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HomeMy WebLinkAbout07 AMEND TRUGREEN 04-21-03AGENDA REPORT Agenda Item 7 Reviewed: City Manager Finance Director MEETING DATE: APRIL 21, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/FIELD SERVICES DIVISION CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE SUMMARY Approval of the third contract amendment with Trugreen LandCare, will extend the agreement for landscape maintenance services for the Assessment District areas for the period from July 1, 2003 to June 30, 2004, and will provide a price increase of 3%. RECOMMENDATION It is recommended that the City Council approve the third amendment to the contract agreement between Trugreen LandCare and the City of Tustin for landscape maintenance services for the Assessment District areas, subject to City Attorney approval. FISCAL IMPACT Adequate funds will be requested in the 2003~2004 Fiscal Year budget to cover the cost of the proposed 3% adjustment. DISCUSSION The City has contracted with Trugreen' LandCare since July 1, 2000 for maintenance of all Assessment District areas. The original agreement was for a l-year period with three l-year extensions available to City. This contract amendment would extend the agreement for the third and final l-year extension from July 1, 2003 through June 30, 2004 and would grant the contractor a negotiated 3% increase which is less than the adjustment in the Consumer Price Index. The contractor will be compensated a sum not to exceed $197,942.43 for the period from July 1, 2003 through June 30, 2004 or $16,495.20 per month. Trugreen LandCare has provided consistent service of a reasonable quality over the last three years and has been very responsive in the correction of any service that was not up to City standards. The implementation of the extension will allow the City to receive the same level of service. Tim D. Serlet Director of Public Works/City Engineer TDS:WA:ccg:Contract amend Trugreen 4-21-03.doc. Attachment THIRD AMENDMENT TO CONTRACT AGREEMENT THIS THIRD AMENDMENT is entered into this day of ., 2003, by and between the City of Tustin, a Municipal Corporation (herein referred to as "City"), and TruGreen Land Care, 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 July 1, 2000, 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 Areas"; B. WHEREAS, the initial term of the Agreement was one year, 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 August 20, 2001; and extended the Agreement until June 30, 2002; D. WHEREAS, City and Contractor entered into the second Amendment to the Agreement on July 1, 2002; and extended the Agreement until June 30, 2003; 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 one year; F. WHEREAS, City and Contractor also desire to adjust Contractor's compensation under this Agreement, to reflect a 3% increase effective July 1, 2003 for the 2003/2004 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 2, "Extension of the Term of Contract" AGREEMENT The Agreement is hereby amended as follows: mo The term of the Agreement is extended for the final one year extension, through June 30, 2004, unless sooner terminated pursuant to Section D, Page D-8, Item 6-5 of the Agreement. B. City shall pay the Contractor the following sums for the periods indicated: 1. From July 1, 2003 to June 30, 2004, the City shall pay the Contractor, on a monthly basis, an amount equal to $16,495.20. 2. City shall pay the Contractor a sum not to exceed $197,942.43 for the period From July 1, 2003, to June 30, 2004. C. Except as expressly amended by this Third Amendment, all other terms and conditions of the Agreement and all attachments and exhibits thereto, shall remain in full force and effect. 1 SSFIELD SERVICES~Admin Files\CONTRACT~Landscape\TruGreen\03TruGreen. Cntrct Amndment.doc IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN (Seal) BY: Mayor of the City of Tustin ATTEST: City Clerk of the City of Tustin APPROVED AS TO FORM: City Attorney Date APPROVED AS TO CONTENT: Public Works Director Date (Seal) CONTRACTOR Firm Name: BY: TruGreen Land Care David G. Evans TITLE: Branch Manager ATTACH PROPER NOTARY ACKNOWLEDGMENT FOR SIGNATURES OF AUTHORIZED PERSON (S) S:~FIELD SERVICES~Admin Filcs\CONTRACT~Landscap¢\TruGre~n\03TruGreen. Cntrct Amndment.doc