AGENDA REPORT. Meeting Date: June 29, 2017 Item Number: E 27 To: From:

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1 Meeting Date: June 29, 2017 Item Number: E 27 To: From: Subject: AGENDA REPORT Honorable Mayor & City Council Ken Pfalzgraf, Urban Forest Manager Caitlin Sims, Senior Management Analyst AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND WEST COAST ARBORISTS, INC. FOR TREE CARE SERVICES Attachments: 1. Amendment No West Coast Arborists, Inc. Letter RECOMMENDATION Staff recommends City Council move to approve Amendment No. 3 to an Agreement between the City of Beverly Hills and West Coast Arborists, Inc. (WCA) for tree care services. The amendment will prohibit WCA from conducting private contract work within the City, other than for the City. The Beverly Hills Unified School District (BHUSD) would also be allowed to utilize WCA for work provided that all required City permits are secured. INTRODUCTION In November 2016, staff released a request for proposals (RFP) for tree services work. The City received and reviewed three proposals, which featured cost increases ranging from 23% to 61% above the current contract pricing structure. Staff presented this information to the Recreation and Parks City Council Liaison at a meeting on February 13, 2017, and the consensus of the Liaison was that staff should reject all bids and exercise the City s right to extend the terms of the agreement for the remainder of the option years, which extends to 2019, to preserve current pricing. The City issued the extension letter to WCA on February 14, 2017, notifying the company that the City is exercising its right to extend the terms of the current agreement through December DISCUSSION City staff presented the Liaison s recommendation at the May 2, 2017, City Council Study Session to allow City Council input on this action. City Council concurred with the Liaison s recommendation and directed that staff amend the contract to prohibit WCA from performing contract work with other customers. Additionally, City Council provided Page 1 of2

2 Meeting Date: June 29, 2017 direction to allow BHUSD to contract with WCA for its tree service needs, provided that WCA has received written permission from the City. The attached agreement amendment provides this language. WCA has agreed to this provision, as indicated in Attachment 2. There are no other changes to the agreement in this amendment. FISCAL IMPACT None. Page 2 of 2 6/20/2017

3 Attachment 1

4 AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND WEST COAST ARBORISTS, INC. FOR TREE CARE SERVICES NAME OF CONTRACTOR: West Coast Arborists, Inc. RESPONSIBLE PRINCIPAL OF CONTRACTOR: Patrick Mahoney, President CONTRACTOR S ADDRESS: 2200 E. Via Burton Street Anaheim, CA CITY S ADDRESS: City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA Attention: Trish Rhay, Assistant Director of Public Works COMMENCEMENT DATE: January 1, 2011 TERM INATION DATE: December 31, 2019, unless extended pursuant to Section 2 of the Agreement CONSIDERATION: Original Agreement: Not to exceed $1,330,176 per year, as more fully described in Exhibit B Amendment No. 1, commencing January 1, 2014: Not to exceed $1,330,176 per year and an additional $60,000 per year, as more fully described in Exhibit B. Amendment No. 2, commencing January 1, 2017: Not to exceed $1,692,271 per year as more fully described in Exhibit B. B \ v1.doc

5 AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND WEST COAST ARBORISTS, INC. FOR TREE CARE SERVICES This Amendment No. 3 is to that certain Agreement dated December 21, 2010 and identified as Contract No (the Agreement ), as amended by Amendment No. 1 dated May 20, 2014 and identified as Contract No , amended by Amendment No. 2 dated May 2, 2017 and identified as Contract No , copies of which are on file in the office of the City Clerk, between the City of Beverly Hills, a municipal corporation ( CITY ) and West Coast Arborists, Inc. ( CONTRACTOR ) for tree care services. RECITALS A. CITY and CONTRACTOR entered into an agreement for tree care services, which was previously amended. B. CITY desires to further amend the Agreement to amend the Scope of Work. NOW, THEREFORE, the parties hereto do amend the Agreement as follows: Section 1. Section 27, Other CONTRACTOR Work Within CITY, shall be added as follows: Section 27. Other CONTRACTOR Work Within CITY. CONTRACTOR is prohibited from conducting other contract work within CITY except as authorized in this Section. CONTRACTOR shall obtain written permission from CITY prior to engaging in any work for the Beverly Hills Unified School District. Once that permission is obtained, CONTRACTOR may perform work for the Beverly Hills Unified School District provided that all the required local, state and federal permits, plans and authorizations are submitted and approved by CITY and/or other authorized public agency. Section 2. Except as specifically amended by this Amendment No. 3, all terms and conditions set forth in the Agreement shall remain in full force and effect. B \ v1.doc -2-

6 EXECUTED the day of 2017, at Beverly Hills, California. CITY OF BEVERLY HILLS A Municipal Corporation ATTEST: BYRON POPE City Clerk (SEAL) LILI BOSSE Mayor of the City of Beverly Hills, California CONTRCOAST ARBORISTS, INC. PATRlc K MAHONEY APPROVED AS TO FQRM: APPROVED AS TO CONTENT: LAURENCE S. WIE City Attorney ER City Dl LUZRI ag,2 S N STE1N tor Ii )york2 RON L HEUREUX DRESSEL Interim Risk Manager B J\ v1.doc -3-

7 Attachment 2

8 Thee Care Professionals Sen4ng Communities Who Care About Trees May 15, 2017 City of Beverly Hills ATTN: Ken Pfalzgraf Urban Forestry Manager 450 North Crescent Dr. Beverly Hills, CA RE: TREE MAINTENANCE SERVICES AGREEMENT Dear Mr. Pfalzgraf, We are in receipt of your letter dated February 14, 2017, extending the time of performance as set forth in Section 2 of the current Agreement. As a point of clarification, our firm will not perform tree work for private residences or for commercial properties within Beverly Hills City limits. On very rare occasions, we do perform work on behalf of the Beverly Hills Unified School District (BHUSD), however, prior to submitting pricing for and/or engaging in any work for BHUSD we will seek written permission from the City of Beverly Hills. We appreciate your ongoing efforts to make this Agreement successful for both parties. Should you have any questions, or requite additional information please do not hesitate to contact me at (800) Sincerely, Patrick Mahoney President West Coast Arborists, Inc E Via Burton Street Anaheim, CA Fax