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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Parks, Recreation &
Community Services Dept.
Subject: Resolution authoring execution of
Amendment No. I to the Vendor Service
Agreement with Golden West Landscape
Contractor, and an increase in the amount of
funding to Contract Nos. 09-054, 09-047,
09-0048,09-049, and 09-053 issued to
Golden West, for landscape maintenance
services in Landscape Maintenance Districts
No. '"0", "F", "0", and "H" and "1",
MICC Meeting Date: February 2, 2009
From: Kevin Hawkins, Director
Date: January 13,2009
Synopsis of Previous Council Action:
May 5, 2008 - Council adopted Resolution No. 2008-140, authorizing execution of a Vendor
Service Agreement and execution of Contracts for landscape district maintenance services in the
amount of$93,633.88 to Golden West Landscape Contractor for eight and one-half months of
landscape maintenance services in Assessment District Areas "D", "F", "G", "H" & "I".
Recommended Motion:
Adopt Resolution.
!
Signature
Contact person: Ramon Mata
Phone: 5233
Supporting data attached:
yes
Ward: Wards 3.4&6
FUNDING REQUIREMENTS:
Amount: $200,259.00,
Source: \I~rinllC: Ac:c:p.c:c::mpnt nic::.trict I=llnd~
Acct. Description: Various Assessment Districts
Council Notes:
eo
Finance:
Z CJCJ9 -eX 0
Agenda Item No. J!i
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Interim City Manager to execute Amendment No. I to the Vendor Service Agreement with
Golden West Landscape Contractor, and the Director of Finance to increase the following
contracts by the stated amounts: Contract Nos. 09-054 (Area D - $12,176.00; 09-047 (Area F-
$11,708.00); 09-048 (Area G - $78,114.00; 09-049 (Area H - $92,558.00); and, 09-053 (Area
1- $5,703.00) to Golden West Landscape Contractor for landscape maintenance services in
Landscape Maintenance District Areas "D", "F", "G", "H" and "I" for the period February 2,
2009 through January 31, 2010.
Background:
On May 5, 2008, Council adopted Resolution No. 2008-140, which authorized execution of a
Vendor Service Agreement with Golden West Landscape Contractor in the amount of
$93,633.88 for landscape maintenance services in Landscape Maintenance District Areas "D",
"F", "G", "H" and "I". The term ofthe initial Agreement was for eight and one-half months,
from May 15,2008 through January 31, 2009. The Agreement also provided for two one-year
extensions of the Vendor Service Agreement on mutually agreeable terms.
Golden West Landscape Contractor has been performing landscape maintenance services
satisfactorily under contract for Landscape Maintenance District (LMD) Areas "D", "F", "G",
"H" and "I" since mid-May, 2008. The current Agreement term concluded on January 31,
2009.
Staff is requesting authorization to exercise the first of the two one-year extensions provided
for in the Vendor Service Agreement. The funding increase requested includes contingency
funding in the amount of$27,843.00 as well as funding in the amount of$33,200.00 for
supplemental work (see Exhibit 1, attached) that has been identified by the Parks Division staff
in the districts. Work covered under the contingency funding includes irrigation/sprinkler
replacement due to theft / vandalism, and emergency repairs to address equipment failure.
Supplemental work to be performed at the direction of the Parks Division staff includes
upgrades / replacement of plant material, such as turf, shrubs, and ground cover, etc.
The Vendor has agreed to the City's request for a 5% reduction in the payment for work
performed.
Financial Impact:
Funding in the amount of $200,259.00 is available in the various Assessment District accounts.
Recommendation:
Adopt Resolution.
Fiscal year 09/10
Landscape Maintenance Districts
Golden West Landscape Contractors
Exhibit I
Annual Cant. Amt. Contin!lencv Sunnlemental Total Contract
Area "0"
982 4,447.00 889.00 3,000.00 8,336.00
1060 3,200.00 640.00 3,84000
Totals 7,647.00 1,529.00 3,000.00 12,176.00
Area "FII
953 5,135.00 1,027.00 6,162.00
1029 3,372.00 674.00 1,500.00 5,546.00
Totals 8,507.00 1,701.00 1,500.00 11,708.00
Area "G"
974 1 ,939.00 387.80 2,326.80
975 2,428.00 485.60 2,500.00 5,413.60
981 1 0,838.00 2,167.60 3,000.00 16,005.60
986 13,626.00 2,725.20 1,000.00 17,351.20
989 3,219.00 643.80 1,000.00 4,862.80
1001 10,101.00 2,020.20 500.00 12,621.20
1007 1,875.00 375.00 500.00 2,750.00
1012 5,588.00 1,117.60 3,000.00 9,705.60
1020 1,154.00 230.80 1,000.00 2,384.80
1050 3,910.00 782.00 4,692.00
Totals 54,678.00 10,936.00 12,500.00 78,114.00
Area "H"
956 30,335.00 6,067.00 3,000.00 39,402.00
968 4,037.00 807.40 700.00 5,544.40
1016 1,934.00 386.80 1,000.00 3,320.80
1023 2,469.00 493.80 1,000.00 3,962.80
1027 14,353.00 2,870.60 5,00000 22,223.60
1045 9,866.00 1,973.20 2,000.00 13,839.20
1059 2,721.00 544.20 1,000.00 4,265.20
Totals 65,715.00 13,143.00 13,700.00 92,558.00
Fiscal year 09/10
Landscape Maintenance Districts
Golden West Landscape Contractors
Exhibit I
Annual Cant. Amt. Continaencv SUDDlemental Total Contract
Area "I"
1024 2,669.00 534.00 2,500.00 5,703.00
Totals 2,669.00 534.00 2,500.00 5,703.00
Grand Totals 139,216.00 27,843.00 33,200.00 200,259.00
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22 SECTION 3. That the authorization granted hereunder shall expire and be void and
RESOLUTION NO.
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
GOLDEN WEST LANDSCAPE CONTRACTOR, AND THE DIRECTOR OF
FINANCE TO INCREASE THE FOLLOWING CONTRACTS BY THE STATED
AMOUNTS: CONTRACT NOS. 09-054 (AREA "D") - $12,176.00; 09-047 (AREA "F") -
$11,708.00; 09-048 (AREA "G") - $78,114.00; 09-049 (AREA "H") - $92,558.00; AND, 09-
053 (AREA "I") - $5,703.00 ISSUED TO GOLDEN WEST LANDSCAPE
CONTRACTOR FOR LANDSCAPE MAINTENANCE SERVICES IN LANDSCAPE
MAINTENANCE DISTRICTS AREAS "D", "F", "G," "H" AND "I" FOR THE TERM
FEBRUARY 2, 2009 THROUGH JANUARY 31, 2010.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION!.
That the Interim City Manager is hereby authorized to execute
Amendment NO.1 to the Vendor Service Agreement with Golden West Landscape Contractor,
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 the stated amounts: Contract Nos. 09-054 (Area D) - $12,176.00; 09-
047 (Area F) - $11,708.00; 09-048 (Area G) - $78,114.00; 09-049 (Area H) - $92,558.00; and,
09-053 (Area I) - $5,703.00 issued to Golden West Landscape Contractor landscape
maintenance services in Landscape Maintenance District Areas "D" "F" "Goo "H" and "r',
, " ,
and
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of no further effect if the above referenced Amendment No.1 to the Vendor Service Agreement
with Golden West Landscape Contractor is not executed by both parties and returned to the
Office of the City Clerk within 30 days following effective date of the Resolution.
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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
GOLDEN WEST LANDSCAPE CONTRACTOR, AND THE DIRECTOR OF
FINANCE TO INCREASE THE FOLLOWING CONTRACTS BY THE STATED
AMOUNTS: CONTRACT NOS. 09-054 (AREA "D") - $12,176.00; 09-047 (AREA "F")-
$11,708.00; 09-048 (AREA "G") - $78,114.00; 09-049 (AREA "H") - $92,558.00; AND, 09-
053 (AREA "1") - $5,703.00 ISSUED TO GOLDEN WEST LANDSCAPE
CONTRACTOR FOR LANDSCAPE MAINTENANCE SERVICES IN LANDSCAPE
MAINTENANCE DISTRICTS AREAS "D", "F", "G," "H" AND "I" FOR THE TERM
FEBRUARY 2, 2009 THROUGH JANUARY 31, 2010.
] HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bemardino at a
meeting thereof, held 011 the day of , 2009, by the following
vote, to wit:
12 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2009.
Patrick J. Morris, Mayor
City of San Bemardino
Approved as to form:
James F. Penman, City Attomey
By:
Attachment 1
AMEND"MENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH GOLDEN WEST LANDSCAPE CONTRACTOR
This Amendment No.1 to Vendor Service Agreement is entered into on this _ day of
,2009 by and between Golden West Landscape Contractor ("VENDOR") and the City
of San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On May 5, 2008, Golden West Landscape Contractor and the City of San Bernardino entered
into a Vendor Service Agreement ("Agreement") for landscape maintenance services for
Landscape Maintenance District Areas "0", "F", "G", "H" and "I".
B. The CITY and the VENDOR now desire to amend the Agreement to increase the scope of
services and amount of compensation for work performed in Landscape Maintenance District
Areas "D", "F", "G~" "H" and "I", and to extend the term of the Agreement.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service Agreement, the parties
agree as follows:
1. SCOPE OF SERVICES is amended to include work covered by contingency funding, such as
irrigation/sprinkler replacement due to theft/vandalism and emergency repairs to address
equipment failure. Scope of Services shall also include work covered by supplemental funding,
such as upgrades I replacement of plant material, such as turf, shrubs, ground cover, etc., as
directed by Parks Division staff.
2. COMPENSA nON AND EXPENSES is amended to increase the amount of compensation by
an amount of$200,259.00 in the aggregate for landscape maintenance services performed in the
following Landscape Maintenance District Areas: Area "D" - $12,176.00; Area "F" -
$11,708.00; Area "G" - $78,114.00; and Area "H" - $92,558.00; and, Area "1"-
$5,703.00, increasing the initial stated compensation amount of $93,633 .88 (for the initial term
of eight and one-half months - May 15, 2008 through January 31, 2009) by $200,259 (for the
twelve month term - February 2, 2009 through January 31, 2010,) for a total compensation of
$293,892.88.
1
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH GOLDEN WEST LANDSCAPE CONTRACTOR
3. TERM; TERMINATION. The amended term of the Vendor Service Agreement is February 2,
2009 through January 31, 2010.
4. The 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.
Accepted
By:
CITY OF SAN BERNARDINO
PARKS, RECREATION AND
COMMUNITY SERVICES
Approved
By:
Mark Weinberg
Interim City Manager
Golden West Landscape Contractor
Title:
Date:
Date:
Approved by Mayor and Common Council
Date: February 2, 2009
Item No.
Approved as to form:
James F. Penman,
City Attorney
By:
I.~
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH GOLDEN WEST LANDSCAPE CONTRACTOR
This Amendment No.1 to Vendor Service Agreement is entered into on this _ day of
,2009 by and between Golden West Landscape Contractor ("VENDOR") and the City
of San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On May 5, 2008, Golden West Landscape Contractor and the City of San Bernardino entered
into a Vendor Service Agreement ("Agreement") for landscape maintenance services for
Landscape Maintenance District Areas "0", "F", "G", "H" and "I".
B. The CITY and the VENDOR now desire to amend the Agreement to increase the scope of
services and amount of compensation for work performed in Landscape Maintenance District
Areas "0", "'F", "G", "H" and "I", and to extend the term of the Agreement.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service Agreement, the parties
agree as follows:
I. SCOPE OF SERVICES is amended to include work covered by contingency funding, such as
irrigation/sprinkler replacement due to theft/vandalism and emergency repairs to address
equipment failure. Scope of Services shall also include work covered by supplemental funding,
such as upgrades / replacement of plant material, such as turf, shrubs, ground cover, etc., as
directed by Parks Division staff.
2. COMPENSA nON AND EXPENSES is amended to increase the amount of compensation by
an amount of $200,259.00 in the aggregate for landscape maintenance services performed in the
following Landscape Maintenance District Areas: Area "D" - $12,176.00; Area "F" -
$11,708.00; Area "G" - $78,114.00; and Area "H" - $92,558.00; and, Area "1"-
$5,703.00, increasing the initial stated compensation amount of$93,633.88 (for the initial term
of eight and one-half months - May 15,2008 through January 31, 2009) by $200,259 (for the
twelve month term - February 2, 2009 through January 31, 2010, ) for a total compensation of
$293,892.88.
I
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH GOLDEN WEST LANDSCAPE CONTRACTOR
3. TERM; TERMINATION. The amended term of the Vendor Service Agreement is February 2,
2009 through January 31, 2010.
4. The 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.
Accepted
By:
CITY OF SAN BERl'I\ARDINO
PARKS, RECREATION AND
COMMUNITY SERVICES
Approved
By:
Mark Weinberg
Interim City Manager
Golden West Landscape Contractor
Title:
Date:
Date:
Approved by Mayor and Common Council
Date: February 2, 2009
Item No.
Approved as to form:
James F. Penman,
City Attorney
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