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EZ Sunnyday Landscape-2018-47 s AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND EZ SUNNYDAY LANDSCAPE This AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND EZ SUNNYDAY LANDSCAPE ("Amendment No. 1')by and between the CITY OF GRAND TERRACE("City")and EZ Sunnyday Landscape a California corporation("Contractoe)is effective as of the 1411 day-of November,2018. RECITALS RECITALS A. City and Contractor entered into that certain Agreement for Contract Services dated March 14,2017("Agreement')whereby Contractor agreed to provide landscape maintenance services for the City. B. The term of the Agreement was for five years with a maximum compensation due to Contractor of$45,430.00 annually. C. By this Amendment No. 1,the City and Contractor desire to extend the scope of services of the Agreement to provide landscape maintenance services for the Grand Terrace Dog Park- D. To account for the extension of the Scope of Services,City and Contractor also desire to amend the Agreement to increase the maximum compensation due to Contractor by an additional$2,400.00 annually,from$45,430.00 annually to$47,830.00 annually,so that City can continue to receive services from Contractor during the remainder of the term ending June 30,2022. E. Except as amended hereby,the terms and conditions of the Agreement, including the rates for compensation,remain unchanged. TERMS 1. Contract Amendments.The Agreement is amended as provided herein a. Section la,"Scope of Services",shall be amended to read as follows: "a)For and in consideration of the.payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required in the Scope of Services,attached as Exhibit A and Exhibit Al and incorporated by this reference. ®11.73.Q�D]1�515555.1 b. Section 3,"Compensation/PaymenP',shall be amended to read as follows: "3. The total compensation for the Services shall not emceed Forty Seven Thousand Eight Hundred and Thirty Dollars and No Cents($47,830.00)Annually as provided in Section 3 of this Agreement" 2. Continuing Effect of Agreement.Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement.Each parry represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each parry represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that,with the passing of time or the giving of notice, or both,would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that,with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. . 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01173.0001/515555.1 IN FITNESS WHEREOF,the parties hereto have executed this Amendment No. 1 on the date and year f rst above wntten. CITY: CITY OF GRAND TERRACE, a muni al corporation %- '-"�"z z G. Id ey, rty Manager ST: Debra Thomas,City Clerk APPROVED AS TO FORM: ALESHIRE& LLP zz/ Adrian R. Gueira,City Attorney CONTRACTOR: r N0� A >';�,5 i� F''� Name: G0 Title: o By: Name: Title: Address: NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE!REQUIRED 01173.0001/515555.1 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the indhadual.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 SAN BERNARDINO On N o y, 16 ,2018 before me, R t1 W l PI�Vc EL-personally appeared:TS PN- Z c proved to me on the basis of satisfactory evidence to be the personal whose names is/X6 subscribed to the within instrument and acknowledged to me that he/sbe%hey executed the same in his/hgrkc° authorized capacity(ios}, and that by his/he z/.their signature,(4*on the instrument the person;or the entity upon behalf of which the person,Kacted, 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. RUSHPATEL WITNESS my hand and official seal. COMM. 215M5 COMM.iJ 2159355 N NOTARYPUBLIC•GALIFOANIJD� RIVERSIDE COUNTY My Commi ssion EnExpires q pclimi 8, Signature: OPTIONAL Though the data below is,not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ - CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S)❑ LIIVIITED ❑ GENERAL ❑ ATTORNEY w FACT NJM[gER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT 01173.00011S]x5551 BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RILES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. 01173.0001/515555.1 SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR EN'TITY(IES)) SIGNERS)OTHER THAN NAMM ABOVE _ r W1 7'A, IA C`zrz('a Icp 1y1.� OU73.0001j5155551 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 SAN BERNARDINO On P1 o v. ( 6+-2018 before me,R U s W 1 Q Pfl E L personally appeared t S iY1 Z E C C N; proved to me on the basis of satisfactory evidence to be the person,*whose named Ware- subscribed to the within instrument and acknowledged to me that-he/shc1dwy executed the same in his/hIadtheir authorized capacit3oes), and that by hisAiaMidir signatureo on the instrument the persoqW,or the entity upon behalf of which the person}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. WITLESS my hand qpd official seal. ' RUSHI PATEL r COMM.#2159355 Q NOTARY PUBLIC-CALIFORNIAD ( RIVERSIDE COUNTY r '-'1J�f`_/iQ-/,A My Commission 0,UN Signature. July B,2020 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER- TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S)❑ LlmaTED ❑ GENERAL ❑ ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNED IS REPRESENTING: (NAME OF PERSON(S)OR EN'1TTY(IES)) SIGNERS)OTHER THAN NAMED ABOVE 01173.0001/515555.1 EXHIBIT A 1 SUNNYDAY LAWN SERVICE P.O. BOX 878 Estimate RIALTO CA. 92377 Number: E1026 TEL (909) 644-6797 EMAIL:sunnydaylandscape@gmail.com Date: October 17, 2018 Bill To: Ship To: GRAND TERRACE PUBLIC WORKS 22795 BARTON RD SUITE B GRAND TERRACE, CA 92313-5295 PO .# Terms Date Description Amount DOG PARK MONTHLY MAINTENANCE FOR $200.00 PER MONTH ( $ 2,400.00 PER YEAR ) Total $0.00