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<br />. <br />INSURANCE l'H.H ON FILE <br />WORK MAY l'JOI PROCEED <br />CLERK OF COUNCIL <br />DATE: OCT 2 5 2006 <br /> <br />O'.Pw}4-{:).) <br />CD. U-vh ft) <br /> <br />A-2006-272 <br /> <br />THIRD AMENDMENT TO AGREEMENT <br /> <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on October 2, <br />2006, by and between Hernandez Cart Service, a California corporation ("Consultant") <br />and the City of Santa Ana, a charter city and municipal corporation of the State of <br />California ("City"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement #A-2004-134 dated July 1,2004, (hereinafter <br />"said Agreement") by which Consultant has provided shopping cart retrieval services. <br /> <br />B. In accordance with the intent of the parties at the time the parties executed said <br />Agreement, the parties wish to renew said Agreement for an additional one-year <br />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 />Third Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />I. Section 2.a., COMPENSATION, shall be amended to increase compensation by <br />$84,000.00 to pay for services during the period from October I, 2006 through <br />September 30, 2007. Said section shall read, in full, as follows: <br /> <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, seven thousand dollars ($7,000.00) per month. The total sum to be <br />expended under this Agreement shall not exceed $84,000.00, annually, during the <br />term ofthis Agreement." <br /> <br />2. Section 3, TERM, shall be amended to extend the term an additional one-year period. <br />Said Section shall read in full as follows: <br /> <br />"This Agreement shall commence on the date first written above and terminate on <br />September 30, 2007, unless terminated earlier in accordance with Section 12, below. <br />The City may extend the term of this agreement for up to two additional one-year <br />periods, by a writing executed by the City Manager and the City Attorney." <br /> <br />3. Section 12, TERMINATION, shall be deleted in its entirety and replaced with the <br />following: <br />