DIXIE DIESEL AND ELECTRIC INC. (2) -2008

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r. 2008-277-01 INSURANCE ON RILL GVORK MAY PROCEEC UNTIL INSURANCE _ViRF? 10 -A FIRST AMENDMENT TO AGREEMENT CLERK OF COUNCi- nATF --S:M _4?T THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 6, 2009, by and between DIXIE DIESEL & ELECTRIC, INC., a California corporation ("Contractor") and the N City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). r??J RECITALS: d S A. The parties entered into that certain Agreement #A2008-277, dated October 6, 2008, (hereinafter "said Agreement") by which Contractor has provided generator maintenance and - repair in City facilities. C.1 B. Due to a clerical error, the term of said Agreement was incorrectly stated. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to correctly state the agreement of the Parties. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000, annually, during the term of this Agreement." Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on the date first written above and terminate on September 30, 2010, unless terminated earlier in accordance with Section 12, below. The City may renew this Agreement for up to three additional one-year terms at the pricing set forth in Exhibit A." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. ///