SECOND AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
STREET SWEEPING
This Second Amendment to the Agreement for Maintenance Services for Street Sweeping (this “Second Amendment”) is made and entered into on this ______ day of ____________, 2025, 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:
City and Contractor (successor in interest to "Cannon Pacific Services, Inc. dba Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on or about May 18, 2021.
SCA of CA, LLC purchased all issued and outstanding stock of "Cannon Pacific Services, Inc. dba Pacific Sweeping" on February 23, 2021".
Cannon Pacific Services, Inc. assigned its rights and obligations under the Agreement to SCA of CA, LLC, which SCA of CA, LLC accepted and assumed as part of the First Amendment to the Agreement entered into on July 17, 2024.
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.
On July 17, 2024, City and Contractor amended the Agreement to exercise the first one-year term extension, which extended the Agreement from July 1, 2024 to June 30, 2025.
City and Contractor desire to amend the Agreement to exercise the second one-year term extension, to provide for City-wide street sweeping from July 1, 2025 to June 30, 2026.
Section 3.3.6 of the Agreement specifies the rate set forth may be adjusted each year at the time of extension.
City and Contractor desire to amend the Agreement to apply a 3.0% CPI cost increase to Exhibit Appendix A for the second one-year term extension of July 1, 2025 through June 30, 2026, which is in the best interest of the Parties and the public.
City and Contractor desire to amend the Agreement in the manner provided herein.
Covenants
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby replaced in its entirety with the following:
3.1.2 Term.
The term of the Agreement shall be from July 1, 2021 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 2: 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, including all work related thereto, 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 and zero cents ($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 one-year term extension through June 30, 2025, shall not exceed Five Hundred Eighty Thousand, Seven Hundred Sixteen DOLLARS and zero cents ($580,716) without written approval of City’s City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2026, shall not exceed Five Hundred Ninety-Eight Thousand, One Hundred Thirty-Seven DOLLARS and Fourty-Eight CENTS ($598,137.48) without written approval of City’s City Council. Extra work outside the scope of the Services may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Section 3: Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect. (SIGNATURES ON FOLLOWING PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
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, A DELAWARE LIMITED LIABILITY COMPANY
(“CONTRACTOR”)
By:
Jonathan David Sisler
Its:_CEO, Manager/Member ________
Dated: _______________, 2025
Exhibit “a”
Cost Proposal form
(Costs are increased by 3% from the attached July 1, 2024 to account for CPI increases as shown on the following pages) 4919-9842-7978 v2 2 of 3
Attachment 2