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HomeMy WebLinkAbout25A - AGMT - CUSTODIAL SRVS IN PARKSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: March 18, 2014 TITLE: AGREEMENT AMENDMENT FOR BELL BUILDING MAINTENANCE COMPANY FOR CUSTODIAL SERVICES AT SANTA ANA PARK RESTROOMS IN DISTRICTS THREE AND FOUR CITY MANAGflR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement amendment, with Bell Building Maintenance Company to increase the agreement amount by $12,000 for a total amount not to exceed $88,389 and extend the agreement to May 31, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In May, 2012 the, City entered into an agreement with Bell Building Maintenance for custodial services of Santa- Ana park restrooms in districts three and four of the city. The agreement included a 10% contingency for unforeseen circumstances. The City has expended the contingency funds and is requesting an agreement amount increase to service two additional restrooms that came into existence during the term of the agreement, continue services through the extended term and to replace restroom fixtures damaged by vandalism. Additionally, the agreement's term concludes on May 21, 2014. An agreement extension to May 31, 2014 is being requested to have the agreement end -date coincide with the month -end. The City has issued a request for proposals for a new term, which is expected to be awarded on May 20, 2014 and commence on June 1, 2014. FISCAL IMPACT Funds are available in the Park Services M &R Buildings and Grounds account (no. 01113250 62320). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency /i Exhibit 1: Agreement Amendment 25A-1 25A -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 21" day of May, 2014, between Bell Building Maintenance Company, a California corporation (hereinafter "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into Agreement A -2008 -093 dated May 23, 2008, hereinafter referred to as "said Agreement" by which Contractor provides park rest room maintenance services for Santa Ana park districts 3 and 4. B. By Amendments dated May 22, 2010 and May 21, 2012 the City exercised its option to extend the term of the Agreement for additional two -year periods. The current extension expires May 22, 2014. C. During the term of the agreement two (2) additional park rest rooms came into existence for which the Contractor has been providing maintenance services. This additional work and restroom fixture replacement caused by vandalism has subsequently caused the expiration of the allotted funds prior to the end of the Agreement and requiring the need for an additional $12,000. Additionally, the parties desire to extend the term of the Agreement through the end of the final month of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended by $12,000 to reflect the City's costs related to the need for servicing of the extra restrooms and fixture replacement, to an annual amount not to exceed $88,389. 2. Section 4, TERM, shall be amended to reflect the parties' desire to extend the Agreement through the end of its final month, i.e., through May 31, 2014. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council 25A -3 CITY OF SANTA. ANA David Cavazos City Manager APPROVED AS TO FORM: SOMA CARVALHO City Attorney n Assistant City Attorney 25A -4 BELL BUILDING MAINTENANCE COMPANY