HomeMy WebLinkAboutItem No. 07 Amend. No. 3 Discount Hauling & Cleanup ServiceCity of Lake Elsinore 130 South Main Street
__ Lake Elsinore, CA 92530
II www.lake - elsinore.org
VV °"` IKo - Text File
File Number: TMP 19 -783
Agenda Date: 6/9/2020 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
Agenda Number: 7)
File Type: Council Consent
Calendar
City of Lake Elsinore Page 1 Printed on 61412020
CITY OF ih41
4
LAKE LSIAO E
L �
DREAM EXTREME
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Justin Kirk, Assistant Community Development Director
Date: June 9, 2020
Subject: Amendment No. 3 to an Agreement with Discount Hauling & Cleanup Service
for Emergency and Nonemergency Nuisance Abatement Cleanup Services
Recommendation
Authorize the City Manager to execute Amendment No. 3 to an agreement with Discount Hauling
& Cleanup Service for emergency and nonemergency nuisance abatement cleanup services in
an amount not to exceed $300,000 for Fiscal Year 2020 -2021 and to extend the agreement until
June 30, 2021, in such final form as approved by the City Attorney.
Background
The City Council on September 12, 2017, approved a Contractor Services Agreement with
Discount Hauling & Cleanup Service (DH) with a not to exceed agreement limit of $150,000. This
agreement was initially amended to increase the annual not to exceed amount to $300,000 and
subsequently amended to extend the initial term to June 30, 2020. DH performs several tasks in
support of Code Enforcement, including; trash and debris in public rights of way, homeless camp
cleanup, nuisance abatement cleanup and weed abatement.
Discussion
Staff is recommending extending the term of the agreement for a twelve -month term through June
30, 2021 as detailed in the original agreement. In addition, it is recommended to increase the
agreement with DH in order to provide adequate funding to perform the tasks identified in the
Contractor's scope of services. Because the agreement does not provide for any additional
extensions, City staff will solicit Requests for Proposals prior to July 1, 2021 for contractor services
commencing FY 2021 -2022.
Fiscal Impact
The Code Enforcement operating budget covers the costs of nuisance abatement of derelict
properties and homeless encampment clean up. Staff attempts to recover costs through billing
back to the property owners and /or abatement fines. Funds have also been programmed to Public
Works for emergency clean up following storms and to the Weed Abatement operating budgets
to meet their operational needs. Funds used for Weed Abatement of Private Property are billed
to the property owner of those lots cleared.
Exhibits
A — Amendment No. 3 - Discount Hauling & Cleanup Service
AMENDMENT NO.3
TO AGREEMENT FOR CONTRACTOR SERVICES (ON -CALL)
Discount Hauling & Cleanup Service
Emergency /Non- Emergency Nuisance Abatement Cleanup
This Amendment No. 3 to Agreement for Contractor Services (On -Call) ( "Amendment No.
3 ") is made and entered into as of July 1, 2020, by and between the City of Lake Elsinore, a
municipal corporation ( "City) and Julio Bustos dba Discount Hauling & Cleanup Service
( "Contractor "), for the purposes of emergency and non - emergency nuisance abatement cleanup.
RECITALS
A. On September 12, 2017, the City and Contractor entered into that certain
agreement entitled "Agreement for Contractor Services (On- Call)" for hauling and clean up
services ( "Original Agreement'). Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
B. On January 9, 2019, the City and Contractor entered into that certain amendment
entitled "Amendment No. 1 to Agreement for Contractor Services (On- Call)" ( "Amendment No.
1 ") in order to provide for compensation to Contractor for the remainder of the term.
C. On August 27, 2019, the City and Contractor entered into that certain amendment
entitled "Amendment No. 2 to Agreement for Contractor Services (On- Call)" ( "Amendment No.
2 ") in order to extend the term of the agreement to June 30, 2020.
D. The parties now desire to extend the term to June 30, 2021 for those items of work
included in "Exhibit A" attached hereto and incorporated by reference and provide for
compensation in an amount not to exceed $300,000 during fiscal year 2020 -21.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 2 C, Term and Compliance with Task /Work Order System, is hereby
amended to read in its entirety as follows:
Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall continue in full force and effect for until June 30, 2021.
Contractor hereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the
issuance of a Task/Work Order by the City. Contractor acknowledges that
it is not guaranteed any minimum or specific amount of work or services as
all work or services shall be authorized through a Task/Work Order issued
by the City.
2. The first paragraph of Section 3, Compensation, is hereby amended to read in its
entirety as follows:
Compensation to be paid to Contractor shall be in accordance with the fees
set forth in Exhibit A, which is attached hereto and incorporated herein by
Page 1
reference. In no event shall Contractor's compensation for services set
forth in Exhibit A exceed Three Hundred Thousand ($300,000) during fiscal
year 2020 -21, without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out
of pocket expenses set forth in Exhibit A shall be reimbursed at cost
without an inflator or administrative charge. Payment by City under this
Agreement shall not be deemed a waiver of defects, even if such defects
were known to the City at the time of payment.
3. The Original Agreement as amended by Amendment No. 1, Amendment No. 2 and
this Amendment No. 3 shall hereafter be collectively referred to as the "Agreement ". Except for
the changes specifically set forth in this Amendment No. 3, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed
on the respective dates set forth below.
"CITY"
CITY OF LAKE ELSINORE, a
municipal corporation
Grant Yates, City Manager
ATTEST:
Candice Alvarez, MMC
City Clerk
APPROVED AS TO
FORM:
Barbara Leibold, City Attorney
Page 2
"CONTRACTOR"
Julio Bustos dba Discount Hauling &
Cleanup Service
Julio Bustos, Owner