HomeMy WebLinkAboutDMS FACILITY SERVICES, LLC (4)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
1 d ,1,2v23 _
CLERK OF COUNCIL
DATE.
A-2023-005
THIRD AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE
J A N 2 4 2023 SERVICES FOR CITY OF SANTA ANA PARKS
B: NA(s) THIS THIRD AMENDMENT TO AGREEMENT FOR LANDSCAPE
(j-o1&A)(AV) MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARKS is made and entered into
a this 17th Day of January 2023, by and between DMS Facility Services, LLC, a California
Limited Liability Company ("Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. City and Contractor entered into an Agreement dated January 21, 2020,
Agreement # A-2020-001, to provide landscape maintenance services for City
parks ("said Agreement").
B. City and Contractor entered into a First Amendment to Agreement dated August
31, 2020, Agreement # A-2020-001-01, to use CARES Act Funds to provide
disinfection services for designated City facilities at City parks and the Civic
Center.
C. City and Contractor entered into a Second Amendment to Agreement dated
October 9, 2020, Agreement # A-2020-001-02,to use CARES Act Funds to
provide disinfection services for designated City parks playground and exercise
equipment,
E. In accordance with the terms and conditions of said Agreement, the Parties desire
to amend Section 2 — Compensation, to increase the maximum amount of
Compensation for said Agreement to increase staffing related to vandalism of
City park irrigation systems.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
Section 2, Compensation, shall be amended to increase the maximum amount of
compensation by Five Hundred Forty -Five Thousand, Eight Hundred Dollars and
Zero Cents ($545,800.00) for increased staffing, to be billed according to the
proposed fees identified in Exhibit A to this Third Amendment, attached hereto
and incorporated by reference. This sum is comprised of (1) the base amount of
$454,800 and (2) a contingency in the amount of $100,000 for additional services
at the City's sole discretion. The new total sum to be expended under said
Agreement shall not exceed Sixteen Million, Thirty -Eight Thousand Three
Hundred Ninety -Six Dollars and Zero Cents ($16,038,396.00) during the
remaining term of said Agreement.
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2. Except as modified by this Third Amendment, all terms and conditions of the
Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment to Agreement for
Landscape Maintenance Services for City of Santa Ana Parks the date and year first above
written.
ATTEST:
5
Norma Orozco t/
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
B:
Bra Zon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
- 4-J3.1 /7' ^
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge�
City Manager
CONTRACTOR
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General Manager
DMS Facility Services, LLC
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