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<br /> <br /> <br /> EXHIBIT 1 <br /> <br /> <br /> FOURTH AMENDMENT TO AGREEMENT <br /> FOR TREE MAINTENANCE SERVICES <br /> <br /> THIS AMENDMENT, made and entered into this 18`h day of July, 2011 by and between WEST COAST <br /> ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa Ana, a charter <br /> city and municipal corporation duly organized and existing under the Constitution and laws of the State of <br /> California, hereinafter referred to as "CITY". <br /> <br /> <br /> RECITALS <br /> 1. The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance <br /> Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting <br /> forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. <br /> <br /> 2. By Amendments dated July 7, 2008, June 1, 2009 and June 21, 2010, the Parties agreed to adjust <br /> the unit pricing for tree trimming. <br /> <br /> 3. The parties hereto desire to amend said Agreement, adjusting the unit prices, extending the term <br /> for an additional one-year period and allocating funds to pay for services during the extended <br /> term. <br /> <br /> WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject <br /> to the terms and conditions hereof, the parties hereto do hereby agree as follows: <br /> <br /> A. Section 1, TERM, shall be amended to reflect City's exercise of its option to extend the term for <br /> an additional one-year period, through June 30, 2012. The City retains the option to extend the <br /> term of said Agreement for up to two additional one-year periods. Contractor grants to City an <br /> additional option to extend the term for up to five consecutive one-year periods, through June 30, <br /> 2019. Said option(s) may be exercised in the sole discretion of the City. <br /> B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to <br /> increase total compensation by Seven Hundred Sixty Thousand, Six Hundred Twenty Two <br /> Dollars ($760, 622) to pay for the services rendered in conformance with standards set forth in <br /> the Contract Documents during the period commencing July 1, 2011, through June 30, 2012. <br /> Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B-1 <br /> hereto. <br /> <br /> C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force <br /> and effect. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25A-3 <br />