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~~6URANCE P~~,.::~ ON FILE <br />WORiEMAY~ i~ROCEED <br />CLERK OF COUNCIL <br />DATE: <br />FIFTH AMENDMENT TO AGREEMENT <br />A-2007-228 <br />THIS FIFTH AMENDMENT, made and entered into this 15` day of October, 2007, by and between <br />Pacific Systems Electric ("Contractor") and the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the State of California <br />("City"), collectively referred to herein as "the Parties". <br />RECITALS: <br />A. The Parties entered into Agreement #A-2004-239, dated November 15, 2004, hereinafter <br />referred to as "said Agreement", for inspection and preventive maintenance of underground fuel <br />storage tanks. <br />B. The most recent inspection identified problems that require repair. Additionally, the Parties <br />wish to continue the inspection program for an additional one-year teen and provide funds <br />should additional repairs be required during that term. <br />C. The Parties agree to increase the Compensation to provide for required repairs, and for <br />continued inspection and repairs to underground tanks in order that they remain in <br />compliance with AQMD standards during the term of this Agreement. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br />Section 1, SCOPE OF SERVICES, shall be amended to replace Exhibit A, with a new Proposal, <br />dated August 10, 2007, attached hereto as Exhibit A-1 and incorporated to said Agreement by <br />this reference. The Parties additionally agree that those repairs set forth in Attachment 1 hereto, <br />shall be performed by Contractor at the rates and charges set forth in Contractor's Proposal. <br />2. 2.a, COMPENSATION, is hereby amended to increase the compensation $76,000.00, which <br />includes $12,000.00 to continue the monthly and annual inspections through August 31, 2008, <br />$34,000.00 to pay for repairs already identified and set forth in Attachment 1, and $30,000.00 which <br />may be utilized for unanticipated repairs required during the extended term of said Agreement. <br />3. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through <br />August 31, 2008. <br />4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and <br />in full force and effect. <br />// <br />// <br />