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A-2020-001-01 ou iANCE ON FILE VVOAY SEP 1 4 2029 UNTIL MSURANOCE EXPIRES CEED t6,1 as CLERK OF COUNCIL ^ATE w FIRST ANIEI1rYT TO AGREEMENT FOR LANDSCAPE MAINTENANCE \ (S��u10.(,UOvQs) •�' SERVICES FOR CITY OF SANTA ANA PARKS Q-•�V6� (�J THIS FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARKS is made and entered into this 31st day of August, 2020, by and between DMS Facility Services, LLC, a California Limited Liability Company ("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. City and Contractor entered into an Agreement dated January 21, 2020, Agreement # A-2020-001, to provide landscape maintenance services for City parks ("said Agreement"). B. On March 27, 2020, a special allocation of funds was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. C. Contractor has been selected by the City to receive CARES Act Funds in order to provide disinfection services for designated City facilities at City parks and the Civic Center. Contractor represents that it is qualified and willing to provide such services to the City, and certifies that the services provided with funds under this Agreement will meet the CARES Act's objectives to respond to this historic COVID-19 public health crisis. D. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 1 — Scope of Services, to add disinfection services to said Agreement, Section 2 — Compensation, to increase the maximum amount of Compensation for said Agreement, Section 3 — Term, to set the length of the Term for the new services, and Section 16 — Termination, to allow for termination of the new services with forty-eight (48) hour notice. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, Scope of Work, shall be amended to append Exhibit A in said Agreement to add Exhibit 1, Parks Disinfection Areas and Sequence, attached hereto and incorporated herein by reference ("Disinfection Services"). 2. Section 2, Compensation, shall be amendedtoincrease the maximum amount of compensation by Eight Hundred and Twenty -Four Thousand and Ninety -Six Dollars ($824,096.00) for Disinfection Services, to be billed according to the schedule of fees identified in Exhibit 1, such that the total sum to be expended under said Agreement shall not exceed Fifteen Million, Four Hundred and Ten Page 1 of 4