AMERICAN CAPITAL ENTERPRISES, INC. 2A -2009

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INSURANCE NQf ON FILE WORK MAY NQi PROCEEE, (� CLERK OF COUNCIL DATE: CAN 2 7 2013 S A- 2009 - 107 -01 FIRST AMENDMENT TO AGREEMENT a2 t),) �P THIS FIRST AMENDMENT TO AGREEMENT is entered into on DAay D-7, 2013, by and between American Capital Enterprises, Inc., a California corporation ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2009 -107 dated July 6, 2009, (hereinafter "said Agreement') by which Consultant has provided collection services in relation to overdue accounts receivable billings B. Agreement A- 2009 -107 was, by its terms, scheduled to terminate on June 30, 2011, but also provided for three one -year period extensions. C. The parties fully intended to exercise the additional one -year extensions, however, due to staff transitions and subsequent unintentional oversight, the parties failed to formally exercise the one -year term extensions as provided in the agreement. D. Despite the absence of a formal extension of Agreement A- 2009 -107, American Capital Enterprises, Inc., has continued to provide services pursuant to the terms of the contract and the City has honored its commitments under the contract as well. E. In accordance with the terms and conditions of said Agreement, the parties wish to confirm the extension of the first and second one -year renewal period of said Agreement, through the end of June 30, 2013 and further seek to extend the agreement for the third and final one -year extension through the end June 30, 2014. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terns and conditions of said Agreement, except those amended in this FIRST Amendment to Agreement, the parties agree as follows: Section 3, TERM, shall be amended to reflect that the term of the original agreement has been extended by the parties for three (3) additional one -year periods, ending June 30, 2014. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this FIRST Amendment to Agreement on the date and year first written above.