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A -2014 -026 <br />WORK MAY ON OGEt <br />WANK MAY PROCEED <br />UN'TII NSURANCC EXPIRES SECOND AMENDMENT TO AGREEMENT <br />� <br />.__ <br />CLERK OF /-1q II HIS SECOND AMENDMENT TO AGREEMENT is en y� <br />entered into on Januar 22 <br />pA1`E: i -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 />9) corporation organized and existing under the Constitution and laws of the State of <br />California ( "City "). <br />1 RECITALS: <br />A. The parties entered into that certain Agreement A -2011 -148, dated June 6, 2011, <br />.r (hereinafter "said Agreement ") by which Contractor has provided park landscape <br />- y maintenance services for Santa Ana Parks District 1. <br />B. Said Agreement was for a tern 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 Tenn 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 maps 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 />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 <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 />