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SECOND AMENDMENT TO AGREEMENT <br />THIS SECOND AMENDMENT TO AGREEMENT is entered into on January_, <br />2014, by and between DMS Facility Services, LLC, a California limited liability <br />company ( "Contractor ") and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of <br />California ( "City "). <br />RECITALS: <br />A. The parties entered into that certain Agreement A- 2011 -148, dated June 6, 2011, <br />(hereinafter "said Agreement ") by which Contractor has provided park landscape <br />maintenance services for Santa Ana Parks District 1. <br />B. Said Agreement was for a term of one -year, with four additional one -year renewal <br />terms, and the parties amended said Agreement on June 4, 2012 to extend the Term <br />thereof. <br />C. The parties wish to amend said Agreement to extend the Term for an additional one- <br />year term and provide compensation for services provided during this extended term. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />Second Amendment to Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with <br />the following: <br />"Contractor shall perform landscape maintenance services for Santa Ana Parks, <br />District 2, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, <br />2011, and the reaps included therein. Said RFP is on file at the Parks, Recreation and <br />Community Services administrative offices, and incorporated to said Agreement by <br />reference. The parties agree that District 2 shall include the sites listed on the Routine <br />Maintenance Report, attached to said Agreement as Exhibit B. Contractor shall <br />specifically comply with the Specification for Routine Maintenance, attached to said <br />Agreement as Exhibit A." <br />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 <br />services a monthly fee of $27,208.90, which represents the rates set forth in <br />Contractor's proposal with a decrease from the previous agreement. The total sum to <br />be expended under this Agreement shall not exceed Three Hundred Fifty -Nine <br />Thousand One Hundred Fifty -Seven Dollars and Forty -Seven Cents ($359,157.47), <br />25C -3 <br />