AMTECH ELEVATOR SERVICE ( NAES ACQUISITION CORP ) 1D-2009

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INSURANCE NOT ON FILE A-2006-118-004 WORK MAY tm PROCEED CLERK OF COUNctL FOURTH AMENDMENT TO AGREEMENT nATE: q-15-OVf ~\. THIS FOURTH AMENDMENT, made and entered into this] 3th day of August, 2009, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and NAES Acquisition Corp, dba Amtech Elevator Services, a California corporation ("Contractor"). RECITALS < (!of\ f,- ,rJ ~ ~.,- ~.5 ~d -' ~ cJ A. The City and Contractor entered into Agreement, A-2006-118, dated May 15th 2006, hereinafter referred to as "said Agreement", by which Contractor has provided maintenance, service and repair of elevators located within City facilities. B. By amendments dated May 29, 2007, May 2, 2008 and April 1, 2009, the parties extended the term of said Agreement and added compensation to pay for services during the extended term. C. The parties now desire to amend the Scope of Services to provide that Contractor will provide service for the elevators at the Santa Ana Regional Transportation Center. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: I. Section 1, SCOPE OF SERVICES, is deleted in its entirety and replaced with the following: "Contractor shall provide preventative maintenance and repair for elevators located in City facilities, including City Hall and the Ross Annex, Library, Corporate Yard and the Santa Ana Zoo, as set forth in City's Request for Proposal dated February 27, 2006, incorporated by reference, and Contractors Proposal dated March 31, 2006, attached as Exhibit A to said Agreement. Commencing August 14,2009, Contractor shall provide preventative maintenance and repair for the elevators located at the Santa Ana Regional Transportation Center (Depot) as set forth in Contractor's Proposal dated April 7, 2009, attached hereto as Exhibit A, 1 and incorporated by reference." 2. Section 2.8, COMPENSATION, is deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibits A and A-I. The total sum to be expended under this Agreement shall not exceed $30,816.00, annually, during the term ofthis Agreement. 3. Except as modified herein, the terms and conditions of said Agreement remain unchanged and in full force and effect. III III III