25H - AGMT - LANDSCAPE MAINT SRVS

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FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 22, 2011, by and between DMS Facility Services, 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 that certain Agreement A- 2010 -027, dated February 16, 2010, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services. B. In order to provide uninterrupted park maintenance services, the parties wish to extend the term of said Agreement for an additional four month period, and to add compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by 92,040.00, to pay for the additional services at a monthly rate of $21,760.00 plus a contingency of $5,000.00 for unanticipated work which may be required during the extended term. Section 3, TERM, shall be amended to extend the term for a four month period, through July 31, 2011. However, if the City completes its bid process earlier, the City may terminate this agreement effective June 30, 2011. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager DMS FACILITY SERVICES (NAME) (Title) 25H -3