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FIRST AMENDMENT TO AGREEMENT WITH MGT OF AMERICA CONSULTING, LLC, TO <br />PROVIDE INDIRECT COST ANALYSIS, RATE PROPOSAL, AND COST ALLOCATION <br />PLAN <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21 st day of December 2021, by and <br />between MGT of America Consulting, LLC, a Florida limited liability company ("Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California ("City"). Consultant and City are also referred to herein <br />as "Parties" or individually as a "Party." <br />RECITALS <br />A. On September 21, 2021, the City entered into Agreement No. N-2021-202 ("Agreement") with <br />MGT of America Consulting, LLC, a Florida limited liability company, to provide indirect cost <br />analysis, rate proposal, and cost allocation planning for two (2) years. <br />B. The parties desire to amend the scope and compensation terms of the Agreement. <br />THE PARTIES THEREFORE AGREE: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to read as follows: <br />Consultant shall perform the services described in the scope of work that was included in RFP No. <br />18-023 as well as an updated scope, including specifically an indirect costs rate proposal for Fund 86 <br />for Fiscal Years ("FY") 2013-2014, 2015-2016, 2016-2017, 2017-2018, 2019-2020, and 2020-2021; <br />Fund 86 indirect cost rate revisions for FY 2014-2015 and 2018-2019; an internal service fund full cost <br />analysis and cost allocation for Fund 101 for FY 2013-2014, 2015-2016, 2016-2017, 2017-2018, 2019- <br />2020, and 2020-2021; and an internal service fund full cost analysis and cost allocation revisions for <br />FY 2014-2015 and 2018-2019. If requested by City, Consultant will assist with submission of rate <br />proposal and cost allocation plan to federal and/or state agencies. Exhibit A, attached hereto and <br />incorporated herein, is the original scope of work for RFP No. 18-023 and Exhibit B-1, attached hereto <br />and incorporated herein, is an updated scope of work showing the additional services to be provided. <br />2. Section 2, COMPENSATION, shall be amended to read as follows: <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B and Exhibit B-1. <br />The total sum authorized under the term of this Agreement, including any extension <br />periods, shall not exceed two hundred fifty thousand dollars and zero cents ($250,000). <br />This amount includes (1) a base sum of $200,000 and (2) a twenty-five (25) percent <br />contingency in the amount of $50,000. <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full force and effect. <br />[signatures on next page] <br />Pagel of 2 <br />