25E - AGMT - STORM DRAIN CLEANING

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FIRST AMENDMENT TO CONTRACTOR AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between United Storm Water, Inc., a California corporation ("Contractor") 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 ("City"). RECITALS: A. The parties entered into that certain Agreement # A2012-105, dated June 4, 2012, (hereinafter ,,said Agreement") by which Contractor has provided emergency spill response to prevent discharges from entering the storm drain, and scheduled storm drain cleaning services. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise the first option to renew said Agreement for a one year term, and to increase compensation to provide funding for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be amended to increase compensation by $250,000.00, to pay for the services during the extended term. Said section shall read in full as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $250,000.00, annually, during the term of this Agreement." 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for up to three additional one-year terms, at the option of the City Manager." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 4 25E-78