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A- 2012 -112 <br />ri NQ <br />-av� <br />,LERK <br />J <br />(�,'T <br />til <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 />y� 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 />RECITALS: <br />�J <br />A. The parties entered into that certain Agreement A- 2011 -148, dated June 6, 2011, (hereinafter <br />C "said Agreement ") by which Contractor has provided park landscape maintenance services <br />for Santa Ana Parks District 1. <br />c 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 />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 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br />following: <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 />"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 tern <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 />"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 />