02-02-2021 - AGENDA ITEM 05 CONSIDERATION OF FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT WITH MARIPOSA LANDSCAPES, INC.AGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: February 2, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO CONTRACT SERVICES
AGREEMENT WITH MARIPOSA LANDSCAPES, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to negotiate and execute the First
Amendment to the Contract Services Agreement with Mariposa Landscapes, Inc., providing for a month -to -
month extension of the agreement with a monthly maximum compensation of $17,653.33.
BACKGROUND:
Mariposa Landscapes, Inc. (Mariposa) has been providing landscape maintenance of citywide medians, right-
of-ways, commercial zones, sidewalks, tree wells and other areas to the City of West Covina since November
1999. On February 2, 2016, the City entered into a new agreement with Mariposa for a term of five (5) years,
with three optional one-year extensions.
DISCUSSION:
On February 2, 2016, staff recommended and City Council awarded the agreement in the amount of $1,059,200
for the five(5)-year term. At that time the agreement was awarded, the monies for the three (3) one (I) -year
extension options were not included in the $1,059,200. The agreement total with the three (3) extensions should
have been approved in the amount of $1,694,720. As the approved amount did not include the extension
options, the current agreement cannot be extended without increasing the total compensation.
Instead of exercising an extension option, staff has been directed to issue a Request for Proposals (RFP) for the
services. In the interim, in order to ensure that there is no lapse in services, staff recommends that City Council
authorize the City Manager to execute the First Amendment to the agreement, which provide for a month -to -
month extension of the agreement, with a monthly maximum compensation of $17,653.33 (the current
maximum monthly compensation). Staff anticipates completing the RFP process and seeking Council
authorization for award of a new agreement tentatively in June 2021.
LEGAL REVIEW:
The City Attorney's Office has reviewed the amendment and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Adopt staff's recommendation;
2. Provide alternative direction.
Prepared by: Renee M. G. Chavez, Accounting Technician
Fiscal Impact
FISCAL IMPACT:
The total cost for the remainder of the 20-21 fiscal year would be $81,600. There are sufficient funds available
in this year's operating budget Account No. 124.61.4141.6130 to cover the $81,600 for the remainder of this
Fiscal Year.
Attachments
Attachment No. 1 - First Amendment to Agreement with Mariposa Landscapes, Inc.
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
ATTACHMENT NO. 1
FIRST AMENDMENT TO
CITY OF WEST COVINA
CONTRACT SERVICES AGREEMENT
WITH
MARIPOSA LANDSCAPES, INC.
FOR
LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHTS -OF -WAY,
COMMERCIAL ZONES, PARKWAYS AND OTHER AREAS
THIS FIRST AMENDMENT ("Amendment') is made and entered into as of the 1st day of
February, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal
corporation ("City"), and MARIPOSA LANDSCAPES, INC., a California corporation ("Contractor').
WHEREAS, City and Contractor entered into a Contract Services Agreement dated
February 2, 2016 for Contractor to provide landscape maintenance of citywide medians, rights -
of -way, commercial zones, parkways and other areas ("Original Agreement'); and
WHEREAS, Section 3.4 of the Original Agreement provides for an initial term of five (5)
years, commencing on the date Contractor commences work, with the option for City and
Contractor to extend the term for up to three (3) additional one (1) year periods; and
WHEREAS, City and Contractor desire to confirm that Contractor commenced work on
February 2, 2016; and
WHEREAS, City and Contractor desire to amend Section 3.4 of the Original Agreement
to remove the annual extension options and instead provide that the term of the Original
Agreement shall automatically extend on a month -to -month basis until terminated by City; and
WHEREAS, City and Contractor desire to add a provision authorizing the City to terminate
the Agreement at any time by providing fifteen (15) days written notice to Contractor; and
WHEREAS, City and Contractor desire to set forth Contractor's compensation for the
monthly extension periods accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. City and Contractor hereby confirm that Contractor commenced work on February
2, 2016.
2. Section 3.4 of the Original Agreement shall be amended to read as follows:
3.4 Term — Unless earlier terminated in accordance with this Agreement, this
Agreement shall continue in full force and effect for a period of five (5) years,
commencing on February 2, 2016 and ending on February 1, 2021. Thereafter, the
term of this Agreement shall automatically extend for successive one (1) month
periods until such time as City provides Contractor with written notice of
termination in accordance with Section 3.5 of this Agreement.
Mariposa Landscapes, Inc.
First Amendment
Form Revised April 2020
3. The Original Agreement shall be amended to add a new Section 3.5 to read as
follows:
3.5 Termination — The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing
at least fifteen (15) days prior written notice to Contractor. In the event of such
termination, Contractor shall immediately stop rendering services under this
Agreement unless directed otherwise by the City. If the City suspends, terminates
or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
Commencing February 2, 2021, Contractor's monthly compensation shall not
exceed Seventeen Thousand Six Hundred Fifty -Three Dollars and Thirty -Three
Cents ($17,653.33.00). Contractor shall be paid in accordance with Section 2.1 of
the Original Agreement.
5. All terms not defined herein shall have the same meaning and use as set forth in
the Original Agreement.
6. All other terms, conditions, and provisions of the Original Agreement shall remain
in full force and effect.
[SIGNATURE PAGE FOLLOWS.]
Mariposa Landscapes, Inc.
First Amendment
Form Revised April 2020
IN WITNESS WHEREOF, City and Contractor have executed this Amendment as of the
date set forth above.
CITY OF WEST COVINA CONTRACTOR
David Carmany Terry Noriega
City Manager President
ATTEST
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
Mariposa Landscapes, Inc.
First Amendment
Form Revised April 2020