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INSURANCE NUT ON FILE <br />WORK MAY 0 PROCEED <br />CLERK OF COUNCIL <br />DATE:jAN 2 2 2013 <br />ps. PSA` <� <br />jt'vr� 5°►^�'' FIRST <br />THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 18, <br />2018, by and between MarketingPower, Inc. dba Energy Retrofit Co, ("Contractor's, and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />A. The parties entered into Agreement No. A-2018-206, dated September 4, 2018, by which <br />Contractor agreed to provide and install advanced energy-efficient lighting fixtures and <br />controls at the City of Santa Ana Police Department Administration Building <br />("Agreement"). <br />B. The Agreement remains in effect through December 28, 2018, and the parties now wish to <br />amend the Agreement to extend the term of the Agreement and increase the maximum . <br />expenditure under the Agreement due to a change in the selection of fixtures, as described on <br />Exhibit A. <br />The Parties therefore agree - <br />1. Section 2.a., Compensation, is amended to increase the total sum to be expended under the <br />Agreement from $656,847 to $702,382. <br />2. Section 3, Term, is amended to extend the term of the Agreement through January 31, 2019. <br />3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall <br />remain in full force and effect. <br />W WITNESS WHEREOF, the parties hereto have executed this First Amendment to the <br />Agreement on the date and year firstwr' "'Fe. <br />MARIA D. HUIZAR / PAUL GODINEZ 11 <br />Clerk of the Council City Manager <br />APPROVED AS TO FORM <br />SONIA R. CARVALHO <br />City Attorney <br />n 29 <br />By: UAIr ... Phv. <br />J(VN M. FUNK <br />Assistant City Attorney <br />CONTRACTOR <br />Name: Chris Kirchwehm <br />Title: president <br />- signatures continue on next page - <br />Page t oft <br />A-2018-304 <br />