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THIRD AMENDMENT TO AGREEMENT <br />THIS THIRD AMENDMENT TO AGREEMENT is entered into this 17ts day of <br />February, 2015, by and between DMS Facility Services, LLC, a California limited <br />liability 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 2. <br />B, The parties amended said Agreement on June 4, 2012 and on January 22, 2014 to <br />extend the Term and add Compensation, <br />C. The City issued an RFP for landscape maintenance services on October 15, 2014. <br />The proposals received were all rejected due to excessive cost estimates. <br />D. The parties now wish to amend the Compensation and Term clauses of said <br />Agreement again in order to analyze the situation and district boundaries and <br />complete the Request for Proposals process again. <br />E. The parties are also amending to comply with the new legal requirements of Senate <br />Bill 7. <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 />Third Amendment to Agreement, the parties agree as follows: <br />Section 3. COMPENSATION, shall be amended and updated to include the <br />following: <br />c. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services covering District 2, compensation in the amount of $318,331.20, which <br />includes a 10% contingency for unanticipated work needed, for the term of February <br />1, 2015 through January 31, 2016. <br />d. Contractor agrees that it shall pay state prevailing wages to its employees <br />performing landscape maintenance services to the City hereunder due to the passage <br />of Senate Bill 7. <br />2. Section 4, TERM, shall be amended to include the following pertaining 10 District 2 <br />landscape maintenance services: <br />25A -9 <br />