AGR-7328.1 - CALIFORNIA WATERS DEVELOPMENT INCFIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
Maintenance Services for City Fountains (RFB 21-22.16)]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the
First Amendment") is made and entered into as of 3 rurj20a3 ,by and between the CITY OF
ORANGE, a municipal corporation ("City"), CALIFORNIA WATERS DEVELOPMENT, INC., a
California corporation, doing business as CALIFORNIA WATERS ("Contractor"), with reference to
the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No.
7328) dated as of January 11, 2022, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by increasing the compensation.
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 First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3. Compensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Section 2.a of the Original Agreement is increased by TEN THOUSAND
THREE HUNDRED NINETY-FOUR DOLLARS and 0/100 ($10,394.00) and Section 2.a is hereby
amended in its entirety to read as follows:
Contractor's total compensation for all services performed under this Agreement, shall
not exceed EIGHTY-SIX THOUSAND NINE HUNDRED FOUR DOLLARS and
80/100 ($86,904.80) without the prior written authorization of City."
Section 4. Authority of City Manager. Pursuant to Section 3.08.430 of the Orange
Municipal Code,the City Manager is authorized to approve and execute amendments to the Agreement
to adjust the compensation as provided herein.
Section 5. Integration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
CONTRACTOR" CITY"
CALIFORNIA WATERS DEVELOPMENT, CITY OF ORANGE, a municipal corporation
INC., a California a corporation, doing business
as CALIFORNIA WATERS
By: By: 1
Prin ame: C rc a&Kett Thomas C. Kisela, Interim City Manager
Tit
By: APPROVED AS TO FORM:
Print me: I4,1.( f)
Title:
Mary BinnUNAAAtiAALAtA.}‘g
Senior Assistant City Attorn
NOTE:If Contractor is a corporation, the City requires the following signature(s):
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
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