2010/05/18 ACE Weed Abatement, Inc. Weed abatement and parcel inspection services PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 181h day of
May, 2010 ("Effective Date") by and between the CITY OF MENIFEE ("City") and ACE
WEED ABATEMENT, INC. ("Consultant') (together sometimes referred to as the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in the Scope of Work attached as Exhibit
A, and incorporated here. Such work shall be provided at the time and place and in the manner
specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2010. Consultant shall begin any ordered work
described in Exhibit A prior to that date, unless the term of the Agreement is
otherwise terminated or extended as provided for in Section 8. The time provided
to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession and to the sole
satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to satisfy Consultant's
obligations hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a total sum not to
exceed$25,000 notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In
the event of a conflict between this Agreement and Exhibits A and B, regarding the amount of
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compensation, this Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified _
herein. Except as specifically authorized in advance by City, Consultant shall not bill City for
duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices per work order during the term of this
Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following
information:
• Serial identifications of bills; i.e., Bill No. 1 for the first invoice, etc.,
• The beginning and ending dates of the work performed under the work order;
• At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person
doing the work,the hours spent by each person, a brief description of the
work, and each reimbursable expense;
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred as set forth in Exhibit B. City shall have 30 days from the receipt
of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Purposely omitted.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this
Agreement other than expenses identified in Exhibit B. City shall make no
payment for any extra, further, or additional service pursuant to this Agreement
other than the Scope of Work identified in Exhibit A.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement,unless the Agreement is modified in writing prior to the
submission of such an invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown on the fee schedule identified on Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses will be limited to expenses
identified in Exhibit B and are included within the maximum amount of the
contract.
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2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination. Consultant
shall maintain adequate logs and timesheets in order to verify costs incurred to
that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant
shall, at its sole cost and expense,provide all facilities and equipment necessary to perform the
services required by this Agreement. City shall make available to Consultant only physical
facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for
Consultant's use while consulting with City employees and reviewing records and the
information in possession of the City. The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City. In no event shall City be required to furnish any
facility that may involve incurring any direct expense, including but not limited to computer,
long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Consultant has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies
required by this section throughout the term of this Agreement. The cost of such insurance shall
be included in the Consultant's compensation. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein
for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part.of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance
for any and all persons employed directly or indirectly by Consultant. The
Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000.00)per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The
insurer, if insurance is provided, or the Consultant, if a program of self-insurance
is provided, shall waive all rights of subrogation against the City and its officers,
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officials, employees, and authorized volunteers for loss arising from work
performed under this Agreement.
4.2 Commercial General Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the
term of this Agreement in an amount not less than ONE MILLION
DOLLARS ($1,000,000.00)per occurrence, combined single limit
coverage, for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement or the general aggregate limit shall
be at least twice the required occurrence limit. Such coverage shall include
but shall not be limited to,protection against claims arising from bodily
and personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this Agreement,
including the use of owned and non-owned automobiles.
4.2.2 Minimum scone of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of
the policy shall not affect coverage provided to City and its
officers, employees, agents, and volunteers.
4.3 Purposely omitted.
4.4 All Policies Requirements.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than ANII.
4.4.2 Verification of coverage. Prior to beginning any work under this I
Agreement, Consultant shall furnish City with Certificates of Insurance,
and upon request, complete certified copies of all policies, including
complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by
that insurer to bind coverage on its behalf.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified
endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled
by either party, or reduced in coverage or in limits, except after thirty(30)
days'prior written notice by certified, mail,return receipt requested, has
been given to the City. In the event that any coverage required by this
section is reduced, limited, cancelled, or materially affected in any other
manner, Consultant shall provide written notice to City at Consultant's
earliest possible opportunity and in no case later than ten(10) working
days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers,
employees, agents, and authorized volunteers shall be covered as
additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant, as applicable;premises owned, occupied, or
used by Consultant; and automobiles owned, leased, or used by the
Consultant in the course of providing services pursuant to this Agreement.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or authorized
volunteers.
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers,
officials, employees and volunteers, and that no insurance or self-
insurance maintained by the City shall be called upon to contribute to a
loss under the coverage.
4.4.5 Deductibles and Self-insured Retentions. Consultant shall disclose to
and obtain the approval of City for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
term of this Agreement.
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During the period covered by this Agreement, only upon the prior express
written authorization of Contract Administrator, Consultant may increase
such deductibles or self-insured retentions with respect to City, its officers,
employees, agents, and volunteers. The Contract Administrator may
condition approval of an increase in deductible or self-insured retention
levels with a requirement that Consultant procure a bond guaranteeing
payment of losses and related investigations, claim administration, and
defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a variation in
the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not
commercially available, or that the City's interests are otherwise fully
protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of
the following remedies, which are alternatives to other remedies City may have
and are not the exclusive remedy for Consultant's breach:
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• Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and
withhold any payment, until Consultant demonstrates compliance with the
requirements hereof; and/or
• Terminate this Agreement.
Section 5. Purposely omitted.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of
City. City shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement and assignment of
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personnel pursuant to Subparagraph 1.3; however,otherwise City shall not have
the right to control the means by which Consultant accomplishes services
rendered pursuant to this Agreement. Notwithstanding any other City, state, or
federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and
any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to any compensation,benefit,
or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an
employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governin¢Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall
comply with all applicable local, state and federal laws and regulations applicable
to the performance of the work hereunder.
7.3 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature which are legally
required to practice their respective professions. Consultant represents and
warrants to City that Consultant and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term or
this Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days'written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however,may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software,video and audio tapes, and
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other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City j
shall have no obligation to provide Consultant with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator. In the event that
key personnel leave Consultant's employ, Consultant shall notify City
immediately.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of
the terms of this Agreement, City's remedies shall include, but not be limited to,
any or all of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain a different consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.6.3 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the
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amount that City would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data,
maps, models, charts, studies, surveys, photographs,memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
any other form that Consultant prepares or obtains pursuant to this Agreement and
that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination
of the Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Consultant agree that,until final
approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent
of both parties unless required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and
disbursements charged to the City under this Agreement for a minimum of three
(3) years, or for any longer period required by law, from the date of final payment
to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours,upon
oral or written request of, the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds
Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and
expenses in addition to any other relief to which that party may be entitled. The
court may set such fees and expenses in the same action or in a separate action
brought for that purpose.
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10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid,void, or unenforceable,the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be handled
for Consultant by cfU"c4 11fAc le Z.
10.7 City Contract Administration. This Agreement shall be administered by the
City's Community Development Director("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his
or her designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Chuck Maciel, President
Ace Weed Abatement, Inc,
PO Box 9920
Moreno Valley, CA 92552
Any written notice to City shall be sent to the Contract Administrator with a copy
to:
Community Development Director
City of Menifee
29714 Haun Road
Menifee, CA 92586
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10.9 Integration. This Agreement, including the Scope of Work and Compensation
Schedule attached hereto and incorporated herein as Exhibits A and B, represents
the entire and integrated agreement between City and Consultant and supersedes
all prior negotiations, representations, or agreements, either written or oral. IF
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10.10 Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one
agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF MENIFEE CONSULT
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Wallace W. gerton, Mayor dfuck ac' ,-rreNddit
Attest:
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Kathy Bennett, City Clerk
Approved as to Form:
Karen Feld, City Attorney
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EXHIBIT A
SCOPE OF WORK
Ace Weed Abatement, Inc. will perform an initial survey of parcels provided by the City.
Ace will inspect the parcels for weed abatement compliance and provide a list of compliant and
non-compliant parcels. On the non-compliant parcels, Ace will list for each parcel the reason for
the non-compliance in accordance with the City Municipal Code. Ace will provide the list to _-
Code Enforcement. After receiving a list of parcels from Code Enforcement, Ace perform weed
and nuisance abatement including pool pumps, securing/board-ups, clean up and trash removal,
installation of temporary fencing, graffiti removal, demolition and removal of structures,
emergency abatement of wells, septic tank systems, and excavations and properly documenting
work.
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EXHIBIT B
COMPENSATION SCHEDULE
Weed Abatement
Minimum Charge $150.00
Discing/Mowing $115.00 up to 1 acre
Each Additional Acre $115 per acre
Handwork-Weed Eating (work that cannot be $40.00 per man hour
performed by a tractor
Special Equipment(bobcat) $125.00 per hour
Dozer Work $600 per hour, 4 hour minimum
Pool Pumping $325/ ool ors a
Clean Up and Trash Removal
Trash Removal $65.00 per cubic yard
Asphalt/Concrete Removal $125.00 per cubic yard
Dump Fees Actual Receipt
Securing/Board Up of
Vacant/Abandoned/Substandard
Structures
Minimum Charge $150.00
Small Window under 24x24 $75.00
Standard Window under 48x48 $90.00
Large Window under 48x96 $100.00
Jumbo Window under 96x96 $125.00
Slider Window $125.00
Pedestrian Door w/out hinges $100.00
Pedestrian Door w/hin es $125.00
Garage Door Time and materials g $40.00 per hour
Demolition and Removal of Time and materials @ $40.00 per hour
Structures
Installation of Temporary Fencing Time and materials @ $40.00 per hour
Emergency Abatement of wells, septic Time and materials @ $40.00 per hour
tanks stems, or excavations
Photographing and otherwise $1.00 per 4x6 photo
documenting work performed under
the contract
Travel Costs 8 am—4:30 pm No Charge
After 4:30 pm$60 per hour,plus materials
Administrative Overhead costs
related to this contract
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Building case file $12 per file
Tree Trimming
Tree trimming up to 8' from ground $40.00 per hour plus $40.00 per cubic yard,
plus actual dump cost
Trimming of tree above 8' from ground $40.00 per hour plus $40.00 per cubic yard,
plus actual dump cost, plus Boom Lift rental
cost
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(Ace Weed Abatement)
THIS is Amendment No. 1 to that certain AGREEMENT for Professional Services _
Agreement ("Agreement") made on May 18, 2010, by and between the City of Menifee ("City")
and Consultant ACE WEED ABATEMENT, INC. ("Consultant"), which Amendment is made and
entered into June 29, 2010 to extend the term of services.
1. Section 1.1, "Term of Services," is amended to read,
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2011. Consultant shall begin any ordered work described in
Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
2. Section 2 "Compensation," is amended to read,
Section 2. COMPENSATION. City hereby agrees to pay Consultant a total sum not
to exceed $20,000 notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and Exhibits A
and B, regarding the amount of compensation, this Agreement shall prevail. City shall
pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
3. All other terms and conditions shall remain the same.
The parties have executed this Amendment No. 1 as of June -50 2010.
CITY OF MENIFEE AC EE / TE
Wallace W. Edgerton, Mayor huc Maciel, President
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Attest: j
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Kathy Bennett, City Clerk
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
(Ace Weed Abatement)
THIS is Amendment No. 2 to that certain AGREEMENT for Professional Services
Agreement ("Agreement") made on May 18, 2010 and amended on June 29, 2010, by and
between the City of Menifee ("City') and Consultant ACE WEED ABATEMENT, INC.
("Consultant"), which Amendment is made and entered into September 8, 2010 to increase the
amount of the contract. -
1. Section 2 "Compensation," is amended to read,
Section 2. COMPENSATION. City hereby agrees to pay Consultant a total sum not
to exceed $76,000 notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and Exhibits A
and B, regarding the amount of compensation, this Agreement shall prevail. City shall
pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
2. All other terms and conditions shall remain the same.
The parties have executed this Amendment No. 2 as of September 8, 2010.
CITY OF MEN FEE AC BATEMENT
Steve Harding, Interim City Manager Chuck Maciel, President
Attest:
Kathy Bennett, City Clerk
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AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
(Ace Weed Abatement)
THIS is Amendment No. 3 to that certain AGREEMENT for Professional Services
Agreement ("Agreement") made on May 18, 2010 and amended on June 29, 2010 and
September 8, 2010, by and between the City of Menifee ("City") and Consultant ACE WEED
ABATEMENT, INC. ("Consultant"), which Amendment is made and entered into June 21, 2011
to increase the amount of the contract.
1. Section 2 "Compensation," is amended to read,
Section 2. COMPENSATION. City hereby agrees to pay Consultant a total sum not
To exceed $100,000 notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and Exhibits A
and B, regarding the amount of compensation, this Agreement shall prevail. City shall
pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
2. All other terms and conditions shall remain the same.
The parties have executed this Amendment No. 3 as of June 21, 2011.
CITY OF MENIFEE _ , ACE D ATEMENT
Wallace W. Edgerton, Mayor uck Maciel, President
Attest:
Kathy Bennett, City Clerk
i
O
CITY OF MENIFEE
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CONTRACT EXTENSIONS
MEETING DATE: June 21, 2011
TO: Mayor and City Council
PREPARED BY: Terri A. Willoughby, Finance Director
REVIEWED BY: William A. Rawlings, City Manager
SUBJECT: Approve Extension of Contracts Expiring June 30, 2011
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RECOMMENDED ACTION
Approve extension of various contracts expiring June 30, 2011 as listed below.
DISCUSSION
The City contracts for a variety of routine services as a matter of doing business. The
contracts listed below expire on June 30, 2011 and will be renewed with no change to
the existing terms for Fiscal Year 2011/12.
Vendor: Amount: Services Provided:
Keefer Consulting Not to Exceed $50,000 Contract Planner
John Meyer Not to Exceed $50,000 Contract Planner
PGN Not to Exceed $50,000 On-Call Planning Review
Ace Weed Abatement Up to Approved Budget Contract Weed Abatement
ALTERNATIVES
Do not approve the contract extensions which may cause the cessation of basic
services.
FISCAL IMPACT
Funding for these contracts is included in the Fiscal Year 2011/12 budget.
ATTACHMENTS
None
y
City of Menifee Staff Report
Title of Staff Report Here 10 pt. Arial please
Date of Council Meeting
2