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<br /> <br /> <br /> <br /> <br /> <br /> SECOND AMENDMENT TO AGREEMENT <br /> THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 4, 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 /> <br /> RECITALS: <br /> <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 /> B. The Parties amended said agreement on January 17, 2012, to allow Contractor to provide <br /> services in another Park District on a temporary basis while the City bid those services for a <br /> long term contract. <br /> <br /> C. The parties wish to amend said Agreement to remove the additional Park District 3 from the <br /> Scope of Services, extend the term for an additional nineteen months, and provide <br /> compensation during the extended term. <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 Second Amendment to <br /> Agreement, the parties agree as follows: <br /> <br /> <br /> 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the <br /> following: <br /> <br /> "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1, as <br /> set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps <br /> included therein. Said RFP is on file at the Parks, Recreation and Community Services <br /> administrative offices, and incorporated to said Agreement by reference. The parties agree <br /> that District 1 shall be expanded to include Fairview Triangle and 17th Street Triangle parks, <br /> as depicted in maps attached hereto as Attachments 1 and 2. Contractor shall specifically <br /> comply with the Specification for Routine Maintenance, as amended by Addendum 1 and <br /> Addendum 2, attached respectively to said Agreement as Exhibits A, A-1 and A-2, and <br /> Contractor's Proposal dated April 12 2011, attached to said Agreement as 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 a <br /> monthly fee of $21,156.00, which represents the rates set forth in Contractor's proposal <br /> increased by a 1.5% CPI. 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 this Agreement shall not exceed Four Hundred Forty-Two <br /> Thousand, One Hundred Fifty-Three dollars ($442,153.00), which includes a ten percent <br /> (10%) contingency for unanticipated work, during the 19 month term from July 1, 2012 <br /> through January 31, 2014. <br /> <br /> <br /> <br /> 251-5 <br />