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INSURANCE ON FILE <br />WORK MAY PROCEED N-2009-146-002 <br />UNTIL INSURANCE EXPIRES <br />l - / ` // <br />CLERK CQUNCIL <br />DATE <br />:AR 1 6 ZO?t ?? SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 15, <br />2011, by and between the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (the <br />"Client") and Tiburon, Inc., a Virginia corporation with its principle place of business at <br />6200 Stoneridge Mall Road, Suite 400, Pleasanton, California, 94588 (hereinafter, <br />"Tiburon"). <br />RECITALS: <br />A. The parties entered into Agreement #N-2009-146, dated March 15, 2009, (hereinafter <br />"said Agreement") by which Tiburon has provided support services relating to the <br />Fire Department's Response Management System. <br />B. The parties entered into a First Amendment to Agreement, dated March 15, 201 O, in <br />order to extend the term of the Agreement for a one year period. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the Term of the Agreement for an additional one-year period. The parties also <br />wish to set forth the compensation payable to Tiburon for the performance of the <br />services. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, as <br />amended, and subject to all the terms and conditions of said amended Agreement, except <br />those amended in this Second Amendment to Agreement, the parties agree as follows: <br />1. Section 3, "Term" shall be amended as follows: <br />The first sentence of the paragraph stating "The term of this Agreement shall commence <br />on the Effective Date and shall be in effect for a period of one (1) year" shall be deleted <br />and replaced with the following sentence: "The Term of this Agreement, as amended, <br />shall be from 12:01 a.m. on March 15, 2011 to 11:59 p.m_ on March 14, 2012." The <br />remainder of the paragraph shall remain unchanged <br />2. Exhibit 2 of the original Agreement shall be replaced with a new Exhibit 2, which is <br />attached hereto. All references in the Agreement to Exhibit 2 will now be to the new <br />Exhibit 2 as attached hereto. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect.