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A-2004-099 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXI'IRES iI-!-OS- CLERK OF COUNCIL DATE: (¡ --IS-Dlj THIRD AMENDMENT TO AGREEMENT e: r::MS/ß . #'- (S,i"ÐYd-) THIS THIRD AMENDMENT, made and entered into this 11 day of May 2004, by and between NEC Business Network Solutions, Inc. ("Vendor") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECIIALS A. The Parties entered into that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NEC BUSINESS NETWORK SOLUTIONS INC." dated June 26, 2001, hereinafter referred to as "said Agreement", for providing telecommunications products and services. B. On May 21,2002, the Parties amended said Agreement to provide additional Compensation and services under the terms of said Agreement. C. On June 17, 2003, the Parties entered into a Second Amendment to said Agreement in order to provide additional compensation and services under the terms of said Agreement. D. Whereas the City has determined that Vendor is the "sole source" as defined in the Santa Ana Municipal Code for providing telecommunication products and services. E. The Parties hereto now desire to enter into a Third Amendment to said Agreement to amend the Terms and Conditions, Scope of Services and Compensation of said Agreement in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1 of said Agreement, pertaining to "Terms and Conditions", of said Agreement is hereby amended to extend the term from July 1,2004 until June 30, 2005. 2. Section 2 of said Agreement, pertaining to "Scope of Services", of said Agreement is hereby amended to provide an option, exercisable at the sole discretion of the City, to purchase additional telephone system hardware, software and services in an amount not to exceed $50,000 for unidentified telephone system necessities that may occur during the term of this Agreement. 3. Section 3 of said Agreement, pertaining to "Compensation" of said Agreement is hereby amended to add an additional amount not to exceed $200,000.00. This amount includes the $50,000 option to purchase additional equipment as specified above. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.