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2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A to said Agreement. Such rates <br />shall be increased by 3.2 percent for the 2009 -10 fiscal year, to provide for increased <br />operating costs. The total sum to be expended under this Agreement, including a five <br />percent contingency amount, shall not exceed $666,310 during the 2009 -10 fiscal <br />year. <br />Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br />"This Agreement shall commence on June 18, 2007 and terminate on June 30, 2010, <br />unless terminated earlier in accordance with Section 12, below. The terms and <br />conditions of said Agreement may be extended for up to two additional one -year <br />periods, at the sole discretion of the City." <br />4. Except as herein amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Agreement the date and year first above written. <br />ATTEST: <br />kuncil <br />PATRICIA E. LY <br />Clerk of the C <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />By. <br />Lakdra Sheedy <br />Assistant City Attorney <br />CITY OF ANTA ANA <br />DAVID N. EAM <br />City Manager <br />MASTER <br />1VMAINTEI <br />R)I�ff ERT <br />President <br />SCAPE & <br />INC. <br />