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<br />. <br /> <br />A_2006-026 <br /> <br />.'\\ <br /> <br />ff <br /> <br />10-r-06 <br />. ~'..- - -.-" .. ~ .... .-- <br /> <br />':3 - I 7-0 (.- <br /> <br />SECOND AMENDMENT TO <br />CONSULTANT AGREEMENT <br /> <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered <br />into on the 21st day of February, 2006, by and between Phoenix Group Information <br />Systems, a California corporation ("Consultant") and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the <br />State of California ("City"). <br /> <br />Recitals: <br /> <br />A. The parties entered into Consultant Agreement, No. A-2005-037, dated February 22, <br />2005, which was later amended by an agreement dated March 31, 2005, No. A-2005- <br />037-01, (hereinafter collectively referred to as "said Agreement") by which <br />Consultant has provided automated citation services to the City. <br /> <br />B. The parties wish to extend the term of said Agreement for an additional one-year <br />term, and to increase the annual compensation. <br /> <br />Wherefore, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this Second <br />Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />1. Section 2.a., COMPENSATION, shall be amended to read as follows: <br /> <br />"a. City agrees to pay and Consultant agrees to accept as total <br />payment for its services the rates and charges identified in Exhibit A. The <br />total sum to be expended under this Agreement for its first year shall not <br />exceed 13000000. For calendar year 2006, the total sum to be expended <br />by the City shall be $145,000, plus an additional $25,000 payment which <br />shall be made within thirty (30) days of the execution of this amendment, <br />subject to the City's normal accounting procedures; provided, however, <br />that the parties agree and acknowledge that this Agreement shall be <br />canceled on thirty (30) days written notice by the Chief of Police or <br />designee if a City appropriation to pay Consultant for the last six months <br />of this Agreement is not included in the City's FY 06-07 budget. <br /> <br />1. Section 3.a., TERM, shall be added to the Agreement as follows: <br /> <br />"af This term of this Agreement shall continue through <br />December 31, 2006, unless terminated earlier in accordance with Section <br />12, below: provided, however, that the parties agree and acknowledge that <br />this Agreement shall be canceled on thirty (30) days written notice by the <br />