Cities Index.
Mariposa First Amendment

Signal Hill City Council
August 22, 2023

Document
Mariposa First Amendment
Meeting
August 22, 2023
Body
Signal Hill City Council
Original file
34 KB
Text extracted from the city's file for reading and search. Open the original on cityofsignalhill.legistar1.com. That file is the official record.

CITY OF SIGNAL HILL

FIRST AMENDMENT TO

MAINTENANCE SERVICES AGREEMENT
Parties and Date.

This First Amendment to the Maintenance Services Agreement (“First Amendment”) is entered into on the 22nd day of August, 2023, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and Mariposa Landscapes, Inc., a California corporation, with its principal place of business at 6232 Santos Diaz St., Irwindale California 91702 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Recitals.

Agreement. The Parties entered into that certain Agreement for Maintenance Services dated September 13, 2022 (“Agreement”).

First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the compensation amount, and increase the scope of services.

Terms.

Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
“The term of this Agreement shall be from October 1, 2023, to October 1, 2024, unless earlier terminated as provided herein. At City’s sole discretion, this term may be extended by up to 180 calendar days with the approval of the City’s Director of Public Works. Any extension of the term beyond April 1, 2025, shall be made in writing as an amendment to the Agreement. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.” Payment of Compensation. Section 3.3.2 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Thirty-Nine Thousand Nine Hundred Forty-One Dollars and Thirteen Cents ($539,941.13) over the term of the Agreement without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibits “C, C-1, and C-2” are replaced in their entirety and attached hereto.

3.4 Additional Scope of Work. Exhibit “A-4” is hereby added to the scope of services and attached herein.

Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF SIGNAL HILL
Mariposa Landscapes, Inc.

By:

Carlo Tomaino
City Manager
By:
[INSERT NAME AND TITLE]
[If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] ATTEST:

By:

Daritza Gonzalez
City Clerk
By:
[INSERT NAME AND TITLE]
APPROVED AS TO FORM:

By:

Matthew E. Richardson
Best Best & Krieger LLP
City Attorney
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