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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A- 2009 -193 -� ► ao�c7 - nATF 'l ci� CLERK OF COUNCIL nnTE: AMENDMENT TO AGREEMENT -„ -Q -S V"-v THIS SECOND AMENDMENT TO AGREEMENT is entered into as of November 16, 2009, between MERCHANTS LANDSCAPE SERVICES, INC., a California corporation (hereinafter "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the -er� State of California (hereinafter "City "). s RECITALS: � d A. The parties entered into Agreement A- 2009 -053 dated May 18, 2009, by which Contractor provides certain park and landscape maintenance services at various locations in the City of Santa Ana. B. Said Agreement was amended by the parties to include maintenance for El Salvador Park. The Agreement as amended shall be referred to as "said Agreement ". C. The parties wish to amend the Scope of Services and Compensation as set forth in said Agreement to include park maintenance services at the Santa Ana Stadium and Santa Ana Civic Center. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, and El Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached to said Agreement as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached to said Agreement as Exhibit B. Said maintenance includes the baseball /softball diamond maintenance, which Contractor has subcontracted to Major League Softball. Commencing December 1, 2009, Contractor shall perform landscape maintenance for the Santa Ana Stadium and Civic Center as set forth herein." 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. The total sum to be expended under this Agreement shall not exceed $722,594 for landscape maintenance services in the parks, Stadium and Civic Center, plus a contingency for unanticipated expenses in the amount of $135,645, for a total amount not to exceed $858,239.00, during the term of this Agreement."