ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 2C - 2013

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N-2009-12r/-003 INSURANENO ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL THIRD AMENDMENT TO CONSULTANT AGREEMENT DATE: Op 7 2013 ®: t oy%Ce CZ) THIS THIRD AMENDMENT TO AGREEMENT is entered into on May 2013, by and (.c),A between Environmental Systems Research Institute, Inc. ("ESRI"), a California corporation, (hereinafter (M "�ee1 "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing VVQ� under the Constitution and laws of the State of California (hereinafter "City" or "Licensee "). RECITALS: A. City and Consultant entered into Master License Agreement 4N- 2009 -127 (also known as ESRI Contract # 2009MLA4911), dated July 24, 2009, (hereinafter "Agreement ") by which Consultant provided software licenses and maintenance for geographic information system applications called ArcView. This was a sole source contract because ESRI is the company with proprietary control of ArcView software licenses and the ability to maintain the software. B. City and Consultant entered into First Amendment to Agreement #N- 2009127 -001, dated June 1, 2011, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement #N- 2009 - 127 -002, dated April 1, 2012, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. D. In accordance with the terms and conditions of said Agreement, the parties desire to extend maintenance for ArcView for an additional one -year period and increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. TERM. This Third Amendment extends the term of maintenance for an additional one -year period from June 1, 2013, through May 31; 2014, as set forth in Exhibit A (Consultant's Maintenance Quotation #25557367), attached hereto and incorporated by reference. 2. COMPENSATION. Compensation shall be amended to increase compensation by an amount not to exceed $7,844.00, plus any applicable tax, to pay for the maintenance as set forth in Exhibit A to this Third Amendment and shall include for continuity of service, all services provided since March 31, 2013 when the Second Amendment ended. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST: //7&V,e4 MARIA D. HUI7,AR Clerk of the Council r CITY OF.S, TA ANA KEVIN O'ROURKE Interim City Manager