HomeMy WebLinkAboutAGENDA REPORT 2013 0605 CCSA REG ITEM 10J ITEM 10.J.
City Council Meeting
MOORPARK CITY COUNCIbN:
AGENDA REPORT
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared By: Teri Davis, Senior Management Analyst
DATE: May 24, 2013 (CC Meeting of 06/05/13)
SUBJECT: Consider Amendment No. 8 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 seven 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 current Agreement with Pacific Sweep is set to expire on June 30, 2013. Future street
sweeping costs may be reimbursed to the City from the City's franchise solid waste
haulers. On December 31, 2012, the City Council approved extending the City's existing
479
Honorable City Council
June 5, 2013
Page 2
solid waste Franchise Agreements to June 30, 2013, while transition discussions continue.
It is anticipated that the term of the solid waste Franchise Agreements will be extended to
December 31, 2013. Consequently, the street sweeping Agreement should be extended
for another six months, to December 31, 2013, 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, 2013 to
December 31, 2013, if determined by the City Manager to be necessary.
FISCAL IMPACT
Amendment No. 8 will include the extension of street sweeping services until December
31, 2013. Compensation for this Amendment for services provided between July 1, 2013
and December 31, 2013, shall not exceed $58,350.00. The City's FY 2013/14 draft budget
has sufficient funds to cover the extension of street sweeping services.
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 8 to the Agreement with David S.
Hopkins (Pacific Sweep) for Street Sweeping Services, extending the Agreement until
December 31, 2013.
Attachment: Draft Amendment No. 8 for Street Sweeping Services
S:\Public Works\Everyone\Reports\Staff Reports\2013\June\06-05-2013(Pacific Sweep Amendment No 8).doc 480
AMENDMENT NO. 8 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
2013, 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 "Consultant."
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, 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, the City now desires to extend the term of the Agreement from June
30, 2013 to December 31, 2013.
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. Section II, Term, of the Agreement is amended to read, in its entirety, as follows:
481
"The term of this Agreement shall commence on January 5, 2000, and shall
extend through December 31, 2013, unless extended or terminated as provided for in
Section 24 of this Agreement."
II. Compensation
Compensation for this Amendment for services provided between July 1, 2013
and December 31, 2013, shall not exceed $58,350.00, without a written Amendment to
this Agreement executed by both parties.
III. Remaining Provisions
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
In witness whereof, the parties hereto have executed this Amendment on the
date and year first above written.
CITY OF MOORPARK DAVID S. HOPKINS, dba PACIFIC SWEEP
Steven Kueny, City Manager David S. Hopkins, Owner
Attest:
Maureen Benson, City Clerk
David S. Hopkins, dba Pacific Sweep 2482