CITY OF POMONA
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This FOURTH AMENDMENT to the Agreement for Landscape Maintenance (“FOURTH AMENDMENT”) is entered into on the 9th day of January 2024, by and between the City of Pomona (the “CITY”) and Parkwood Landscape Maintenance (“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”) commencing August 1, 2019 to July 31, 2022, with two, one-year extension options of the AGREEMENT Term.
Whereas, on August 1, 2022, the Parties entered into the First Amendment to the AGREEMENT in order to extend the AGREEMENT term pursuant to the 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 One Hundred Eighty Four Thousand One Hundred Eight Six Dollars and Ninety Two Cents. ($184,186.92).
Whereas, on November 20, 2023, the City Council retroactively approved additional monies to compensate for the underquoted bid originally submitted by the CONSULTANT for increased frequency of pressure washing services.
Whereas, on November 1st, 2023, the Parties entered into a THIRD AMENDMENT agreement to increase total compensation from Eighty-Five Thousand Dollars $85,000.00 to an annual contract amount of One Hundred Thirty Two Thousand One Hundred Thirty Two Dollars ($132,132) for pressure washing services provided at seven times per week at the revised bid price.
Whereas, on January 8, 2024, the City Council approved additional monies to provide ongoing maintenance services at Thirty-six (36) additional locations as part of the Clean California grant project at a rate of Two Thousand Nine Hundred Eighty-Four Dollars and Sixty-seven cents ($2,984.67) per month for seven months.
Whereas, on January 9, 2024, the Parties entered into a FOURTH AMENDMENT agreement to provide maintenance services at Thirty-six additional locations through July 31, 2024. The total cost for maintenance services at the new locations should not exceed Twenty Thousand Eight Hundred Ninety Three Dollars ($20,893) for 7 months, with the overall annual contract amount for pressure washing services at all locations not to exceed One Hundred Fifty Three Thousand Twenty-Five Dollars ($153,025).
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) and the addition of the Clean California grant project bus shelter and trash receptacles throughout Holt Avenue and Garey Avenue shall be increased from One Hundred Thirty Two Thousand One Hundred Thirty Two Dollars ($132,132) to an annual amount not-to-exceed One Hundred Fifty Three Thousand Twenty Five Dollars ($153,025). As a result, the total not-to-exceed compensation of the AGREEMENT shall also be increased from Eight Hundred Sixty Thousand Two Hundred Twenty Six Dollars ($860,226) to the amount of Eight Hundred Eighty One Thousand One Hundred Nineteen Dollars ($881,119). Work shall be performed at the rates set forth in the AGREEMENT.
No Other Changes. Except as amended by this FOURTH 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 FOURTH AMENDMENT.
Counterparts. A manually signed copy of this FOURTH 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 FOURTH AMENDMENT for all purposes.
Severability. If any part of this FOURTH AMENDMENT is held to be unlawful or void, all other parts of this FOURTH AMENDMENT shall remain effective.
Now, therefore, the Parties hereto have executed this FOURTH AMENDMENT as of the date set forth below:
CITY OF POMONA
Parkwood Landscape Maintenance, Inc.
By:
Anita Gutierrez
Acting 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
DRAFT ATTACHMENT NO. 1