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