THIRD AMENDMENT
TO
TREE MAINTENANCE SERVICES AGREEMENT
[RFP No. 156-05]
THIS THIRD AMENDMENT TO TREE MAINTENANCE SERVICES AGREEMENT (the "Third Amendment to Contract) is made and entered into as of _ 2022, by and between the CITY OF ORANGE, a municipal corporation ("City", and WEST COAST ARBORISTS, INC., a California corporation ("Contractor"), with reference to the following:
i anary 1, 2cl0s,e tred it a rporal terence Service terence it gregat No. 6294) dated January 1, 2016
Agreement"); and
City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to the Tree Maintenance Agreement (Agreement No. 6294.1) dated April 10, 2018, which is incorporated herein by this reference (the "First Amendment"); and City and Contractor further amended the Original Agreement to extend the First Extension Term and exercise the First Extension Term by a Second Amendment to the Tree Maintenance Agreement (Agreement No. 6294.2) dated November 10, 2020, which is incorporated herein by this reference (the "Second Amendment"); and
City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to exercise the Second Extension Term and set the compensation thereof.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this Third Amendment are deemed and construed to refer to the Original Agreement, as previously amended and as implemented by this Third Amendment.
Term Extension.
previously amended, the City herbly extends the tom of thi 2 ff the Or to nel eg rem Sec, ad Extension Term, commencing on July 1, 2022 and terminating on June 30, 2023.
Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered during the Second Extension Term shall not exceed THREE HUNDRED NINETY-EIGHT THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS and 13/100 ($398,589.13) without the prior written authorization of the City.
Section 5. Integration. This Third Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement as previously amended shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Agreement as previously amended, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Third Amendment, the parties enter into this Third Amendment on the year and day first above written.
"CONTRACTOR" "CITY"
WEST COAST ARBORISTS, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name: Patrick Mahoney. Mark A. Murphy, Mayor
Title: President
*By: ATTEST:
Printed Name: Richard Mahoney
Title: Secretary
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Senior Assani Cily Atomey
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
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(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR - The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 2