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A-2009-006 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL {NSUR~N,CE E`PIR~S~ <br />CLERK OF COUN;~!i. -~ <br />,,,T~. SECOND AMENDMENT TO GREEMENT <br />~ f~^ 2 o zuu~ <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 5, <br />2009, by and between Otis Elevator Company, a wholly owned subsidiary of United <br />Technologies Corporation ("Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Contractor Agreement A-2007-043, dated <br />January 2, 2007, (hereinafter "said Agreement") by which Contractor has provided <br />elevator repair and maintenance services for the City of Santa Ana Police <br />Administration and Holding Facility <br />B. The Parties wish to amend the Scope of Services to provide for extraordinary <br />maintenance and repair service and increase compensation to pay for services during <br />the term from January 1, 2009 through December 31, 2009. <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 />Second Amendment to Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with <br />the following: <br />"Contractor shall perform elevator maintenance and service, as set forth in City's <br />Request for Proposals to Provide Elevator Maintenance Services for the City of Santa <br />Ana Police Administration and Holding Facility, on file in the Santa Ana Building <br />Maintenance Department, and Contractor's response, attached to said Agreement as <br />Exhibit A. Additionally, the Executive Director of Finance and Management <br />Services may authorize additional extraordinary maintenance and repair services, in <br />writing, based on a written proposal submitted by Contractor." <br />2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A, attached to said Agreement. <br />Additionally, City agrees to pay, and Contractor agrees to accept, as total payment for <br />the services set forth therein, the rates and charges set forth in Contractor's Proposal <br />#CMD 12308, attached hereto as Exhibit A-1. The total sum to be expended under <br />this Agreement shall not exceed $83,000.00, during the term commencing January 1, <br />