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Home My Public Portal AboutAgreement_2016-06-07_West Coast Arborists Inc_1st AmendmentFIRST AMENDMENT TO THE AGREEMENT FOR TREE MAINTENANCE SERVICES by and between the CITY OF TEMPLE CITY and WEST COAST ARBORISTS Dated: June 7, 2016 FIRST AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES This First Amendment to the Agreement for Tree Maintenance Services ("First 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 corporation ("Contractor"), as follows: RECITALS A. City and Contractor entered in an Agreement for Tree Maintenance Services on May 19, 2015 ("Agreement"). The Agreement provides that Contractor will perform for City those tree maintenance services specified in the Scope of Services. B. Section 1.1 of the Agreement [Term] provides that subject to the provisions of Section 8 [Termination] of the Agreement, the term of the Agreement is for 1 year commencing on July 1, 2015 ("Term"). The Agreement may be renewed for up to an additional three (3) years upon mutual consent of the Parties. C. This First Amendment amends Section 1.1 to authorize renewal of the Agreement for one (1) year commencing on July 2016. D. Section 2.1 of the Agreement [Compensation] provides that City shall pay to Contractor for non -disputed Services rendered, the compensation set forth in Exhibit "C" [Compensation] incorporated by reference. Total compensation to Contractor for the Services shall not exceed the total price or "not to exceed" amount set forth in Exhibit "C," without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. E. This First Amendment amends Section 2.1 revising the compensation for tree maintenance services by 2% as set forth in the FY 2016-17 Schedule of Compensation attached hereto and incorporated by reference. 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. The Agreement is hereby modified and amended as follows: 1.1 Term Section 1.1 of the Agreement is hereby amended as follows: Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is extended for 1 year commencing on July 1, 2016 and expiring on June 30, 2017. ("Term"). The Agreement may be renewed for up to an additional two (2) years upon mutual consent of the Parties. -2- 1.2 Compensation Section 2.1 of the Agreement is hereby amended as follows: City shall pay to Contractor for non -disputed Services rendered, the compensation set forth in FY 2016-2017 Schedule of Compensation attached hereto and incorporated herein by reference as Attachment 1. Total compensation to Contractor for the Services shall not exceed the FY 2016-17 adopted City Budget for the specific services funded in the following accounts without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]: Acct. #47-970-83-4254 Tree Trimming Acct. #47-970-83-4261 Tree Removal Acct. #47-970-834660 Tree Planting 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages I through _ inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY By: Bryan Cook, City Manager -3- ATTEST: ES I�" I" Peggy Kuo, ity Clerk APPROVED AS TO FORM Eric S. Vail,`tity Attorney CONTRACTOR: By: 1 �� Y V Name: Patick Mahonev Tide: President Name: Richard Tide: Assistant 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. -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .r.�:c�r<s.:::.y..._..:.:.._..:..':�Cc��ixcryrc<•._...:.......:........�ws6cscacrcrcr��rexY...�......:..�,...........:..................,..:.. 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 Oranae ) on Mav 19, 2016 before me, Amelia I. Menzel. Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the perso whose nam (s are subscri the within instru and acknowledd that they xecuted the same in hei horized capaci res nd that rftheir s natur�s on instrument the persor& or the entity upon behalf of which the person s�cted, a uted the instrument. AMELIA I. MENZEL commission x 2105517 a -s Notary Public - California i Orange County 77 My Comm. Expires Apr 2.20191 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and/official seal. SignatureI uPXk° Signafure'o Notes Public OPTIONAL 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:City of Temple City _ AyfetV%1M Document Date: 5/19/16 Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Patrick Mahoney ❑+ Corporate Officer — Title(s): President Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: WCA, Inc. Signer's Name: Richard Mahoney ❑v Corporate Officer — Title(s): Asst. Secretary Partner — Limited General Individual Attomey in Fact Trustee Guardian or Conservator Other: Signer Is Representing: WCA.Inc. �cxst+:�.+=a.:.c.�cx=c�=c.��=cmcw:��urc�ctsceco!�+?:szxc^sc^wu.cxxxwzic�•.�•.•••.•,••^•�,••^,•-rR.rvuuxc�:rc�.�c.rx,�.z:�.�.+ 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907