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<br />, 1N5\1Rr.ll.l ON FILE <br />WORK 11".,( PROCEED <br />UNTIL 1I,~uRANCE EXPIRES <br />'7-/-17' <br />CLERK OF COUNCIL <br />DATE: I -, tf - 0 ~ <br /> <br />A-2005-304 <br /> <br />FOURTH AMENDMENT TO AGREEMENT <br /> <br />/}W tv)...> r1-~,jc>1 ,j-{ <br /> <br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on December <br />5,2005, by and between SoftMaster, Inc, ("Vendor") and the City of Santa Ana, a charter <br />city and municipal corporation of the State of California ("City"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-200I-256, dated December 18, 2001, <br />(hereinafter "said Agreement") by which Vendor has provided information <br />technology services as needed by the City. <br /> <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />renew said Agreement for an additional one-year period. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Fourth Amendment to Agreement, the parties agree as follows: <br /> <br />1. Section 1, TERMS AND CONDITIONS, shall be deleted in its entirety and <br />replaced with the following: <br /> <br />"The term of this Agreement shall commence December 18, 2001 and terminate <br />when allocated funds have been fully expended. <br /> <br />All terms and conditions more fully set forth in: <br />(a) The City's Request for Proposal ("RFP"): "Temporary Technical Contract <br />Service Persons and Consulting Services", issued November 02,2001 <br />(Exhibit A to said Agreement) <br />(b) The Vendor's Proposal, dated November 26, 2001 (Exhibit B to said <br />Agreement) <br />shall have full force and effect in this Agreement." <br /> <br />2. Section 3, COMPENSATION, shall be amended by deleting the first paragraph <br />thereof and replacing it with the following: <br /> <br />"The City will pay to all Vendor's supplying information technology temporary <br />personnel and consulting services, a total amount not to exceed $2,850,000 during <br />the period commencing January 1,2006 until allocated funds have been <br />expended. Said total amount shall be divided among all such service providers at <br />the City's sole discretion." <br /> <br />3. Except as herein amended, all terms and conditions of said Agreement shall <br />remain in full force and effect <br />