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West Coast Arborists - 2016 Agreement - Amendment No. 2SECOND AMENDMENT TO AGREEMENT WI_TH_ WEST COAST ARBORISTS, INC. TO PROVIDE CITY TREE SERVICES WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and West Coast Arborists, Inc., entered into that certain agreement entitled Contract Services, effective on July 5, 2016, hereinafter referred to as "Original Agreement "; and WHEREAS, City and West Coast Arborists, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 4, Section A (Consideration) of Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule'). In no event however shall the total annual compensation paid to CONTRACTOR exceed $250,000. 2. This Amendment shall be effective on September 12, 2018. 3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this �myent to be executed as of the dates set forth besides their signatures below. �/f CITY OF GILROY By: [signature] Gabriel A. Gonzalez [employee name] City Administrator [title /department] Date: Approved as to Form 4845 - 8215 -55400 MDOLINGER \04706083 WEST CO ST , By: [signatur Pack Mahoney [name] President [title] \ Date: 9 ATTEST: City Attorney 4845 - 8215- 5540v1 _2_ MDOLINGER104706083