HomeMy WebLinkAbout11/17/1999 - STAFF REPORTS (11) DATE: November 17, 1999
TO: City Council
FROM: Director, Department of Facilities
THIRD AMENDMENT TO AGREEMENT FOR PARKS MAINTENANCE SERVICES
RECOMMENDATION:
That City Council approve the Third Amendment to Agreement No. 3458 for parks maintenance
services between the City of Palm Springs and LandCare USA,Inc.,formerly Landscape West,Inc.
BACKGROUND:
The existing five-year parks maintenance services agreement between the City of Palm Springs
and LandCare USA,Inc.,forrmedy Landscape West, Inc.("Contractor')will expire on December 6,
1999.As the Parks Division has only recently completed bid specifications for a new maintenance
agreement, an extension of the existing agreement with Contractor is needed to avoid any
interruption of services and allow sufficient time for the City to accurately bid the new contract
services agreement
Thestaffand managementof Contractor realize the importanceofthe revised maintenance contract
to the City and are understanding as to the unavoidable delay regarding the new agreement's
approval and public bid process.Therefore,Contractor has agreed to work under all the terms and
conditions of the existing contract on a month-to-month basis until such time as the new agreement
is in place for maintaining the City's parks, parkways and assessment districts.
Contractor has requested a modest five percent(5%)cost Increase ($1,756) in its total monthly
billing to offset materials cost,the recent wage increases mandated by the Federal Minimum Wage
Standards and for working under the agreement on a monthly basis. Staff anticipates this
arrangement will not exceed a period of six months.
Staff feels this small adjustment in compensation is a reasonable request on behalf of the
Contractor to assist in offsetting its inconvenience and higher operational costs. Proceeding on a
month-to-month basis additionally demonstrates Contractor's willingness to work with the City in
the hope of developing a better maintenance contract in the long run.
AW�,4�0;01,Z"�
O S LL, irector
Department of Facilities
APPRO ED: �
ity Manager Rnl! C
ic1p1 -.0VJFFD
ATTACH ENTS: D15123.
1. Third Amendment to Agreement No. 3458
2. Minute Order ?W
aaNP .� Landscape West,Inc.
l�q Amend#3-Cost increase,
Term
AGREEMENT#3458
AMENDMENT NO.3 TO AGREEMENT NO. M06526, 11-17-99 Related
FOR PARKS MAINTENANCE SERVICES
THIS THIRD AMENDMENT TO THE AGREFMF,1 T FOR CONTRACT SERV CES (herein "Third
Amendment"),made and entered into on the / 71c- day of 1999,by the
City of Palm Springs(herein"City"or"Owner"),a municipal corporadonAnd LANDSCAPE WEST,INC.,
a California corporation (herein "Contractor"), and subsequently assigned to LandCare USA, Inc. on
September 2, 1998,amends that certain agreement dated December 7, 1994(herein "Agreement")by and
between the City and Contractor,as subsequently amended. The Third Amendment is as follows:
1. Section 2.1,"Contract Sum."The Contract Sum shall be adjusted with a five percent(5%)cost increase
to offset materials costs and the recent wage increases mandated by the Federal Minimum Wage
Standards.
2. Section 3.4,"Term." The Agreement shall continue on a month-to-mouth basis,beginning December 7,
1999,and shall be in full force and effect until such time as City notifies Contractor, in writing,at least
thirty(30)days in advance that this Agreement has been terminated.
3. Except as specifically provided herein,all other terms and conditions of the Agreement shall remain in
full force and effect. This Third Amendment is hereby effective December 7, 1999.
IN WITNESS WHEREOF,the parties have executed and entered into this Third Amendment as of the date
stated above.
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
, e ,141
Zty Clerk ity Manager
APN0VEL)byTWCffyC0UNC11
APPROVED AS TO FORM: CONTRACTOR: By po.
�. By.
City Atto 4Care-W% k, Inc.
M E M O R A N D U M
DATE: November 29, 1999
TO: Scott Mikesell-Parks & Roo '
FROM: Office of the City Clerk
RE: Amendment#4, A3458
CC: File 3
Attached please find two copies of Amendment#3 to Agreement A3458 with
Landscape West, Inc. for Parks Maintenance Services, approved by Council on
November 17, 1999, by Minute Order 6526.
Please forward one copy to the contractor.
I have retained one copy for our files and forwarded a copy to Finance.
Evelyn
cc: Finance-w/agreement
MINUTE ORDER NO.
APPROVING THE THIRD AMENDMENT TO AGREEMENT NO. 3458 FOR
PARKS MAINTENANCE SERVICES BETWEEN THE CITY OF PALM SPRINGS
AND LANDCARE USA, INC., FORMERLY LANDSCAPE WEST, INC.
I HEREBY CERTIFY thatthis Minute Order,approving the Third Amendmentto Agreement No.3458forparks
maintenance services between the City of Palm Springs and LandCare USA,Inc.,formerly Landscape West,
Inc.,was adopted by the City Council of the City of Palm Springs,California,in a meeting thereof held on the
1 r day of November, 1999.
BY: PATRICIA A. SANDERS
City Clerk
96
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