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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 6, <br />2009, by and between Graffiti Tracker, Inc., a California corporation <br />("Consultant") and the City of Santa Ana, a charter city and municipal corporation <br />of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement # A-2007-037, dated February 5, 2007, <br />(hereinafter "said Agreement") by which Consultant has provided graffiti <br />analysis and tracking services. <br />B. Said Agreement was amended by the parties on September 6, 2007, to <br />provide additional compensation as the number of graffiti photos analyzed by <br />Consultant was greater than originally estimated by the parties. <br />C. Said Agreement was again amended on November 11, 2007 to provide <br />unlimited site licenses for City access to the GAITS system, extend the term <br />and provide compensation during the extended term. <br />D. In order to continue to provide graffiti analysis and access to the GAITS <br />system, and in accordance with the terms and conditions of said Agreement, <br />the parties wish to amend the Scope of Services, extend the Term and <br />increase Compensation pursuant to said Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, <br />and subject to all the terms and conditions of said Agreement, except those <br />amended in this Third Amendment to Consultant Agreement, the parties agree <br />as follows: <br />Section 1, "Contractor's Services", shall be deleted in its entirety and replaced <br />with the following: <br />a. "Scope and Level of Services. The nature, scope, and level of the specific <br />services to be performed by Contractor are as set forth in Exhibit A-2, <br />attached to this Third Amendment to Agreement, and incorporated herein <br />as though set forth in full. Agency is retaining Contractor pursuant to this <br />Agreement on anon-exclusive basis and reserves the right to retain other <br />professionals to perform similar service if Agency determines such <br />services are needed. <br />b. Time of Performance. The services shall be performed in a timely manner <br />and on a regular -basis in accordance with the written instruction of the <br />Contract Administrator. Time is of the essence in the performance of this <br />Agreement." <br />z <br />25A-3 <br />