MIDORI LANDSCAPE, INC. 5A - 2012

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'- . V G?- ter' V fvSURANa l'iv .E 'Y','ORK MAY RROX,;` 0C JNTli_ EXEF i:`: ,LERK OF R FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Midori Gardens, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2011-151, dated June 6, 2011, (hereinafter "said Agreement") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District A. B. The City requires maintenance of parks in District 4 while it seeks competitive bids to provide those services for an extended term, and Contractor has agreed to provide such maintenance through June 30, 2013. C. The parties wish to amend said Agreement to increase the Scope of Services to include an additional park district, extend the term and provide compensation for services provided during the extended term. 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 First 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 A, and District 4, as set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps included therein. However, Contractor will not be responsible under this Agreement for providing landscape maintenance services to the Santa Ana Regional Transportation Center ("SARTC"). Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B. The parties acknowledge that Contractor holds a contract to provide median landscape and SARTC landscape maintenance services which is managed by the Santa Ana Public Works Agency. Contractor agrees that it will provide the Park Landscape Maintenance services that are the subject of this Agreement utilizing supervisors and staff which are separate and independent of staff utilized in the median maintenance services." 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: A-2012-114 "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and