25C - ENVIRONMENTAL IMPACT REPORT CLIMATE ACTION

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FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on March 5, 2012, by and between ICLEI - Local Governments for Sustainability USA, a non-profit organization ("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"). RECITALS: A. The parties entered into Agreement A-2011-245, dated November 7, 2011, (hereinafter "said Agreement") by which Consultant is preparing a Climate Action Plan ("CAP") which will include a Greenhouse Gas ("GHG") Inventory. B. The City desires to analyze the significant effects of the reduction of GHG emissions by preparing a focused Environmental Impact Report ("EIR") in conjunction with the development of the CAP. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide CEQA analysis of the CAP and increase compensation to pay for the additional services provided. 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 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "La. Consultant shall develop a comprehensive greenhouse gas (GHG) inventory for both the Community and Municipal Operations and a Climate Action Plan (CAP) for the City. The CAP will focus on energy efficiency, transportation and land use, planning/building standards, water, and solid waste. The CAP will provide cost-effective, sustainable solutions to reduce the City's environmental footprint. Consultant shall provide all required data to meet the reporting requirements arising from the SCE California Energy Efficiency Strategic Plan Implementation Contract between City and Southern California Edison and perform those services as set forth in Exhibit A, Project Approach and Scope of Work and Exhibit B, Project Schedule, attached to said Agreement and incorporated by reference. I .b. In conjunction with the development of the CAP, Consultant will prepare a focused Environmental Impact Report ("EIR"), to analyze and mitigate significant effects of GHG, as set forth in Exhibit A-1, attached hereto and incorporated by this reference. By doing the analysis required by the California Environmental Quality Act ("CEQA") in conjunction with the CAP, the parties intend that the CAP will guide the City as a plan for the reduction of GHG emissions for future projects." Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services: • pursuant to Section La, above, the deliverable fees identified in Exhibit C to said Agreement, Fee Schedule; 25C-3