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IIVSURANGE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />iC--i /C <br />CLERK OF COUNCIL <br />DATE: > J AiV ;? Q 20 }}~ <br />Ghiz~ r <br /> <br />SECOND AMENDMENT TO AGREEMENT <br />N-2008-004-02 <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on December <br />10, 2009, by and between Johnson Controls, a California corporation ("Contractor") and <br />the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("City"). <br />RECITALS: <br />A. The parties entered into Agreement N-2008-004 dated November 26, 2007, <br />(hereinafter "said Agreement") by which Contractor has provided HVAC <br />maintenance and repair services. <br />B. Said Agreement has been amended to extend the term and add compensation. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to <br />amend said Agreement to again extend the term and add compensation to pay for <br />services during the extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Agreement, the parties agree as follows: <br />1. Section 1. SCOPE OF SERVICES, shall be deleted in its entirety and replaced with <br />the following: <br />"a. Contractor shall provide parts and repair to the HVAC system at the Police <br />Administration and Detention facility, as set forth in Exhibit A, attached hereto <br />and incorporated by reference. <br />b. Contractor shall provide preventive maintenance services for the York Chiller <br />located. at the Santa Ana Regional Transportation Center (SARTC), as set forth in <br />Exhibit A _, attached hereto and incorporated by this reference. <br />c. Additional services, consultation and training may be provided upon the <br />written authorization of the Executive Director of Finance and Management <br />Services. <br />2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"City agrees to pay, and Contractor agrees to accept as total payment for its services <br />an annual Planned Service Agreement fee of $2,742.00, for the chiller located at <br />SARTC. Additionally, Contractor shall charge the on-call rates identified in Exhibit <br />