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<br />A-2005-127 <br /> <br />..~' r <br />INSUR"NCE tl.QJ ON FILE. <br />WORK MAY @l PROCEt.D <br />CLERK OF COUNCIL <br />D"lE: OCT 1 9 Z005 <br /> <br />o pvJ 11 (;() <br />(f .s.JWcd\ <br /> <br />FIRST AMENDMENT TO <br />CONSULTANT AGREEMENT <br /> <br />THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into <br />on ~r;J ~Jr:: &,) , 2005, by and between IllI Group, a California corporation <br />("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of California ("City"). <br /> <br />Recitals: <br /> <br />A. The parties entered into Agreement A-2003-172A, dated September 22, 2003, <br />(hereinafter "said Agreement") by which Consultant has provided on-call traffic <br />engineering services. <br /> <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term of said Agreement for an additional one-year term and increase <br />compensation to pay for services during the extended term. <br /> <br />Wherefore, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this First <br />Amendment to Consultant Agreement, the parties agree as follows: <br /> <br />Section 2.a., COMPENSATION, shall be increased by $175,000.00 to pay for <br />services during the extended term of said Agreement. The total compensation to be <br />expended shall not exceed $525,000.00 during the term of said Agreement. <br /> <br />I. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br /> <br />"This Agreement shall commence on August 4,2003 and terminate on June 30, 2006, <br />unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the <br />Public Works Agency and the City Attorney." <br /> <br />2. A new Section 17, DELIVERY OF WORK PRODUCT, shall be added to read as <br />follows: <br /> <br />"DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City all work-product resulting from the services <br />provided. Said work product shall be provided to City in a hard copy and produced in a <br />form compatible with City's computer system, as agreed between the Project Manager <br />and Consultant. <br /> <br />Regarding any copyrightable material, including but not limited to books, reports, <br />plans, photographs, drawings, and computer programs, which are produced as part or <br />