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HomeMy WebLinkAbout2019-071Resolution No. 2019-71 RESOLUTION NO. 2019-71 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AUTHORIZE A SECOND AMENDMENT TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CENTER FOR EMPLOYMENT OPPORTUNITIES FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES AND WEED ABATEMENT; AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $550,000 WITH FOUR ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WHEREAS, The Department of Public Works, Operations and Maintenance Division is responsible for the operation and maintenance of the City's infrastructure. It includes streetlights, traffic signals and signs, pavement markings, right of way maintenance, land maintenance district management, stormwater infrastructure maintenance, graffiti, and the maintenance/preservation of the City's urban forest; and WHEREAS, Center for Employment Opportunities (CEO) has been providing landscape maintenance services for the City since 2016 per Resolution 2016-45 which authorized CEO to perform landscape maintenance services and weed abatement within the City boundaries and established a purchase order in the amount of $172,875 and was later amended to $465,645 in a first amendment BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or her designee, is hereby authorized and directed to execute, on behalf of the City, a second amendment to the vendor services agreement between the City of San Bernardino and CEO, a copy of which is attached hereto, marked Exhibit "A," and incorporated herein by reference as fully as though set forth at length. SECTION 3. That pursuant to this determination, the Director of Finance or his designee is hereby authorized to issue an annual purchase order to the Center for Employment Opportunities in the amount of $550,000 with four (4) one-year extensions at the City's option. SECTION 4. "The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Resolution No. 2019-71 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Cohcil�and s ed by the Mayor and attested by the City Clerk this 19'` day of June 2019. 11 John Valdivia, Mayor City of San Bernardino Attest: C— Georgeann HannW, MMC, City ClWk Approved as to form: 2,''`� Gary D. Saenz, City Attorney Resolution No. 2019-71 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-71 adopted at a regular meeting held on the 19'h day of June 21019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ x MARRA FIGUEROA X SHORETT X NICKEL x RICHARD x MULVIHILL � WITNESS my hand and official seal of the City of San Bernardino this 19P day of June 2019. Georgeann H '3na, MMC, dity Clerk AMENDMENT NUMBER TWO TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CENTER FOR EMPLOYMENT OPPORTUNITIES FOR LANDSCAPE MAINTENANCE SERVICES AND WEED ABATEMENT This Amendment Number Two (the "Second Amendment") is entered into this 5'b day of June, 2019, BY AND BETWEEN: The City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 290 N. E Street, San Bernardino, California (the "CITY'); AND, Center for Employment Opportunities, 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 March 11, 2016 by Resolution 2016-45 the Mayor and Common Council of the CITY determined that VENDOR entered into that certain Agreement titled Vendor Service Agreement with Center for Employment Opportunities, Inc. for Landscape Maintenance Services and Weed Abatement (the "Agreement"); and, WHEREAS, on May 2, 2018 by Resolution 2018-122 the Mayor and Common Council of the CITY approved a purchase order with VENDOR and, WHEREAS, on August 15, 2018, by Resolution 2018-230 the Mayor and Common Council of the CITY approved a first amendment with VENDOR (the First Amendment"); and, WHEREAS, CITY and VENDOR desire to amend the Agreement for landscape maintenance services and weed abatement to allow for the continuation of landscape maintenance services and weed abatement projects and desire to amend their rights, duties, and liabilities in connection with their performance thereunder with four (4) one-year extension at the City's option; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. Compensation and Expenses, of the Agreement is hereby amended to increase the payment to VENDOR in an amount not to exceed $550,000 for landscape maintenance services and weed abatement with four (4) one-year extensions at the City's option. 2. That the term of this Agreement is extended to June 30, 2023. 3. All other terms and conditions of the Agreement shall remain in full force and effect. (Signature Page Follows) 2 AMENDMENT NUMBER TWO TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. FOR LANDSCAPE MAINTENANCE SERVICES AND WEED ABATEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: -71 ZLi J 1) . 2019 Dated -?— /— /5' . 2019 Approved as to Form: Gary D. Saenz, City Attorney ATTEST: Georgeann H a, MMC, Cit lerk CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. By: F C� t�r� 'a/2 �it�Cfi9:r CITY OF SAN BERNARDINO By: z Teri Ledoux, Acting City Manager 3