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<br /> <br /> <br /> <br /> <br /> <br /> FIRST AMENDMENT TO AGREEMENT <br /> THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and <br /> between DMS Facility Services, LLC, a California limited liability company ("Contractor") and <br /> the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California ("City"). <br /> <br /> RECITALS: <br /> <br /> A. The parties entered into that certain Agreement A-2011-148, dated June 6, 2011, (hereinafter <br /> "said Agreement") by which Contractor has provided park landscape maintenance services <br /> for Santa Ana Parks District 1. <br /> B. The parties wish to amend said Agreement to extend the term for an additional nineteen <br /> months, and provide compensation for services provided during the extended term. <br /> <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 /> <br /> 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as <br /> set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps <br /> included therein. Said RFP is on file at the Parks, Recreation and Community Services <br /> administrative offices, and incorporated to said Agreement by reference. The parties agree <br /> that District 2 shall be expanded to include the property at 312 N. Bush and the Santiago Bike <br /> Trail, as depicted in maps attached hereto as Attachments 1 and 2. Contractor shall <br /> specifically comply with the Specification for Routine Maintenance, as amended by <br /> Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A-1 <br /> and A-2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as <br /> Exhibit B." <br /> 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> '`a. City agrees to pay, and Contractor agrees to accept as total payment for its services a <br /> monthly fee of $30,333.26, which represents the rates set forth in Contractor's proposal <br /> increased by a 1.5% CPI. The total sum to be expended under this Agreement shall not <br /> exceed Six Hundred Thirty-Three, Nine Hundred Sixty-Five dollars ($633,965.00), which <br /> includes a ten percent (10%) contingency for unanticipated work, during the 19 month term <br /> from July 1, 2012 through January 31, 2014. <br /> 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: <br /> <br /> "This Agreement shall commence on July 1, 2011 and terminate on January 31, 2014 unless <br /> terminated earlier in accordance with Section 13, below. The City may terminate this <br /> Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any <br /> <br /> <br /> <br /> 251-8 <br />