CITY OF POMONA
COUNCIL REPORT
January 22, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, Acting City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: RETROACTIVELY APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH LAWNSCAPE SYSTEMS, INC. TO UPDATE AND CORRECT CONTRACT AMOUNTS RECOMMENDATION:
It is recommended that the City Council take the following actions:
Retroactively approve a second amendment to the agreement with Lawnscape Systems, Inc. to update and correct contract amounts, effective November 1, 2022 through October 31, 2023, at a total contract amount not-to-exceed $269,238; and Authorize the City Manager, or designee, to execute the amended agreement with Lawnscape Systems, Inc., subject to review by the City Attorney.
EXECUTIVE SUMMARY:
The second amendment (Attachment No. 1) to the agreement with Lawnscape Systems, Inc. (Lawnscape) will update and correct the contract amounts for Citywide Weed Abatement, and Minor Insect and Pest Control Services, and will allow staff to pay the outstanding, final invoice.
FISCAL IMPACT:
There is sufficient funding in the Fiscal Year 2023-24 Operating Budget under 208-4062-52285-00000 (Controllable Contract Services) to pay for the final invoice in the amount of $464.
PREVIOUS RELATED ACTION:
On October 19, 2020, the City Council awarded a one-year contract, with two (2) optional one-year extensions, to Lawnscape for Citywide weed abatement, and minor insect and pest control services effective November 1, 2020 through October 31, 2021 in an amount not-to-exceed $87,500 for the first year.
DISCUSSION:
Lawnscape Systems, Inc. was awarded a one-year contract with two optional, one-year extensions to provide weed abatement, and minor insect and pest control services on approximately 400 miles of City streets, vacant lots, slopes, open space, rights-of-way, and miscellaneous areas throughout the City. The initial award of contract only included funding for the first year of the agreement ($87,500), and did not include funding for the two optional extensions.
Given the language regarding the two optional one-year extensions, the City granted the first extension, commencing November 1, 2021 through October 31, 2022, via purchase order, at the annual amount of $87,500.
The City then executed a first amendment to extend the agreement through October 31, 2023, the final extension, for a total amount of $94,237.50. The annual contract amount was adjusted to include the Consumer Price Index (CPI) increase per the language in the agreement.
Upon further review of the documents, Staff discovered a discrepancy in the language of the agreement and first amendment. The language failed to clarify that the amount of $87,500 was only for the first year of services. Rather, the language reads as if the $87,500 was the total funding for the full 3-year term. After consulting with the City Attorney’s Office, it was determined that a second amendment is necessary to correct the contract amounts and increase the not-to-exceed total contract amount to $269,238 to account for all three years of the contract term. During the term of this agreement, the City has paid Lawnscape a total of $241,804.66 to date. Approval of the second amendment will further allow staff to amend the final Purchase Order by $464 to pay the outstanding, final invoice.
Lawnscape’s contract term ended on October 31, 2023. They are no longer the vendor providing Citywide weed abatement, and minor insect and pest control services. Therefore, it is recommended that the City Council approve the second amendment, which updates and corrects the total contract amount and allows staff to pay the final invoice.
Prepared by:
Maritza Sosa-Nieves, Sr. Management Analyst
Attachment
Attachment No. 1 – Lawnscape 2nd Amendment - Draft
Retroactive Approval of Second Amendment to Agreement with Lawnscape Systems, Inc.