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FOURTH AMENDMENT TO AGREEMENT <br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July 15, 2013, by <br />and between CPC POWERTEC, INC., 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-2010-012, dated February 1, 2010, <br />(hereinafter "said Agreement") by which Consultant has provided plan and specification <br />review and assistance in preparation of City water projects. <br />B. By Amendment to Agreement, the parties extended the term and provided compensation to <br />pay for services during the extended term. <br />C. The parties wish to again amend said Agreement to extend the term and provide <br />compensation to pay for services during the extended term. <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 Fourth Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />an hourly rate of $115.00. The total sum to be expended under this Agreement shall <br />not exceed $60,000.00, per fiscal year, during the term of this Agreement." <br />2. Section 3, TERM, shall be amended to renew the term for an additional two-year period, <br />through June 30, 2015. <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 />Exhibit 1 <br />25D-3