SCOTT FAZEKAS AND ASSOCIATES INC. 1a

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INSURANCE ON i I� L A-2008-295-001 WORK MAY PROLECC,' UNTIL INSURANCE EXPIRE , CLERK OF 000N I _ l FIRST AMENDMENT TO AGREEMENT 6' THIS FIRST AMENDMENT TO AGREEMENT is entered into on May 13, 2010, by and between Scott Fazekas & Associates, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the �— Constitution and laws of the State of California ("City"). ct RECITALS: A. The parties entered into Consultant Agreement A-2008-295, dated November 17, 2008, (hereinafter "said Agreement") by which Consultant has provided building plan review services. + B. After the execution of said Agreement, City adopted a new fee structure for building and planning services, including the format and scale of plan review fees. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation structure set forth in said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced by the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, thirty-five percent (35%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants during the term of this Agreement shall not exceed the $120,000.00 aggregate amount approved by City Council on November 17, 2008." 2. Exhibit A, SCOPE OF SERVICES, item 14, shall be amended to read in full as follows: "14. Consultant fee for review services to be 35% of the City of Santa Ana Plan Check Fee." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. ///