25C - 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 Midori Gardens, 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-2011-151) dated June 6, 2011, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District A (Civic Center). B. Contractor has also been performing landscape maintenance for District 4 pursuant to the terms of the First Amendment to Agreement (#A-2012-114) dated June 4, 2012, while the City sought competitive bids to provide those services for an extended term. Contractor has agreed to provide such maintenance for District 4 through June 30, 2013. C. The City has received proposals in response to its Request for Proposals that was issued on May 15, 2013. Such proposals are being reviewed and evaluated, and the award for the landscaping maintenance agreement for District 4 is scheduled for City Council approval in July. D. The parties wish to amend said Agreement to extend the term of said Agreement as to District A for one year, and as to District 4, extend the term for one month and to provide compensation for such services provided during these extended terms. WHEREFORE, in consideration of the covenants contained in said Agreement as amended, and subject to alf 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 C, and incorporated by reference. (i) The total sum to be expended under said Agreement for District A shall not exceed Two Hundred Fifty-Three Thousand Three Hundred Sixty-Seven Dollars and Twenty Eight Cents ($253,367.28) during the one year extended term of the Agreement. Said total expenditure includes Two Hundred Twenty-Two Thousand Two Hundred Fifty- Two Dollars ($222,252.00) plus a fourteen percent (14%) contingency of $31,115.28 for unanticipated work required in District A. (ii) The total sum to be expended sum to be expended under said Agreement for District 4 shall not exceed Sixty-Five Thousand Twenty Four Dollars and Thirty Cents ($65,024.30) during the one month extended term of the Agreement. Said total expenditure includes Fifty-Nine Thousand One Hundred Thirteen Dollars ($59,113.00) 25C-3