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:
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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
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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
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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