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SECOND AMENDMENT <br />TO CUSTODIAL SERVICES AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into this day <br />of , by and between Able Building Maintenance Company, a California <br />corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2008-006 dated January 7, 2008, (hereinafter "said <br />Agreement") by which Contractor has provided janitorial services for the Santa Ana <br />Police Department and Detention Facilities. <br />B. In accordance with the intent of the parties and the terms and conditions of said <br />Agreement, the parties wish to extend the term for an additional one-year period and to <br />increase compensation to pay for services. <br />NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all <br />the terms and conditions of said Agreement, except as herein modified, the parties agree as <br />follows: <br />1. Section 2a, COMPENSATION, shall be amended to read: <br />"a. City agrees to pay and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit B. The total sum to be expended <br />under this Agreement shall not exceed an annual amount of $356,236.84 during the <br />extended term of December 1, 2010 through December 1, 2011. Invoices shall be <br />submitted by Contractor for payment on a monthly basis." <br />2. Section 3, TERM, shall be extended for an additional one-year period to December 1, <br />2011. Services provided by Contractor since December 1, 2010, shall be included within <br />the Scope of Services of this Agreement. <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Agreement the day and year first above written. <br />251-2