FULL PACKET_2009-09-21 - Laserfiche WebLink

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FIRST AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into on September 21, 2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement #A- 2008 -260, dated September 2, 2008, (hereinafter "said Agreement ") by which Contractor has provided high -level landscape maintenance for the Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. B. The parties now wish to amend said Agreement to extend the term for an additional one -year period and provide the identical compensation to pay for the identical services to be performed during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 2.a., COMPENSATION shall be amended as of October 1, 2009 to read as follows: a. City agrees to pay, and Contractor agrees to accept as total payment for its services during the Extended Term, the rates and charges identified in Exhibit A. The total charged for monthly routine maintenance during any month of the Extended Term shall be $8,560.00. An additional $10,000.00 contingency shall available for unanticipated expenses during the Extended Term, which shall be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or designated representative. The total sum to be expended under this First Amendment to Agreement shall not exceed $112,720.00 during the Extended Term. 2. Section 3, TERM, shall be extended for an additional one -year period, commencing October 1, 2009 and terminating at midnight on September 30, 2010, unless terminated earlier in accordance with Section 12 of the Agreement (herein referred to as the "Extended Term "). 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3