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I <br />N <br />V <br />• T <br />A-2009-104 -02 <br />'N;SUHANCE NOT ON FILE <br />NORK MAY No r pF OCEEC� THIRD AMENDMENT TO AGREEMENT <br />)1&�ERK OF OLNCIL <br />ATE -1—z7_11 °d <br />THIS AMENDMENT, made and entered into this 2 day of August, 2011, by and between <br />Pacific Systems Electric ("Contractor") and the City of Santa Ana ("City"), collectively referred to <br />herein as "the Parties". <br />RFCTTAT.C- <br />A. The Parties entered into Agreement #N-2008-108, dated August 18, 2008, referred to as "said <br />Agreement", for inspection and preventive maintenance of underground fuel storage tanks. <br />B. By Amendment to Agreement, Contractor agreed to provide necessary repairs discovered <br />during secondary containment testing, and to continue provide preventative maintenance and <br />inspection services. <br />C. The Parties wish to continue the inspection program for an additional one-year term and provide <br />funds for necessary repairs during that term. <br />WHEREFORE, in consideration of the mutual and respective covenants and promises <br />herein contained and made, and subject to all of the terms and conditions of said Agreement as <br />hereby amended, the parties agree as follows: <br />1. Section 2.a, "Compensation", is deleted in its entirety and replaced with the following: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its UST <br />compliance inspections, testing, and repairs the rates and charges set forth in Exhibit A, <br />attached hereto and incorporated by reference. The maximum amount available for annual <br />compliance inspection, testing and repairs shall not exceed $25,000.00, to continue the <br />monthly and annual inspections through August 31, 2012, and provide a contingency for <br />unanticipated repairs required during the extended term." <br />2. Section 3, TERM, shall be amended to extend the term for an additional one-year period, <br />through August 31, 2012. <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged <br />and in full force and effect. <br />