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115URANOE: 10'! '­)N <br />WORK MAY DI PROCEE' -' <br />CLERK)' l!N'E - <br />FIRST AMENDMENT TO AGREEMENT <br />A- 2009 - 113 -01 <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and <br />between Bell Building Maintenance, Inc., a California corporation ( "Contractor") and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ( "City "). <br />RECITALS: <br />A. The parties entered into that certain Agreement A- 2009 -113, dated August 3, 2009, <br />(hereinafter "said Agreement ") by which Contractor has provided janitorial maintenance <br />services at Santa Ana City Hall, Ross Annex and Corporate Yard. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the <br />term for the first of three optional extension periods, and add compensation to pay for <br />services during the extended period. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A to said Agreement. The total sum to be <br />expended for janitorial services and supplies pursuant to this Amendment shall not <br />exceed $228,160. 00, plus an eight percent (8 %) contingency for unanticipated services. <br />The total amount to be expended during the extended one -year term of said Agreement <br />shall not exceed $248,000." <br />2. Section 3, TERM, shall be amended to reflect the parties' option to exercise the first one -year <br />extension of the term. Said section shall be deleted in its entirety and replaced with the <br />following: <br />"The term of this Agreement shall commence on September 1, 2009, and terminate on <br />June 30, 2012, unless terminated earlier in accordance with Section 12, below. This <br />Agreement may be extended for two (2) additional one -year periods, upon the mutual <br />agreement of the parties." <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />/// <br />%// <br />