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HomeMy WebLinkAboutSYSTEMS & SOFTWARE, INC. 1B - 2013r. SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on ?Jll. 2013, by and between Systems & Software, Inc., a Vermont corporation ("S&S") 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 ("City"). RECITALS: A. The parties entered into that certain Agreement A-2008-053, dated March 3, 2008, (hereinafter "said Agreement") by which S&S has licensed to City, utility billing application software, along with support and maintenance of such software. Said Agreement stipulates that the maintenance plan renews automatically each year unless cancelled. B. Said Agreement was amended in February of 2010 to clarify the process for annual renewal of support services, and to amend the calculation by which the Support Service Program cost would be adjusted. C. The parties hereto now desire to amend said Agreement to extend the Term by one-year with the option of two additional one-year renewals. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement as amended, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. The parties hereby extend the term of said Agreement one year effective January 1, 2013, with the option of two one-year renewals. Annual increases shall not exceed 4%. 2. Total compensation for the extended term under said Agreement shall not exceed $133,565.10. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: C Lisa Storck Assistant City Attorney CITY F SANTA ANA Paul Walters City Manager SYSTEMS & SOFTWARE, INC. (NAME) (Title) A-2013-003