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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JACINTO AND DAVE’S HAULING CO., INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 17 day of June, 2025, by and between the City of San Jacinto (“City”) and Dave’s Hauling Co. Inc., a California Corporation with its principal place of business at 44300 Charlotte Drive, Hemet, CA 92544 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. City and Contractor entered into an agreement entitled “Professional Services Agreement” dated July 1, 2022 (“Agreement”) for the purpose of retaining Contractor to provide Citywide Debris Removal and Park Cleaning Services.
2.2 Term Renewal. City, as authorized by Section 3.1.2 of the Agreement, desires to exercise both one-year extension options provided under the Agreement, thereby extending the term of services through June 30, 2027.
2.3 Amendment Purpose. City and Contractor desire to amend the Agreement to revise the scope of services and compensation.
2.4 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section
3.1.2 of the Agreement.
3. Terms.
3.1 Renewal. Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises its unilateral option to renew the Agreement for both of the authorized one-year extension terms, thereby extending the Term through June 30, 2027
3.2 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million, Four Hundred Twenty-Nine Thousand Dollars ($1,429,000) without written approval of the City Council or City Manager as applicable.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Amendment. Exhibit “C” (Compensation) of the Agreement is hereby deleted in its entirety and replaced with the Exhibit “C” attached hereto and incorporated herein by this Amendment. The total compensation under the Agreement, including all authorized extensions, shall 24438.00000\32219969.1
not exceed one million, four hundred twenty-nine thousand dollars ($1,429,000).
Beginning July 1, 2025, and on each annual anniversary thereafter, the hourly rates listed in Exhibit “C” shall be automatically adjusted based on the percentage change in the Consumer Price Index (CPI) from March to March of the preceding 12-month period. The applicable index shall be the Consumer Price Index for All Urban Consumers (CPI-U), Riverside-San Bernardino-Ontario, All Items, Not Seasonally Adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor agency. Any annual increase shall not exceed four percent (4%). If the index reflects a decrease, the rates listed in Exhibit “C” shall remain unchanged. Consultant shall notify the City in writing of any CPI-based rate adjustment at least ten (10) days prior to the effective date, including the new rate schedule and the effective date of the adjustment.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.4 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.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
24438.00000\32219969.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JACINTO
AND DAVE’S HAULING CO. INC.
CITY OF SAN JACINTO DAVE’S HAULING CO., INC.
By:
Its: Owner/President
Printed Name: David Haynes
By:
Its: Secretary
Printed Name: Kelly Haynes
Approved By:
Robert A. Johnson
City Manager
Attested By:
Julia Espinoza
City Clerk
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
24438.00000\32219969.1
Exhibit “C”
Compensation
Rates effective July 1, 2025:
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Beginning July 1, 2025, and on each annual anniversary thereafter, the hourly rates listed in Exhibit “C” shall be automatically adjusted based on the percentage change in the Consumer Price Index (CPI) from March to March of the preceding 12-month period. The applicable index shall be the Consumer Price Index for All Urban Consumers (CPI-U), Riverside-San Bernardino-Ontario, All Items, Not Seasonally Adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor agency. Any annual increase shall not exceed four percent (4%). If the index reflects a decrease, the rates listed in Exhibit “C” shall remain unchanged. Consultant shall notify the City in writing of any CPI-based rate adjustment at least ten (10) days prior to the effective date, including the new rate schedule and the effective date of the adjustment.