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HomeMy Public PortalAboutAgreement_2023-07-01 10/31/2023_West Coast Arborists, Inc._Tree Maintenance Services_SECOND AMENDMENT TO AGREEMENT FOR SERVICES by and between the CITY OF TEMPLE CITY and WEST COAST ARBORISTS, INC July 1, 2023 to October 31, 2023 R!V #4840-1328-2571 vl SECOND AMENDMENT TO AGREEMENT FOR SERVICE This Second Amendment to Agreement for Tree Maintenance Services ("Second Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and West Coast Arborists, Inc, a limited liability company ("Contractor"), (collectively the "Parties") as follows: RECITALS A. City and Contractor entered into an Agreement for Tree Maintenance Services on May 1, 2018 ("Agreement"). Per the Agreement, the Contractor agrees to perform for the City those tree maintenance services specified in the Scope of Services. Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately perform and complete the services. B. This Second Amendment amends Section 1.1 (Term) extending the Agreement through October 31, 2023 and maintains current Agreement rates. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT OF SECTION 1. Section 1 of the Agreement is hereby modified and amended as follows: 1.1 Term of Agreement. Section 1 of the Agreement is hereby amended as follows: Subject to the provisions of Section 9 (Termination) the term of this Agreement is extended through October 31, 2023. GENERAL PROVISIONS. 1.2 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. 1.3 Integration. This Second Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes RIV #4840-1328-257I vl -2- all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment. 1.4 Effective Date. This Second Amendment shall not become effective until the date it has been formally approved by the City Manager and executed by the appropriate authorities of the City and Contractor. 1.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 1.6 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY By: Bryan C o , City Manager ATTEST: APPROVED AS TO FORM Pe- en , Peggy Kuo erk RIV #4840-1328-2571 v l Greg Murli; City Attorney CONTRACTOR: WEST COA ARBORISTS, INC. By: -3- Name: Patrick Mahoney Title: President Title: Secretary NOTE: CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. R[\' 04840-132S-2571 vi -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rr r�rrcMcc�ce� c cTe�c curz�c�r�c �-ecc �c �c �e �.cs c� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 6/29/23 before me, Amelia Menzel, Notary Public Date personally appeared Here Insert Name and Title of the Officer Patrick Mahoney and Richard Mahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMELIAMENZEL WITNESS my ha + an• offici Notary Public • California z Orange County Commission # 2446240 My Comm. Expires May 8, 2027 Place Notary Seal Above Signature OPTIONAL Signatu - of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney ® Corporate Officer — Title(s): President CI Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA, Inc. Signer's Name: Richard Mahoney ® Corporate Officer — Title(s): Secretary ❑ Partner — U Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA, Inc. ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907