25K - REDLIGHT PHOTO ENFORCEMENT

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THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REDFLEX TRAFFIC SYSTEMS, INC. THIS THIRD AMENDMENT (the "Amendment") made and entered into this day of 2010, by and between REDFLEX TRAFFIC SYSTEMS, INC., a Delaware Corporation, registered to do business in California under corporate entity number C2463262 (hereinafter referred to as "Redflex"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The parties previously entered into an Agreement between the City of Santa Ana and Redflex Traffic Systems, Inc. ,number A-2002-231, dated December 2, 2002 (the "Agreement"), to provide automated red light photo enforcement in the City of Santa Ana; and, B. The parties mutually agree to amend certain terms of the Agreement, including, among other revisions, the term, installation, violation processing, training, compensation, go live and final acceptance, insurance, and termination clauses. C. The Santa Ana City Council hereby authorizes the Chief of Police to exercise the option to extend the term for a one (1) year period upon the expiration of this five (5) year term, and to exercise the option to extend the term for a second one (1) year period upon the expiration of the first one (1) year extension of said agreement, upon the discretion of the Chief of Police, WHEREFORE, in consideration of the mutual and respective covenants and promises contained herein, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: 1. TERM. Paragraph 1 of the Amendment entered into February 4t", 2008, pertaining to the Term in Section 1, is amended as follows: As of the effective date of this Amendment, the term is extended for five (5) years commencing June 18t", 2010. By mutual agreement, the term of this Amendment may be extended by two (2) additional consecutive one-year (1) periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The City has the right to extend by providing written notice to Redflex not less than 30 days prior to the last day of the renewal term. Even after termination of the instant contract, either through expiration of the term or invocation of the termination clause, Redflex will continue to provide the City with evidence packages and prosecutorial support for any violations captured by the red light camera equipment up to the date of termination of the contract. 2. PARAGRAPH 3 -INSTALLATION is amended as follows: With respect to the number of Designated Intersection Approaches mentioned in the first sentence of Paragraph 3 -Installations, the number of approaches is modified to include an additional twenty (20) approaches for a total of up to forty (40) approaches. The installation of such additional approaches, or research of the same by the City, is not required, and is at the sole discretion of the City. Redflex will provide site surveys for proposed approaches to the City at no charge at the request of the City. All other aspects of this paragraph are to remain unchanged. Section J below is now added as follows: 25K-3