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FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Bell Building Maintenance, Inc., a California corporation ("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-2009-113, dated August 3, 2009, (hereinafter "said Agreement") by which Contractor has provided janitorial maintenance services at Santa Ana City Hall, Ross Annex and Corporate Yard. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for the first of three optional extension periods, and add compensation to pay for services during the extended period. 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: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended for janitorial services and supplies pursuant to this Amendment shall not exceed $228,160,000, plus an eight percent (8%) contingency for unanticipated services. The total amount to be expended during the extended one-year term of said Agreement shall not exceed $248,000." 2. Section 3, TERM, shall be amended to reflect the parties' option to exercise the first one-year extension of the term. Said section shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence on September 1, 2009, and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for two (2) additional one-year periods, upon the mutual agreement of the parties." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25K-5