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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on October <br />18, 2010, by and between DIXIE DIESEL & ELECTRIC, INC., a California corporation <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the <br />State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement #A2008-277, dated October 6, 2008, <br />(hereinafter "said Agreement") by which Contractor has provided generator <br />maintenance and repair in City facilities. <br />B. In accordance with the terms and conditions of said Agreement, the City desires to <br />exercise its option to renew the Agreement for the first additional one-year term. <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 Service, shall be amended to read, in full, as follows: <br />"Contractor shall perform maintenance and repair services for City's emergency <br />power generators, as set forth in City's Request for Proposals dated June 16, 2008, <br />attached hereto and incorporated by reference." <br />2. Section 2.a., Compensation, shall be amended to allocate $40,000 to pay for required <br />services during the one year renewal period, from October 1, 2010 through September <br />30, 2011. City agrees to pay and Contractor agrees to accept, as full payment for its <br />services, the original rates and charges identified in Contractor's Fee Schedule, <br />attached hereto. Contractor is not imposing a fee increase during the one-year <br />renewal period. <br />3. The City hereby exercises its option to renew said Agreement for a one year term, <br />through September 30, 2011. At the end of the one-year renewal, the City may renew <br />for up to two additional one-year terms at the pricing set forth in the Fee Schedule. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br /> <br />25A-3