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IN <br />0i,J <br />,Ji, t'& <br />I THIRD AMENDMENT TO A-2003-259 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />IRON MOUNTAIN OFF -SITE, DATA PROTECTION <br />(.formerly Arcus Data Security) <br />THIS THIRD AMENDMENT, made and entered into this 19'hday of November 2003, by and between <br />Iron Mountain Off -Site Data Protection ("Consultant") and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California ("City"), collectively referred to herein as "the Parties". <br />A. The Parties entered into that certain agreement entitled "Consultant Agreement" dated April of <br />2000, hereinafter referred to as "said Agreement", for providing off -site data storage related <br />services <br />B. The Parties hereto now desire to amend the Compensation, Tenn and Scope of Service sections <br />of said Agreement in order to in order to provide continuous Urlinterrupted service under the <br />Agreement. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br />I . Section 2, of said Agreement, pertaining to "Compensation" term of said Agreement <br />is hereby arnended to reflect an increase in compensation of an amount not to <br />exceed $17,000 due to an unexpected increase in the City's need for the <br />Consultant's services under said Agreement. <br />2. Section 3, of said Agreement, pertaining to Term of said Agreement is hereby <br />amended to change the termination date of November 30 2003 to November 30 <br />2004, in order to provide necessary continuous uninterrupted service to the Agency. <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the <br />date and year first above written. <br />PATRICIA E. HEALY <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attomey ( I <br />By: <br />Michael Vigliotfa �y <br />/ CITY oTA AAA <br />y,sAN <br />DAVID N. REAM <br />City Manager <br />Deputy City Attorney <br />(signatures continued on next page) <br />