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HomeMy WebLinkAbout05 AMEND CONT W/SPECTRUMCARE 05-19-09Agenda Item 5 Reviewed: AGENDA REPORT City Manager ~~ ~ ~ `-, ==~4~' Finance Director NIA MEETING DATE: MAY 19, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. SUMMARY Approval of the third 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, 2009 to June 30, 2010, and will provide a price increase of 0.1 %. RECOMMENDATION It is recommended that the City Council approve the third 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 2009/2010 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 third year of three 1-year extensions from July 1, 2009 through June 30, 2010, and would grant the contractor a 0.1 % increase in compensation in accordance with the annual increase in Consumer Price Index for the Los Angeles, Orange and Riverside Counties. The Contractor will be compensated a sum not-to-exceed $335,187.96 for the period from July 1, 2009 to June 30, 2010. SpectrumCare Landscape & Irrigation Management, Inc. has provided consistent service of reasonable quality over the last two and a half years, and has been 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. ~~~j Tim D. Serlet Director of Public Works/City Engineer _, ~ a urchill Field Services Manager Attachment (1) S:\City Council Items\2008 Council Items\Third Amend Spectrum Contract LLD.doc THIRD AMENDMENT TO CONTRACT AGREEMENT THIS THIRD AMENDMENT (The "Amendment") is entered into the day of 2009, 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 entered into the Second Amendment to the Agreement on July 1, 2008 and extended the Agreement until June 30, 2009. E. 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 third and final year; F. WHEREAS, City and Contractor also desire to adjust Contractor's compensation under this Agreement to reflect a 0.1 % increase effective July 1, 2009 for the 2009/2010 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 third and final one-year extension, through June 30, 2010 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, 2009 to June 30, 2010, the City shall pay the Contractor, on a monthly basis an amount equal to $27,932.33. 2. City shall pay the Contractor a sum not-to-exceed $335,187.96 for the period from July 1, 2009 to June 30, 2010. C. Except as expressly amended by this third and final 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. THE CITY OF TUSTIN BY: (Seal) APPROVED AS TO FORM City Attorney APPROVED AS TO CONTENT: Public Works Director Mayor of the City of Tustin ATTEST: City Clerk of the City Tustin Date 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)