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HomeMy WebLinkAbout07 AMEND CONT W/SPECTRUMCARE 04-15-08AGENDA REPORT MEETING DATE: APRIL 15 , 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/FIELD SERVICES DIVISION SUBJECT: CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. SUMMARY Approval of the second contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. will extend the agreement for landscape maintenance services for the Landscape and Lighting District for the period from July 1, 2008 to June 30, 2009, and will provide a price increase of 3.3%. RECOMMENDATION It is recommended that the City Council approve the second amendment to the contract agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for the Landscape and Lighting District, subject to City Attorney approval. FISCAL IMPACT Adequate funds will be requested in the City of Tustin's Assessment District Budget for the 2008/2009 Fiscal Year to cover the cost of the contract. DISCUSSION The City has contracted with SpectrumCare Landscape & Irrigation Management, Inc. since January 1, 2007 for maintenance of all of the Landscape Assessment District areas. The original agreement was for a 6-month period with three 1-year extensions available to City. This contract amendment would extend the agreement for the second year of three 1-year extensions from July 1, 2008 through June 30, 2009, and would grant the contractor a 3.3% increase in compensation, which is in line with the Consumer Price Index for the Los Angeles, Orange and Riverside counties. The Contractor will be compensated a sum not-to-exceed $334,853.16 for the period from July 1, 2008 to June 30, 2009. SpectrumCare Landscape & Irrigation Management, Inc. has provided consistent service of reasonable quality over the last year and a half, and has been very responsive in upgrading the maintenance standards when needed. The implementation of this extension will allow the contractor to continue to provide the same quality and responsiveness to the City. Tim D. Serlet Director of Public Works/City Engineer Attachment (1) Wisam Altowaiji Field Services Manager S:\City Council Items\2008 Council Items\Second Amend Spectrum Contract LLD.doc SECOND AMENDMENT TO CONTRACT AGREEMENT THIS SECOND AMENDMENT (The "Amendment") is entered into the day of 2008, by and between the City of Tustin, A municipal Corporation (herein referred to as "City"), and SpectrumCare Landscape & Irrigation Management, Inc., a California corporation, (herein referred to as "Contractor"). This Amendment is made with reference to the following: RECITALS A. WHEREAS, City and Contractor entered into an Agreement dated November 20, 2006 the "Agreement", wherein Contractor agreed to perform landscape maintenance services in accordance with the Agreement and specifications entitled "Annual Landscape Maintenance Services for the Assessment District." B. WHEREAS, the initial term of the Agreement was 6 months, with the option to be extended for three additional one-year terms by written agreement of the parties; C. WHEREAS, City and Contractor entered into the First Amendment to the Agreement on July 1, 2007 and extended the Agreement until June 30, 2008. D. Whereas, City and Contractor desire to exercise the extension clause pursuant to Section D, Page D-2, Paragraph 4, "Length of Contract", Item B, to extend the Agreement for second year; E. WHEREAS, City and Contractor also desire to adjust Contractor's compensation under this Agreement to reflect a 3.3% increase effective July 1, 2008 for the 2008/2009 fiscal year. This increase will reflect the rise in the Consumer Price Index, for Los Angeles, Orange and Riverside Counties, pursuant to Section D, Page D-3, Paragraph 6, "Extension of Terms of Contract". AGREEMENT The Agreement is hereby amended as follows: A. The term of the agreement is extended for the second one-year extension, through June 30, 2009 unless sooner terminated pursuant to Section D, Page D- 9; Item 6-5 of the Agreement. B. City shall pay the Contractor the following sums for the periods indicated: 1. From July 1, 2008 to June 30, 2009, the City shall pay the Contractor, on a monthly basis an amount equal to $27,904.43. 2. City shall pay the Contractor a sum not-to-exceed $334,853.16 for the period from July 1, 2008 to June 30, 2009. C. Except as expressly amended by this second amendment, all other terms and conditions of the Agreement and all attachments and exhibits thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. BY: THE CITY OF TUSTIN (Seal) Mayor of the City of Tustin ATTEST: City Clerk of the City Tustin APPROVED AS TO FORM City Attorney Date APPROVED AS TO CONTENT: Public Works Director Date CONTRACTOR Firm Name: SpectrumCare Landscape and Irrigation Management, Inc. (Seal) BY: John Hall TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S)