AGREEMENT NO. 2019-159E
FIFTH AMENDMENT TO MAINTENANCE CONTRACT
This Fifth Amendment to Maintenance Contract Agreement No. 2019-159 (Amendment) effective date of July 1, 2022, is entered into between the City of Camarillo, a California general law city and municipal corporation (City), and Landscape Development Inc., dba Enhanced Landscape Management, a California corporation (Contractor) collectively referred to as the “Parties”.
RECITALS
A. The Parties have entered into a written agreement entitled “City of Camarillo Maintenance Contract Agreement No. 2019-159” having an effective date of January 1, 2020 (Agreement) to provide for certain maintenance services in the amount of $6,336,708 as outlined in Exhibit A of Agreement from Contractor. The term of the Agreement is forty-two months ending June 30, 2023.
B. The parties have entered into a written agreement entitled “First Amendment to Maintenance Contract Agreement No. 2019-159A” having an effective date of July 1, 2020 (First Amendment) to reduce the scope of landscape maintenance services due to economic impact of the COVID-19 pandemic by $339,148.20 for each remaining Fiscal Year for a total FY 2020/21 through FY 2020/23 annual amount of $1,471,339.80 with CPI increases for FY 2021/22 and FY 2022/23 for a total agreement amount of 5,319,263.40.
C. The parties have entered into a written agreement entitled “Second Amendment to Maintenance Contract Agreement No. 2019-159B” having an effective date of April 14, 2021 (Second Amendment) to perform special project and landscape renovations in several assessment districts in the amount of $27,000 as outlined in Exhibit A of the Second Amendment from Contractor for a total agreement amount of $5,346,263.40.
D. The parties have entered into a written agreement entitled “Third Amendment to Maintenance Contract Agreement No. 2019-159C” having an effective date of July 1, 2021 (Third Amendment) to re-establish the scope of landscape maintenance services and frequencies to pre COVID-19 pandemic levels for an annual increase of $339,148.20 for an annual amount of $1,1810,488 for FY 2021/22 and FY 22/23 with a CPI increase of approximately 3% for FY 22/23 for a total agreement amount of $6,024,559.80.
E. The parties have entered into a written agreement entitled “Fourth Amendment to Maintenance Contract Agreement No. 2019-159D” having an effective date of September 8, 2021 (Fourth Amendment) to adjust the contract amount by a CPI increase of 4% for FY 2021/22 due to labor, fuel and material cost increases. The 4% CPI increase is retroactive to July 1, 2021, resulting in an increase of $72,419.52 for an annual amount of $1,882,907.52 for FY 2021/22 and FY 22/23 with a CIP increase of approximately 3% for FY 22/23 for a total agreement amount of $6,169,398.84.
F. All capitalized terms not defined in this Amendment have the meaning set forth in the Agreement.
G. The parties desire to modify the Scope of Work in accordance with Section 15.5 of the Agreement.
Doc ID: 9369f496bc043c314c7c1d2fbcb7aff5271bf4ae
Section 1. Amendment. The Agreement is amended as follows:
1. Additional “Scope of Services” of the Agreement is amended to add the following:
Contractor to perform weekly landscape maintenance services at the Camarillo desalter plant in the amount of $30,936 for FY 2022/23 which includes all provisions included in the existing maintenance agreement per attached Exhibit A.
Section 2. Compensation and Payment. This Fifth Amendment to the Maintenance Contract is for a not-to-exceed amount of $30,936 for FY 2022/23 for a total agreement amount of $6,200,334.84.
Section 3. Continuation of Terms of Agreement. Except as expressly modified by the terms and provisions of this document, the remaining terms and provisions of the Agreement remain in full force and effect.
THE AUTHORIZED REPRESENTATIVES of the Parties have caused this Fifth Amendment, Agreement No. 2019-159E, to be executed as of the Effective Date above.
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Kristy Buxkemper, City Clerk
LANDSCAPE DEVELOPMENT INC., dba ENHANCED LANDSCAPE MANAGEMENT, a California corporation
Gary Horton, President
Timothy Myers, CFO
Camarillo Business Tax Certificate No. 007907 Expiration Date: 05/31/2023 Attachment: Exhibit A
Doc ID: 9369f496bc043c314c7c1d2fbcb7aff5271bf4ae
EXHIBIT A
CC Agreement No. 2019-159E
Doc ID: 9369f496bc043c314c7c1d2fbcb7aff5271bf4ae