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INSURANCE ON FILE <br />woRK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: q-6-13 <br />FIRST AMENDMENT TO CONTRACTOR AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 15, 2013, by and <br />between Ocean Blue Environmental Services, Inc., a California corporation ( "Contractor ") and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ( "City "). <br />RECITALS: <br />A. The parties entered into that certain Agreement # A2012 -106, dated June 4, 2012, (hereinafter <br />"said Agreement ") by which Contractor has provided emergency spill response to prevent <br />discharges from entering the storm drain, and scheduled storm drain cleaning services. <br />B. In accordance with the terns and conditions of said Agreement, the City desires to exercise <br />the first option to renew said Agreement for a one year term, to increase compensation to <br />provide funding for services during the extended term, and to authorize the City Manager to <br />exercise the additional options to extend. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terns and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, <br />annually, to pay for the services during the extended term. Said section shall read in full as <br />follows: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement <br />as Exhibit B. The total suet to be expended under this Agreement shall not exceed <br />$250,000.00, annually, during the term of this Agreement." <br />2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: <br />"This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless <br />terminated earlier in accordance with Section 13, below. The term of this Agreement <br />may be extended for up to three additional one -year terms, at the option of the City <br />Manager." <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />111 <br />A- 2013415 <br />