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INSURA CE ON FILE WORK MAY Y PROCEED A-2022 -196 UNTIL INSURANCE EXPIRES 60 ` CLERK OF COUNCIL DATE: FIRST AMENDMENT TO THE GASOLINE AND DIESEL r ,,*,)FUEL 2- AGREEMENT WITH TACENERGY, LLC THIS FIRST AMENDMENT TO AGREEMENT is entered into this 4`h day of October 2022, by and between TACenergy, LLC ("Consultant'), and the City of Santa Ana, a charter city and municipal r corporation duly organized and existing under the Constitution and laws of the State of California ("City") 0 cue L-- RECITALS A. On December 19, 2017, the City entered into Agreement 4A-2017-347 ("Agreement') with ® Truman Arnold Companies dba TACenergy to provide gasoline and diesel fuel services to the City. B. On July 28, 2022, TACenergy assigned all of its rights and obligation under the Agreement to TACenergy, LLC for the remaining term. C. In accordance withthe terms and conditions ofthe Agreement, the parties desire to amend the compensation and term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation for the extended term in the amount not to exceed $600,000. Therefore, the total amount of the Agreement shall not exceed $5,350,000 to pay for additional gasoline and diesel fuel services during the extended term. 2. Section 3, TERM, shall be amended to extend the term of said Agreement for a one month period from December 31, 2022 to January 31, 2023. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Clerk of the Council CITY OF S ^ANTA ANA KRISTINE RIDGE City Manager [Signatures continued on the following page] Page 1 of