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FIRST AMENDMENT TO <br />MAINTENANCE SERVICES AGREEMENT <br />BETWEEN THE CITY OF COLTON <br />AND <br />THE ORIGINAL MOWBRAY'S TREE SERVICE <br />1. PARTIES AND DATE. <br />This First Amendment to the Maintenance Services Agreement ("First Amendment") is <br />made and entered into this 6th day of June, 2017 by and between the City of Colton (`City") and <br />The Original Mowbray's Tree Service (`Contractor"). City and Contractor are sometimes <br />individually referred to as "Party" and collectively as "Parties" in this First Amendment. <br />2. RECITALS. <br />2.1 Agreement. City and Contractor entered into that certain Maintenance Services <br />Agreement dated September 6, 2016 (`Agreement"), whereby Contractor agreed to provide annual <br />electric utility line clearance tree trimming services in an amount not -to -exceed $60,000, and city- <br />wide tree trimming services in an amount not -to -exceed $80,000. The term of the Agreement is <br />November 1, 2016 through October 31, 2017, with three one-year renewal options. <br />2.2 Amendment. City and Contractor desire to amend the Agreement for the first time <br />to increase the compensation or city-wide tree trimming services by $35,000 (new annual <br />compensation for city-wide tree trimming services not -to -exceed $115,000). <br />3. TERMS. <br />3.1 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and <br />replaced with the following: <br />3.3.1 Compensation. Contractor shall receive <br />compensation, including authorized reimbursements, for all Services <br />rendered under this Agreement at the rates set forth in Exhibit "C" <br />attached hereto and incorporated herein by reference. The <br />compensation shall not exceed one hundred fifteen thousand dollars <br />and zero cents ($115,000.00) for city-wide tree trimming and <br />maintenance services, and sixty thousand dollars and zero cents <br />($60,000.00) for electric utility line clearance services, and total <br />compensation for all services shall not exceed the annual amount of <br />one hundred seventy-five thousand dollars and zero cents <br />($175,000.00) without written approval of City's City Manager. <br />Extra Work may be authorized, as described below, and if <br />authorized, will be compensated at the rates and manner set forth in <br />this Agreement. <br />2.4152.06020\1541013.4 <br />01/16/2018 - Council Agenda <br />(1313&K: 2.12) <br />157 <br />