CITY OF POMONA
FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT
This FIRST AMENDMENT to the Agreement for Occupied Space Landscaping and Amenity Maintenance Services (“FIRST AMENDMENT”) is entered into on the 29th day of February 2024, by and between the City of Pomona (the “CITY”) and Merchants Landscape Services, Inc. (“CONTRACTOR”), hereinafter referred to collectively as the “Parties.” Recitals
Whereas, on March 1, 2021, the Parties entered into Agreement for Occupied Space Landscaping and Amenity 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 March 1, 2021, to February 28, 2024.
Whereas, the Parties now wish to enter into this FIRST AMENDMENT in order to extend the AGREEMENT through February 28, 2025, pursuant to the City’s first extension option as outlined in Section 1 of the AGREEMENT, provide terms to authorize Extra Work if needed, increase the total not-to-exceed compensation amount with a 2.8% Consumer Price Index adjustment, and increase frequency of restroom maintenance services.
AMENDMENTS
Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
Term. The term of the AGREEMENT shall be extended through February 28, 2025, unless earlier terminated.
Addition of Section 3(A) to the Agreement. Section 3(A) is hereby added to the AGREEMENT to read as follows:
“A. At any time during the term of this AGREEMENT, CITY may request that CONTRACTOR perform Extra Work. As used herein, “Extra Work” means any work which is determined by CITY to be necessary for the proper completion of the Project, but which PARTIES did not reasonably anticipate would be necessary at the execution of this AGREEMENT. Contractor shall not perform, nor be compensated for Extra Work without written authorization from City’s Representative. All Extra Work shall be compensated at the rates and manner set forth in this AGREEMENT.” Compensation. Pursuant to Section 6(A) of the AGREEMENT, the annual compensation amount shall be increased by Forty-Five Thousand Five Hundred Five Dollars and Ninety Four Cents ($45,505.94) based on the Consumer Price Index adjustment of 2.8% for existing services. Pursuant to Section 6(B) of the AGREEMENT, the annual compensation amount shall be increased by ($127,596.00) for a higher level of frequency of restroom maintenance services. As a result, the total not-to-exceed annual compensation of the AGREEMENT will increase to the amount of One Million Seven Hundred Ninety Eight Thousand Three Hundred Thirteen Dollars and Ninety Cents ($1,798,313.90).
No Other Changes. Except as amended by this FIRST 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 FIRST AMENDMENT.
Counterparts. A manually signed copy of this FIRST 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 FIRST AMENDMENT for all purposes.
Severability. If any part of this FIRST AMENDMENT is held to be unlawful or void, all other parts of this FIRST AMENDMENT shall remain effective.
Now, therefore, the Parties hereto have executed this FIRST AMENDMENT as of the date set forth below:
CITY OF POMONA
MERCHANTS LANDSCAPE SERVICES, INC.
By:
Anita D. Gutierrez
Acting City Manager
Date:
By:
Mary Brower
President
print:
Date:
ATTEST:
By:___________________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DRAFT ATTACHMENT NO. 2