17-0718_E. STEWART & ASSOCIATES, INC._Maintenance Services Agreement Amd No. 1 AMENDMENT NO. 1
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
E. STEWART & ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as
of this 18 day of July, 2017, 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 E. Stewart &
Associates, Inc., a California Corporation with its principal place of business at 1000 Calle Negocia,
San Clemente, California 92673 (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 Services Agreement" dated June 16, 2016, ("Agreement") for the purpose of retaining
the services of Contractor to provide sewer manhole site inspection, debris removal, and gas reading
services.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the term of the Agreement and increase the not-to-exceed compensation amount
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read
as follows:
3.1.2 Term. The term of this Agreement shall be from July 1, 2016 to June 30, 2018,
unless earlier terminated as provided herein. Contractor shall complete the Services within the term
of this Agreement, and shall meet any other established schedules and deadlines. The Parties may,
by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read
as follows:
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3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
shall not exceed Fifty Thousand Dollars ($50,000) 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 this Agreement.
3.3 Continuing Effect 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.
3.6 Counterparts. This Agreement may be executed by the Parties in counterparts, which
counterparts shall be construed together and have the same effect as if all the Parties had executed
the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO. 1
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND
E. STEWART & ASSOCIATES, INC.
CITY OF SAN JUAN CAPISTRANO E. STEWART & ASSOCIATES, INC.
Approved By:
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