25E - AGMT - FOUNTAIN MAINTENANCE SRVS

Home Browse Search

FIRST EXTENSION OF FOUNTAIN MAINTENANCE AGREEMENT THIS FIRST EXTENSION OF AGREEMENT is effective as of January 1, 2014, by and between Service First Contractors Network dba Service 1st, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -249, dated November 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided fountain maintenance and repair services. B. By First Amendment dated February 21, 2012, the Parties agreed to include maintenance services for the fountain at the Santa Ana Regional Transportation Center ( "SARTC ") and increase compensation to pay for the additional services. C. By Second Amendment dated April 18, 2012, the Parties amended said Agreement to include the additional services required to repair the expansion joints at Memorial Park Pool. D. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to extend said Agreement for the first of two two -year extensions. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the First and Second Amendments to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, is restated for reference to read as follows: "Contractor shall perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set forth in City Specifications attached to said Agreement as Exhibit A. Additionally, Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center ( "SARTC "). Said SARTC maintenance shall be performed on a weekly basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center." 2. Section 2a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for servicing the City Fountains as set forth on Exhibit A, attached hereto and incorporated herein: The total sum to be expended under this Agreement shall not exceed $43,390.00 annually, which includes a contingency for unanticipated work required during the Term of said Agreement." 3. Section 3, TERM, shall be extended by the first of two two -year extensions, through December 31, 2015. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3