AMENDMENT NO. 5 TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND MERCHANTS
LANDSCAPING SERVICES, INC.
This Fifth Amendment (“Amendment No. 5”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Merchants Landscape Services Inc., a California corporation (“Contractor”) (collectively the “Parties”) is hereby entered into as of April 5, 2022 (“Effective Date”).
RECITALS
A. On September 1, 2018 , the City and Contractor entered into an agreement for professional services for the Contractor to provide landscape maintenance services (“Original Agreement”).
B. Contractor’s license number is 765658; Contractor’s DIR registration number is 1000004920.
C. On July 1, 2019, July 1, 2020, September 25, 2020 and May 17, 2021 the Parties entered into Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4, respectively, to the Original Agreement. Hereinafter, the Original Agreement, as previously amended, will be referred to as the “Agreement.”
D. The Parties now desire to amend the Agreement because significant landscaping services were reduced or suspended during the pandemic. This Amendment will increase Maximum Compensation by $325,000 for the fiscal year ending June 30, 2022 to restore and elevate parks and citywide landscaped areas to pre-COVID levels.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 7.A of the Agreement is hereby amended to increase the maximum compensation by $325,000 for the fiscal year ending June 30, 2022. In no event shall the total compensation paid to the Contractor exceed $967,644 during the fiscal year of July 1, 2021 through June 30, 2022.
Section 2. Except as specifically amended by this Amendment No. 5, all other provisions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 5 on the day and year first shown above.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Merchants Landscaping Service,
a California corporation
By: ____________________________
Name: Patrick Healy
Title: Regional Manager
By: ___________________________
Name: Mark Brower
Title: President