25E - AGMT - DEVELOPMENT AND PROJECT MANAGEMENT

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EXHIBIT 1 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this _ day of August, 2013, by and between Rosenow Spevacek Group, Inc., a California Corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City entered into a Consultant Agreement with Consultant dated March 1, 2011 (Agreement 4N-2011-073) to retain a professional firm having special skill and knowledge in the field of development consulting and project management. B. The parties desire to amend said Agreement to increase the contract amount, revise the fee schedule, and modify the scope of work. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 1 of the Agreement, "Scope of Services", shall be amended to modify the Scope of Work as set forth in the amended Scope of Services and Proposal from Consultant dated , 2013, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3 of the Agreement, "Compensation", shall be amended to include an additional Fifty Thousand Dollars ($50,000.00) for a total not to exceed amount of Seventy Five Thousand Dollars ($75,000.00). 3. Section 4 of the Agreement, "Independent Contractor", shall be amended to add the following clause: "Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PERS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov. Code §21220 (c), relating to a public employer's obligations." 4. All other terms and conditions included in said Agreement shall have the same force and effect and remain unchanged. 25E-3