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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 12. 31. 2otl _ CLERK OF COUNCIL DATE: A-2021-199 6 t7UA (G/► g 1 oakv) (v) FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 5, ry 2021, by and between United Storm Water, Inc. ("Consultant"), and the City of Santa Ana, a o charter city and municipal corporation organized and existing under the Constitution and laws of c14 the State of California ("City"). r RECITALS A. The parties entered into Agreement No. A-2021-097-02, dated June 15, 2021, by which Consultant agreed to provide spill response, hazardous waste disposal, and storm drain facility maintenance services ("Agreement"). The term of the Agreement is for three years (with one two-year option exercisable by the City), and the Agreement remains in effect. B. The primary purpose of the Agreement is for spill response, hazardous waste disposal, and storm drain facility maintenance services, though the Consultant represents it is able and willing to provide COVID-19 Sanitization Services to assist the City in controlling the spread of COVID-19 and variants. C. The parties now wish to amend the scope of services to provide further COVID-19 Sanitization Services, and to adjust the amount to be expended under the Agreement using funds provided under the American Rescue Plan Act ("ARPX ). D. ARPA was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. E. The scope of services provided by Consultant is an allowable use under the SLFRF because it addresses public health risks related to homelessness and exacerbated by the pandemic, and because it improves conditions in areas of the City used primarily by underserved communities and/or in qualified census tracts. The Parties therefore agree: Section 1, Scope of Services, is amended to include COVID-19 Sanitization Services, as further described in Exhibit A attached hereto and incorporated herein by reference. 2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $350,000 to $600,000 for the one-year term ending on June 30, 2022. As the recipient of ARPA SLFRF funds, Consultant will be required to comply with any and all compliance requirements for the use of SLFRF funds, any and all reporting requirements for expenditures of SLFRF funds, as well as compliance with 2 CFR 200.332 regarding pass - through entities. Page 1 of 2