19-170 Amendment #2 dated 03-29-221
SECOND AMENDMENT TO AGREEMENT 19-170
BETWEEN THE CITY OF CUPERTINO AND WEST
COAST ARBORISTS, INC. FOR ON CALL ARBORIST
SERVICES
This Second Amendment to Agreement 19-170 between the City of Cupertino and West
Coast Arborist, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and West Coast Arborist, Inc., a corporation (“Contractor”) whose address is 2200 E. Via
Burton, Anaheim, CA 92806, and is made with reference to the following:
RECITALS:
A. On October 16, 2019, Agreement 19-170 (“Agreement”) was entered into by and
between City and Contractor for on call arborist services.
B. On June 22, 2021, City and Consultant entered into a First Amendment to the
Agreement.
C. The Original Agreement and First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
D. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to
exceed $ 45,000 ("Contract Price"), based upon the Scope of Services in Exhibit A and the
budget and rates included. The maximum compensation includes all expenses and
reimbursements and will remain in place even if Contractor ' s actual costs exceed the
capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be
based on the rates set forth in the Service Order, which shall not exceed the capped amount
specified in the Service Order.
4.2 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty days prior to expiration of the Agreement, Contractor must submit a
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other
obligations under the Agreement.
2
2. Exhibit C to the agreement is replaced with Exhibit C-2, attached hereto.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be
executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
WEST COAST ARBORISTS, INC.
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
2020-434 $10,000
2021-090 $10,000
1st Amendment 2021-090 $5,000
2022-154 $10,000
2nd Amendment 2022-154 $10,000
Total $45,000
Patrick Mahoney
President
Mar 29, 2022
Christopher D. Jensen
Dir of Community Development
Mar 29, 2022
Mar 29, 2022
Exhibit C-2
On call arborist services
Final Audit Report 2022-03-29
Created:2022-03-28
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAaPQf1ciPwVPCLYmGRCgH3r2DFM71XNXO
"On call arborist services" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-03-28 - 6:31:28 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-03-28 - 6:33:19 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-03-28 - 8:47:29 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Patrick Mahoney (jortiz@wcainc.com) for signature
2022-03-28 - 8:47:31 PM GMT
Email viewed by Patrick Mahoney (jortiz@wcainc.com)
2022-03-29 - 4:17:22 PM GMT- IP address: 172.58.88.28
Document e-signed by Patrick Mahoney (jortiz@wcainc.com)
Signature Date: 2022-03-29 - 4:21:07 PM GMT - Time Source: server- IP address: 12.215.229.227
Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
2022-03-29 - 4:21:09 PM GMT
Email viewed by Christopher D. Jensen (christopherj@cupertino.org)
2022-03-29 - 4:30:16 PM GMT- IP address: 104.28.85.109
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-03-29 - 4:55:41 PM GMT - Time Source: server- IP address: 136.24.42.212
Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature
2022-03-29 - 4:55:43 PM GMT
Email viewed by Benjamin Fu (benjaminf@cupertino.org)
2022-03-29 - 7:04:04 PM GMT- IP address: 104.47.73.254
Document e-signed by Benjamin Fu (benjaminf@cupertino.org)
Signature Date: 2022-03-29 - 7:04:26 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-03-29 - 7:04:28 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2022-03-29 - 7:20:23 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-03-29 - 7:20:32 PM GMT - Time Source: server- IP address: 69.110.137.176
Agreement completed.
2022-03-29 - 7:20:32 PM GMT