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<br /><C@~w <br /> <br />SECOND AMENDMENT TO AGREEMENT <br /> <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 7, <br />2008, by and between Pacific Coast Cabling, a California corporation ("Contractor") and <br />the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("C ity"). <br /> <br />RECITALS: <br /> <br />A. The parties entered into Agreement A-2004-189, dated September 20, 2004, <br />(hereinafter "said Agreement") by which Contractor has provided cabling installation <br />services on an as-needed basis for Information Technology services in the City of <br />Santa Ana. <br /> <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />extend the term of said Agreement for an additional one-year term. <br /> <br />WHEREFORE, in consideration ofthe covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Agreement, the parties agree as follows: <br /> <br />1. Section 2, COMPENSA nON, shall be deleted in its entirety and replaced with the <br />following: <br /> <br />"City agrees to pay and Contractor agrees to accept as total payment for its services, <br />the rates and charges set forth in Exhibit B-1, to the First Amendment to Agreement. <br />THERE IS NO GUARANTEE AS TO THE NUMBER OF TIMES THE <br />CONTRACTOR WILL BE USED NOR AS TO THE DOLLAR AMOUNT SPENT <br />ON SAID AGREEMENT. In no event will the total amount expended pursuant to <br />said Agreement exceed $150,000, annually, during the term. of said Agreement." <br /> <br />2. Section 3, TERM, shall be extended for an additional one-year term, through <br />September 31,2009. <br /> <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />250-3 <br />