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HomeMy WebLinkAbout1995-329 . RESOLUTION NO. 95-329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC., RELATING TO TREE TRIMMING SERVICES TO EXTEND TERM OF AGREEMENT FOR THREE (3) YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a fourth amendment to the agreement with West Coast Arborists, Inc., relating to tree trimming services to extend term of agreement for three (3) years. The level of funding is contingent on Council approving the budget each year. SECTION 2. The authorization to execute the above referenced amendment to agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 1111 1111 / II / 1111 1111 1111 / II / 1111 1111 1111 1111 August 30, 1995 I (/:; ~ )'! 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST ARBORISTS, INC., RELATING TO TREE TRIMMING SERVICES TO EXTEND TERM OF AGREEMENT FOR THREE (3) YEARS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a regular 5 6 7 8 9 10 11 12 13 14 15 meeting thereof, held on the5th day of September , 1995, by the following vote, to wit: Councilmembers AYES NAYS ABSTAIN ABSENT NEGRETE x x CURLIN HERNANDEZ x x OBERHELMAN DEVLIN x POPE-LUDLUM x MILLER x 16 R. ca. hfL Cicv.Ju 17 6t !JCM1dAf,1-Jl'lllntU/ Dep<<% 18 The foregoing resolution is hereby approved this 711.. day of 19 Septemb<;L1995. ~~ / TOM MINOR, Mayor City of San Bernardino 20 21 Approved as to form and legal content: 22 23 24 25 26 27 28 James F. Penman, City Attorney August 30, 1995 2 '" -... 95-3.29 FOURTH AMENDMENT TO AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS FOURTH AMENDMENT to the agreement between WEST COAST ARBORISTS, INC. ("CONTRACTOR") and the City of San Bernardino ("CITY") is entered into as of this ,:2 { d- day of .J~/>-./ , 1995 WITNESSETH: WHEREAS, the parties entered into that certain agreement dated September 29, 1993, relating to tree trimming services, and WHEREAS, the parties entered into that certain First Amendment to Agreement dated December 21, 1993, and WHEREAS, the parties entered into the second amendment to Agreement dated May 19 1994, and WHEREAS, the parties entered into the third amendment to Agreement dated September 6, 1994, and WHEREAS, the parties agree to extend the agreement through September 19, 1998, and WHEREAS, the parties desire now to further amend said agreement, NOW, THEREFORE, the parties hereto agree as follows: SECTION 1. Of that certain agreement dated September 29,1993 between the parties as amended September 6, 1994, is further amended to read as follows: "Over the term of this agreement, CONTRACTOR shall be paid for such services for a total amount not to exceed $300,000 the first year of this agreement and subsequent years award will be determined by the allocation of funds designated for contract tree trimming as approved by Council. The Director of Public Services shall provide the Contractor with the listing of streets upon which the tree trimming services shall be performed." August 30, 1995 I ,d,:;~_ :> v J Jd/ ...,. '. 1 2 3 4 5 6 7 8 9 10 11 12 I 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOURTH AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS, INC. SECTION 2. Except as amended herein, said agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to agreement on the day and ate first above show. CITY OF SAN BERNARDINO By~~~f#/L Tom Minor, Mayor City of San Bernardino ATTEST: !J?:',,-Ad T ~RBOR.ISTS, INC. yf{~~ (<)L ,.I l. J ~'"?C'_. By: Patrick Mahoney, Pre dent Approved as to form and legal content: I James F. Penman City Attorney ..~1-.~ By: August 30, 1995 2