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Contract - Technology - 2013-02-27 FIFTH AMENDMENT TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND TECHNOLOGY RESOURCE CENTER FOR TECHNOLOGY SYSTEM MAINTENANCE THIS FIFTH AMENDMENT to Agreement between the Costa Mesa Sanitary District and Technology Resource Centers fo�rtechnology system maintenance ("AGREEMENT") is made and entered into this a-1 day of JI 'Cj t 013, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, an Technology Resource Center, hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, on July 1, 2010, the DISTRICT and CONSULTANT entered into AGREEMENT for technology system maintenance;and WHEREAS, on October 27, 2010, the DISTRICT and the CONSULTANT executed a First Amendment to AGREEMENT for performing additional services to upgrade the DISTRICT'S technology system;and WHEREAS, on February 4, 2011, the DISTRICT and the CONSULTANT executed a Second Amendment to AGREEMENT for installing and configuring new technology system hardware and transferring files from old servers;and WHEREAS, on June 23, 2011,the DISTRICT and the CONSULTANT executed a Third Amendment to AGREEMENT by extending the AGREEMENT for an additional one-year period;and WHEREAS, on March 15, 2012 the DISTRICT and the CONSULTANT executed a Fourth Amendment to AGREEMENT for installing video equipment in the Board Room to begin recording public meetings;and WHEREAS, in May 2012 the DISTRICT authorized CONSULTANT to perform technology upgrades as part of the front lobby expansion project that was not part of the Fourth Amendment;and WHEREAS, the cost to perform the technology upgrades in the front lobby is complete and needs,to be ratified for services already rendered;and WHEREAS,the District desires to upgrade its network and Internet capabilities;and 1 • f) ) WHEREAS, the services for upgrading the DISTRICT'S network and Internet capabilities have • already been rendered by the CONSULTANT;and WHEREAS, the CONSULTANT desires an increase in compensation for providing said services; and WHEREAS,the DISTRICT desires to extend the Agreement to the five year term limit stipulated in the DISTRICT'S Operations Code;and WHEREAS,from time to time upgrades to the DISTRICT'S technology system may be needed to effectively perform DISTRICT operations. WHEREAS, the DISTRICT and CONSULTANT have agreed to a set amount and now desire to amend the AGREEMENT to increase CONSULTANT'S compensation for services rendered and extending the term for an additional two years and five months. NOW,THEREFORE,the parties hereto agree as follows: 1. Section 5,subsection e and fin the AGREEMENT shall be added to read as follows: "(e) DISTRICT ratifies that the services for performing technology upgrades to the front lobby is complete and the CONSULTANT received compensation in the amount of$5,657.39 for services rendered. (f) DISTRICT agrees to pay CONSULTANT the sum of$13,250.00 for upgrading the DISTRICT'S network and Internet capabilities. (g) The DISTRICT may desire the CONSULTANT to perform technology system upgrades from time to time. Upon the request from DISTRICT, CONSULTANT shall submit written proposals that includes description'of work, hourly rate,total hours to complete the work and the total cost. The general manager shall have authorization to approve or deny CONSULTANT proposals." 2. The AGREEMENT is hereby amended to extend for an additional two years and five month period expiring on June 30,2015. 3. The term of this Fifth Amendment shall become effective upon its adoption. 4. Except as specifically amended by the terms of this Fifth Amendment, all provisions of the AGREEMENT shall remain in full force and effect. /// /// 2 r' IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed this day and year first above written. COSTA MESA SANITA•Y DISTRICT TECHNOLOGY RESOURCE CENTER 1:62- i x/7/7Zaje/tv? lames Ferryman,President ' Mark Serres,Principal _ii--- Arthur Perry,Secretary - ATTEST: i District Clerk APPROVED TO FORM: L'C-�✓'(f C. Associate District Counsel 3