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FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 17, 2008, <br />by and between PDS Technical Services, a California corporation ("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 that certain Agreement A-2005-, dated November 7, 2005, <br />(hereinafter "said Agreement") by which Consultant has provided on-call technical and <br />engineering labor services. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to continue <br />providing services pursuant to said Agreement and to increase the compensation to pay for <br />the services provided. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br />following: <br />"a. Consultant shall provide temporary engineering and technical services on an on- <br />call basis for the Santa Ana Public Works Agency. Said service shall be provided at <br />the written request of the Executive Director of the Public Works Agency." <br />2. Section 2, COMPENSATION, shall be amended to increase compensation by 150,000.00 to <br />pay for services, at the rates and charges set forth in Exhibit A to said Agreement, during the <br />extended term. The total amount to be expended pursuant to said Agreement shall not to <br />exceed $300,000.00. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />// <br />// <br />// <br />25K-3 <br />