25A - AGMT - JANITORIAL MAINT SRVS AT SAPD

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FIFTH AMENDMENT TO CUSTODIAL SERVICES AGREEMENT This FIFTH AMENDMENT TO AGREEMENT is entered into this 20th day of May 2013, by and between Able Building Maintenance Company, 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 Agreement A-2008-006 dated January 7, 2008, (hereinafter "said Agreement") by which Contractor has provided janitorial services for the Santa Ana Police Department and Detention Facilities for a three year term with the option for two additional one year term extensions. B. On April 6, 2009, the parties entered into the First Amendment of the Agreement #2008- 006-01 which extended the term of the Agreement for one year until December 1, 2010 and decreased the number of janitors provided under the contract by one janitor per shift starting March 15, 2009. The First Amendment also increased the annual compensation to an amount not to exceed $363,000 for services provided during the extended term. C. On January 5, 2011, the parties entered into the Second Amendment of the Agreement #A-2011-017 which extended the term of the Agreement for one year until December 1, 2011 and increased the compensation to an amount not to exceed $356,236.84 for services provided during the extended term. D. On March 20, 2012, the parties entered into the Third Amendment of the Agreement #A- 2012-009 which extended the term of the Agreement for one year until December 1, 2012 and increased the compensation to $370,000 for services provided during the extended term. The Third Amendment also amended the scope of the Agreement to reduce 3.5 hours of nightly service effective May 1, 2012. E. On December 3, 2012, the parties entered into the Fourth Amendment of the Agreement #A-2012-244 which extended the term of the Agreement for six months until May 1, 2013 and increased the compensation to $185,000 for services provided during this extended term. F. In accordance with the intent of the parties and the terms and conditions of said Agreement, the parties wish to extend the term for an additional one month period and to increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 25A-87