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FIRST AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES <br />AGREEMENT WITH MIDORI GARDENS (DISTRICT A) <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into this 19th day of September 2017, <br />by and between Midori Gardens, Inc. ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California ("City"), <br />RECITALS <br />A. On June 21, 2016, the City entered into Agreement #A-2016-151 with Contractor to <br />provide landscape maintenance services in District A (the Civic Center and Stadium) for the <br />term of July 1, 2016 through June 30, 2018. <br />B. In accordance with the terms and conditions of the Agreement, the parties desire to amend <br />the Scope of Services and the Compensation amount of the Agreement to reflect additional <br />Civic Center daily maintenance services consisting of emptying trash bins daily at the <br />Library and Plaza of the Flags, pressure washing the Plaza of the Flags parking garage twice <br />a week, and emptying trash cans in the Plaza of the Flags parking garage twice a week <br />THE PARTIES THEREFORE AGREE: <br />1. Section 1, SCOPE OF SERVICES, shall be amended to include additional services <br />listed in the attached Proposal # 12332, described and set forth as Exhibit A-1 attached <br />hereto, and incorporated by reference to this Agreement. <br />2. Section 2, COMPENSATION, shall be amended to increase the annual sum, as detailed <br />in Exhibit A-1, to be expended under this agreement for the new landscape maintenance <br />service by $74,133.60 consisting of an increase in the annual amount of the Agreement of <br />$64,464 and an increase in the annual contingency of the Agreement by $9,669.60. The <br />amended annual compensation reflected in the Agreement will not exceed $329,739.60 <br />during the term of this Agreement. This annual amount is comprised of (1) to sum of <br />$286,729 and (2) a 15% contingency of up to $43,009.60 for services as may be <br />performed by the Contractor at the sole discretion of the City. Therefore, the total amount <br />of the Agreement, including any optional renewals, shall not exceed $1,226,289. <br />Except as hereinabove modified, the terms and conditions of said Agreement remain <br />unchanged and in full force and effect. <br />--signature page to follow -- <br />Page 1 of <br />