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V0QMAYE9fOCEOPIRES <br />L�NTILINSURANCEEX <br />8 <br />OLERKOF COUNCIL <br />Svcs. <br />p'TPar0.'��"Pk~ (�% <br />,rs <br />Cap' <br />AMENDMENT TO AGREEMENT <br />A-2007-139-01 <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 6, 2007, <br />between MERCHANTS LANDSCAPE, INC., a California corporation (hereinafter "Contractor") <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into Agreement A-2007-139 dated June 18, 2007, hereinafter referred to as <br />"said Agreement" by which Contractor provides high level park landscape maintenance. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to include <br />the amount provided for contingencies in the total contract amount, to pay for services during <br />the term of the agreement. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2.a., COMPENSATION, shall be amended to add the ten percent contingency of <br />$31,455.00, into the total contract amount, as follows: <br />"a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A-1. The total sum to be expended under this <br />Agreement, including a ten percent contingency amount, shall not exceed $346,004.00 <br />during the term of this agreement. <br />2. Except as herein amended, all terms and conditions of said Agreement shall remain in full <br />force and effect. <br />