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\N <br />k) <br />INSURANOE ON ME <br />WORK MAY PROCEED <br />UNTIL INSU NCE EXPI ES <br />CLERK OF COUNCIL <br />/ SATE' R Z-I " \ t FOURTH AMENDMENT TO AGREEMENT <br />FOR ON -CALL SERVICES <br />THIS FOURTH AMENDMENT TO AGREEMENT is entered into on August <br />24, 2011, by and between Doty Bros. Equipment Co., ("Contractor"), and the City of <br />Santa Ana ("City"). <br />RECITALS: <br />A-2008-:13-004 <br />A. The parties entered into that certain Agreement A-2008-213, dated August 18, 2008, <br />(hereinafter "said Agreement") by which Contractor has provided on -call emergency <br />water and sewer services. <br />B. Said Agreement has previously been amended to replace the fee schedule. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term of said Agreement and amend the fee schedule for the provision of <br />such services during the 2011-2012 fiscal year. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Fourth Amendment to Agreement, the parties agree as follows: <br />Pursuant to Section 2.a, TERM OF AGREEMENT, the City hereby exercises its right <br />to extend the term for an additional two-year period, through August 31, 2013. <br />2. Pursuant to Section 6.b., COMPENSATION AND PAYMENT, the City accepts <br />Contractor's proposed changes to the rates and charges as set forth in Contractor's <br />Schedule of Cost Plus Rates effective July 1, 2011 to June 30, 2012. Commencing <br />August 1, 2011, City agrees to pay and Contractor shall provide services at the rates <br />and charges set forth in Exhibit B-1, attached hereto. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />