HomeMy WebLinkAboutAGENDA REPORT 2021 0407 CCSA REG ITEM 09ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 07, 2021
ACTION Approved Staff Recommendation
(Roll Call Vote: Unanimous).
BY B.Garza.
E. Consider Amendments to Agreements with Venco Western, Inc. for Landscape
Maintenance Services for Parks and for Citywide Zones, Zones of Benefit 1-11, 14,
16, 18, and 21 and Miscellaneous City Properties. Staff Recommendation:
1) Approve Amendment No. 5 to Agreement with Venco Western, Inc. for landscape
maintenance services for parks, in an amount not-to-exceed $386,602.84, and
authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager; and 2) Approve Amendment No. 5 to Agreement with
Venco Western, Inc. for landscape maintenance services for Citywide Zones, Zones
of Benefit 1-11, 14, 16, 18, and 21 and Miscellaneous City Properties, in an amount
not-to-exceed $297,516.48, and authorize the City Manager to sign the
Amendment, subject to final language approval of the City Manager. (Staff: Chris
Ball)
Item: 9.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Senior Management Analyst
DATE: 04/07/2021 Regular Meeting
SUBJECT: Consider Amendments to Agreements with Venco Western, Inc. for
Landscape Maintenance Services for Parks and for Citywide Zones,
Zones of Benefit 1-11, 14, 16, 18, and 21 and Miscellaneous City
Properties
SUMMARY
Staff is requesting that the City Council consider amendments extending the current
Agreements with Venco Western, Inc. for landscape maintenance services for Parks
and for Citywide Zones, Zones of Benefit 1-11, 14, 16, 18, and 21 and Miscellaneous
City Properties for one year.
BACKGROUND
In April of 2020, the City Council approved the redistribution of the City’s Landscape
Maintenance Districts (LMDs) among three areas of contract responsibility for
landscape maintenance services. This redistribution allowed for the LMDs and Zones
of Benefit (Zones) that generally require an annual subsidy from the General Fund for
landscape maintenance operations to be serviced under one contractual service area,
while the fully-funded LMD areas were distributed between two other similarly-sized
contractual service areas. This updated distribution allowed staff to explore service
level reductions in the underfunded LMD contractual service area to reduce landscape
maintenance costs and lower the burden on the General Fund, while maintaining the
existing levels of landscape maintenance service in the fully-funded LMDs. At the same
time, staff also investigated possible service level reductions to the parks landscape
maintenance services that would similarly lower costs.
In September of 2020, the City Council approved a variety of reductions to scope of
services for landscape maintenance in the City’s parks and underfunded LMDs that
would reduce costs while maintaining a reasonable level of services to meet the needs
of the community. A summary of the service reductions that were implemented is
provided below.
Item: 9.E.
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Honorable City Council
04/07/2021 Regular Meeting
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• Mowing at passive parks was changed from weekly to every other week.
Mowing of turf areas in the underfunded LMDs was also changed from weekly to
every other week. Edging was changed from weekly to every other week at all
parks. Notably, there was no change to mowing of sports fields.
• Shrub pruning was changed from “as necessary” to less frequent monthly
service.
• Weeding was changed from weekly to monthly and modified to include
mechanical weed control in combination with the use of herbicides approved by
the Ventura County Agricultural Commissioner.
• Fertilization was removed from contractual services and performed by in-house
staff, with limited application at passive parks and LMD areas to keep turf from
growing too quickly between mowing.
• Irrigation specifications were modified so that the City could provide parts for
repairs rather than the Contractor. The contractor continued to provide labor.
• Custodial services were removed from park services contract. These services
were transferred to City janitorial services contractor.
Landscape maintenance services in the parks and in the underfunded LMDs are
managed under two separate contracts. In August of 2018, Venco Western, Inc.
(Venco) was awarded both the landscape maintenance service contract for City parks,
and the service contract covering Citywide Zones and various LMDs, including LMDs
1-11, 14, 16, 18 and 21. Following the redistribution of the LMD areas of contractual
responsibility in April of 2020, Oakridge Landscape, Inc. was awarded a contract for
landscape maintenance services in fully funded LMDs 12, 15, 16, 18, 20 and 21 to
begin July 1, 2020. Although LMDs 16, 18 and 21 were technically still covered under
the Venco contract, Venco agreed to discontinue services in these areas so that service
could transfer at the start of Fiscal Year (FY) 2020/21. Similarly, the City bid janitorial
services at the end of FY 2019/20, which included the daily park restroom services
mentioned above. The new janitorial service contract started July 1, 2020, at which
time Venco also agreed to discontinue the park restroom cleaning services that were
provided under their contract so that service could transfer cleanly to the new janitorial
services contract at the start of FY 2020/21.
DISCUSSION
Anticipated impacts of the landscape maintenance service modifications in the City’s
passive parks and underfunded LMDs included taller turf and more visible weeds. This
has been seen to varying degrees in the affected areas. However, staff anticipates that
the reduction in service levels are likely to be more visible over the spring and summer
as the weather warms. This is due to the fact that we were moving into the cooler
weather months when the City Council approved the reductions to the service levels last
fall. During cooler weather, weeds have a tendency to go dormant and the growth rate
of turf generally slows. To date, staff has received relatively few complaints related to
the service level changes since they were implemented.
The contractual cost savings for implementing these landscape maintenance service
reductions was approximately $175,000 annually, with $125,000 attributable to the
parks service reductions and $50,000 attributable to the underfunded LMD service
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Honorable City Council
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reductions. These savings were partially offset by the addition of park restroom
services to the City’s janitorial services contract, as well as increased costs to the City
for fertilizer and irrigation equipment, resulting in net savings for implementation of the
proposed landscape maintenance service reductions of approximately $93,000
annually.
In September of 2020, following City Council approval, the reductions to the scope of
services for landscape maintenance in the City’s parks and underfunded LMDs were
applied to the service contracts and Venco agreed to the cost reductions noted above
for the remainder of the contract terms. Both contracts are scheduled to expire on
June 30, 2021, however Venco has agreed to hold the reduced service rates for another
year should the City elect to extend the contracts for another 12-month term. Given the
uncertain long-term impact of the COVID-19 pandemic on City revenues, staff feels that
it is appropriate to maintain the current service level reductions and lower service rates
for another year.
Staff is requesting approval from City Council to amend the term of each of these Venco
contracts to extend them through June 30, 2022, rather than bidding services at this
time. Landscape maintenance services are not considered “public works” under
California Uniform Public Construction Cost Accounting Act (CUPCCAA) law and
therefore do not require public bidding. City Council Policy Resolution No. 2019-3829
establishes that service contracts are to be awarded by formal request for proposal
(RFP) for services exceeding $200,000. However, Section 4.B. of the Policy
establishes that the City Manager (as the purchasing agent) may waive the RFP
requirement if the City Manager determines, based on consultation with the applicable
Department Head, that the service to be performed can be competently and cost-
effectively performed by a particular individual, firm or company, based on the City
Manager’s and Department Head’s personal or direct prior experience in contracting
with that individual, firm or company. The City Attorney has confirmed this provision,
and the City Manager, after consulting with the Parks and Recreation Director, has
agreed to waive the formal RFP process in this case. Staff feels that Venco has served
the City well under the current contracts and at a lower cost than would likely be
achieved through public bidding, and therefore it is in the best interest of the City to
maintain the current reduced service levels and lower rates by amending the Venco
contracts for one additional year.
FISCAL IMPACT
The contractual cost to extend the landscape maintenance service Agreement for parks
one additional year is $386,602.84 and the cost to extend the Agreement for landscape
maintenance service in the underfunded LMDs is $297,516.48. These one-year
extensions will bring the total value of each Agreement to $1,797,036.25 and
$1,274,517.42 respectively over the total four-year term for each contract. No additional
appropriation is requested as funding for landscape maintenance services will be
included in the Fiscal Year 2021/22 budget.
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Honorable City Council
04/07/2021 Regular Meeting
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COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 6, Goal 3 (6.3): “Enhance long-term
financial sustainability.”
STAFF RECOMMENDATION
1. Approve Amendment No. 5 to Agreement with Venco Western, Inc. for landscape
maintenance services for parks, in an amount not-to-exceed $386,602.84, and
authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager; and
2. Approve Amendment No. 5 to Agreement with Venco Western, Inc. for landscape
maintenance services for Citywide Zones, Zones of Benefit 1-11, 14, 16, 18, and
21 and Miscellaneous City Properties, in an amount not-to-exceed $297,516.48,
and authorize the City Manager to sign the Amendment, subject to final language
approval of the City Manager.
Attachment 1: Draft Amendment No. 5 to Agreement with Venco Western, Inc. for
Landscape Maintenance Services - Parks
Attachment 2: Draft Amendment No. 5 to Agreement with Venco Western, Inc. for
Landscape Maintenance Services for Citywide Zones, Zones of
Benefit 1-11, 14, 16, 18, and 21 and Miscellaneous City Properties
359
AMENDMENT NO. 5
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC., FOR LANDSCAPE MAINTENANCE SERVICES - PARKS
This Amendment No. 5 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Venco Western, Inc., a corporation (“Contractor”), for
landscape maintenance services, plus additional repair and installation services related
to City Parks and miscellaneous City properties (“Agreement”), is made and entered
into on this ____ day of ____________________, 2021.
RECITALS
WHEREAS, on August 14, 2018 the City and Contractor entered into an
Agreement to have the Contractor provide landscape maintenance services, plus
additional repair and installation services related to City Parks and miscellaneous City
properties; and
WHEREAS, on December 3, 2018, the City and Contractor amended the
Agreement to increase the compensation for services to be performed by Contractor
from four hundred forty-seven thousand two hundred twenty-six dollars and seventy
cents ($447,226.70), to a total contract value of four hundred eighty thousand three
hundred forty-one dollars and twenty-three cents ($480,341.23); and
WHEREAS, on June 25, 2019, the City and Contractor amended the Agreement
to extend the term for one additional year, modify Contractor Performance
Requirements, and increase the compensation for services to be performed by
Contractor from four hundred eighty thousand three hundred forty-one dollars and
twenty-three cents ($480,341.23), to a total contract value of nine hundred ninety-two
thousand, four hundred fifty three dollars and twenty-seven cents ($992,453.27); and
WHEREAS, on May 20, 2020, the City and Contractor amended the Agreement
to extend the term for three additional months, and increase the compensation for
services to be performed by Contractor from nine hundred ninety-two thousand four
hundred fifty-three dollars and twenty-seven cents ($992,453.27), to a total contract
value of one million one hundred seventy-two thousand nine hundred eighty-one dollars
and twenty-eight cents ($1,172,981.28); and
WHEREAS, on September 28, 2020, the City and Contractor amended the
Agreement to extend the term for nine additional months and increase the
compensation for services to be performed by Contractor from one million one hundred
seventy-two thousand nine hundred eighty-one dollars and twenty-eight cents
($1,172,981.28), to a total contract value of one million four hundred ten thousand four
hundred thirty-three dollars and forty-one cents ($1,410,433.41); and
WHEREAS, the City and Contractor now desire to amend the Agreement for an
additional twelve month period; and
ATTACHMENT 1
360
Amendment No. 5 to Agreement between City of Moorpark and Page 2
Venco Western, Inc. (Parks)
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from one million
four hundred ten thousand four hundred thirty-three dollars and forty-one cents
($1,410,433.41), by a value of three hundred eighty-six thousand six hundred two
dollars and eighty-four cents ($386,602.84), which includes an annual contingency of
seventy thousand dollars ($70,000), for a total contract value of one million seven
hundred ninety-seven thousand thirty six dollars and twenty-five cents ($1,797,036.25),
and document said agreement to amend by jointly approving Amendment No. 5 to the
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 1, TERM, is amended by replacing this section in its entirety as follows:
“The term of this Agreement shall be from August 15, 2018, and will
expire on June 30, 2022, unless otherwise terminated or suspended
pursuant to this Agreement. Scope of Work in Exhibit D shall start on
September 1, 2018.”
II. Section 2, SCOPE OF SERVICES, is amended by replacing paragraph two in its
entirety as follows:
“Compensation for the services to be performed by Contractor shall
be in accordance with Exhibits C, E, and F. Compensation shall not
exceed the rates or the total contract value of one million seven hundred
ninety-seven thousand thirty-six dollars and twenty-five cents
($1,797,036.25), which includes a total contingency amount of three
hundred one thousand one hundred fourteen dollars and fifty-three cents
($301,114.53), for the total term of the Agreement, without a written
amendment to the Agreement executed by both parties. Payment by City
to Contractor shall be in accordance with the provisions of this
Agreement.”
III. Section 5, PAYMENT, is amended by replacing the second paragraph in its
entirety as follows:
“The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
Exhibits C, E, and F, based upon actual time spent on the above tasks.
This amount shall not exceed one million seven hundred ninety-seven
thousand thirty-six dollars and twenty-five cents ($1,797,036.25), which
includes a total contingency amount of three hundred one thousand one
hundred fourteen dollars and fifty-three cents ($301,114.53), during the
total term of the Agreement, unless additional payment is approved as
provided in this Agreement.”
361
Amendment No. 5 to Agreement between City of Moorpark and Page 3
Venco Western, Inc. (Parks)
Scope of Services Adjustment
Amount Contingency Total
Initial 10-month Service Period 389,226.70$ 58,000.00$ 447,226.70$
Amendment No. 1
Additional Contingency)-$ 33,114.53$ 33,114.53$
Amendment No. 2
(12-month term extension)442,112.04$ 70,000.00$ 512,112.04$
Amendment No. 3
(3-month term extension)110,528.01$ 70,000.00$ 180,528.01$
Amendment No. 4
(9-month term extension)237,452.13$ -$ 237,452.13$
Sub-Total 1,179,318.88$ 231,114.53$ 1,410,433.41$
Amendment No. 5
(12-month term extension)316,602.84$ 70,000.00$ 386,602.84$
Total 1,495,921.72$ 301,114.53$ 1,797,036.25$
IV. Remaining Provisions:
Except as revised by this Amendment No. 5, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be executed
the day and year first above written.
CITY OF MOORPARK VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Linda Burr
President
Attest:
_______________________________
Ky Spangler
City Clerk
362
AMENDMENT NO. 5
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR
LANDSCAPE MAINTENANCE DISTRICT CITYWIDE ZONES, ZONES OF BENEFIT
1-11, 14, 16, 18, AND 21, AND MISCELLANEOUS CITY PROPERTIES
This Amendment No. 5 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Venco Western, Inc., a corporation (“Contractor”), for
landscape maintenance services for Landscape Maintenance District (LMD) Citywide
Zones, Zones of Benefit 1-11, 14, 16, 18, 21, and miscellaneous City properties, plus
additional repair and installation services as needed related to various LMDs and
miscellaneous City properties (“Agreement”), is made and entered into on this
________ day of ____________________, 2021.
RECITALS
WHEREAS, on August 21, 2018 the City and Contractor entered into an
Agreement to have the Contractor provide landscape maintenance services for
Landscape Maintenance District (LMD) Citywide Zones, Zones of Benefit 1-11, 14, 16,
18, 21, and miscellaneous City properties, plus additional repair and installation
services as needed related to various LMDs and miscellaneous City properties; and
WHEREAS, on December 3, 2018, the City and Contractor amended the
Agreement to increase the compensation for services to be performed by Contractor
from two hundred eighty-nine thousand one hundred fifty-six dollars and sixty cents
($289,156.60), to a total contract value of three hundred nineteen thousand three
hundred seventy-eight dollars and sixty-eight cents ($319,378.68); and
WHEREAS, on May 31, 2019, the City and Contractor amended the Agreement
to extend the term for one additional year and increase the compensation for services to
be performed by Contractor from three hundred nineteen thousand three hundred
seventy-eight dollars and sixty-eight cents ($319,378.68), to a total contract value of six
hundred sixty-six thousand nine hundred sixty-six dollars and sixty cents ($666,966.60);
and
WHEREAS, on April 27, 2020, the City and Contractor amended the Agreement
to extend the term for three additional months and increase the compensation for
services to be performed by Contractor from six hundred sixty-six thousand nine
hundred sixty-six dollars and sixty cents ($666,966.60), to a total contract value of
seven hundred eighty-seven thousand six hundred thirteen dollars and fifty-eight cents
($787,613.58); and
WHEREAS, on September 28, 2020, the City and Contractor amended the
Agreement to extend the term for nine additional months and increase the
compensation for services to be performed by Contractor from seven hundred eighty-
seven thousand six hundred thirteen dollars and fifty-eight cents ($787,613.58), to a
ATTACHMENT 2
363
Amendment No. 5 to Agreement between City of Moorpark and Page 2
Venco Western, Inc. (Citywide Zones)
total contract value of nine hundred seventy-seven thousand dollars and ninety-four
cents ($977,000.94); and
WHEREAS, the City and Contractor now desire to amend the Agreement for an
additional twelve (12) month period; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from nine
hundred seventy-seven thousand dollars and ninety-four cents ($977,000.94), by a
value of two hundred ninety-seven thousand five hundred sixteen dollars and forty-eight
cents ($297,516.48), for a total contract value of one million, two hundred seventy-four
thousand five hundred seventeen dollars and forty-two cents ($1,274,517.42), and
document said agreement to amend by jointly approving Amendment No. 5 to the
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 1, TERM, is amended by replacing this section in its entirety as follows:
“The term of this Agreement shall be from September 1, 2018, and
will expire on June 30, 2022, unless otherwise terminated or suspended
pursuant to this Agreement.”
II. Section 2, SCOPE OF SERVICES, is amended by replacing paragraph two in its
entirety as follows:
“Compensation for the services to be performed by Contractor shall
be in accordance with Exhibits C and E. Compensation shall not exceed
the rates or the total contract value of one million, two hundred seventy-
four thousand five hundred seventeen dollars and forty-two cents
($1,274,517.42), which includes a total contingency in the amount of two
hundred two thousand two hundred twenty-two dollars and eight cents
($202,222.08), for the total term of the Agreement, without a written
amendment to the Agreement executed by both parties. Payment by City
to Contractor shall be in accordance with the provisions of this
Agreement.”
III. Section 5, PAYMENT, is amended by replacing the second paragraph in its
entirety as follows:
“The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
Exhibits C and E, based upon actual time spent on the above tasks. This
amount shall not exceed one million, two hundred seventy-four thousand
five hundred seventeen dollars and forty-two cents ($1,274,517.42), which
includes a total contingency in the amount of two hundred two thousand
364
Amendment No. 5 to Agreement between City of Moorpark and Page 3
Venco Western, Inc. (Citywide Zones)
two hundred twenty-two dollars and eight cents ($202,222.08), during the
total term of the Agreement, unless additional payment is approved as
provided in this Agreement.”
Scope of Services Adjustment
Amount Contingency Total
Initial 10-month Service Period 252,156.60$ 37,000.00$ 289,156.60$
Amendment No. 1
(Additional Contingency)-$ 30,222.08$ 30,222.08$
Amendment No. 2
(12-month term extension)302,587.92$ 45,000.00$ 347,587.92$
Amendment No. 3
(3-month term extension)75,646.98$ 45,000.00$ 120,646.98$
Amendment No. 4
(9-month term extension)189,387.36$ -$ 189,387.36$
Sub-Total 819,778.86$ 157,222.08$ 977,000.94$
Amendment No. 5
(12-month term extension)252,516.48$ 45,000.00$ 297,516.48$
Total 1,072,295.34$ 202,222.08$ 1,274,517.42$
IV. Remaining Provisions:
Except as revised by this Amendment No. 5, all the provisions of the Agreement
shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Linda Burr
President
Attest:
_______________________________
Ky Spangler
City Clerk
365