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INSURANCE ON FILE N-2009-1327002 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />9-aa-iz <br />CLERK OF COUNCIL <br />@ATE3 <br />PW.at 0:1) <br />APR 1 `z 2012 SECOND AMENDMENT TO AGREEMENT <br />O'- <br />R�Ad-/ THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 1, 2012, <br />JROSCAA by and between Servando Varela dba XV Solutions, a sole proprietorship ("Consultant") and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement N-2009-132, dated October 15, 2009, <br />(hereinafter "said Agreement") by which Consultant has provided server maintenance <br />services for the City's Water Resources enterprise database servers_ <br />g_ In order to provide continuous, uninterrupted service, and in accordance with the terms and <br />conditions of said Agreement, the parties wish to extend the term of said Agreement and add <br />compensation to pay for services provided during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this Second Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"a. City agrees to pay, and Consultant agrees to accept as total payment for <br />its services, the rates and charges identified in Exhibit A, attached hereto and <br />incorporated by this reference. The total sum to be expended under this Agreement <br />shall not exceed $25,000.00, annually, during the term of this Agreement." <br />2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: <br />"The term of this Agreement shall commence on October 15, 2009 and terminate on <br />February 28, 2013. The terms and conditions of said Agreement may be extended for <br />one (1) additional one-year term at the option of the City." <br />3_ Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />/// <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />