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Item 15 - Amendments with Ocean Blue Environmental Services, Inc., & United Storm Water, Inc.
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Item 15 - Amendments with Ocean Blue Environmental Services, Inc., & United Storm Water, Inc.
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4/9/2024 11:19:48 AM
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Agenda Packet
Agency
Clerk of the Council
Item #
15
Date
10/5/2021
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EXHIBIT I <br />FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL <br />RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY <br />MAINTENANCE SERVICES <br />THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 5, <br />2021, by and between Ocean Blue Environmental Services, Inc. ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. A-2021-097-01, dated June 15, 2021, by which <br />Consultant agreed to provide spill response, hazardous waste disposal, and storm drain <br />facility maintenance services ("Agreement"). The term of the Agreement is for three years <br />(with one two-year option exercisable by the City), and the Agreement remains in effect. <br />B. The primary purpose of the Agreement is for spill response, hazardous waste disposal, and <br />storm drain facility maintenance services, though the Consultant represents it is able and <br />willing to provide COVID-19 Sanitization Services to assist the City in controlling the <br />spread of COVID-19 and variants. <br />C. The parties now wish to amend the scope of services to provide further COVID-19 <br />Sanitization Services, and to adjust the amount to be expended under the Agreement using <br />funds provided under the American Rescue Plan Act ("ARPA"). <br />D. ARPA was signed into law in March 2021. ARPA provides funding for a number of <br />different programs, including the Coronavirus State and Local Fiscal Recovery Fund <br />("SURF"), to provide monetary support to local governments to respond to, mitigate, and <br />recover from the COVID-19 public health emergency. <br />E. The scope of services provided by Consultant is an allowable use under the SURF because <br />it addresses public health risks related to homelessness and exacerbated by the pandemic, and <br />because it improves conditions in areas of the City used primarily by underserved <br />communities and/or in qualified census tracts. <br />The Parties therefore agree: <br />1. Section 1, Scope of Services, is amended to include COVID-19 Sanitization Services, as <br />further described in Exhibit A, attached hereto and incorporated herein by reference. <br />2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the <br />Agreement from $350,000 to $600,000 for the one-year term ending on June 30, 2022. As the <br />recipient of ARPA SURF funds, Consultant will be required to comply with any and all <br />compliance requirements for the use of SURE funds, any and all reporting requirements for <br />expenditures of SURF funds, as well as compliance with 2 CFR 200.332 regarding pass - <br />through entities. <br />Page 1 of 2 <br />
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