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<br /> <br /> <br /> <br /> <br /> <br /> THIRD AMENDMENT TO AGREEMENT <br /> THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and <br /> between Orange County Contractors Services dba Orange County Mailboxes and Construction, a <br /> sole ownership entity ("Contractor") and the City of Santa Ana, a charter city and municipal <br /> corporation organized and existing under the Constitution and laws of the State of California <br /> ("City"). <br /> <br /> RECITALS: <br /> <br /> A. The parties entered into that certain Agreement N-2010-037, dated April 12, 2010, <br /> (hereinafter "said Agreement") by which Contractor has provided general construction <br /> maintenance services. <br /> B. Said Agreement was amended on April 18, 2011, and again on July 2, 2012, to extend the <br /> term and add compensation to pay for general construction services during the extended term. <br /> <br /> C. In accordance with the terms and conditions of said Agreement, the parties again desire to <br /> amend said Agreement to extend the term and increase compensation to pay for the <br /> provisions of services during the final one-year extension of said agreement. <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 Second Amendment to <br /> Agreement, the parties agree as follows: <br /> <br /> 1. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: <br /> <br /> a. Downtown Santa Ana maintenance services shall be charged on a time and material <br /> basis. The hourly rate of $60.00 shall cover costs, including labor, overhead, travel, <br /> mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires, <br /> disposal of material and concrete, etc. Special materials will be purchased by the <br /> Contractor only on authorization of the City Project Manager. Such special materials <br /> shall be charged at cost plus 10%. Compensation for downtown Santa Ana maintenance <br /> services shall not exceed $25,000, during the 2013/2014 fiscal year. <br /> Compensation for Public Works maintenance services shall be as agreed per Job Proposal <br /> prepared by Contractor and accepted by City. Total compensation shall not exceed <br /> $30,000 during the 2013/2014 fiscal year. <br /> <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br /> evidencing work performed, subject to City accounting procedures. Payment need not be <br /> made for work which fails to meet the standards of performance set forth in the Recitals <br /> which may reasonably be expected by City." <br /> 2. Section 3 TERM, shall be deleted in its entirety and replaced with the following: <br /> <br /> "This Agreement shall commence on April 12, 2010 and terminate on June 30, 2014, <br /> unless terminated earlier in accordance with Section 12, below." <br /> 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br /> full force and effect. <br /> <br /> <br /> <br /> 25C-3 <br />