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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