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IWARICE'oNFtE WOW MAY PROCEED UKMIWWWaEMPES 6 -/-U 7 CLERKOFCOUNCIL DATE: 7- 3/- 0? o:civA /1Vw-0eppoot (2% (Cardyn Fullerit") THIRD AMENDMENT TO CUSTODIAL MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO CUSTODIAL MAINTENANCE A-2007-128 AGREEMENT is entered into on June 16, 2007, by and between Pacific Building Care, Inc. ("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 A-2005-118, dated June 15, 2005, (hereinafter "said Agreement") by which Contractor has provided custodial services for The Depot at Santa Ana. Said Agreement was amended on August 1, 2006 to amend the Scope of Services and Compensation clauses and later on January 17, 2007 to increase the scope of work. B. In accordance with the terms and conditions of said Agreement, the parties now wish to exercise the first 12-month renewal option. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, any and all Amendments and those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows: "Contractor shall perform those services as set forth in Exhibit A, attached to said Agreement at the rates of compensation as listed on Exhibit A-1 attached hereto." 2. Section 2.a., COMPENSATION, shall be amended to read, in full, as follows: "The total sum to be expended under this Agreement, as agreed by the City and the Contractor, shall not exceed $145,000.00 during the term through June 30`h, 2008." 3. The term of the Agreement shall be from June 16, 2007 through June 30, 2008. 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect.