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SECOND AMENDMENT TO AGREEMENT TO DEVELOP <br />COST PROJECTIONS FOR AN ORGANICS DIVERSION PROGRAM <br /> <br />THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 15, <br />2021, by and between EcoNomics, Inc. (“Consultant”), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (“City”). <br />RECITALS <br />A. The parties entered into Agreement No. N-2019-080, dated April 1, 2018, by which <br />Consultant agreed to develop cost projections for an organics diversion program compliant <br />with state law (“Agreement”). The term of the Agreement ran through June 30, 2020. <br />B. On June 16, 2020, the Parties entered into a First Amendment to the Agreement to increase the <br />scope of services, include additional compensation due to the increased services, and extend <br />the term of the Agreement until June 30, 2021. The Agreement is current and in effect. <br />C. The parties now wish to further amend the Agreement to expand the scope of work, increase <br />the amount to be expended under the Agreement, and extend the term of the Agreement. <br />The Parties therefore agree: <br />1. Section 1, Scope of Services, is further amended to include the additional services that are <br />described on Exhibit A to this Second Amendment. <br />2. Section 2.a, Compensation, is amended in its entirety to increase the total sum to be expended <br />under the term of the Agreement, as amended, by $119,988 per the rates and fees attached here <br />to as Exhibit A to the Second Amendment. The sum of this amount is comprised of (1) the <br />base sum of $99,990; and (2) a 20% contingency of $19,998 for additional services provided <br />at the City’s sole discretion. The total amount to be expended under the term of this <br />Agreement, including any extension period, shall not exceed $209,952. <br />3. Section 3, Term, is amended in its entirety to increase the term through June 30, 2022, with <br />the option for the parties to extend the term for an additional one (1) year period. <br />4. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as <br />amended, shall remain in full force and effect. <br /> <br /> <br /> <br /> <br /> <br />[signature page to follow] <br /> <br /> <br /> <br /> <br /> <br /> <br />EXHIBIT 1