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SECOND AMENDMENT TO LANDSCAPE <br />AND MAINTENANCE AGREEMENT <br />THIS SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE <br />AGREEMENT made and entered into this 17'h day of February, 2015, by and between <br />Landscape West Management Services, Inc., a California corporation dba Palo Verde <br />Landscape Management Co. ( "Contractor ") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ( "City "), <br />RECITALS: <br />A. The parties entered into that certain Landscape and Maintenance Agreement A -2014 -014, <br />dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided <br />park landscape maintenance services for Santa Ana Parks, District I covering eight (8) <br />City properties. <br />B. On January 20, 2015, the parties amended the Compensation and Term clauses of said <br />Agreement on a short-term basis in order to complete the Request for Proposals ( "UP ") <br />process. <br />C. The City issued an RFP for landscape maintenance services on October 15, 2014, The <br />proposals received were all rejected due to excessive cost estimates, <br />D. The parties now wish to amend the Scope of Services, and the Compensation and Term <br />clauses of said Agreement in order to analyze the situation and district boundaries and <br />complete the Request for Proposals process again. <br />E, The parties are also amending to comply with the new legal requirements of Senate Bill <br />7. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this Second <br />Amendment to Agreement, the parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended and updated to include the services <br />set forth in Exhibit A, attached hereto and incorporated herein by reference. Deviations <br />from the original Scope of Services included in said Agreement for District I are set forth <br />in Exhibit A -1, attached hereto and incorporated herein by reference. <br />2. Section 3, COMPENSATION, shall be amended and updated to include the following: <br />e. City agrees to pay, and Contractor, agrees to accept as total payment for its services <br />covering District 1, compensation in the amount of $284,900.00, which includes a 1.0% <br />contingency for unanticipated work needed, for the term of February 1, 2015 through <br />January 31, 2016. <br />25A -5 <br />