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<br />. ' <br />\NSlJtU'..NCt. ON FIL~, <br />'iiWK MAY PROCEED , <br />:HIIL iNSURANCE EXPIRES <br />fO -;-04> ~_ <br />"I E f!I\ OF COUNCli <br />DXii C)..,)..i.,rO(o <br /> <br />A-2006-262 <br /> <br />rT F'b ().\ <br />l0 scn-l) <br /> <br />THIRD AMENDMENT TO <br />CONSULTANT AGREEMENT <br /> <br />THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered on <br />September 18, 2006, by and between Phoenix Group Information Systems, a California <br />corporation ("Consultant") and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-2oo5-037, dated February 22, 2005 <br />(hereinafter "said Agreement") by which Consultant has provided parking citation <br />processing services <br /> <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />increase the compensation and extend the term for an additional one-year period. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />First Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />1. Section 2.a., COMPENSATION, shall be increased by $125,000 for the current term <br />and an additional $275,000 shall be provided for the 2007 calendar year. Said <br />Section shall be deleted in its entirety and replaced with the following: <br /> <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under this Agreement during its first year shall not exceed $130,000.00. For calendar <br />year 2006, the total sum to be expended by the City shall not exceed $300,000.00. <br />The total sum to be expended by City during the 2007 calendar year shall not exceed <br />$275,000.00. <br /> <br />2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br /> <br />"The term of this Agreement shall continue through December 31, 2007, unless <br />terminated earlier in accordance with Section 12, below, provided, however, that the <br />parties acknowledge and agree that this Agreement shall be canceled on thirty (30) <br />days written notice by the Chief of Police or his designee if a City appropriation to <br />pay Consultant for the last six months of this Agreement is not included in the City's <br />FY 07-08 budget." <br /> <br />3. Except as herein amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />