HIGH LINE CORPORATION 1D -2009 - Laserfiche WebLink

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IN5URANCE NOT OiV FILE N-2009-012 WORK MAY ~ PROCEED CLERK OF COUNCIL DATE: ~ -~ ~' ~' 9 FOURTH AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT # 980603 L' :- Fv~a~~a- (a-~ Sha~~o~. tle~.ne~"~'HIS FOURTH AMENDMENT, made and entered into this 12a'day ofJanuary, 2009, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and High Line Corporation. ("Contractor") collectively referred to herein as "Parties". RECITALS A. Parties entered into that certain agreement entitled "Program License & Service Agreement #98063" dated June 22, 1998, hereinafter referred to as "Program and Service Agreement", for the provision of various computer program licenses and softwaze modules. The Parties subsequently executed amendments dated April 3, 2000, May 2, 2001 and January 19, 2006, hereinafter referred to as "Program and Service Amendment #1, #2 and #3" respectively. B. The parties now desire to amend said Agreement in order to allow the City to utilize certain programs to participate in Ca1PERS beta testing and to provide continuous service under said Agreement as all other terms and conditions remain the same. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: 1. Pursuant to Section 16.B, of said Agreement, REQUISITION OF ADDITIONAL PRODUCTS AND SERVICES, the Executive Director of Finance hereby approves the amended rates set forth in Exhibit A-1, attached hereto. Said rates shall be effective December 8, 2008. 2. Amend Part IV, ADDITIONAL TERMS AND CONDITIONS, by adding a Section 8, which shall read, in full, as follows: "Ca1PERS -Contractor has agreed to work with the City as part of the beta test project for the Ca1PERS changes planned. Contractor will make any changes required in the ePersonality version at no additional cost to the City. While the City will be required to install ePersonality in order to test any database and program changes necessary, the City will not be required to pay an ePersonality upgrade fee in order to utilize the Ca1PERS functionality." 3. Except as modified by amendments, the terms and conditions of said Agreement remain unchanged and in full force and effect.