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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. Page I of 2 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 &za�5� d General Manager DMS Facility Services, LLC Page 2 of 2