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.OHANf L ON FILL <br />�",ORK mN`` PROCELD N-2004-018-01 <br />UIdUL INSURANCE RPP, ; <br />I�►�1_ <br />CLERK OF C UNCII.. A ENDMENT TO EQUIPMENT MAINTENANCE AGREEMENT <br />WE:1 ,tdt WITH TECHNOLGY UNLIMITED, INC. <br />THIS AMENDMENT TO EQUIPMENT MAINTENANCE AGREEMENT, made and entered into this <br />26th day of February, 2018, by and between the City of Santa Ana, a charter city and municipal corporation <br />duly organized and existing under the Constitution and laws of the State of California ("City"), and <br />Technology Unlimited, Inc. ("TUP'), or, collectively "the Parties". <br />RECITALS <br />A. In 2004, the City and TUI entered into that certain agreement entitled "Equipment Maintenance <br />Agreement' (Agreement #N-2004-018) hereinafter referred to as "said Agreement", for computer <br />hardware, software and maintenance services for equipment utilized in the remittance processing system. <br />B. The parties hereto now desire to amend said Agreement to add some terms and set forth the term of <br />said Agreement. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the Parties hereto do hereby agree as follows: <br />1. The Scope of Services is amended to include Exhibit A, attached hereto and incorporated herein by <br />reference. Exhibit A includes the current billing statement as Schedule A, attached thereto. In the <br />event that the terms of Exhibit A are not in agreement with the provisions of this recital, the parties <br />agree that the provisions of this recital shall be controlling. <br />2. The renewal Term of said Agreement_ shall_ be_ for two (2) years, effective March 1, 2017 through <br />February 29, 2020, with two 1 -year option renewal periods, exercisable by City upon a written <br />notification to TUI executed by the City Manager and City Attorney. <br />3. As full Compensation for the maintenance services, City agrees to pay, and TUI agrees to accept <br />payment in an amount not to exceed Twenty Five Thousand Dollars ($25,000.00) over the Term, <br />including option renewal periods. <br />4. "Miscellaneous Terms" shall be added to said Agreement as follows: <br />ARTICLE XIII. MISCELLANEOUS TERMS. <br />A. Execution. This Agreement must be signed below and may be signed in counterpart and <br />delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other <br />means that displays the original or a copy of the signatures. Any subsequent amendments or <br />change orders may be signed and delivered in the same manner. <br />B. Jurisdiction— Venue. This Agreement and all questions relating to its validity, <br />interpretation, performance, and enforcement shall be governed and construed in accordance <br />with the laws of the State of California. This Agreement has been executed and delivered in <br />the State of California and the validity, interpretation, performance, and enforcement of any <br />