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A -2016 -ass <br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATG I ` Z ­Z,— 10 THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on March 15, 2016, retroactive to <br />January 1, 2016 in order to provide continuous uninterrupted service, by and between Systems & <br />Software, Inc., a Vermont corporation ( "S &.S ") and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />3 <br />RECITALS- <br />A. The parties entered into that certain Agreement A- 2008 -053, dated March 3, 2008, (hereinafter "said <br />l A Agreement ") by which S &S has licensed to City, utility billing application software, along with <br />t� support and maintenance of such software. <br />B. The parties successively entered into: (1) a First Amendment to that Agreement (A- 2010 -016) on <br />February 10, 2010 to clarify the process for annual renewal of support services and to amend the <br />\ calculation by which the Support Service Program cost will be adjusted; and (2) a Second <br />Amendment to that Agreement (A- 2013.003) on February 13, 2013 to amend said Agreement to <br />G extend the Term by one- yeanwith the option of two additional one -year renewals. <br />NOW THEREFORE, in consideration of the covenants contained in said Agreement, and subject to <br />all the terms and conditions of said Agreement, except those amended in the afore - mentioned First <br />and Second Amendments to said Agreement, the parties agree as follows: <br />1. The parties hereto now desire to amend said Agreement to extend the Term by three (3) years <br />beginning with the 2016 calendar year with the option(s) to further extend said Agreement for two <br />additional one (1) calendar year period(s) (2019 and 2020), exercisable by the City Manager and <br />City Attorney upon a written request executed by the City Manager, subject to non - substantive <br />changes approved by the City Manager and City Attorney. <br />2. The parties hereto now desire to amend said Agreement to upgrade the enQuesta Customer Service <br />Information Service and Utility Billing Software application (version 3E) as described in Exhibit I <br />of said Agreement ( "enQuesta ") to version 4.5 as described in S &S'enQuesta Upgrade Statement of <br />Work, dated February 16, 2016, which is herein incorporated by reference as Exhibit A. <br />3. City agrees to pay, and Consultant. agrees to accept as total payment for its services, the rates and <br />charges identified in Exhibit A in accordance with the Payment Schedule as set forth in Appendix F. <br />The total sum to be expended thereon under this Agreement shall not exceed $225,500.00 for the <br />enQuosta version 4.5 upgrade. In addition thereto, the City agrees to pity and the Consultant agrees <br />to accept the enQuesta software maintenance payment schedule as set forth below: <br />Base Contract Period (2016 & 2017 & 2018) <br />Basic Software System + Upgrade Maintenance <br />2016 Calendar Year - $137,236 + $ 0 =$t37,236 <br />2017 Calendar Year - $142,725 + $ 15,000 = $157,725 <br />2018 Calendar Year - $148,434 + $ 13,000 = J 6.L 34 <br />Total = $456,395 <br />Optional Contract Period (2019 & 2020) <br />Basic Software System + Upgrade Maintenance <br />2019 Calendar Year - $154,372 + $ 13,520 = $167,892 <br />2020 Calendar Year - $160,547 + $ 14,061 = .174 608 <br />Total = $342,500 <br />