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17-0806_EUROFINS EATON ANALYTICAL, INC._Personal Services Agreement Amd No. 1 AMENDMENT NO. 1 TO THE PERSONAL SERIVCES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND EUROFINS EATON ANALYTICAL, INC. 1. Parties and Date. This Amendment No. 1 to the Personal Services Agreement between the City of San Juan Capistrano and Eurofins Eaton Analytical (Exhibit 1), is made and entered into as of this 6th day of August, 2017, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Eurofins Eaton Analytical, Inc., a with its principal place of business at 750 Royal Oaks Drive, Suite 100, Monrovia, CA 91016 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled Personal Services Agreement dated August 6, 2013 ("Agreement") for the purpose of retaining the services of Consultant to provide laboratory services for water quality testing and sample collection. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to allow for an additional extension of the term of the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 6 of the Agreement. { 3. Terms. 3.1 Amendment. The second paragraph of Section 1 of the Agreement is hereby amended in its entirety to read as follows: This Agreement shall commence on the effective date and shall terminate one (1), year from the effective date. The City Manager shall be able to approve an extension of this Agreement for four additional one year periods, or any fraction thereof, if agreed upon by both parties. Page 1 of 3 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] ii JI Page 2 of 3 SIGNATURE PAGE FOR AMENDMENT NO. I TO THE PERSONAL SERIVCES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND EUROFINS EATON ANALYTICAL, INC. CITY OF SAN JUAN CAPISTRANO EUROFINS EATON ANALYTICAL, INC. Approved By: / 1 jam S -! =1 ignature City Ma = .er Bosco Ramirez dint"---- • -3._l7 Name Date r, / President e By Title ♦ 7-24-17 aria Morris, I = • Date Approved As To Form. Ci omey • Page 3 of 3