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FIFTH AMENDMENT TO AGREEMENT <br />THIS FIFTH AMENDMENT TO AGREEMENT is entered into on October 18, <br />2010, by and between Graffiti Tracker, Inc., a California corporation ("Consultant") and <br />the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("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 analysis and <br />tracking services. <br />B. In order to continue to provide graffiti analysis and access to the GAITS system, and <br />in accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the Term of said Agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Fifth Amendment to Consultant Agreement, the parties agree as follows: <br />1. Section 4, "Term of Agreement", shall be amended to extend the termination date <br />from September 30, 2010 to December 31, 2010. <br />2. Section 5, 'Compensation", shall be amended to provide that during the extended <br />term of said Agreement Contractor shall provide services for a set fee of $8,000.00 <br />per month, for total compensation of $24,000 during the extended term. <br />3. Except as herein amended, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement <br />as of the date first written above. <br />ATTEST: <br />By: <br />CITY OF SANTA ANA <br />Maria D. Huizar By: <br />City Clerk David N. Ream <br />City Manager <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />GRAFFITI TRACKER, INC. <br />By: <br />Timothy M. Kephart <br />President <br />Exhibit 1 <br />25E-3