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A-2004-073 <br />AMENDMENT TO AGREEMENT <br />THIS AMENDMENT, made and entered into this ?D day of June, 2004, by and between <br />Environmental Engineering and Contracting (EEC Inc.), ("Consultant') and the City of Santa Ana, a <br />charter city and municipal corporation duly organized and existing under the Constitution and laws of <br />the State of California ("City"), collectively referred to herein as "the Parties". <br />C7 <br />T <br />Y Lj <br />UJ f— <br />Y J 0 <br />O <br />C) U <br />RECITALS <br />A. The Parties entered into that certain agreement entitled "CONSULTANT AGREEMENT, <br />CONTRACT NUMBER A-2003-171" dated as of September 3, 2003, hereinafter referred to as <br />"said Agreement", for the preparation of fats, oils, and grease characterization studies; <br />B. The Parties hereto now desire to amend section 1 Scope of Services, section 2 Compensation <br />and section 3 Term of said Agreement in order to provide continuous uninterrupted services to <br />the City under the Agreement. <br />dtgya) WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br />Section 1, Exhibit A, of said Agreement is hereby amended to include the terms set forth in a <br />Proposal Letter from John Shaffer to Ray Burk, dated, March 25, 2004, the terms of which detail <br />assisting the City in the development of a fats, oils, and grease ordinance and program (attached <br />hereto and incorporated into Exhibit A of said Agreement). Said increase of service is considered <br />additional services outside the scope of the contract and must therefore be authorized in writing by <br />the City prior to commencement of such work. <br />Section 2, the "Compensation" term of said Agreement is hereby amended to increase the <br />maximum contract not to exceed amount to $293, 540.00 fee. Said increase of $50,000.00 is <br />considered additional services outside the scope of the contract and must therefore be authorized in <br />writing by the City prior to commencement of such work. <br />3. Section 3, the "Term" term of said Agreement is hereby amended to extend the termination date <br />from September 30, 2004 to June 30, 2005. <br />4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged <br />and in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the <br />date and year first above written. <br />ATT T: <br />PATRICIA E. HEALY <br />Clerk of the Council <br />(Signatures Continued) <br />CITY OF SANTA ANA <br />';AVID N RE <br />City Manager <br />v <br />