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AMENDMENT NO. 4 TO THE TREE MANAGEMENT SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND WEST COAST
ARBORISTS, INC.
This Fourth Amendment (“Amendment No. 4”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor”) (collectively, the “Parties”). The date the City Council approves this Amendment shall be the date this Amendment is effective (“Effective Date”).
RECITALS
A. On December 18, 2019, the City and Contractor entered into an Agreement (“Original Agreement”) for the Contractor to provide tree management services;
B. On April 5, 2022, the Parties entered into Amendment No. 1 to the Agreement (“Amendment No. 1”) to add a one-time additional compensation of $300,000 in order to restore the City tree canopy to pre-Covid levels; C. On July 20, 2023, the Parties entered into Amendment No. 2 to the Agreement (“Amendment No. 2”) to extend the term of the Agreement through June 30, 2024 and increase the annual maximum compensation by $8,940.00 for a total annual maximum compensation of $306,940; and
D. On April 3, 2024, the Parties entered into Amendment No. 3 to the Agreement (“Amendment No. 3”) to extend the term of the Agreement through December 31, 2024, increase the Maximum Compensation by $65,960.00 for as- need Extra Work for a new total Maximum Compensation of $2,171,840, and amend Exhibit B, Fee Schedule of the Agreement to Exhibit B-1.The Original Agreement as amended by Amendment No. 1 Amendment No. 2 and Amendment No. 3 is hereinafter referred to as the “Agreement.”
E. The Parties now desire to amend the Agreement to increase the total Maximum Compensation.
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, Compensation, of the Agreement is hereby revised to increase the total Maximum Compensation amount by $200,000.00, for a new total Maximum Compensation of $2,371,840.00.
Section 2. Except as specifically amended by this Amendment No. 4, all other provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: E5F46B88-7D29-42B6-AC4F-ABC091A297BF
-2- Approved for use 6/1/23
2817434v1.doc City of MB Form
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: E5F46B88-7D29-42B6-AC4F-ABC091A297BF
-3- Approved for use 6/1/23
2817434v1.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 4 on the day and year first shown above.
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
Contractor:
West Coast Arborists, Inc.
a California corporation
By:
Name: Patrick Mahoney
Title: President
By:
Name: Richard Mahoney
Title: Secretary
DocuSign Envelope ID: E5F46B88-7D29-42B6-AC4F-ABC091A297BF 5/9/2024
5/9/2024
5/9/2024
5/10/2024