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Att. 4 - First Amendment to Agreement for Infields and Track Maintenance

San Clemente City Council
June 16, 2026

Document
Att. 4 - First Amendment to Agreement for Infields and Track Maintenance
Meeting
June 16, 2026
Body
San Clemente City Council
Original file
37 KB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar1.com. That file is the official record.

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

INFIELDS AND TRACK
This First Amendment to the Agreement for Maintenance Services for Infields and Track (this “First Amendment”) is made and entered into on this ____ day of ____________, 2026, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Professional Sports Field Maintenance, Inc. (PSFM), a California corporation with its principal place of business located at 29466 Ridge Road, San Juan Capistrano, CA 92675 (“Contractor”).

R E C I T A L S:

City and Contractor entered into that certain Agreement for Maintenance Services for Infields and Track (the “Agreement”) on or about June 20, 2023.

Section 3.1.2 of the Agreement specifies an initial term of July 1, 2023 through June 30, 2026, and the City’s unilateral option to extend the Agreement term by up to two (2) additional one-year terms.

City and Contractor desire to amend the Agreement to exercise the first one-year term extension to provide for Infields and Track maintenance services from July 1, 2026 to June 30, 2027.

Section 3.3.5 of the Agreement specifies the rate set forth may be adjusted each year at the time of renewal.

Contractor submitted a proposal dated December 15, 2025 requesting to increase the annual cost for this first one-year term extension.

City and Contractor desire to amend the Agreement to apply a 4.0% consumer price index cost increase and increase the Total Per Year base cost from $510,000 for the initial term, to $530,400 for the first one-year term extension of July 1, 2027 through June 30, 2027, plus $25,000 in supplemental services, for a total not to exceed Per Year cost of $555,400.

City and Contractor desire to amend the Agreement in the manner provided herein.

Covenants
The Parties agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2023 and shall continue and remain in effect until June 30, 2027, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year term. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Bid Proposal Form in Exhibit “B” attached hereto and incorporated herein by reference. The annual compensation for the initial term through June 30, 2026 shall not exceed Five Hundred Ten Thousand Dollars ($510,000.00), plus a Twenty Five Thousand Dollar ($25,000.00) annual supplement, for a total not to exceed per year cost of Five Hundred Thirty Five Thousand Dollars ($535,000.00), without prior written approval of City Council or City Manager, as appropriate. The annual compensation for the First Amendment to the Agreement, from July 1, 2026 through June 30, 2027, shall not exceed Five Hundred Thirty Thousand Four Hundred Dollars ($530,400), plus a Twenty Five Thousand Dollar ($25,000.00) annual supplement, for a total not to exceed per year cost of Five Hundred Fifty-Five Thousand Four Hundred Dollars ($555.400) for the first extended term, without prior written approval of City Council or City Manager, as appropriate. The rates set forth in Exhibit B to the Agreement shall be adjusted by four percent (4%) for the first extended term from July 1, 2026 through June 30, 2027. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures, effective as of the date first written above.

CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
Dated: __________________, 2026
ATTEST:
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
PROFESSIONAL SPORTS FIELD MAINTENANCE, INC.,
a California Corporation
(“CONTRACTOR”)
Contractor’s License Number 929290
By:

Jesus Moreno, CEO, Secretary and CFO
Dated: , 2026
55452.01100\31090125.5 2 of 3 03/30/26
i:\cy\secure\maintservices\contracts - new 2018 & newer\- 2026 extensions - for 06.30.26 expirations\..1st extensions 2026\3 - infields & track\first amdt to msa - infields track - contract c23-32 03.18.26 sw (cao review 032726).docx 4926-0476-7388 v2 2 of 5 08/21/25
c:\users\millerk\appdata\local\microsoft\windows\inetcache\content.outlook\rumc06xv\draft first amdt to msa - infields track - contract c23-32 03.18.26 sw (cao review 032726).docx Attachment 4

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