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FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014, <br />by and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ( "City "). <br />RECITALS: <br />A. The parties entered into Agreement A- 2013 -137, dated September 3, 2013, (hereinafter "said <br />Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />Scope of Services to include additional streetlights that will be replaced with LED streetlight <br />luminaries and to increase compensation to pay for the additional luminaries provided. <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 First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights <br />purchased by a total of 60. The section shall read in full as follows: <br />"Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa <br />Ana, California, 414 new LED post top retrofit streetlights which conform to the <br />specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said <br />Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for <br />photometric conformance and power consumption. In addition, Vendor shall provide a <br />five (5) year warranty for any and all materials, supplies, labor and equipment provided <br />pursuant to this Agreement. <br />If additional funding is secured, City retains the option to purchase additional streetlights <br />at the unit price set forth in Vendor's Proposal." <br />2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"The City agrees to pay, and Vendor agrees to accept as total payment for said <br />streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight <br />delivered and successfully tested. The total sum to be expended wider this Agreement <br />shall not exceed $147,000 during the term of this Agreement." <br />3. ,Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />/// Exhibit ` '1 <br />251 -3 <br />