25H - AGMT - LANDSCAPE MAINT SRVS

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FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on February 22, 2011, by and between Merchants Landscape Services, Inc., a California corporation ( "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- 2009 -053, dated May 18, 2009, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services. B. Said Agreement has been amended by the parties on October 5, 2009, November 16, 2009 and July 1, 2010, to add park sites and City facilities for which Contractor is responsible for landscape maintenance, and to extend the term of said maintenance. C. In order to provide uninterrupted park maintenance services at additional park sites and public facilities within the city, the parties wish to amend the Scope of Services, add compensation to pay for the additional services and provide for an extension of the term of said Agreement to allow City the ability to complete the bid process for landscape maintenance services. 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 Fourth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, including the Santa Ana Stadium and Civic Center but excluding El Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27, 2009, incorporated by reference to said Agreement, the Specification for Routine Maintenance, attached to said Agreement as Exhibit A, as amended by the parties, and Contractor's Proposal dated April 6, 2009, attached to said Agreement as Exhibit B. Said maintenance includes the baseball /softball diamond maintenance, which Contractor has subcontracted to Major League Softball. b. Contractor shall provide landscape maintenance for bike trails and facilities located throughout the City, as set forth in Exhibit A -1, in conformance with the specifications set forth in Exhibit A -2. Both exhibits are attached hereto and incorporated by reference." 2. Section 2, COMPENSATION, shall be amended to increase compensation by $75,048.00, to pay for the additional services at a monthly rate of $18,762.00 plus a contingency of $5,000.00 for unanticipated work which may be required during the extended term. If the 25H -77