HomeMy Public PortalAboutAmendment No. 1 to 55-2017 - Parks - Lawn Plus LLC - Lawn services for McBride StadiumAMENDMENT TO CONTRACT NO. 55-2017
THIS AMENDMENT is adopted this 11,.L5+� day of MOW 12017,
by and between the City of Richmond, Indiana, a municipal corpor@ion acting by and
through its Board of Parks and Recreation, with its office at 50 North 5th Street,
Richmond, Indiana, 47374 (the "City") and Lawn Plus, LLC, 5062 Bantas Creek Road,
West Alexandria, Ohio, 45381 (hereinafter individually and/or collectively referred to as
the "Contractor").
WHEREAS, on or about April 17, 2017, the City and Contractor entered into an
Agreement for good and valuable consideration with said Agreement bearing Contract
No. 55-2017.
WHEREAS, Contract No. 55-2017, to which this Amendment is attached,
requires contractor to provide training with respect to: base path renovation, sod cutting,
infill baselines, infield mixing, rolling of baselines to compact infield mix, and top
dressing with surface, as well as consulting with respect to: responsible spraying with
recommended application process, fertilization program, aeration program, assistance
with irrigation needs, leveling and erosion issues for infields and outfields, fall needs for
the field, and ongoing maintenance issues for the Richmond Parks and Recreation
Department (the "Project").
WHEREAS, Contract No. 55-2017 provides that Contractor is to be paid an
amount estimated not to exceed Three Thousand Dollars and 00/100 ($3,000.00) for the
first year of the Agreement, with an option to renew for such that the Agreement may
extend for a total of five (5) years. The total amount of the Contract was not to exceed
the total sum of Five Thousand Dollars and 00/100 ($5,000.00) for satisfactory
completion of the Project as more particularly described within the original Contract.
WHEREAS, the City and Contractor have determined that, subsequent to an
initial review of the facilities described within the Contract, that additional funding is
necessary in order to satisfactorily effectuate the terms, conditions, and intent of the
same.
NOW, THEREFORE, for valuable consideration, the parties hereto now amend
Contract No. 55-2017, to wit:
Statement and Subject of Work. City hereby retains Contractor to provide
professional consulting and training services in connection with the grounds at McBride
Stadium, which professional services shall include, but shall not be limited to, training
with respect: to base path renovation, sod cutting, infill baselines, infield mixing, rolling
of baselines to compact infield mix, and top dressing with surface, as well as consulting
with respect to: responsible spraying with recommended application process, fertilization
program, aeration program, assistance with irrigation needs, leveling and erosion issues
for infields and outfields, fall needs for the field, and ongoing maintenance issues for the
Richmond Parks and Recreation Department (the "Project"). Parties acknowledge that
purchase of materials incident hereto is not within scope of this Service Agreement.
Should Indiana state law, or the purchasing procedures of the City require request for
bids or proposals for any such materials, the parties hereto understand and agree that such
1 1
P_a g e
procedures must be complied with as the Contract, and this Amendment to the same,
contemplate a service agreement.
Compensation. City shall pay Contractor an amount not to exceed Five Thousand
Dollars and 00/100 ($5,000.00) per year, with the express understanding that this
Agreement may be effective for a total of five (5) years as set forth below.
Term of Agreement. This Agreement shall become effective when signed by the
parties and shall continue in effect until completion of the Project, which completion is
anticipated to be on or before December 31, 2019. The City shall retain two (2) options
to renew this Agreement for the 2.020 and 2021 calendar years in the event the Project is
not completed as anticipated on or before December 31, 2019.
Notwithstanding the term of this Agreement, the City may terminate this Agreement in
whole or in part, for cause, at any time by giving at least five (5) working days written
notice specifying the effective date and the reasons for termination which shall include
but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or
incomplete in
an material respect
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this
Agreement is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the
parties by setting forth the reasons for such termination, the effective date, and in the case
of partial termination, the portion to be terminated.
Remaining Sections of Contract. Unless specifically modified herein, all other
provisions of the original Contract shall remain in full force and effect.
2 P a g e
IN WITNESS WHEREOF, the parties have executed this Amendment at
Richmond, Indiana, as of the day and year first written above, although signatures may be
affixed on different dates.
"CITY"
The City of Richmond, Indiana, by and through
its Board of Parks and Recreation 1-1
Sno , ayor
Dated: 15—, - 1 5- 1 ?
"CONTRACTOR"
Lawn Plus, LLC
By:�,)— I �-,
(Printed):. /
Title:
Dated: `5 -17 -17
3 1 Page