HomeMy WebLinkAboutAGENDA REPORT 2014 0604 CCSA REG ITEM 10C10
DATE:
ITEM 10.C.
CITY OF MOORPARK, CALIFORNIA
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Honorable City Council
Dave Klotzle, City Engineer/Public Works Director
May 23, 2014 (CC Meeting of 06/04114)
SUBJECT: Consider Amendment No. 10 to Agreement with David S. Hopkins
(Pacific Sweep) for Street Sweeping Services
BACKGROUND/DISCUSSION
On January 5, 2000, the City entered into an Agreement with Pacific Sweep for street
sweeping services. Pacific Sweep sweeps City -owned streets, the Metrolink parking lots,
and State-owned streets that are within the city limits (Los Angeles Avenue, Moorpark
Avenue, and Walnut Canyon Road). The City receives reimbursement from the California
Department of Transportation for State streets swept by Pacific Sweep.
The Agreement has been amended nine times. The first amendment was on October 10,
2005, when the term was extended from December 31, 2005 to December 31, 2010. The
second amendment was on April 8, 2010, when Pacific Sweep's name was changed from
Pacific Sweep to David S. Hopkins doing business as Pacific Sweep. The third
amendment was on December 30, 2010, when the term was extended from December 31,
2010 to June 30, 2011. The third amendment also granted Pacific Sweep permission to
store one of its street sweeping vehicles on City property and included additional insurance
and indemnification requirements. The fourth amendment was on June 9, 2011, when the
term was extended from June 30, 2011 to December 31, 2011. The fifth amendment was
on December 28, 2011, when the term was extended from December 31, 2011 to June 30,
2012. The sixth amendment was on June 6, 2012, when the cost -of -living formula was
decreased from seven percent to five percent and the term was extended from June 30,
2012 to December 31, 2012. The seventh amendment was on January 16, 2013, when
the term was extended from December 31, 2012 to June 30, 2013. The eighth
amendment was on June -5, 2013, when the term was extended from June 30, 2013 to
December 31, 2013. The ninth amendment was on December 18, 2013, when the term
was extended from December 31, 2013 to June 30, 2014.
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Honorable City Council
June 4, 2014
Page 2
The current Agreement with Pacific Sweep is set to expire on June 30, 2014. Future street
sweeping costs may be reimbursed to the City from the City's franchise solid waste
haulers. On May 21, 2014, the City Council approved extending the City's existing solid
waste Franchise Agreements to December 31, 2014, while transition discussions continue.
Consequently, the street sweeping Agreement should be extended for another six months,
to December 31, 2014, while the City's solid waste Franchise Agreements' negotiations
continue. Staff is requesting that the City Manager be authorized to extend Pacific
Sweep's Agreement an additional six months from June 30, 2014, to December 31, 2014.
FISCAL IMPACT
Amendment No. 10 will include the extension of street sweeping services until December
31, 2014. Compensation for this Amendment for services provided between July 1, 2014
and December 31, 2014, shall not exceed $58,350.00. The City's draft FY 2014/15 budget
has sufficient funds to cover the extension of street sweeping services.
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 10 to the Agreement with David S.
Hopkins (Pacific Sweep) for Street Sweeping Services, extending the Agreement until
December 31, 2014, subject to final language approval by the City Manager and City
Attorney.
Attachment: Draft Amendment No. 10 for Street Sweeping Services
S:\Public Works\Everyone\Reports\Staff Reports\2014Uune\06-04-14 (Pacific Sweep Amendment No. 10).doc 151
AMENDMENT NO. 10
TO AGREEMENT BETWEEN THE CITY OF MOORPARK
AND DAVID S. HOPKINS DOING BUSINESS AS PACIFIC SWEEP,
FOR STREET SWEEPING SERVICES
This Amendment to Agreement, made and entered into this day of
2014, between the City of Moorpark, a California municipal
corporation, hereinafter referred to as "City" and David S. Hopkins doing business as
Pacific Sweep, hereinafter referred to as "Contractor."
Whereas, on January 5, 2000, the City and Pacific Sweep entered into an
Agreement for certain street sweeping services to be provided to City by Pacific Sweep;
and
Whereas, on October 10, 2005, Amendment No. 1 to the Agreement was
approved, extending the Term to December 31, 2010; and
Whereas, on April 8, 2010, Amendment No. 2 to the Agreement was approved,
changing Contractor's name from Pacific Sweep to David S. Hopkins doing business as
Pacific Sweep; and
Whereas, on December 30, 2010, Amendment No. 3 to the Agreement was
approved, permitting storage of a street sweeping vehicle on City property and
extending the Term to June 30, 2011; and
Whereas, on June 9, 2011, Amendment No. 4 to the Agreement was approved,
extending the Term to December 31, 2011, with an option for an additional six (6) month
extension from December 31, 2011 to June 30, 2012; and
Whereas, on December 28, 2011, Amendment No. 5 to the Agreement was
approved, extending the Term to June 30, 2012; and
Whereas, on June 6, 2012, Amendment No. 6 to the Agreement was approved,
adjusting the cost -of -living increase formula detailed in Section III.6.4 of the Agreement
from seven percent (7%) to five percent (5%), and extending the Term to December 31,
2012, with an option for an additional six (6) month extension from December 31, 2012
to June 30, 2013; and
Whereas, on January 16, 2013, Amendment No. 7 to the Agreement was
approved, extending the Term to June 30, 2013; and
Whereas, on June 5, 2013, Amendment No. 8 to the Agreement was approved,
extending the Term to December 31, 2013; and
Whereas, on December 18, 2013, Amendment No. 9 to the Agreement was
approved, extending the Term to June 30, 2014; and
Whereas, the City now desires to extend the Term of the Agreement from June
30, 2014 to December 31, 2014. 152
Now, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
Section I, TERM, is amended by replacing this section in its entirety as follows:
The term of the Agreement shall be to December 31, 2014, unless
sooner terminated as provided in Section IV, Part 24, Termination of
Agreement.
II. Section III, COMPENSATION, Part A, Contract Amount, is amended by replacing
this section in its entirety as follows:
In consideration of the performance of this Agreement, the City
agrees to pay to Contractor, and Contractor agrees to accept full
satisfaction for the work done hereunder, the amount of compensation set
forth in Exhibit 'A' and Exhibit 'D'.
III. Remaining Provisions:
Except as revised by this Amendment No. 10, all of the provisions of the
Agreement shall remain in full force and effect.
CITY OF MOORPARK
AO -
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
DAVID S. HOPKINS, dba PACIFIC SWEEP
in
David S. Hopkins, Owner
Amendment No. 10 to Agreement between City of Moorpark and David S. Hopkins
doing business as Pacific Sweep 153
EXHIBIT D
SCOPE OF WORK
Upon execution of Amendment No. 10, the following compensation shall be paid to
Contractor for street sweeping services provided between July 1, 2014 and December
31, 2014, the Agreement Term.
Contractor shall invoice the City a curb -mile rate of $18.53 based on the number of
actual curb miles swept on a monthly basis. Compensation shall not exceed a
maximum of $58,350 for the Agreement Term, without a written Amendment to this
Agreement executed by both parties.
Amendment No. 10 to Agreement between City of Moorpark and David S. Hopkins
doing business as Pacific Sweep 154