CITY OF POMONA
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This THIRD AMENDMENT to the Agreement for Landscape Maintenance (“THIRD AMENDMENT”) is entered into on the 1st day of November 2023, by and between the City of Pomona (the “CITY”) and Parkwood Landscape Maintenance, Inc., (“CONSULTANT”), hereinafter referred to collectively as the “Parties.” Recitals
Whereas, on June 17, 2019, the Parties entered into Agreement for Professional Landscape Maintenance Services for an initial term of three years (the “AGREEMENT”), with two, one-year extension options of the AGREEMENT Term.
Whereas, the Agreement was for a term of 3 years, commencing August 1, 2019, to July 31, 2022.
Whereas, on August 1, 2022, the Parties entered into the First Amendment to the AGREEMENT (“FIRST AMENDMENT”) in order to extend the AGREEMENT term pursuant to City’s first extension option.
Whereas, on August 7, 2023, the City Council approved additional monies to increase the frequency of pressure washing services to address vandalism.
Whereas, on August 1st, 2023, the Parties entered into the SECOND AMENDMENT agreement in order to exercise the City’s second extension option as outlined in Section 3.1.2 of the AGREEMENT and to receive additional services related to vandalism at the Pomona Transit Center beginning August 1, 2023 through June 30, 2024. This amendment increased services from three times per week to seven times per week at an annual contract amount of $184,186.92.
Whereas, on November 20, 2023, the City Council approved additional monies to compensate for the underquoted bid originally submitted by the CONSULTANT for increased frequency of pressure washing services.
Whereas, the Parties now wish to enter into this THIRD AMENDMENT to increase total compensation to an annual contract amount of $132,132 for pressure washing services provided at seven times per week.
AMENDMENTS
Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
Compensation. The annual total for pressure washing services for the Pomona Transit Center (Metro North and. South Stations) shall be increased from Eighty-Five Thousand Dollars ($85,000.00) to an annual amount not-to-exceed $132,132. As a result, the total not to exceed compensation of the AGREEMENT shall also be increased to the amount of $860,226. Work shall be performed at the rates set forth in the AGREEMENT.
No Other Changes. Except as amended by this THIRD AMENDMENT, all provisions of the AGREEMENT, as previously amended, shall remain in full force and effect and shall govern the actions of the Parties under this THIRD AMENDMENT.
Counterparts. A manually signed copy of this THIRD AMENDMENT which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this THIRD AMENDMENT for all purposes.
Severability. If any part of this THIRD AMENDMENT is held to be unlawful or void, all other parts of this THIRD AMENDMENT shall remain effective.
SIGNATURE PAGE TO
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Now, therefore, the Parties hereto have executed this THIRD AMENDMENT as of the date set forth below:
CITY OF POMONA
Parkwood Landscape Maintenance, Inc.
By:
James Makshanoff
City Manager
Date:
By:
David Melito
President
print:
Date:
ATTEST:
By:___________________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ATTACHMENT NO. 1