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r A-2009-197-02 INSURANCE NOT ON FILE WORK MAY DI PROCEED CLERK OF COUNCIL DATE: 6-J�- 13 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is executed as of March 01, _013, by and between OTIS Elevator Company, a wholly owned subsidiary of United Technologies Corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2009-197, dated December 7, 2009, (hereinafter "said Agreement") by which Contractor has provided elevator maintenance and repair services at the Santa Ana Police Administration and Holding Facility. B. The parties amended said Agreement on October 27, 2011, to increase the compensation and extend the term thereof, terminating on December 31, 2012 (Agreement A-2009-197-01). C. The parties had agreed to extend said Agreement, however, due to clerical error, no documentation was executed. In order to provide continuous uninterrupted service, the parties hereto are executing this amendment to evidence the parties' agreement to continue as of January 1, 2013. D. In accordance with the terms and conditions of said Agreement as amended, the parties wish to exercise the option exercisable by the City Manager, to again extend the term for an additional one-year period and add compensation to pay for such services during said 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 First Amendment to Agreement, the parties agree as follows: I. Section 2, COMPENSATION, shall be amended to increase compensation by $60,880.00, to pay for elevator maintenance and repair services at the rate of $4,240.00 per month during the extended term of said Agreement. An additional $10,000.00 contingency is available for unanticipated repair and/or maintenance at the written request of the Executive Director of Finance and Management Services. 2. Section 3, TERM, shall be amended to read as follows: "This Agreement shall commence on January 1, 2013 and terminate on December 31, 2013, unless terminated earlier in accordance with Section 12, below. 3. Except as hereinabove amended, all terms and conditions of said Agreement as amended shall remain in full force and effect.