HomeMy WebLinkAbout09 APPROVE AMENDMENT NO 4. TO THE AGREEMENT WITH DIAMOND CONTRACT SERVICESA ends Item
_ ~ AGENDA REPORT Reviewed:
.~.,~' City Manager
Finance Director
MEETING DATE: JULY 6, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE AMENDMENT NO. 4 TO THE AGREEMENT WITH DIAMOND
CONTRACT SERVICES, INC. FOR CUSTODIAL SERVICES
SUMMARY
Approval of amendment No. 4 will extend the Agreement for Custodial Services with Diamond
Contract Services, Inc. from July 1, 2010 to June 30, 2011 with no price increase.
RECOMMENDATION
It is recommended the City Council approve Amendment No. 4 to the Agreement between
Diamond Contract Services, Inc. and the City of Tustin for custodial services.
FISCAL IMPACT
The value of this contract is $240,338. Sufficient funds have been budgeted and appropriated in
this Fiscal Year 2010-2011 Public Works Department operating budget.
BACKGROUND
The City has contracted with Diamond Contract Services, Inc. since October 1, 2006 for custodial
services at City facilities. The original agreement was fora 9-month period with three 1-year term
extensions available to the City. Diamond has waived a scheduled Consumer Price Index
adjustment and compensation will remain at the existing level. Total compensation shall not
exceed $240,338.
Diamond Contract Services, Inc. has provided consistent service of acceptable quality over the last
four years and staff is recommending that the City Council extended the current contract with the
approval of Amendment No. 4.
Dula S. Stack, P.E. hurchill
Dir , tpt' of Public Works/City Engineer Field Services Manager
Attachment: Amendment to Contract Agreement
AMENDMENT TO
CONTRACT AGREEMENT
THIS AMENDMENT is entered into the day of 2010, by and between
the City of Tustin, a municipal corporation (herein referred to as "City"}, and Diamond
Contract Services, 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 August 7,
2006 (the "Agreement"), wherein Contractor agreed to perform custodial services
in accordance with the Agreement and specifications entitled "Custodial
Services" for the period from August 2, 2006 to June 30, 2007;
B. WHEREAS, the initial term of the Agreement was nine {9) 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 June 25, 2007 and extended the Agreement until June 30, 2008;
D. WHEREAS, City and Contractor entered into the Second Amendment to the
Agreement on April 15, 2008 and extended the Agreement until June 30, 2009;
E. WHEREAS, City and Contractor entered into the Third Amendment to the
Agreement on July 1, 2009 and extended the Agreement until June 30, 2010;
F. WHEREAS, City has exhausted the three consecutive 1-year options to renew;
AGREEMENT
The Agreement is hereby amended as follows:
A. City and Contractor agree to extend the Agreement for a period of one (1) year,
through June 30, 2011, unless sooner terminated under the "Termination of
Contract Agreement" referenced in Section B of the Agreement, which states:
"The City reserves the right to terminate this Contract Agreement at any
time with or without cause upon thirty (30) days written notice to
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Contractor, except that where termination is due to the fault of the
Contractor and constitutes an immediate danger to the health, safety and
general welfare, the period of notice shall be such shorter time as may be
appropriate. Upon receipt of the notice of termination Contractor shall
immediately cease all services hereunder except such as may be
specifically approved by the City. Contractor shall be entitled to
compensation for all services rendered prior to receipt of the notice of
termination and for any services authorized by City thereafter. 1f
termination is due to the failure of the Contractor to fulfill its obligations
under this Contract Agreement, City may take over the work and
prosecute the same to completion by contractor otherwise, and the
Contractor shall be liable to the extent that the totaE cost for completion of
the services required hereunder exceeds the compensation herein
stipulated, provided that the City shall use reasonable efforts to mitigate
damages and City may withhold any payments to the Contractor for the
purpose of set-off or partial payment of the amounts owed to City."
B. City shall pay the Contractor the following sums for the periods indicated:
From July 1, 2010 through June 30, 2011, the City shall pay the
Contractor, on a monthly basis, an amount equal to $20,028. The total
sum for this time period shall not-ta-exceed $240,338.
C. Except as expressly amended by this Amendment, all other terms and conditions
of the Agreement and all attachments and exhibits thereto,. shall remain in full
force and effect.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the year and date second above written.
THE CITY OF TUSTIN
BY:
(Seal) Mayor of the City of Tustin
ATTEST:
City Clerk of the City Tustin
APPROVED AS TO FORM
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C ty Attorney Date
APPROVED AS TO CONTENT:
Public Works Director Date
CONTRACTOR
Firm Name: Diamond Contract Services, Inc.
(Seal
BY:
Derek C. Smith
TITLE: President
ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORISED PERSON (S)
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