FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND SOLITUDE LAKE MANGEMENT LLC DBA: AQUATIC ENVIRONMENTS FOR ON-CALL MAINTENANCE
OF VEGETATION FOR THE WATER POLLUTION CONTROL PLANT OXIDATION PONDS This First Amendment to Services Agreement, dated January 31, 2023, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation for the state of California , and Solitude Lake Management DBA: Aquatic Environments “CONTRACTOR” WHEREAS, the CITY and CONTRACTOR entered into an Agreement on January 31, 2023, whereby CONTRACTOR would provide on-call services for maintenance of vegetation at the water pollution control plant (“Agreement”); and
WHEREAS, the CITY and CONTRACTOR now agree that an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE CITY AND AGENCY ENTER INTO THIS FIRST AMENDMENT TO SERVICES AGREEMENT:
1. Section 2 entitled “Contract Term” is hereby amended, in part, to read as follows:
[2]. [Contract Term]
[Replace the entire section with the following:]
The term of this Agreement shall be from January 31, 2024, through January 30, 2025, unless otherwise terminated. Agreement may be extended for an additional Three (3) one (1) year periods at the sole discretion of the City.
2. Section 3. entitled “Payment of Fees and Expenses” is hereby amended, in part, to read as follows:
[3]. [Payment of Fees and Expenses]
[Replace the entire section with the following:]
CITY agrees to pay CONTRACTOR as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B”. Total compensation shall not exceed Eight Hundred Thirty Nine Thousand Eight Hundred Thirty Two and 00/100 Dollars ($839,832.00) unless upon written modification to this Agreement signed by both parties. All other terms and conditions remain unchanged and are in effect.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.
CITY OF SUNNYVALE ("CITY”) SOLITUDE LAKE MANAGEMENT LLC DBA: AQUATIC ENVIRONMENTS ("CONTRACTOR")
By _____________________________ By _____________________________ City Manager
________________________________
Name and Title
ATTEST:
By _____________________________
By ___________________________
City Clerk ________________________________
Name and Title
APPROVED AS TO FORM:
By ___________________________
City Attorney
Attachment 2
Exhibit B
COMPENSATION
Line
Item DESCRIPTION QTY UOM Unit Cost
1. Monthly Herbicide Treatments 12 Each $ 4123.00
2. Monthly Floating Vegetation Cleanup Events 12 Day $ 5745.00
3. Mechanical Vegetation Removal Events 60 Day $ 4245.00
4. Weekend/Emergency Vegetation Removal Events 6 Day $ 6,900.00 5 Additional Area Herbicide Treatments 6 Per Acre $ 900.00 Attachment 2