreement for one (1) additional one-year period."
2. Section 4, "Compensation, shall be amended to increase total compensation by
$3,290,000.00, to pay for additional services provided during the extended term of said
Agreement. Said Section 4, shall read in full as follows:
"a. The City agrees to pay, and Consultant agrees to accept as total payment for
its services pursuant to this Agreement, the rates and charges set forth in Vendor's
Cost Proposal, attached to said Agreement as Exhibit B. Total compensation,
payable to any or all vendors for Temporary Technical Contract Service
Personnel, collectively, shall be increased by $3,290,000 to pay for services
during the extended term. Said total compensation shall be allocated among the
Vendors selected by the City, at the City's sole discretion.
b. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed and/or products purchased, subject to
City accounting procedures. Payment need not be made for work that fails to meet
the standards of performance set forth in the Recitals which may reasonably be
expected by City."
3. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement on the date and year first written above.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ?L GTiI i
Laura Sheedy
Assistant City Attorney
CONCORDE CONSULTING, INC.
(NAME) '?>ANA WA (
(Title) pSC,S/ DEA-;7