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Home My WebLink AboutAGENDA REPORT 2018 0801 CCSA REG ITEM 10MCITY OF MOORPARK, CALIFORNIA City Council Meeting of 8/1/2018 ACTION Approved staff recommendation BY M. Benson M. Consider Amendment No. 5 to Agreement with Mariposa Landscapes, Inc. for Tree Maintenance Services. Staff Recommendation: Approve Amendment No. 5 to Agreement with Mariposa Landscapes, Inc. for Tree Maintenance Services, subject to final language approval of the City Manager. Item: 10.M. MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director PREPARED BY: Chris Ball, Management Analyst DATE: 08/01/2018 Regular Meeting SUBJECT: Consider Amendment No. 5 to Agreement with Mariposa Landscapes, Inc. for Tree Maintenance Services BACKGROUND & DISCUSSION On October 1, 2014 the City Council approved a Tree Maintenance Services Agreement with Mariposa Landscapes, Inc. (Mariposa), with a 24-month initial term and three optional one-year extensions. While the Agreement itself detailed the annual compensation of $256,795, the recommendation in the staff report neglected to specify the annual nature of this expense, and erroneously referred to it as a total cost. This administrative error went unnoticed until recently, when staff was reviewing Amendment No. 5 to the Agreement, which would implement the third optional one-year extension and extend the Agreement term to September 30, 2019. Without this amendment, the Agreement will expire on September 30, 2018. While implementation of a term extension authorized by an executed contract would not normally require City Council approval, staff is bringing this item before the City Council in order to highlight the initial administrative error and reconfirm Council’s approval of the full Agreement term and compensation amount. Since execution of the Agreement, Mariposa has performed the services required under the Agreement, and the City has been compensating Mariposa accordingly. Four amendments have been executed to either adjust the scope of services and compensation, or extend the term. Two of these amendments required approval by City Council, the first on March 16, 2016 to add one-time tree removal services along Tierra Rejada Road at a cost of $334,788, and the second on March 15, 2017 to increase the annual compensation amount to $464,350. The March 15, 2017 staff report clearly itemized the contract values, and the staff recommendation highlighted the annual compensation amount. Item: 10.M. 649 Honorable City Council 8/1/2018 Regular Meeting Page 2 A historical summary of the contract value, organized by Amendment, is provided in the table below. If Amendment No. 5 is approved, the total contract value over the five year term will be $2,241,428. Date of Execution Description Cost Total Contract Value Agreement 12/23/14 2-years @ $256,795/yr. $513,590 $513,590 Amendment No. 1 6/1/16 One-time tree removal services $334,788 $848,378 Amendment No. 2 9/28/16 1-year extension $256,795 $1,105,173 Amendment No. 3 5/11/17 Increase annual compensation to $464,350 $207,555 $1,312,728 Amendment No. 4 9/15/17 1-year extension $464,350 $1,777,078 Amendment No. 5 Pending CC Approval 1-year extension $464,350 $2,241,428 Staff is satisfied with Mariposa’s performance under the Agreement for Tree Maintenance Services, and is recommending approval of Amendment No. 5 to implement the final available term extension and extend the term through September 30, 2019. FISCAL IMPACT The FY 18/19 Maintenance and Operations Budget includes funding for this work. STAFF RECOMMENDATION Approve Amendment No. 5 to Agreement with Mariposa Landscapes, Inc. for Tree Maintenance Services, subject to final language approval of the City Manager. Attachment: Amendment No. 5 650 AMENDMENT NO. 5 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARIPOSA LANDSCAPES, INC., FOR TREE MAINTENANCE SERVICES This Amendment No. 5 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Mariposa Landscapes, Inc., a corporation (“Contractor”), for tree maintenance services (“Agreement”), is made and entered into the ______ day of _______________________, 2018. RECITALS WHEREAS, on December 23, 2014 the City and Contractor entered into an Agreement to have the Contractor provide tree maintenance services; and WHEREAS, on June 1, 2016 the City and Contractor amended the Agreement to include removal of trees along the Tierra Rejada Road corridor, and increase the compensation for services to be performed by Contractor from five hundred thirteen thousand five hundred ninety dollars ($513,590), by a value of three hundred thirty-four thousand seven hundred eighty-eight dollars ($334,788), for a total contract value of eight hundred forty-eight thousand three hundred seventy-eight dollars ($848,378), and documented said agreement to amend by jointly approving Amendment No. 1 to the Agreement; and WHEREAS, on September 28, 2016 the City and Contractor amended the Agreement to extend the term for one (1) additional year expiring on September 30, 2017, and increase the compensation for services to be performed by Contractor from eight hundred forty-eight thousand three hundred seventy-eight dollars ($848,378), by two hundred fifty-six thousand seven hundred ninety-five dollars ($256,795), for a total contract value of one million one hundred five thousand one hundred seventy-three dollars ($1,105,173), and documented said agreement to amend by jointly approving Amendment No. 2 to the Agreement; and WHEREAS, on May 11, 2017 the City and Contractor amended the Agreement to increase the compensation for services to be performed by Contractor from one million one hundred five thousand one hundred seventy-three dollars ($1,105,173), by two hundred seven thousand five hundred fifty-five dollars ($207,555), for an annual value of four hundred sixty-four thousand three hundred fifty dollars ($464,350), and a total contract value of one million three hundred twelve thousand seven hundred twenty- eight dollars ($1,312,728), and documented said agreement to amend by jointly approving Amendment No. 3 to the Agreement; and WHEREAS, on September 15, 2017 the City and Contractor amended the Agreement to extend the term for one (1) additional year expiring on September 30, 2018, and increase the compensation for services to be performed by Contractor from one million three hundred twelve thousand seven hundred twenty-eight dollars ($1,312,728), by four hundred sixty-four thousand three hundred fifty dollars ($464,350), for a total contract value of one million seven hundred seventy-seven thousand seventy- Attachment 651 eight dollars ($1,777,078), and documented said agreement to amend by jointly approving Amendment No. 4 to the Agreement; and WHEREAS, the City and Contractor now desire to amend the Agreement for an additional 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 one million seven hundred seventy-seven thousand seventy-eight dollars ($1,777,078), by a value of four hundred sixty-four thousand three hundred fifty dollars ($464,350), for a total contract value of two million two hundred forty-one thousand four hundred twenty-eight dollars ($2,241,428), 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 the Agreement shall be from the date of execution and will expire on September 30, 2019, unless terminated as provided by this Agreement.” II. Section 5, PAYMENT, is amended by replacing the first 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 B and E, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed three hundred thirty-four thousand seven hundred eighty-eight dollars ($334,788) for removal of trees along the Tierra Rejada Road corridor, and for all other services performed under this Agreement five hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial twenty-four (24) month term of the Agreement, and four hundred sixty-four thousand three hundred fifty dollars ($464,350) for every subsequent year that the contract is extended, which extensions require a written Amendment to this Agreement executed by both parties, for a total contract value of two million two hundred forty-one thousand four hundred twenty-eight dollars ($2,241,428), unless additional payment is approved as provided in this Agreement.” III. Remaining Provisions: Except as revised by this Amendment No. 5, all of the provisions of the Agreement shall remain in full force and effect. Amendment No. 5 to Agreement between City of Moorpark and Page 2 Mariposa Landscapes, Inc. 652 In W itness W hereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK MARIPOSA LANDSCAPES, INC. _______________________________ _______________________________ Troy Brown City Manager Terry Noriega President Attest: _______________________________ Maureen Benson, City Clerk Amendment No. 5 to Agreement between City of Moorpark and Page 3 Mariposa Landscapes, Inc. 653