25B - AGMT - LANDSCAPE MAINTENANCE SRVS

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SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Vista del Verde Landscape, Inc., a California corporation (hereinafter "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-2012-113, dated June 4, 2012, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District 3. B. The current Agreement is scheduled to terminate on June 30, 2013. Contractor's proposal to extend this Agreement under a new reduced scope was not acceptable. A Request for Proposal will be released for District 3. C. To allow City time to release an RFP, Contractor has agreed to provide landscape maintenance services to District 3 pursuant to the Agreement through January 31, 2014. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "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 B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed Three Hundred Seventy-Two Thousand Four Hundred Fifty-Three Dollars and Sixty- Nine Cents ($372,453.69), plus a ten percent (10%) contingency for unanticipated and emergency work, for a total not to exceed Four Hundred Nine Thousand Six Hundred Ninety- Nine Dollars and Six Cents ($409,699.06) during the term of this Agreement." 2. Section 4, TERM, shall be delete in its entirety and replaced with the following: "The Agreement shall commence on July 1, 2013 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The Agreement is made pending the issuance of a Request for Proposals (RFP) and may not be renewed by either party." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// 25B-3