HomeMy WebLinkAboutAGENDA REPORT 2013 0206 CCSA REG ITEM 10D ITEM 10.D.
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MOORPARK CITY COUNCIL CTIO _ --
AGENDA REPORT'"'
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared By: Shaun Kroes, Senior Management Analyst
DATE: January 25, 2013 (CC Meeting of 02/06/13)
SUBJECT: Consider Amendment No.7 to Agreement with 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 Caltrans' streets that are within the city limits(Los Angeles Avenue, Moorpark Avenue,
and Walnut Canyon Road). The City receives reimbursement from Caltrans for State
streets swept by Pacific Sweep.
The Agreement has been amended six times. The first amendment was on October 10,
2005, when the Agreement's 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 Agreement's 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 Agreement's term was extended from June 30, 2011 to
December 31, 2011. The fifth amendment was on December 28, 2011, when the
Agreement's term was extended from December 31, 2011 to June 30, 2012. The sixth
amendment was on July 2, 2012, extending the Agreement's term from June 30, 2012 to
December 31, 2012. The sixth amendment also adjusted the Consumer Price Index(CPI)
increase limit from seven percent to five percent.
The current Agreement with Pacific Sweep expired on December 31, 2012. Amendment
No. 6 authorized the City Manager to extend the Agreement for an additional six months
(January 1, 2013 — June 30, 2013). The City Manager executed Amendment No. 7 on
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Honorable City Council
February 6, 2013
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January 16, 2013, extending the Agreement through June 30, 2013. Since the extension
was not executed prior to the Agreement expiration on December 31, 2012, staff is
requesting the City Council's concurrence with the executed Amendment No. 7.
Future street sweeping costs may be reimbursed to the City from the City's franchise solid
waste haulers. On December 5, 2012, the City Council approved extending the City's
existing solid waste Franchise Agreements to June 30, 2013, while transition discussions
continue. Consequently, the street sweeping Agreement has been extended for another six
months, to June 30, 2013, while the City's solid waste Franchise Agreements' negotiations
continue.
FISCAL IMPACT
The City's FY 2012/13 draft budget has sufficient funds to cover the extension of street
sweeping services.
STAFF RECOMMENDATION
Concur with Amendment No. 7 to the Agreement with Pacific Sweep for Street Sweeping
Services extending the Agreement until June 30, 2013.
Attachment:
Amendment No. 7 for Street Sweeping Services
S:\Public Works\Everyone\Reports\Staff Reports\2013\February\02-06-2013(Pacific Sweep Amendment No 7).doc 156
AMENDMENT NO. 7
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 /w-�h day of
-J , 2013, by and between the City of Moorpark, a municipal
corporatiorf located in the County of Ventura, State of California, hereinafter referred to
as "City" and David S. Hopkins doing business as Pacific Sweep, hereinafter referred to
as "Contractor'.
WITNESSETH
Whereas, on January 5, 2000, the City and . Contractor entered into an
Agreement for certain street sweeping services to be provided to City by Contractor;
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, amending the Agreement to permit storage of a street sweeping vehicle on
City property, and extending the Agreement from December 31, 2010 to June 30, 2011;
and
Whereas, on June 9, 2011, Amendment No. 4 to the Agreement was approved,
extending the Agreement from ,tune 30, 2011 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 Agreement from December 31, 2011 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(B)(4) of the original
Agreement from seven percent (7.00%) to five percent (5.00%). Amendment No. 6 also
extended the Agreement from June 30, 2012 to December 31, 2012, with an option for
an additional six (6) month extension from December 31, 2012 to June 30, 2013; and
Whereas, the City desires the option to extend the Agreement for an additional
six (6) months from December 31, 2012 to June 30, 2013; and
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Whereas, both City and Contractor agree to the adjustment to the Agreement
and now wish to document said Agreement by jointly approving this Amendment No. 7
to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
I. TERM
The term of the Agreement is extended to June 30, 2013.
II. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
CITY OF MOORPARK: DAVID S HOPKINS, DBA PACIFIC
SWEEP:
S even Kueny, City Manager David S. Hopkins, Owner
ATTEST:
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Maureen Benson, City Clerk
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Agreement for Street Sweeping Services
Amendment No. 7 15 8
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