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HomeMy WebLinkAbout2009-006 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 NO. 2009-6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE, AND THE DIRECTOR OF FINANCE TO INCREASE THE FOLLOWING CONTRACTS IN AN AMOUNT NOT TO EXCEED $64,000 IN THE AGGREGATE: CONTRACT NOS. 09-050 (AREA "A" - $12,500); 09-051 (AREA "BOO - $34,500); 09-054 (AREA "E" - $6,700); AND 09-055 (AREA "COO - $10,300) ISSUED TO SERVICE SCAPE TO COVER THE COSTS OF SUPPLEMENTAL WORK IN LANDSCAPE MAINTENANCE DISTRICTS AREAS "A", "BOO, "C,", AND "E". BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Interim City Manager is hereby authorized to execute Amendment No. I to the Vendor Service Agreement with Service Scape, a copy of which is attached hereto and incorporated herein as "Attachment I"; and SECTION 2. That the Director of Finance is hereby authorized to increase the following Contracts in an amount not to exceed $64,000 in the aggregate: Contract Nos. 09- 050 (Area "A" - $12,500); 09-051 (Area "B" - $34,500); 09-054 (Area "E" - $6,700); and 09- 055 (Area "c" - $10,300) issued to Service Scape to cover the costs of supplemental work in Landscape Maintenance District Area "A", "B", "c" and "E"; and SECTION 3. That the authorization granted hereunder shall expire and be void and of no further effect if the above referenced Amendment No.1 to the Vendor Service Agreement with Service Scape is not executed by both parties and returned to the Office of the City Clerk within 30 days following effective date of the Resolution. III III III III 2009-6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MCCAMMACK RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE, AND THE DIRECTOR OF FINANCE TO INCREASE THE FOLLOWING CONTRACTS IN AN AMOUNT NOT TO EXCEED $64,000 IN THE AGGRAGATE: CONTRACT NOS. 09-050 (AREA "A" - $12,500); 09-051 (AREA "Boo - $34,500); 09-054 (AREA "E" - $6,700); AND 09-055 (AREA "COO - $10,300) ISSUED TO SERVCE SCAPE TO COVER THE COSTS OF SUPPLEMENTAL WORK IN LANDSCAPE MAINTENANCE DISTRICTS AREAS "A", "Boo, "C,", AND "E". 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 20th day of January , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x VACANT KELLEY x JOHNSON x x -a~h.~_ ~ Rachel G. Clark, City Clerk 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this ,;)fsr day of January 2009. Approved as to form: Jame F. Penman, City Attorney r~ 2009-6 ATTACHMENT 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE This Amendment No.1 to Vendor Service Agreement is entered into on this 20th day of January , 2009 by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On May 5, 2008, Service Scape and the City of San Bernardino entered into a Vendor Service Agreement for landscape maintenance services for Landscape Maintenance District Areas "A", "B", "C" and "E," B. The CITY and the VENDOR now desire to amend the Agreement to increase the scope of services, as outlined in Exhibit A, "Additional Scope of Services associated with Amendment No.1 to Vendor Service Agreement with Service Scape," attached, and the compensation by an amount not to exceed $64,000 for supplemental work performed in Landscape Maintenance District Areas "A", "B", "c" and "E." AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: I. SCOPE OF SERVICES is hereby amended to include supplemental work as required in the various Landscape Maintenance Districts, as set forth in the "Additional Scope of Services Associated with Amendment No. 1 to Vendor Service Agreement with Service Scape" attached hereto and incorporated herein as Exhibit "A". 2. COMPENSATION AND EXPENSES is amended to increase the amount of compensation by an amount not to exceed $64,000 for supplemental work performed in the following Landscape Maintenance District Areas as follows: Area "A" - $12,500; Area "B" - $34,500; Area "C" - $10,300; and Area "E" - $6,700; and increasing the initial stated compensation amount of $353,085.75 by $64,000, for a total compensation of$4l7,085.75. 2009-6 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE 3. All other provisions of the Vendor Service Agreement are reaffirmed as originally stated. IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. ~~~epted J) .~ Title: 0 \.c...J__>c::::l z:..- ~ CITY OF SAN BERNARDINO PARKS, REC ION AND CO CES Approved By: Mark Weinberg Interim City Manager SERVICE SCAPE Date: z... - ~ ----03 Date: 1/zZ./0'7 I I Approved by Mayor and Common Council Date: January 20, 2009 Item No. ,,:J.() Approved as to form: James F. Penman, City Attorney By: f-. 2009-6 Exhibit A Additional Scope of Services Associated with Amendment No.1 To Vendor Service Agreement With Service Scape Pursuant to Resolution No. 2008-140, Service Scape has been performing landscape maintenance services under contract for Landscape Maintenance District (LMD) Areas "A", "B", "c" and "E" since mid-May, 2008. During this contract year there has been an unusual amount of supplemental work required in the landscape maintenance districts, primarily resulting from fire damage, followed by flood damage in Areas "A", "B" and "e". The Scope of Work is hereby expanded in Areas "A", "B" and "c" to include Supplemental work required to address fire/flood damage including the following: remove mud and silt from debris basins, address soil erosion issues, replant the areas damaged by frre/flood, remove burned trees in the buffer zone, and trim trees and shrubs to reduce fire liability. Additionally, remove volunteer trees and shrubs, upgrade irrigation systems to new standards, and extend the buffer zones, per the Fire Marshal's recommendation (Memo from Fire Marshal, dated June 11, 2007, attached). In addition, the Scope of Work is expanded to include supplemental work that has resulted from the City assuming Landscape Maintenance District No. 1041 and No. 1047, as well as an increased area in LMD No.1 036, that were not anticipated at the time that the contracts were prepared in May, 2008, as well as supplemental work in Area "E" involving extensive ground cover replacement and irrigation installation. 2009-6 SAN BERNARDINO CITY FIRE DEP ART~.'lENT INTEROFFICE MEMORANDUM Subject: Jim Gondos, Parks Project Supervisor Doug Dupree, Fire Marshal ~ UvlD Damage Ridgeline Road To: From: Date: June 11,2007 Copies: file On June 7, 2007, we inspected the damage caused to the LMD on Ridgeline due to the Miramonte fire. As a result the Fire Department is recommending that the palm and pine trees that were identified as severely damaged be removed immediately. The trees that were not heavily damaged by the fire suffered radiate heat that significantly removed the moisture in the trees causing them to dry rapidly. These trees pose an immediate hazard to homes in the area due to this drying effect. You have committed to replanting the area with trees that are fire resistive. Additionally, you have indicated that the LMD on the south side of Ridgeline will be replanted and the irrigation system repaired. This LMD to be replanted with fire resistant ground cover. Any palm trees or pine trees in the LMD may be removed with approval of the resident adjacent to the LMD. I have asked to meet you on June 11,2007, at the site to discuss the provisions of this memo to ensure that we are in agreement as to which trees are to be removed. As to the LMD surrounding properties in the valley of the Little Mountain area you have indicated that this will also be replanted with any damaged sprinkler systems repaired.