NEW CINGULAR WIRELESS NATIONAL ACCOUNTS, LLC 1

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< . INCURr,'I" I'''ii [/lQ.lIl..I\Ui I'v n'.'''' l\ ... . V.iC1Rt\ t\~i\Y PHjl.'LLU (., 0','11 OF COUNCIL <1_....., A-2007-053 DATE: 1-;:<,..{)7 () ~ F=m5 lJ1 U,~I~) Participating Addendum FOR THE CITY OF SANTA ANA UNDER THE WESTERN STATES CONTRACTING ALLIANCE WIRELESS COMMUNICATION SERVICES AND EQUIPMENT ST ATE OF NEVADA MASTER AGREEMENT (RFP 1523) 1. Scope: The City of Santa Ana (hereinafter "City") hereby elects to purchase products and services from New Cingular Wireless National Accounts, LLC, (hereinafter "Contractor") under the terms and conditions of the State of Nevada Master Agreement- RFP 1523, hereinafter "Master Agreement", attached hereto and incorporated by reference. 2. Changes: The following changes shall be made to the Master Agreement: Section 3, CONTRACT TERM, is modified as follows: This Agreement is effective from the date it is fully executed until the expiration, or earlier, termination of the Master Agreement. Contractor agrees to provide 30 days notice to City of Contractor's intent to terminate said Master Agreement. In the event said Master Agreement is terminated prior to the term of this Participating Addendum, and provided City is in compliance with all terms and conditions of said Master Agreement, Contractor will, at City's request, continue to provide service and equipment to City under the terms and conditions stated herein for no less than 180 days form the date of termination (the "Extension Period") in order to allow City to negotiate a new contract for wireless service and equipment. During the Extension Period, Contractor will provide City with the Service Discount applicable at the termination of the Master Agreement. Both parties will be bound by the terms and conditions of this Addendum and the Master Agreement during the Extension Period. 3. Primarv Contact: The City of Santa Ana's primary contact for this Participating Addendum is: Tom Gergen Information Services Division City of Santa Ana 20 Civic Center Plaza (M-12) Santa Ana, California 92701 Fax: (714) 647-5406 e-mail: tgergen@ci.santa-ana.ca.u~ This Addendum and the Master Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the provision of wireless communications services. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Master Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms.