AGREEMENT —AMENDMENT NO. 1 TO
LANDSCAPE MAINTENANCE SERICES FOR CITY PARKS AND FACILITIES
BETWEEN
SMITH & ENRIGHT LANDSCAPING, INC. AND CITY OF SALINAS
This Amendment No. 1 to the Landscape Maintenance Services for City Parks and Facilities (the “Amendment”) is deemed to have been entered in to on the 1st day of July 2023, by and between the City of Salinas (the “City”) and Smith & Enright Landscaping, Inc., (the “Contractor”). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Landscape Maintenance Services for City Parks and Facilities effective 29th day of June, 2022, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement to include an additional annual amount not to exceed $50,000 for general irrigation repairs to City parks and facilities as needed.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
The Agreement, Payment section, is amended to the following:
City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, not to exceed Six Hundred Ninety Thousand and Two Hundred Fifty-One Dollars ($690,251) annually for the remaining two years of a three year period, for a total amount of compensation not to exceed Two Million Seventy Thousand Seven Hundred and Fifty Three ($2,020,753) for the three-year term. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Jim Pia, Interim City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
CONTRACTOR
____________________________________
Printed name: James Smith
Title: President
____________________________________
Printed name: Richard Enright
Title: Vice President
Version: November 2022