25F - AGMT - DT GENERAL MAINTENANCE SRVS

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EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 2, 2012, by and between Orange County Contractors Services dba Orange County Mailboxes and Construction, a sole ownership entity ("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 N-2010-037, dated April 12, 2010, (hereinafter "said Agreement") by which Contractor has provided general construction maintenance services. B. Said Agreement was amended on April 18, 2011, to extend the term and add compensation to pay for general construction services during the 2011-2012 fiscal year. C. In accordance with the terms and conditions of said Agreement, the parties again desire to amend said Agreement to extend the term and increase compensation to pay for the provisions of services during the extended term. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: a. Downtown Santa Ana maintenance services shall be charged on a time and material basis. The hourly rate of $60.00 shall cover costs, including labor, overhead, travel, mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of material and concrete, etc. Special materials will be purchased by the Contractor only on authorization of the City Project Manager. Such special materials shall be charged at cost plus 10%. Compensation for downtown Santa Ana maintenance services shall not exceed $25,000, during the 2012/2013 fiscal year. Compensation for Public Works maintenance services shall be as agreed per Job Proposal prepared by Contractor and accepted by City. Total compensation shall not exceed $30,000 during the 2012/2013 fiscal year. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 2. Section 3 TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on April 12, 2010 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 12, below. The term may be extended for one additional one-year term upon the agreement of the parties." 25F-3