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<br />SECO\D :~~IE\D11E'S'I' `I'O .aGREE~1E~iT <br />l HIS SI~COND :1:~IL'~D:\1I:'~ I''fO ,1GRF[:11faT is entered into nn January >. <br />X009. by and hetr+ecn CIS Data Resources. a California corporation 1"GDR") and the <br />Cite ul'Santa .-\na. a charter cite and municipal corporation of the State ofCalitornia <br />RL:CI'f:11,S: <br />:1. The parties entered into ,Agreement ~:\-?007-0-)-f. dated Januar+ ?h. ~U07. <br />(hercina(ter "said Agreement") h+' +vhich GDK has provided maintenance and support <br />of the (;IS data tracking soft+~are containing the public safety geofile. <br />f3. In accordance ++ ith the terms and conditions of said .~\greement. the parties ++ ish to <br />extend the term of said agreement and increase compensation to provide maintenance <br />and suppi~rt during the extended term. <br />t\'FII:RE;I~UR{:. in consideration of the co+enants contained in said Agreement. and <br />subject to all the terms and conditions of said Agreement. except those amended in this <br />Second \mcndment to Agreement. the parties agree as follo++s: <br />Section I. "Detinitions", shall be amended to add a paragraph t t1. ++hich shall read in <br />full as follo+vs: <br />"(tl State Government Rights. Ifl,icensee is an agency, department. or other <br />entity oi~any State government, the United States Government or any other public <br />entity or limded in ++hole or in part by the United States Government. then <br />Licensee hereby agrees tip protect the S:\FD Address Points Geofile (hereinafter <br />"the Products~~? from public disclosure and to consider the Products exempt Gom <br />any statute. la++. regulation. or aide, including, any Sunshine -1ct. Public Records <br />:let. Freedom of Information .-\ct. or equivalent. ++hich permits public access <br />and or reproduction or use of the Products. In the event that such exemption is <br />challenged under any such la++s. this A4~reernent shall be considered breached and <br />am and all right to retain any copies or to use of the Products shall he terminated <br />and considered inunediatel+ null and void. .~\nv copies of the Products held b+ <br />Licensee shall immediatclyy he returned to GDR." <br />?. Section ? (al shall be amended to state that the compensation t~~r maintenance and <br />support ofthc GIS data tracking software shall not exceed 570.000. annually. Ifthe <br />City Council fails to allocate lands for the sofh+-are maintenance and support in the <br />annual Santa ~\na f ire Department budget. said :\~~rrement ,hall terminate cat the <br />conclusion of the term and shall not automaticalf+~ renc+y for another one-year term. <br />25A-2 <br />