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HomeMy WebLinkAboutItem no. 08 Amend No. 1 Janitoral Services FY 19-20City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-217 Agenda Date: 6/25/2019 Status: PassedVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 8) Amendment No. 1 to the Agreement for Janitorial Services for FY 19/20 Approve and authorize the City Manager to execute Amendment No. 1 with Omni Enterprise, Inc., for FY 2019-20 for Janitorial Services, in the amount of $102,600.00, plus $10,000.00, for unforeseen additional services, bringing the not to exceed amount to $112,600, and in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 6/2/2023 REPORT TO CITY COUNCIL To:Honorable Mayorand Members of the City Council From:Grant Yates, City Manager Prepared By: Catherine Eakins, Public Works Administrative Assistant Date:June 25, 2019 Subject:Amendment No. 1totheOmni Enterprise, Inc. Contract forJanitorial Servicesfor FY19-20 Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the contract with Omni Enterprise, Inc., for FY 2019-20for Janitorial Services,in the amount of $112,860plus $10,000 for unforeseen additional services, bringing the not to exceed contract total to $122,860, in the form attached and in such final form as approved by the City Attorney. Background On June 12,2018, the City approved the contract with Omni Enterprise, Inc., forCitywide Janitorial Servicesin the amount of $97,000 which included $10,000for unforeseen additional services. The term of the contract was for 12-months, with the option of extending three (3) additional 12-month terms. Discussion Staff would like to use the option to extend the contract anadditional 12-month term and increase compensation. Justification forthe increase in compensation inFY19-20,is the additional services Omni has taken on atthe requestof the Cityat city parks from three days to seven-dayper week.In addition to increase in operation costs i.e. increase in minimum wage and the increase in gas prices. Fiscal Impact Funding has been budgeted for in the FY2019-20 Public Works Operating Budget. Exhibits A -Amendment No. 1 A1-Supplemental Proposal B -Original Agreement AMENDMENTNO. 1 TO AGREEMENTFOR CONTRACTORSERVICES Omni Enterprises, Inc. Janitorial Services This Amendment No. 1to Agreement for ContractorServices (“Amendment No. 1”) is made and entered into as ofJuly 1, 2019by and between the City of Lake Elsinore,a municipal corporation(“City), and Omni Enterprises, Inc.(“Contractor”). RECITALS A.The City and Contractorhave entered into that certain Agreement for Contractor Servicesdated as of July 1, 2018(the “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.The Original Agreement provided for compensation to Contractorin an amount not to exceed Ninety-Seven Thousanddollars ($97,000) per fiscal year. C.The term of the Original Agreement was for twelve(12) months and allowsthe City to extend the term on a 12-month basis, not to exceed three(3) additional 12-month renewals. D.The parties now desire toextend the term of the Original Agreementan additional 12-months, modify the scope of services and increase the payment for such services as set forth in this Amendment No. 1 NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth herein, City and Contractoragree as follows: 1.Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: In addition to the foregoing, the Contractor’s Scope of Service shall include the services and related work described in Contractor’s Supplemental Proposal attached as Exhibit A-1. Notwithstanding Section 3 of this Agreement, Contractor’s additional compensation as described in Contractor’s Supplemental Proposalshall be $122,860 for Fiscal Year 2019-2020. 2.Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2019and ending on June 30, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two(2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3.Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractorshall be in accordance with the fees set forth in Contractor’sProposal (Exhibit A to the Original Agreement). In no event shall Contractor’scompensation related to Exhibit A to the OriginalAgreement and Exhibit A-1 attached hereinexceed One HundredTwenty-TwoThousand Eight HundredSixty dollars ($122,860) for Fiscal Year 2019-2020without additional written authorization from the City. Notwithstanding any provision of Contractor’sProposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signatures on next page] IN WITNESS WHEREOF,the parties have caused this Amendment No. 1to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” Omni Enterprise, Inc. By: Dante Perez -CEO Date:____________________ Attachments:Exhibit A1–Supplemental Proposal Exhibit B –Original Agreement EXHIBIT A1 SUPPLEMENTAL PROPOSAL [ATTACHED} EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] OMNI ENTERPRISE , INC A ES 06/10/2019 Attention: Catherine George Eakins Administrative Assistant. Public Works Department City of Lake Elsinore. SUPLEMENTAL PROPOSAL Omni Enterprise Proposes the following additional prices for: • Park restrooms seven (7) days per week................$ 250.00 Per restroom per month. • Additional price for closing 5 park gates 7 days/week .........$ 200.00 per month. • Increase due to minimum wage and gas prices.......... 10% Overall Contract price. Sincerely, r Dant erez President