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<br /> <br /> <br /> <br /> <br /> <br /> THIRD AMENDMENT TO CONSULTANT AGREEMENT <br /> <br /> <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 /> <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 /> <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 /> <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 tern, 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 Agreement, except as herein modified, the parses agree as <br /> follows: <br /> <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 /> <br /> 3. Section 6, INDEMNIFICATION, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25F-3 <br />