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18-0515_WEST COAST ARBORISTS, INC._Maintenance Services Agreement 1st AmdAMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. 1. Parties and Date. This Amendment No. 1 to the Maintenance Service Agreement is made and entered into as of this 15th day of May, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and West Coast Arborists, Inc., a California Corporation, with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92806 "Contractor". City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled "Maintenance Service Agreement" dated May 3, 2016, ("Agreement') for the purpose of retaining the services of Contractor to provide tree maintenance and related professional services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the term for an additional two-year term beginning July 1, 2018, and ending June 30, 2020, and to increase the not -to -exceed compensation amount to $270,000 per fiscal year. The new term will continue with new rates of compensation adjusted and increased by 2.65% based on the All Urban Consumer Price Index (AU -CPI). All other terms and conditions will remain the same as noted in the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections 3.1.2, 3.3.1 and 3.5.9 of the Agreement. 3. Terms. 3.1 Renewal Term. The City hereby exercises its option to extend the Agreement for one (1) additional two (2) year term commencing on July 1, 2018 and expiring on June 30, 2020 ("First Renewal Term"), unless earlier terminated or further extended pursuant to the terms of the Agreement. Page 1 of 4 3.2 Renewal 'Perm Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered during the Renewal Term at the rates set forth in Exhibit "C -I" attached hereto and incorporated herein by this reference. The total compensation shall not exceed two hundred seventy thousand dollars ($270,000) per fiscal year without written approval of the City Manager. Extra Work may be authorized, and if authorized, will be compensated at the rates and manner set forth in the Agreement as amended by this Amendment No, 1. 3.3 Continuing 1:fFcct of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of 4 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. CITY OF SAN JUAN CAPISTRANO Approved By: � i I City Man er , Date A C(M Mwig Morrii,Uty Clerk Approved As To Form: City Attomey WEST ARBORISTS, INC. Si ature Patrick Mahoney Name President Title 5/22/18 Date Page 3 of 4 61147 021001310572982 EXHIBIT "C-1" FIRST RENEWAL TERM RATES Item No. Description Al Grid tree pruning 0" to 6" DSH - EACH A2 Grid tree pruning 7" to 12" DSH - EACH A3 Grid tree pruning 13" to 18" DSH - EACH A4 Grid tree pruning 19" to 24" DSH - EACH A5 Grid tree pruning 25" to 30" DSH - EACH A6 Grid tree pruning 31" and over DSH - EACH A7 Tree removal and stump grinding - PER INCH DHS A8 Strump grinding only - PER DIAMETER INCH A9 Tree removal only - PER INCH DHS Scheduled Work Crew (3 staff, aerial unit, box truck, chipper, chain saws, misc. equipment) Regular business hours, service request pruning, A10 extraordinary tree & stump removal - PER HOUR Emergency Response Crew (3 staff, aerial unit, box truck, chipper, chain saws, misc. equipment) After business hours, weekends & city holidays - All PER HOUR Bid Item Price 10.27 65.70 65.70 65.70 65.70 65.70 29.77 7.19 22.58 Units 100 100 100 100 100 25 N/A N/A N/A $ 200.17 N/A $ 261.76 N/A Annual Total $ 1,027.00 $ 6,570.00 $ 6,570.00 $ 6,570.00 $ 6,570.00 $ 1,642.50 Page 4 of 4