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EXHIBIT 1 <br />FIFTH AMENDMENT TO AGREEMENT <br />FOR TREE MAINTENANCE SERVICES <br />THIS AMENDMENT, made and entered into this 18`h day of June, 2012 by and between WEST <br />COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa <br />Ana, a charter city and municipal corporation duly organized and existing under the Constitution <br />and laws of the State of California, hereinafter referred to as "CITY". <br />RECITALS <br />The CITY and CONTRACTOR entered into that certain "Agreement for Tree <br />Maintenance Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said <br />Agreement," by which CONTRACTOR has provided tree maintenance services for the <br />City's Urban Forest. <br />By Amendments dated July 7, 2008, June 1, 2009, June 21, 2010, and August 1, 2011 the <br />Parties agreed to adjust the unit pricing for tree trimming and extend the term of said <br />Agreement. <br />3. The parties hereto desire to again amend said Agreement to extend the term for three <br />additional one-year periods and allocate funds to pay for services during the extended <br />term. <br />WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and <br />subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: <br />A. Section 1, TERM, shall be amended to extend the term for an additional three-year period, <br />through June 30, 2015. <br />B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended <br />to increase total compensation by Seven Hundred Sixty-Five Thousand Dollars ($765,000.00) <br />annually, to pay for the services rendered in conformance with standards set forth in the <br />Contract Documents. Payment shall be made in accordance with the Schedule of <br />Compensation attached as Exhibit B-1 hereto. If Council fails to appropriate funding for tree <br />maintenance during any annual budget process, City may terminate this Agreement upon <br />thirty day notice to Contractor. <br />C. Except as herein amended, all terms and conditions of said Agreement shall remain in full <br />force and effect. <br /> <br /> <br /> <br />25B-3