(8)AR 060209 AGRMT Criterion Automation, Inc. (First Amendment)

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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND CRITERION AUTOMATION 1. PARTIES AND DATE. AP C1 , 11 DDt.r �v Item This First Amendment to the Professional Services Agreement ("First Amendment") is made and entered into this 3rd day of June, 2009 by and between the City of Colton ("City") and Criterion Automation, Inc. ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this First Amendment. 2. RECITALS. 2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 1, 2008 ("Agreement"), whereby Consultant agreed to provide Design and Support services for the Supervisory Data and Acquisition System. 2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to: (1) increase the total amount of compensation for the ongoing City -Wide SCADA System Upgrade/retrofit in an amount not -to -exceed $20,000, and (2) extend the term of the agreement through June 30, 2010. 3. TERMS. 3.1 Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following: "3.1.2. Term. The term of this Agreement shall be for the period July 1, 2008 through June 30, 2010, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines." 3.1 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following: "3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty -Five Thousand Dollars and Zero Cents ($55,000) without written approval of the City Council. Extra Work may be