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THIRD AMENDMENT TO CONSULTANT AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT, is entered into this day of <br />2011, by and between Simplex/Grinnell LP, a California <br />corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS: <br />A. City and Consultant entered into Agreement No. N-2008-160, dated December 1, 2008, <br />for the service and maintenance of electronic door access systems (hereinafter "said <br />Agreement"). <br />B. City and Consultant entered into a First Amendment to Agreement No. A-2009-195, dated <br />October 1, 2009, amending the Scope of Services to provide system testing and <br />maintenance services, amending compensation to pay for additional services, and <br />extending the term of the Agreement for an additional one-year period. <br />C. City and Consultant entered into a Second Amendment to Agreement No. A-2010-229, <br />dated November 1, 2010, amending the Scope of Services to provide system testing and <br />maintenance services, amending compensation to pay for additional services, and <br />extending the term of the Agreement for an additional one-year period. <br />D. In accordance with the terms and conditions of said Agreement, the Parties desire to <br />extend the term of said Agreement for an additional one-year period, increase <br />compensation to pay for services provided during the extended term, and delete and <br />replace the indemnification language. <br />NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all <br />the terms and conditions of said Agreements except as herein modified, the parses agree as <br />follows: <br />1. Section 2, COMPENSATION, shall be amended to increase compensation to an amount <br />not to exceed $14,796.00 to pay for system testing and maintenance services provided <br />during the extended term. <br />2. Section 3, TERM, shall be amended to extend the term of said Agreement for an <br />additional one-year period through October 31, 2012. <br />3. Section 6, INDEMNIFICATION, shall be deleted in its entirety and replaced with the <br />following: <br />25F-3