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INSURANCE ON FILE N- 2008 -004 -03 WORK MAY PROCEED UNTIL INSURANCE EXPIRES GL = moo- � -,poi/ CLERK OF COUNCIL DATE: J� 1 S 2�� FOURTH AMENDMENT TO AGREEMENT o: Fes/ C17 C Mo G4; �� _. THIS FOURTH AMENDMENT TO AGREEMENT is entered into on December 10, 2009, by and between Johnson Controls, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement N- 2008 -004 dated November 26, 2007, (hereinafter "said Agreement ") by which Contractor has provided HVAC maintenance and repair services. B. Said Agreement has been amended to include additional equipment, extend the term and add compensation. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to again extend the term and add compensation to pay for services during the extended term. 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 Fourth Amendment to Agreement, the parties agree as follows: 1. Section 1. SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Contractor shall provide parts and repair to the HVAC system at the Police Administration and Detention facility, as set forth in Exhibit A, attached hereto and incorporated by reference. b. Contractor shall provide preventive maintenance services for the York Chiller located at the Santa Ana Regional Transportation Center (SARTC), as set forth in Exhibit A -1, attached hereto and incorporated by this reference. c. Additional services, consultation and training may be provided upon the written authorization of the Executive Director of Finance and Management Services. 2. 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 HVAC preventive maintenance services for the chiller located at SARTC, an annual fee of $3,642.00. Additionally, Contractor shall perform maintenance and repair services on the Police Department and Holding Facility HVAC system at the 1 O% discounted labor rates set forth in Section 7 of Contractor's Proposal, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $25,000.00, annually, during the term o£this Agreement."