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ITEM #6 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF JULY 21, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MARITZA TAPIA; INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE AWARD OF RENEWAL MAINTENANCE AGREEMENT FOR FISCAL YEAR 2009/2010TO EZ SUNNYDAY LANDSCAPE, IN THE AMOUNT OF $240,292.30 DATE: JULY 13, 2009 BACKGROUND: In May 2005, the city advertised its intent to contract out landscaping services for the Landscape and Lighting Maintenance District 1 and 2; these services were formally bid as required by Section 3.08.060(c) of the city's Purchasing Ordinance. The lowest responsible and responsive bidder was EZ Sunnyday Landscape. An agreement was awarded by Council action on September 6, 2005 for EZ Sunnyday Landscape to provide these services. The terms of this agreement allow Council to award the landscape maintenance services to EZ Sunnyday Landscape for up to five renewable terms; the awarded agreement defines a term as a single year. For each term which the agreement is extended the contractor is compensated for any increases noted by the local counties' January consumer price index (CPI). The original bid was awarded for the amount of $196,800. New areas added to the LLMDs during fiscal year 2006/2007 plus the January 2006 CPI index of 5.4%, increased the compensation for the second term of the agreement's term to $224,968.10. The January 2007 CPI index of 3.2% and additional costs for added areas to the maintenance agreement increased the compensation for the third term to $242,968.10. The January 2008 CPI index of 3.82% and the additional costs for the added areas to the maintenance agreements increase the compensation for the fourth term to $240,099.18 for fiscal year 2008/2009. DISCUSSION/ANALYSIS: EZ Sunnyday Landscape has continued to provide satisfactory landscape maintenance services. Staff requests authorization to extend the agreement for a fourth renewable term, to begin July 2009 and end June 2010. The noted January 2009 CPI index is 0.4%, due to funding restraints in the current fiscal year the City and EZ Sunnyday Landscape have agreed to waive the CPI increase for fiscal year 2009/2010. In addition, EZ Sunnyday Landscape has agreed to reduce the total contract amount by five percent. Areas maintained by this agreement include LLMD 1, LLMD 2, all city Fire Stations, the Police Tow Yard and the Colton Palms property and parkway. The total compensation in the proposed fiscal year 2009/2010 agreement will not exceed $240,292.30. Of the total compensation price, the following will be charged to each department: 1) $62,000.00 for LLMD 1, 2) $165,259.18 for LLMD 2, 3) $5,040.00 for the city's Fire Stations, 4) $3,600 for the Police Tow Yard and 5) $4,200 for Colton Palms.