PACIFIC SYSTEMS ELECTRIC 2B - 2010

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►r. - ON FILE p A-2009-104-01 f✓LkFiK C) il�'�� SECOND AMENDMENT TO AGREEMENT OCT 2 1 2010 QJ THIS AMENDMENT, made and entered into this 29h day of July, 2010, by and between Pacific Systems Electric ("Contractor") and the City of Santa Ana ("City"), collectively referred to herein as "the Parties". Z RECITALS: A. The Parties entered into Agreement #N-2008-108, dated August 18, 2008, referred to as "said 1 N Agreement", for inspection and preventive maintenance of underground fuel storage tanks. oB. By Amendment to Agreement A-2009-104, dated July 6, 2009, Contractor agreed to provide vnecessary repairs discovered during Secondary containment Testing, and to provide (31 a preventative maintenance and inspection services for an additional one-year period. . y z C. The Parties wish to continue the inspection program for an additional one-year term and provide t J funds for necessary repairs during that term. WHEREFORE, in consideration of the mutual and respective covenants and promises herein contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: 1. Section 2.a, "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 annual compliance testing and repair/ replacement services, the rates and charges identified in Exhibit A, attached hereto and incorporated by reference. The maximum amount available for annual compliance testing and repairs shall not exceed $25,000.00, to continue the monthly and annual inspections through August 31, 2011, and provide a contingency for unanticipated repairs required during the extended term. " 2. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through August 31, 2011. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.