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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 16, 2012, by <br />and between Commercial Cleaning Systems, Inc., a California corporation ("Contractor") and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The City and Pacific Building Care, Inc. entered into that certain Agreement A-2009-112, <br />dated August 3, 2009, (hereinafter "said Agreement") by which Contractor has provided <br />janitorial maintenance services at the Santa Ana Regional Transportation Center (SARTC) <br />and various City park centers. <br />B. By Amendment, the parties amended said Agreement to extend the term and increased the <br />Scope to include additional park sites which will be maintained pursuant to said Agreement. <br />C. Effective August 15, 2011, Pacific Building Care, Inc., changed its name to Commercial <br />Cleaning Systems, Inc. <br />D. In accordance with the terms and conditions of said Agreement, the City desires to exercise <br />its second of three options to extend the term, and add compensation to pay for services <br />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 Third 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 />1. At the Santa Ana Regional Transportation Center, the rates and charges identified <br />in Exhibit A-1, attached hereto and incorporated by this reference. The total sum <br />to be expended for janitorial services and supplies at SARTC shall not exceed <br />$146,000.00, during the extended one-year term of said Agreement. <br />2. At the Park Centers, the rates and charges identified in Exhibit A-2, attached <br />hereto and incorporated by this reference. The amount expended for janitorial <br />services and supplies at the Park Centers shall not exceed $203,000.00. <br />3. The City shall have a contingency fund of up to $14,000, to pay for unanticipated <br />services provided during the extended term. The total amount to be expended <br />during the extended one-year term of said Agreement shall not exceed <br />$363,000.00." <br />2. Section 3, TERM, shall be amended to reflect the parties' option to exercise the second one- <br />year extension of the term. Said section shall be deleted in its entirety and replaced with the <br />following: <br />25C-3