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which includes a ten percent (10 %) contingency for unanticipated work, during the <br />extended one -year term from February 1, 2014 through January 31, 2015. <br />3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: <br />"This Agreement shall commence on February 1, 2014 and terminate on January 31, <br />2015 tmless terminated earlier in accordance with Section 13, below. The City may <br />terminate this Agreement if the Santa Ana City Council fails to approve funding for <br />the Agreement for any fiscal year covered herein. This Agreement may be renewed <br />for up to two (2) additional one -year terms on the mutual agreement of the parties. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to <br />Agreement on the date and year first written above. <br />ATTEST: <br />Maria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA CARVALHO <br />City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />David Cavazos <br />City Manager <br />"CONTRACTOR" <br />DMS FACILITY SERVICES, LLC <br />FRED GONZALES <br />Vice President <br />2 <br />25C -4 <br />