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A-2011-041 <br />Y W I,�Lc <br />FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 22, 2011, <br />by and between DMS Facility Services, a California corporation ("Contractor") and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement A-2010-027, dated February 16, 2010, <br />(hereinafter "said Agreement") by which Contractor has provided park landscape <br />maintenance services. <br />B. In order to provide uninterrupted park maintenance services, the parties wish to extend the <br />term of said Agreement for an additional four month period, and to add compensation to pay <br />for services during the extended term. <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 First Amendment to <br />Agreement, the parties agree as follows: <br />/ 1. Section 2, COMPENSATION, shall be amended to increase compensation by $92,040.00, to <br />• pay for the additional services at a monthly rate of $21,760.00 plus a contingency of <br />$5,000.00 for unanticipated work which may be required during the extended term. <br />2. Section 3, TERM, shall be amended to extend the term for a four month period, through July <br />31, 2011. However, if the City completes its bid process earlier, the City may terminate this <br />agreement effective June 30, 2011. <br />3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement <br />on the date and year first written above. <br />ATTEST: <br />MARIA D. HUIZARR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH STRAKA <br />Interim City Attorney <br />By: 1 c tC c <br />Laura Sheedy <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />DAVID N. REAM <br />City Manager <br />DMS FACILITY SERVICES <br />(N ME F, n Vic: -1s <br />(Title) �� <br />