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cc 2023 AR 09/26 third amendment to agrmt with aztec landscaping

Vista City Council
September 26, 2023

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cc 2023 AR 09/26 third amendment to agrmt with aztec landscaping
Meeting
September 26, 2023
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Vista City Council
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4
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ACTION:
____________________________
Clerk/Secretary
Department: Public Works Item No: C04
Prepared by: Leslie Webb-Blanco, Management Analyst Meeting Date: September 26, 2023 Approved by:

Kuna Muthusamy, P.E., Director
John Conley, City Manager Agenda Location: Consent
SUBJECT: THIRD AMENDMENT TO THE AGREEMENT WITH AZTEC LANDSCAPING, INC. FOR

WEED ABATEMENT AND WASTE REMOVAL SERVICES
RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving the third amendment to the agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services.

CORRELATION TO CITY COUNCIL GOALS: Public Safety and A Cleaner Vista.

PRIOR ACTION: On June 23, 2020, adopted City Council Resolution No. 2020- 109, approving an agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services (Vote: 5-0).

On June 23, 2015, adopted City Council Resolution No. 2015-123, approving an agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services (Vote: 4-0, Aguilera absent).

STATEMENT ON THE SUBJECT: The Public Works and Fire Departments require the services of a qualified contractor to perform weed abatement and waste removal services throughout the City. For Public Works, the removal of weeds, overgrown vegetation and miscellaneous trash is necessary along sewer drainage easements to maintain access for street and wastewater crews. Park maintenance staff utilize these services along slopes, medians, and in various open space areas of the City to perform fire fuel abatement. The Fire Department requires these services for nuisance abatement activities on private properties where overgrown weeds and brush constitute a fire hazard to buildings or other property.

The current agreement was competitively bid and awarded to Aztec Landscaping, Inc. on June 23, 2020.

Subsequently, on July 28, 2022, the agreement was amended to increase the ceiling the maximum allowable amount under the City Manager’s signature authority.

Due to an increased need for the above-mentioned services, staff is requesting an amendment to the agreement to increase the ceiling by $400,000 to allow for additional as-needed services for the duration of the contract. The contract term will expire on June 30, 2024 and has one additional allowable extension option through June 30, 2025.

FISCAL IMPACT: Sufficient funding is available to perform these services in the Fiscal Year 2023/24 and 2024/25 Operating Budget in the following accounts:

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-163. Vote: 5-0.

MEETING DATE: SEPTEMBER 26, 2023 PAGE 2
SUBJECT: THIRD AMENDEMENT TO THE AGREEMENT WITH AZTEC LANDSCAPING, INC. FOR

WEED ABATEMENT AND WASTE REMOVAL SERVICES
Account Name Account No. Annual Budget
Stormwater Maintenance Service Contracts 5010470.521040.00242 $6,000 Park Maintenance Service Contracts 0010525.521040.00242 $35,000 Sewer Maintenance Service Contracts 5010460.521040.00242 $30,115 Buena Sanitation Dist. Maint. Service Contracts 5040480.521040.00242 $15,535 Fire Prevention Service Contracts 0010270.521040 $35,000 TOTAL ANNUAL BUDGET $121,650
Additional funding to be allocated on a project basis as needed.

EXHIBITS:

1.City Council Resolution No. 2023- , approving the third amendment to the agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services.

2.Third Amendment to the Agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services.
09/26/2023 C04 2 of 4

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH AZTEC LANDSCAPING, INC. FOR WEED ABATEMENT

AND WASTE REMOVAL SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A.On June 23, 2020 the City of Vista entered into an agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services.

B.The City desires to amend the agreement to increase the cumulative contract ceiling by $400,000 from $419,050 to a new cumulative not-to-exceed contract ceiling of $819,050 to compensate the contractor for additional as-needed services.

2. Action.

A.The Third Amendment to the Agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services is approved, and the Mayor is authorized to execute the amendment.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 26, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20230912151100
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
09/26/2023 C04 3 of 4
EXHIBIT 1

{00111775 1}

THIRD AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND AZTEC LANDSCAPING, INC. FOR WEED ABATEMENT AND WASTE

REMOVAL SERVICES
THIS Third AMENDMENT (“Third Amendment”) to the Contract between the City of Vista and Aztec Landscaping, Inc., dated June 23, 2020 (“Contract”), is made and entered into as of _______________________ (“Third Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and Aztec Landscaping, Inc., a California corporation (“Contractor”).

Recitals: City and Contractor now desire to enter into a Third Amendment to the Contract by modifying the terms of the Contract.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1. Section 2.5 is amended increase the contract ceiling by $400,000 to a new total cumulative ceiling of $819,050 over the five year term, to compensate Contractor for additional as-needed services.

2.All other conditions of the Contract not specifically amended or superseded by the terms herein shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have executed and entered into this Third Amendment as of the Third Amendment Date.

CITY OF VISTA, a chartered municipal
corporation
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:

APPROVED
Amanda L. Guy
20230831153747
AZTEC LANDSCAPING, INC., a California
corporation
By:

NAME/Title
By:

NAME/Title
September 6, 2023

RAFAEL AGUILAR, CEO
09/26/2023 C04 4 of 4
EXHIBIT 2

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