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<br />D.' FfJ[S (;tj A-2006-137 <br />(C.IMY&JK) FIFTH AMENDMENT TO AGREEMENT <br /> <br />THIS FIFTH AMENDMENT, made and entered into this/3A(ay of June 2006, by and between NEC <br />Unified Solutions, Inc. ("Vendor") and the City of Santa Ana, a charter city and municipal corporation <br />duly organized and existing under the Constitution and laws of the State of California ("City"), <br />collectively referred to herein as "the Parties". <br /> <br />RE!::.IIAL~ <br /> <br />A. The Parties entered into that Agreement A-2001-13I, dated June 26, 2001, hereinafter referred <br />to as "said Agreement", for providing telecommunications products and services. <br /> <br />B. The Parties hereto now desire to amend the Term, Scope of Services, and Compensation of said <br />Agreement in order to provide continuous uninterrupted service under the Agreement. <br /> <br />WHEREFORE, in consideration of the mutual and respective covenants and promises <br />hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as <br />hereby amended, the parties hereto do hereby agree as follows: <br /> <br />I. The City hereby exercises the option set forth in Section I, TERMS AND CONDITIONS, to <br />extend the term for an additional one year period, through June 30, 2007. <br /> <br />2. Section 2, SCOPE OF SERVICES, shall be amended to add a paragraph which shall read, in full, as <br />follows: <br /> <br />"City may purchase additional telephone system hardware, software and services, in an amount <br />not. to exceed $50,000 during the 2006-2007 fiscal year, for unidentified telephone system <br />necessities that may occur." <br /> <br />3. Section 3, COMPENSATION, shall be amended to provide total compensation in an amount not to <br />exceed $200,000.00 during the 2006-2007 fiscal year, which amount includes the $50,000 <br />equipment purchases set forth in Section 2, above. <br /> <br />4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged <br />and in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to said Agreement <br />the date and year first above written. <br /> <br /> <br />c;I CJ- C -:2::2 <br />);>-, z Ou:' <br />-4~ =:;;oc:: <br />-~;:>::: \ ~"''''' <br />- ~~:;:p <br />~~-53>~ <br />, 0 \ c.: -< if" <br />)Ja 0"'''0 <br />\)I c: ~252 <br />~::z: ("')0"" <br />9: jtl TTt r= <br />r- rnrT1rr <br />xO <br />-"' <br />'" <br />rn <br />'" <br /> <br />CITY OuA ANA <br /> <br /> <br />DAVID N. REAM <br />City Manager <br /> <br /> <br />ATTEST: <br /> <br />~~~Qr <br />(y\ PATRICIA E. HEAL <br />Clerk of the Council <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br />IEDSOLI;U ~0 ~ <br /> <br />t RAYMOND T. WILLIAMS <br /> <br />" DftCI\Ii,lDmWn'fNMaIM' <br /> <br />f~ SEPH W. FLETCHE <br />City Attorney <br />