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INSURANCE NOT ON FILE <br />WORK MAY W1 PROCEED <br />A-2009-046 <br />�-t- CLERK OF COUNCIL THIRD AMENDMENT TO <br />HATE: '7-t 3.G i DIGITAL IMAGING MANAGEMENT SYSTEM <br />MAINTENANCE AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on May 4, <br />9 2009, by and between Linear Systems (Consultant) and the City of Santa Ana, a charter <br />(y city and municipal corporation of the State of California (`Cit}). <br />RECITALS: <br />A. The parties entered into Agreement # A-2005-166, dated July 21, 2005, (hereinafter <br />`§aid Agreement) by which Consultant has provided digital imaging software and <br />maintenance for use by the City's Police Department Forensic Division. <br />B. Said Agreement was amended by agreement A-2006-166-01, dated March 28, 2007, <br />to include additional equipment and provided extended warranties, support and <br />maintenance. <br />C. Said Agreement was subsequently amended by agreement A-2006-166-02, dated <br />March 6, 2008, to extend the warranties, maintenance and support and to set forth the <br />partied agreement as to the annual maintenance period. <br />D. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend said Agreement to provide equipment upgrades, extend the term of the <br />software support and maintenance provisions and increase compensation to pay for <br />the upgrades and support and maintenance services during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Third Amendment to Agreement, the parties agree as follows: <br />1. Section 3.a, COMPENSATION, shall be amended to increase compensation by <br />$23,000 to pay for upgrades to and an additional eight month term, November 1, 2008 <br />through June 30, 2009, of on-site warranty, maintenance and support for hardware and <br />software installed and maintained pursuant to said Agreement, as set forth in Exhibit 1, <br />attached hereto and incorporated by reference. <br />If the Santa Ana City Council approves funding for continued support and <br />maintenance of the digital imaging software, in the 2009/10 Citywide budget, <br />Compensation will be increased by an additional $34,000 to pay for support and <br />maintenance during the 2009/10 fiscal year, as set forth in Exhibit 2, attached hereto and <br />incorporated by this reference. <br />2. Section 4, TERM, shall be amended to extend the warranties, maintenance and <br />support for an additional eight month period from November 1, 2008 through June 30, <br />