HomeMy WebLinkAbout2014-01-14; City Council; Resolution 2014-0051 RESOLUTION NO. 2014-005
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 3 TO AMEND,
EXTEND, AND FUND AGREEMENT WITH NISSHO OF CALIFORNIA,
4 INC., FOR MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE
SERVICES FOR A PERIOD OF ONE YEAR
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WHEREAS, on February 3, 2010, the City of Carlsbad (City) and Nissho of California, Inc.
(Nissho) executed Amendment No. 1 to the Agreement to extend, amend and fund the
Agreement for two years; and
WHEREAS, on January 18, 2012, the City and Nissho executed Amendment No. 2 to the
11 Agreement to extend, amend and fund the Agreement for two years; and
12 WHEREAS, on January 22, 2014, the full six-year term ofthe Agreement would ordinarily
13 • ^ expire; and
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WHEREAS, the City is presently conducting a best value evaluation of proposals received
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from a request for proposals on parks maintenance services, inclusive of median, parkway, and
jy landscape maintenance services; and
18 WHEREAS, upon completion of the best value evaluation, the potential award of new
19 service agreement(s) may be subject to a meet and confer process with the Carlsbad City
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Employees Association on any impacts to full-time staff; and
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WHEREAS, a meet and confer process of this nature could take up to several months to
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complete; and
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24 WHEREAS, the City desires to have continue to perform median, parkway, and
25 landscape maintenance services for the period of time when the full term of the Agreement
would ordinarily expire, and the new service agreement(s) could be implemented; and
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1 WHEREAS, Nissho has expressed an interest in continuing to perform City median,
parkway, and landscape maintenance services for an additional year; and
WHEREAS, the Agreement contains a provision whereby either party may terminate the
Agreement upon ninety (90) days written notice to the other party; and
WHEREAS, the City and Nissho desire to alter the Agreement's scope of work to include
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7 the maintenance of additional medians, parkways, and landscapes; and
8 WHEREAS, the City and Nissho desire to extend, amend, and fund the Agreement for a
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period of one year; and
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WHEREAS, the City and Nissho have negotiated and agreed to a scope of work and fee
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schedule; and
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j3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
14 California, as follows that:
1. The above recitations are true and correct.
1^ 2. In addition to those services contained in the Agreement with Nissho of
17 California, Inc., as may have been amended from time to time. Amendment No.
18 3 to amend, extend, and fund the Agreement for median, parkway, and
landscape maintenance services, for a period of one year, is hereby approved.
3. The total annual Agreement amount shall not exceed Eight Hundred Forty-five
Thousand, Five Hundred Seventy-seven dollars and Four cents ($845,577.04).
4. This Agreement is funded from the parks & recreation department/parks
maintenance operating budget - general fund.
5. Sufficient appropriations are available to fund the total potential amendment or
portions thereof.
6. The Mayor is authorized to execute Amendment No. 3 on behalf of the City of
26 Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 14th day of Januarv. 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn.
None.
ABSENT: Council Member Douglas.
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ATTEST:
BARBARA ENGLESON, glty Clerk
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