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RESOLUTION NO. 2018-230
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE CENTER FOR EMPLOYMENT
OPPORTUNITIES FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES
AND WEED ABATEMENT
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager, or her designee, is hereby authorized and directed to
execute, on behalf of the City, Amendment Number One to the Agreement with the Center for
Employment Opportunities to provide weed abatement and landscape maintenance services
within the City boundaries, attached hereto as Exhibit A and incorporated herein.
SECTION 2. The Director of Finance is hereby authorized and directed to increase
FY 18/19 Purchase Order in an amount not to exceed $465,645 to the Center for Employment
Opportunities to provide weed abatement and landscape maintenance services within the City
boundaries.
SECTION 3. The authorization to execute the above referenced Amendment Number
One to the Agreement is rescinded if it is not executed by all parties and returned to the Office
of the City Clerk within one -hundred -twenty (120) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND THE CENTER FOR EMPLOYMENT
OPPORTUNITIES FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES
AND WEED ABATEMENT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
15a' day of August 2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ - 5
BARRIOS
VALDIVIA
SHORETT x
NICKEL k
RICHARD X
MULVIHILL
NAYS ABSTAIN ABSENT
Georgeann4ffanna, CM , City Clerk
The foregoing Resolution is hereby approved this 15a' day of Augu
. /'� ? (� 1,
R. Carey Davi;
City of San B�
Approved as to form:
Gary D. Saenz, City Attorney
By: .. vytA! t —
Page 2
2018. ?
ayor
AMENDMENT NUMBER ONE
G-'evu—W
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
City of San Bernardino
and
Center for Employment Opportunities
CITY= CITY OF SAN BERNARDINO
290 North "D" Street, 3rd Floor
San Bernardino, California 92401
CONTRACTOR= Center for Employment Opportunities
1630 South "E" Street, Suite A
San Bernardino, CA 92408
SERVICES= Landscape Maintenance Services
AMOUNT= $465,645 (as amended)
EXPIRATION DATE= June 30, 2019 (as amended)
MANAGING DEPARTMENT= Public Works
Form Services Agreement Amendment: Rev. 2018-07-16
AMENDMENT NO. ONE TO LANDSCAPE MAINTENANCE SERVICES AGREIIVIENT
Amendment No. One to the Landscape Maintenance Services Agreement, dated as of
August 15, 2018 (the "Amendment"), between the City of San Bernardino, a charter city
and municipal corporation organized under the Constitution of the State of California
("City"), and Center for Employment Opportunities of San Bernardino, California,
("Contractor," and together with City, the "Parties," and each, a "Party").
WHEREAS, the Parties have entered into an Agreement, dated as of May 2, 2018 for
Landscape Maintenance Services (the "Existing Agreement"); and
WHEREAS, the Parties hereto desire to amend the Existing Agreement to increase
the term and compensation on the terms and subject to the conditions set forth herein; and
WHEREAS, pursuant to Section 21 of the Existing Agreement, the amendment
contemplated by the Parties must be contained in a written agreement.
NOW, THE1tEF'ORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows=
1. Definitions. Capitalized terms used and not defined in this Amendment have the
respective meanings assigned to them in the Existing Agreement.
2. Amendments to the Existing Agreement. As of the Effective Date (defined below), the
Existing Agreement is hereby amended or modified as follows=
2.1 Section 2.1 is amended to read:
"For the services delineated above, the CITY, upon presentation of an invoice,
shall pay VENDOR an amount of $465,645, pursuant to the rates set forth in
VENDOR's Quote, attached hereto, and incorporated herein as Attachment
2."
2.2 Section 3 "Term; Termination" is amended to read=
"The Term of this Agreement shall begin on September 24, 2017 through
June 30, 2019, or the completion of the Services as defined in Section 1 of this
Agreement. Services pursuant to this Agreement shall begin upon execution
of the Agreement, and must be fully completed within 120 days, but no later
than June 30, 2019. 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 amended by written agreement of the parties prior to
the expiration of the Agreement."
Pg- 1
Amendment No. One to Landscape Maintenance Services Agreement with Center for
Employment Opportunities
3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the
date first written above (the "Effective Date"). Except as expressly provided in this
Amendment, all of the terms and provisions of the Existing Agreement are and will remain
in full force and effect and are hereby ratified and confirmed by the Parties. Without
limiting the generality of the foregoing, the amendments contained herein will not be
construed as an amendment to or waiver of any other provision of the Existing Agreement
or as a waiver of or consent to any further or future action on the part of either Party that
would require the waiver or consent of the other Party. On and after the Effective Date,
each reference in the Existing Agreement to "this Agreement," "the Agreement,"
"hereunder," "hereof" "herein," or words of like import will mean and be a reference to the
Existing Agreement as amended by this Amendment.
[Signature Page Follows]
pg. 2
Amendment No. One to Landscape Maintenance Services Agreement with Center for
Employment Opportunities
IN WITNESS WHEREOF, this Agreement is executed by City and Contractor acting by
and through their authorized officers.
CITY OF SAN BERNARDINO:
Date= 1 / 7—f / 2018
V4 1141 di mt
Andrea M. Miller, City Manager
APPROVED AS TO FORM=
Gary D. Saenz, City Attorney
BY
ATTEST=
4Geoea Hanna, C, City Clerk
CENTER FOR EMPLOYMENT
OPPORTUNITIES=
Date= e / 21 / 2018
Its=
Dare: CO /-L 12013
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Signature Page
Amendment No. One to Landscape Maintenance Services Agreement with Center for
Employment Opportunities