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9p A-2020-243-03 <br />ti� I <br />1* <br />0,- V W CUYI �II�) VA <br />THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December <br />I, 2020, by and between T.E. Roberts, Inc. ("Contractor"), and the Citv of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California ("City"). <br />RECITALS <br />A. The parties entered into Agreement No. A-2019-142-03, dated August 20, 2019, by which <br />Contractor agreed to provide on -call emergency water and sewer system repair services for <br />the City's Public Works Agency (`Agreement'). The terns of the Agreement is for three <br />years, and the Agreement remains in effect through August 19, 2022, with provision for <br />extension. <br />B. On May 5, 2020, the parties entered into First Amendment to Agreement No. A-2020-091-03 <br />to increase the shared aggregate amount to be expended under the Agreement and the two <br />related agreements for the same services. <br />C. The parties now wish to amend the Agreement to further increase the shared aggregate <br />amount to be expended under the Agreement and two related agreements <br />The Parties therefore agree: <br />1, Section 2.a, Compensation. is amended to read in its entirety: <br />"City neither warrants nor guarantees any minimum or maximum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for actual services performed under this <br />Agreement at the rates and charges identified in Exhibit B. Contractor is one of three <br />contractors selected to provide services on an as -needed basis under RFP No. 19-032. The <br />annual compensation for services provided by all contractors selected under RFP No. 19-032 <br />shall not exceed the shared aggregate amount of $1,200,000 during the term of this agreement, <br />including any extension periods." <br />2. Except as modified by this Second Amendment, and all prior amendments, all terms and <br />conditions of the Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the <br />Agreement on the date and year first written above, <br />a <br />aisy Gomez <br />y <br />•of the Council <br />CITY OF SANTA ANA <br />Kristine Ridge <br />City Manager <br />Page I of 2 <br />