AGR-6730.2 - MAJOR LEAGUE INFIELDS INCSECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Field Maintenance Services]
THIS SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the
Second 23, by and between the
CITY OF ORANGE, a municipal corporation (MAJOR LEAGUE INFIELDS, INC., a
California corporation Contractor with reference to the following:
A.City and Contractor entered into a Maintenance Services Agreement (Agreement No.
6730) dated January 8, 2019, which is incorporated herein by this reference
B.City and Contractor amended the Original Agreement to revise the Scope of Services
and increase the compensation by a First Amendment to Maintenance Services Agreement
(Agreement No. 6730.1) dated March 9, 2021, which is incorporated herein by this reference (the
C.City and Contractor desire to further amend the Original Agreement to modify, amend
and supplement certain portions of the Original Agreement to extend term and increase 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 Second
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
Second 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 TWENTY-TWO
THOUSAND DOLLARS and 00/100 ($22,000.00) and Section 2.a is hereby amended in its entirety
to read as follows:
's total compensation for all services performed under this Agreement, shall
not exceed TWO HUNDRED FORTY-THREE THOUSAND ONE HUNDRED
FIFTY-TWO DOLLARS and 00/100 ($243,152.00) without the prior written
authorization of City.
AGR-6730.2
May 9
2
Section 4 Term. The Term of the Original Agreement, Section 10, is hereby amended in
its entirety to read as follows:
e on March 1, 2019 and end on November
Section 5.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 and extend the term as provided herein.
Section 6.Integration. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the
terms and provisions of this Second Amendment shall control and govern the rights and obligations
of the parties.
IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on
the year and day first above written.
CONTRACTOR
MAJOR LEAGUE INFIELDS, INC.,CITY OF ORANGE, a municipal corporation
a California corporation
*By:By:
Printed Name:Thomas C. Kisela, City Manager
Title:
*By:APPROVED AS TO FORM:
Printed Name:
Title:
Mary E. Binning, City Attorney
*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.
David R. Johnson
President
Secretary
Catherine Johnson