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FIRST AMENDMENT TO AGREEMENT
<br />THIS FIRST AMENDMENT TO AGREEMENT, is entered into on June 2, 2008,
<br />by and between Econolite Traffic Engineering and Maintenance, Inc., a California
<br />corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and
<br />municipal corporation of the State of California ("City").
<br />RECITALS:
<br />A. The parties entered into Agreement #A-2005-200, dated August 1, 2005, (hereinafter
<br />"said Agreement") by which Contractor has provided preventive and extraordinary
<br />maintenance of traffic signal systems, advanced traffic management systems and street
<br />lighting systems.
<br />B. In accordance with the terms and conditions of said Agreement, the parties wish to
<br />increase compensation to provide for extraordinary expenses during the current term
<br />and to extend the term for an additional one-year period.
<br />WHEREFORE, in consideration of the covenants contained in said Agreement, and
<br />subject to all the terms and conditions of said Agreement, except those amended in this
<br />First Amendment to Contractor Agreement, the parties agree as follows:
<br />Section 2.a., COMPENSATION, shall be amended to increase compensation by
<br />$130,000.00 for a total not to exceed amount of $780,000.00 during the term from
<br />September 1, 2007 through August 31, 2008, adopt a new fee schedule effective
<br />September 1, 2008, and allocate funds in the amount of $650,000.00 for the extended
<br />term, as follows:
<br />"a. For those services provided through August 31, 2008, City agrees to pay, and
<br />Contractor agrees to accept as total payment for its services, the rates and charges
<br />identified in Contractor's Fee Proposal, attached to said Agreement as Exhibit B.
<br />For services provided on or after September 1, 2008, the parties agree that the
<br />rates and charges shall be increased five percent (5%) as set forth in Exhibit B-1,
<br />attached hereto. The total sum to be expended under this Agreement shall not
<br />exceed $650,000.00, per fiscal year, during the term of this Agreement.
<br />Notwithstanding the foregoing, an additional $130,000.00, for a total not to
<br />exceed amount of $780,000, shall be allocated to said Agreement for
<br />extraordinary maintenance services during the term from September 1, 2007
<br />through August 31, 2008."
<br />2. Section 3, TERM, shall be amended to extend the term for an additional one-year
<br />period running September 1, 2008 through August 31, 2009.
<br />25M-3
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