17-0207_E. STEWART & ASSOCIATES, INC._Maintenance Services Agreement Second AmdAMENDMENT NO. ~
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
E. STEWART AND ASSOCIATES, INC.
1. Parties and Date.
This Amendment No.~ to the Maintenance Services Agreement is made and entered into as
of this 7th day of February, 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 and
Associates, Inc., a California corporation, with its principal place of business at 1000 Calle Negocio,
San Clemente, California ("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 March 15, 2016 ("Agreement") for the
purpose of retaining the services of Contractor to provide professional weed and rubbish abatement
and winter preparation services. The Agreement was Amended on November 1, 2016 to reflect a
term extension of an additional two year term with two one-year optional extensions.
2.2 Amendment Purpose. The City and Contractor desire to amend the Maintenance
Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle Abatement at the current
unit pricing to reflect a not to exceed, per fiscal year, the total amount available in the City's adopted
fiscal year operating budget for weed, rubbish, and thistle abatement and winter preparation and
storm services.
2.3 Amendment Authority. This Amendment No. ~ is authorized pursuant to Section
3.3 .1 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.3 .1 of the Agreement is hereby amended in its entirety to read
as follows:
Page I of3
61147.02100\29483683.1
3.1 Compensation. Contractor shall receive compensation,
including authorized reimbursements, for all Services rendered
under this agreement at the rates set forth in Exhibit "C" attached
hereto and incorporated herein by reference. The total
compensation for the Services performed during any fiscal year
(defined as July I to June 30) shall not exceed the total amount
available in the applicable fiscal year operating budget for weed,
rubbish, and thistle abatement and winter preparation and storm
services adopted by the City.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.2_, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.2. From and after the date of this Amendment No.2_, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2_.
3.3 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. 2_.
3.4 Severability. If any portion of this Amendment No. 2. 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 of3
61147.02100\29483683.1
SIGNATURE PAGE FOR AMENDMENT NO.~ TO MAINTENANCE SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND E. STEWART AND ASSOCIATES, INC.
CITY OF SAN JUAN CAPISTRANO E. STEWART AND ASSOCIATES, INC.
ApprovedBy: ~ ~ ~~
L],A _A_ ./1------fo/L-Bt-45 ~..=..,;~::;:__~-~~-~
B~ Signature
City Manager £a/A:J/:V ..e() .g~t?et
~ / <iJ {zo l 7 Name E ~r~/Cr~"!>/f~,A-~ p~c. .
Date
Title
Date ~ 7
Page 3 of3
61147.02100\29483683.1