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INSURANCE ON FILE <br />1, WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />`C <br />CLERK OF COUNCIL <br />DATE: <br />� d <br />FOURTH AMENDMENT TO LANDSCAPE <br />MAINTENANCE AGREEMENT <br />A-2015-027-01 <br />THIS FOURTH AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT is entered <br />into this 14TH day of January 2016, by and between DMS Facility Services, LLC, a California limited <br />liability Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly <br />organized and existing under the Constitution and laws of the State of California ('City'. <br />RECITALS <br />A. The parties entered into Landscape Maintenance Agreement No. A-2011-148 ("Agreement") <br />dated June 6, 2011, by which Contractor has provided park landscape maintenance services for <br />Santa Ana Parks District 2. <br />B. The parties have executed three amendments to the Agreement, Nos. A-2012-112, A-2014-026, <br />and A-2015-027, respectively, through which the scope of services, compensation, and term <br />have been amended. <br />C. The current tern of the Agreement is for the period from February 1, 2015 through January 31, <br />2016, and the Agreement remains in effect. <br />D. The parties now wish to further amend the Agreement for the purpose of extending the term of <br />the Agreement for one year and providing for the compensation for such extension. <br />The Parties therefore agree: <br />1. Section 3, COMPENSATION, is amended to include the following: <br />"City agrees to pay, and Contractor agrees to accept as total payment for its services covering <br />District 2, compensation in the amount of $318,331.20, which includes a 10% contingency for <br />unanticipated work needed, for the term of February 1, 2016 through January 31, 2017." <br />2. Section 4, TERM, is amended to extend the term of the Agreement for an additional one (1) <br />year period, from February 1, 2016 to January 31, 2017. <br />3. Except as modified by this Fourth Amendment, and all prior amendments, all terms and <br />conditions of the Agreement remain unchanged and in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement <br />the date and year first above written. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />Fuel <br />i r <br />it, # / <br />Page I of 2 <br />