HomeMy WebLinkAbout05.N- Parks, Recreation & Community Services RESOLUTION (ID # 2954) DOC ID: 2954 B
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Purchase Order
From: Mickey Valdivia M/CC Meeting Date: 03/17/2014
Prepared by: Demetra Moore, (909) 384-5233
Dept: Parks, Recreation & Community Ward(s): All
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment No. One to the Vendor Services Agreement Between the City of San
Bernardino and EZ Sunnyday Landscape for Park Maintenance Services. (#2954)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: 750,000.00 Account No. 001-380-0072-5502
Account Description: Professional/Contractual Services
Balance as of: 647,450.00
Balance after approval of this item: 629,900.00
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No prior action taken.
Background:
The Parks, Recreation, and Community Services Department (hereinafter "Parks Department") is
responsible for maintaining approximately 442 acres of park land. Currently, the Parks
Maintenance Division (hereinafter "Parks Maintenance") is maintaining 40 acres of park land per
employee. Additional assistance maintaining parks was an explored and adopted option by the
Parks Department.
On June 13, 2013,partial responsibility of park maintenance was given to local landscape
contractors in an effort to adequately maintain city-wide parks. Several local landscape
contractors participated in the proper bid procurement process and four contractors were awarded
contracts with the City. All vendors were assigned to maintain various park sites which included
initial clean-up and monthly maintenance services as described in the approved Vendor Service
Agreements.
EZ Sunnyday Landscape (one of four vendors) was awarded a landscape maintenance contract
with the City. Landscaping maintenance locations were mutually agreed between the City and
EZ Sunnday Landscape (hereinafter "Parties"). Both Parties mutually agreed upon landscape
maintenance for the following park sites: Newberry Park, Freddie Spellacy Park and Horine
Updated: 3/5/2014 by Jolena E.Grider B Packet Pg. 154
2954
Park. Both Parties mutually agreed upon a monthly service fee of$5,850 for the remainder of the
fiscal year. Continued landscape maintenance services will commence on April 1, 2014 thus, the
requested appropriated amount is sufficient to maintain landscaping obligations until the end of
the FY 2013-14.
City Attorney Review:
Supportim Documents:
reso 2954 (PDF)
agrmt 2954 (PDF)
VSA - EZ SUNNYDAY (PDF)
EZ Sunnyday-Monthly Service Quote (PDF)
Amendment Number One to VSA with EZ Sunnyday Landscape (DOCX)
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Updated:3/5/2014 by Jolena E.Gri der B Packet Pg. 155
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO
3 THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND EZ SUNNYDAY LANDSCAPE FOR PARK MAINTENANCE ,
SERVICES
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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SECTION 1. The City Manager is hereby authorized to execute Amendment No. One c
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to the Vendor Services Agreement between the City of San Bernardino and EZ Sunnyday
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1a Landscape for Park Maintenance Services, attached hereto as Exhibit "A" and incorporated cn
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11 herein by this reference. c
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12 SECTION 2. The Director of Administrative Services is authorized to increase p
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13 Purchase Order No. 2014-0000-0791 by $17,550 to EZ Sunnyday Landscape services to an
14 amount not to Exceed to $50,000 Per Purchase Order for the Park Maintenance Services to All
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15 City-Wide Parks.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. ONE TO
2 THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND EZ SUNNYDAY LANDSCAPE FOR PARK MAINTENANCE
3 SERVICES
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,held on the
6 day of , 2014,by the following vote,to wit: a�
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7 Council Members: AYES NAYS ABSTAIN ABSENT
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$ MARQUEZ
9 BARRIOS
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VALDIVIA W
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SHORETT
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NICKEL
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JOHNSON L
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MULVIHILL
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17 Georgeann Hanna, City Clerk
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19 The foregoing resolution is hereby approved this day of ,2014. a
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22 R. CAREY DAVIS, Mayor
City of San Bernardino
23 Approved as to form:
24 GARY SAENZ, City Attorney
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Packet Pg. 157
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I AMENDMENT NUMBER ONE TO VENDOR SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND EZ SUNNYDAY LANDSCAPE
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4 THIS AMENDMENT NUMBER ONE is made and entered into as of March 17, 2014 by
5 and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and EZ SUNNYDAY a
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6 LANDSCAPE ("VENDOR"), In consideration of the mutual covenants and conditions set forth W
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7 herein, the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes:
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9 a. On July 31, 2013, the City and Vendor entered into that certain agreement
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10 entitled "Vendor Service Agreement between the City of San Bernardino and c
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11 EZ Sunnyday Landscape" ("Agreement") for $24,900.00.
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12 2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increase
<; 13 the amount from $24,900.00 to an amount not to exceed $50,000.00.
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14 3. Except for the changes specifically set forth herein, all other terms and conditions of N
15 the Agreement shall remain in full force and effect.
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16 IN WITNESS THEREOF, the parties hereto have caused this Amendment Number One to
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17 be executed by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, VENDOR E
19 A Municipal Corporation EZ SUNNYDAY LANDSCAPE
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21 BY' U
Allen Parker, City Manager
22 APPROVED AS TO FORM: a
23 Gary D. Saenz, City Attorney
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By
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this`day of
2013,by and between EZ SUNNYDAY LANDSCAPE. ("VENDOR")and the City San
Bernardino ("CITY"). Z.
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WHEREAS, the Mayor and Common Council determined that it is advantageous and in
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the best interest of the CITY to acquire the emergency services of a professional contractor to
perform short term park maintenance and irrigation repairs in support of the parks division w
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throughout various areas in the City of San Bernardino; and
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WHEREAS, VENDOR is believed to possess the satisfactory expertise in the required
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areas of park maintenance and irrigation repairs as needed. L
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NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES. _
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For the remuneration stipulated, the CITY hereby engages the services of VENDOR to 0
perform park maintenance and irrigation repairs at various sites to assist the City of San Q
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Bernardino Parks &Recreation as directed by Parks Division staff z
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2. COMPENSATION AND EXPENSES. w
For maintenance services rendered by VENDOR, the CITY, upon presentation of co
invoices, shall pay to the VENDOR an amount not to exceed $24,900.
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3. TERM; TERMINATION.
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The term of this Vendor Service Agreement shall be from July 22, 2013 through June 30,
2014.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY. C.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, c
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or w
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subcontractors, relating to or in any way connected with the accomplishment of the work or
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performance of services under this Agreement, unless the bodily injury or property damage was N
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caused by the sole negligence of the City, its elected officials, employees, agents or
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Qrepresentatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees, the City, its elected officials, employees, agents or =
Nrepresentatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied o
indemnity against the City, its elected officials, employees, agents or representatives, with j
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respect to third party claims against the Vendor relating to or in any way connected with the N N
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accomplishment of the work or performance of services under this Agreement. W
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5. INSURANCE. E
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While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager
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Packet Pg. 160
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prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of the policy.
6. NON-DISCRIMINATION. Q
In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin, _
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or w
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sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. 0
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and L
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income. Tax, Social -Security, State Disability Insurance Compensation, Unemployment . N
Compensation, and other payroll deductions for VENDOR and its officers, agents, and o
employees, and all business licenses, if any are required, in connection with the services to be
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performed hereunder. w
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. >
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Director of Parks,Recreation and Community Services
201 North"E" Street, Suite 301
San Bernardino, CA 92401
Telephone: (909) 384-5233
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TO THE VENDOR: EZ SUNNYDAY LANDSCAPE
P.O. Box 9416
San Bernardino, CA 92424 J
OFFICE: (909) 875-2024
FAX: (909) 475-5655
10. ATTORNEYS' FEES _
In the event that litigation is brought by any party in connection with this Agreement,the w
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prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its y
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
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hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 5
purposes of this paragraph.
k 11. ASSIGNMENT. o
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior w
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement,
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Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
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VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
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for the term of this Agreement.
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State Courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
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13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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14. SUCCESSORS AND ASSIGNS. w
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This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs,representatives, successors, and assigns. N
15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of
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convenience only and shall not affect the construction or the interpretation of any of its
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provisions.
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16. SEVERABILITY. o
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or w
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enforceability of the remaining terms and provisions hereof or of the offending provision in any >
other circumstance, and the remaining provisions of this Agreement shall remain in full force a)
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and effect.
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17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter
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VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND EZ SUNNYDAY LANDSCAPE
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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and date set forth below. _
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Dated 12013 VENDOR: EZ SUNNYDAY LANDSCAPE
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Dated , 2013 CITY OF SAN BERNARDINO
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By:
City Manager
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ACCOUNTS PAYABLE
CITY OF SAN BERNARDINO
201 N,'E'STREET SUITE#301
SAN BERNARDINO,CA,92401-1507
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lescription AMount p
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MONTHLY MAINTENANCE FOR THE FOLLOWING: N
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FREDDY SPELLACY PARK $600.00 L
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HORINE PARK(FLAT AREA ONLY) $600.00 ('
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NEWBERRY PARK $600.00
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LYTLECREEK PARK $4,050.00 v
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1 AMENDMENT NUMBER ONE TO VENDOR SERVICES AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND EZ SUNNYDAY LANDSCAPE
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4 THIS AMENDMENT NUMBER ONE is made and entered into as of March 17, 2014 by C/)
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5 and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and EZ SUNNYDAY w
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6 LANDSCAPE ("VENDOR"). In consideration of the mutual covenants and conditions set forth o
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7 herein, the parties agree as follows:
8 1. This Amendment is made with respect to the following facts and purposes: a
9 a. On July 31, 2013, the City and Vendor entered into that certain agreement
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10 entitled "Vendor Service Agreement between the City of San Bernardino and
11 EZ Sunnyday Landscape" ("Agreement") for $24,900.00. LO
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12 2. Section 2 Compensation and Expenses of the Agreement is hereby amended to increase a,
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13 the amount from $24,900.00 to an amount not to exceed $50,000.00.
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14 3. Except for the changes specifically set forth herein, all other terms and conditions of
15 the Agreement shall remain in full force and effect.
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16 IN WITNESS THEREOF,the parties hereto have caused this Amendment Number One to
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17 be executed by and through their respective authorized officers, as of the date first above written. Lu
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CITY OF SAN BERNARDINO, VENDOR >
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A Municipal Corporation EZ SUNNYDAY LANDSCAPE
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21 By:
Allen Parker, City Manager E
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APPROVED AS TO FORM:
23 Gary D. Saenz, City Attorney E
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By: Q
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