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A-2011-185 <br />INSURANCE ON FILE <br />WORK <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />3 /7- 2®/ -2- <br />CLERK <br />CLERK OF COUNCIL FERST AMENDMENT TO AGREEMENT <br />DATE: 7 // <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 201 1, by and <br />Jt between Pacific Building Care, Inc., a California corporation ("Contractor") and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City"). <br />RECITALS: <br />j, A. The parties entered into that certain Agreement A-2009-112, dated August 3, 2009, <br />(hereinafter "said Agreement") by which Contractor has provided janitorial maintenance <br />services at the Santa Ana Regional Transportation Center and various City park centers. <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 />I _ 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 />1. At the Santa Ana Regional Transportation Center, the rates and charges identified <br />in Exhibit A, Attachment H to said Agreement. The total sum to be expended for <br />janitorial services and supplies at SARTC shall not exceed $160,000.00 during <br />the extended one-year term of said Agreement. <br />2. At the Park Centers, the rates and charges identified in Exhibit B to said <br />Agreement. The amount expended for janitorial services and supplies at the Park <br />Centers shall not exceed $184,000, plus an eight percent (80A) contingency for <br />unanticipated services. The total amount to be expended during the extended <br />one-year term of said Agreement shall not exceed $200,000.°' <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 />-4 <br />25K-3 <br />