1 FIRST MODIFICATION OF AGREEMENT NO. 10532 (CCS)
This First Modification of Agreement Number 10532 (CCS) (“First Modification”), entered into as of ___________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Horn’s Backflow & Plumbing Service, Inc. (“HORN’S BACKFLOW & PLUMBING SERVICE”) is made with reference to the following:
RECITALS
A. On or about December 14th, 2017, the City and HORN’S BACKFLOW & PLUMBING SERVICE entered into Agreement Number 10532 (CCS) for plumbing contractor services as required by the Facilities Maintenance Division (“Original Agreement”).
B. The City and HORN’S BACKFLOW & PLUMBING SERVICE desire to modify the Original Agreement to increase the contract price.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 4.1 of the Original Agreement shall be modified by deleting the text of Section 4.1 and replacing it with the following paragraph:
4.1 Total Amount Not To Exceed. In the event the City Exercises the (2) additional (2) year renewal options, the total amount for the Term and Extension Term(s) shall not exceed $250,000, as set forth in Exhibit B-1.
2. Exhibit B-1 is attached hereto and incorporated herein by this reference. \\
\\
DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988 1/19/2021
2 3. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
HORN’S BACKFLOW & PLUMBING
SERVICE Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988 1/12/2021
Interim City Attorney
George Cardona
Bruce Horn
1/18/2021
CEO
Horn's Backflow and Plumbing
1/19/2021
Interim City Manager
Denise Anderson-Warren Lane Dilg
City Clerk
2/10/2021
3 Exhibit B-1
Budget
I. Labor Rates. Jobs shall be quoted individually with specifications provided by Facilities Maintenance staff using the labor rates noted below (per Bid 4281):
Contract Term Extension Term(s)
Labor Rate Execution Date to October 31,
2018
November 1, 2018- October
31, 2020
November 1, 2020- October
31, 2022
Regular Hourly
Rate
$95.00/hour $95.00/hour $95.00/hour
Overtime
Hourly
Rate
$125.00/hour $125.00/hour $125.00/hour
II. Additional Pricing.
1. The after-hours / weekends labor rate (otherwise known as Overtime) shall be applicable for work completed Monday through Friday from 4:30 p.m. to 8 a.m., and all of Saturday and Sunday.
2. Minimum call-out charge shall be $95.00—Same Price, Terms and Conditions offered throughout the Contract Term and Extension Term(s).
3. Rates for equipment, materials and reimburseables shall be indicated on individual job proposals.
III. Contract Term and Extension Term(s). The City will compensate HORN’S BACKFLOW & PLUMBING SERVICE for the services performed in an amount not to exceed $250,000 for the Contract Term and Extension Term(s).
IV. Invoices. Horn’s Backflow & Plumbing Service shall invoice the City per job under Net 30 terms.
DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988