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2. Section 4, "Term of Agreement", shall be deleted in its entirety and replaced <br />with the following: <br />"This Agreement shall commence February 5, 2007 and terminate June 30, <br />2010, unless earlier terminated pursuant to Section 13. The term may be <br />extended upon mutual agreement of both parties." <br />3. Section 5, "Compensation", shall be deleted in its entirety and replaced with <br />the following: <br />"a. Commencing July 1, 2009, City agrees to compensate Contractor for <br />its services according to the fee and payment schedule set forth in Exhibit <br />B-2, attached hereto and incorporated by reference. <br />b. The total compensation and costs payable to Contractor under this <br />Agreement shall not exceed the sum of $120,000.00 during the 2009-2010 <br />fiscal year, unless specifically approved by the City Council. Said fee is <br />based on the number of photos analyzed weekly." <br />4. Except as herein amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />IN WITNESS WHEREOF, the parties have executed this Third Amendment to <br />Agreement as of the date first written above. <br />ATTEST: <br />By: <br />Patricia E. Healy <br />City Clerk <br />CITY OF SANTA ANA <br />By: <br />David N. Ream <br />City Manager <br />APPROVED AS TO FORM: <br />.. <br />Cftic~~,~ ~e~ <br />Joseph letche <br />City Attorney <br />GRAFFITI TRACKER, INC. <br />By: <br />Timothy M. Kephart <br />President <br />2 5A-4 <br />