CITY OF POMONA
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This SECOND AMENDMENT to the Agreement for Weed Abatement and Pest Control (“SECOND AMENDMENT”) is entered into on the 1st day of November 2022, by and between the City of Pomona (the “CITY”) and Lawnscape Systems, Inc., (“CONTRACTOR”), hereinafter referred to collectively as the “Parties.” Recitals
Whereas, on October 19, 2020, the City Council approved the award of a contract for Citywide Weed Abatement and Minor Insect and Pest Control Services to CONTRACTOR for an initial term of one year (the “AGREEMENT”), with two, one-year extension options; Whereas, the initial term of the AGREEMENT commenced November 1, 2020 and continued through October 31, 2021 at an annual amount of $87,500; Whereas, Section 3 of the Agreement authorizes two (2) twelve-month extensions. The City granted an extension between November 1, 2021 to October 31, 2022 via purchase order at an annual amount of $87,500 Whereas, on November 1, 2022, the Parties entered into the FIRST AMENDMENT to extend the term of the Agreement through October 31, 2023 and increase the total annual compensation to $94,237.50 per the Consumer Price Index of 7.7%.
Whereas, the Parties now wish to enter into this SECOND AMENDMENT to update and correct the total not-to-exceed contract amount to $269,238. The not-to-exceed amount listed in the initial agreement was meant to be an annual amount, not a total contract amount. Extensions have been granted to Lawnscape; however, language regarding the contract amount needs to be clarified via this amendment.
AMENDMENTS
Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
Compensation. The total not to exceed compensation of the AGREEMENT shall be increased to the amount of $269,238. Work shall be performed at the rates set forth in the AGREEMENT.
No Other Changes. Except as amended by this SECOND 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 SECOND AMENDMENT.
Counterparts. A manually signed copy of this SECOND 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 SECOND AMENDMENT for all purposes.
Severability. If any part of this SECOND AMENDMENT is held to be unlawful or void, all other parts of this SECOND AMENDMENT shall remain effective.
SIGNATURE PAGE TO
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Now, therefore, the Parties hereto have executed this SECOND AMENDMENT as of the date set forth below:
CITY OF POMONA
Lawnscape Systems, Inc.
By:
Anita D. Gutierrez
Acting City Manager
Date:
By:
Richard Wills
President
print:
Date:
ATTEST:
By:___________________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DRAFT ATTACHMENT NO. 1