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4 <br />J <br /> <br /> <br />A-2012-011 <br />'? - IS .1 Z FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 17, 2012, by <br />and between Master Landscape and Maintenance, Inc., a California corporation ("Contractor") <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement A-2011-147, dated June 6, 2011, (hereinafter <br />"said Agreement") by which Contractor has provided park landscape maintenance services <br />for Santa Ana Parks District 1. <br />y}c' <br />v <br />CJ <br />B. The City requires maintenance of parks in District 3, and Contractor has agreed to provide <br />such maintenance through June 30, 2012. <br />C. The parties wish to amend said Agreement to increase the Scope of Services and <br />compensation to include maintenance of the District 3 parks. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br />following: <br />"Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1 and <br />District 3, as set forth in City's Request for Proposal I 1-004 (RFP), dated March 10, 2011, <br />and the maps included therein. Said RFP is on file at the Parks, Recreation and Community <br />Services administrative offices, and incorporated to this Agreement by reference. Contractor <br />shall specifically comply with the Specification for Routine Maintenance, as amended by <br />Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A-1 <br />and A-2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as <br />Exhibit B." <br />2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the <br />following: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the <br />rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and <br />incorporated by reference. The parties agree that Contractor will charge for Specialized <br />Services, Irrigation Specialist at the rate of $41 per hour rather than $85 per hour. The total <br />sum to be expended under said Agreement shall not exceed four hundred ninety-four <br />thousand, two hundred dollars ($494,200.00) during the term of said Agreement. Said total <br />expenditure includes $244,596.00 plus a ten percent (10%) contingency for unanticipated <br />work required in Park District 1, and $204,676 plus a ten percent (10%) contingency for <br />unanticipated work required in Park District 3."