HomeMy WebLinkAbout2016-233 1
RESOLUTION NO. 2016-233
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
4 THE VENDOR SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.
5 FOR TREE TRIMMING SERVICES
6 WHEREAS, on July 21, 2014 by Resolution 2014-288 the Mayor and Common Council
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of the CITY determined that VENDOR was the lowest responsive responsible bidder for RFP F-
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14-27 and entered into that certain Agreement titled Vendor Service Agreement with West Coast
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10 Arborists, Inc. for Tree Trimming Services (the "Agreement"); and,
11 WHEREAS, on February 17, 2015 by Resolution 2015-33 the Mayor and Common
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Council of the CITY approved an amendment with VENDOR (the "First Amendment"); and,
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14 WHEREAS, CITY and VENDOR desire to amend the Agreement for tree trimming
15 services to allow for the payment of prevailing wage consistent with Ordinance MC-1425
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requiring payment of prevailing wages on public works projects and desire to amend their rights,
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18 duties, and liabilities in connection with their performance thereunder.
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
20 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
21 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
22 execute, on behalf of the City of San Bernardino, Amendment Number Two to the Vendor
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Services Agreement with West Coast Arborists, Inc. for Tree Trimming Services (the "Second
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25 Amendment") attached hereto as Exhibit "A" and incorporated herein by this reference as though
26 set forth in full, including the revised price form included as Attachment "1" to Exhibit"A."
27 SECTION 2. The Director of Finance, or his designee, is hereby authorized to issue an
28 annual purchase order for Fiscal Year 16/17 in an amount not to exceed $966,700.00 to West
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1 Coast Arborists, Inc. The purchase order shall reference this Resolution Number and shall read,
2 "West Coast Arborists, Inc. Tree Trimming Services."
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SECTION 3. The authorizations to execute the above-referenced Second Amendment
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5 and issue the above-referenced purchase order are rescinded if the Second Amendment is not
6 executed by both parties and returned to the Office of the City Clerk within sixty (60) days of the
7 passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
2 THE VENDOR SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.
3 FOR TREE TRIMMING 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 joint regular meeting thereof, held on the 7th
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day of November, 2016, by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10 BARRIOS X
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VALDIVIA X
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13 SHORETT X
14 NICKEL X
15 RICHARD X
16 MULVIHILL X
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18 Georgea anna, C C, City Clerk
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The foregoing Resolution is hereby approved this_ day of Novembe 016.
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22 R. Carey Davi , Mayor
City of San Bernardino
23 Approved as to form:
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Gary D. Saenz, City Attorney nrdH 25 By: �-
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2016-233
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
WEST COAST ARBORISTS,INC. FOR
TREE TRIMMING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 7th day of
November, 2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
West Coast Arborists, Inc., (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
WHEREAS, on July 21, 2014 by Resolution 2014-288 the Mayor and Common Council
of the CITY determined that VENDOR was the lowest responsive responsible bidder for RFP F-
14-27 and entered into that certain Agreement titled Vendor Service Agreement with West Coast
Arborists, Inc. for Tree Trimming Services (the "Agreement"); and,
WHEREAS, on February 17, 2015 by Resolution 2015-33 the Mayor and Common
Council of the CITY approved an amendment with VENDOR(the "First Amendment"); and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for tree trimming
services to allow for the payment of prevailing wage consistent with Ordinance MC-1425
requiring payment of prevailing wages on public works projects and desire to amend their rights,
duties, and liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. The City hereby exercises its right to Option year two, from July 1, 2016 through
June 30, 2017.
2. Section 2, Compensation and Expenses, of the Agreement is hereby amended to
increase the payment to VENDOR in an amount not to exceed $966,700.00 for
Option Year 2, not to exceed $716,700 for Option Year 3, and not to exceed $716,700
for Option Year 4.
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND WEST COAST ARBORISTS,INC.FOR TREE TRIMMING SERVICES
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2016-233
3. Section 3, Term and Termination, is hereby amended to add an additional Option year
four, which, if exercised by the City, shall be effective from July 1, 2018 through
June 30, 2019.
4. Attachment "1" to the Agreement is hereby replaced with Attachment "1" to this
Second Amendment, attached hereto and incorporated herein as through set forth in
full.
5. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND WEST COAST ARBORISTS,INC.FOR TREE TRIMMING SERVICES
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2016-233
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
WEST COAST ARBORISTS,INC. FOR
TREE TRIMMING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 9 , 2016 WEST CCU ST ARBO S, INC.
By: `
Its:
Dated NDv, l� , 2016 CITY OF SAN BERNARDINO
By: A4v
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
B
y:2
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND WEST COAST ARBORISTS,INC.FOR TREE TRIMMING SERVICES
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