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<br />b. Commencing November 1,2007, City agrees to compensate Contractor for its <br />services according to the fee and payment schedule set forth in Exhibit B-1, <br />attached to this First Amendment to Agreement, and incorporated herein as <br />though set forth in full. <br /> <br />c. The total compensation and costs payable to Contractor under this Agreement <br />shall not exceed the sum of $233,000.00 unless specifically approved by the City <br />Council. Said fee is based on the number of photos analyzed weekly." <br /> <br />4. Section 6, "Ownership of Work Product", first paragraph shall be amended to read <br />as follows: <br /> <br />"All data aenerated. and any reports, documents or other written material <br />developed by Consultant in the performance of this Agreement shall be and <br />remain the property of City without restriction or limitation upon its use or <br />dissemination by City." <br /> <br />5. Except as herein amended, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Second Amendment to <br />Agreement as of the date first written above. <br /> <br />ATTEST: <br /> <br /> <br />CITY OF SANTA ANA <br /> <br />~~ <br />Bl(: <br />~ David N. Re <br />City Manager <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br /> <br />Timothy M. Kephart <br />President <br /> <br />2 <br /> <br />