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FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
STREET SWEEPING
This First Amendment to the Agreement for Maintenance Services for Street Sweeping (this “First Amendment”) is made and entered into on this 1st day of July, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and SCA of CA, LLC, a Delaware limited liability company (“Contractor”).
R E C I T A L S:
A. City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021.
B. Contractor is the successor in interest of Pacific Sweeping, having purchased Pacific Sweeping on February 23, 2021 and having assuming its obligations, including those requiring Contractor to fulfill the obligations under the Agreement.
C. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions.
D. City desires to exercise the first one-year term extension, to provide for City-wide street sweeping through June 30, 2025.
E. Section 3.3.6 of the Agreement specifies the rate set forth may be adjusted each year at the time of renewal.
F. City and Contractor desire to amend the Agreement increasing the Unit Cost to $27.00 from $21 for the one-year term extension of July 1, 2024 through June 30, 2025.
G. City and Contractor desire to increase the maximum payment amount of the Agreement to correspond to the new extended term of the Agreement and provide for the final extension.
H. City and Contractor desire to amend the Agreement in the manner provided herein.
COVENANTS
1. Contractor acknowledges and agrees that it shall perform all the obligations under the Agreement of Cannon Pacific Services, Inc. dba Pacific Sweeping.
Attachment 2
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2. The City hereby exercises its unilateral option under Section 3.1.2 of the Agreement to renew this Agreement for one (1) additional one-year such that the Agreement shall expire on June 30, 2025 unless otherwise terminated or further extended.
3. Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:
3.3.1 Compensation.
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Cost Proposal Form in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2024 shall not exceed One Million, Three Hundred Eighty-Five Thousand and Four DOLLARS ($1,385,004.00) without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first oneyear term extension through June 30, 2025, shall not exceed Five Hundred Eighty Thousand, Seven Hundred Sixteen DOLLARS ($580,716.00) without written approval of City Council. The total compensation for the second one-year term extension, if exercised by the City Manager in his sole and absolute discretion, shall not exceed the compensation for the first one-year term extension plus an adjustment based on cost increases in labor, equipment and natural gas.. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
4. Exhibit A to the Agreement is hereby replaced in its entirety by Exhibit A to this First Amendment, which is hereby fully incorporated by this reference.
5. Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures effective as of the date first written above.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2024
________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
SCA of CA, LLC
(“CONTRACTOR”)
By:
Jonathan David Sisler, CEO,
Manager/Member
Dated: __________________, 2024
By:
Jean Francois Souliere,
Manager/Member
Dated: __________________, 2024
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EXHIBIT “A”
COST PROPOSAL FORM
(Included on the following page)
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