HomeMy WebLinkAbout04 - Assignment of Landscape Maintenance ContractCity Council Agenda
Item No. 4
October 12, 1998
TO: Mayor and City Council
FROM: General Services Director
SUBJECT: Assignment of Landscape Alaiuteunnce Contract
Recommendation
Approve the attached Assignment of City Contract No.C2160 to California Landscape
Maintenance, a Division of TruGreen LP.
Background
In 1996, the City contracted with California Landscape Maintenance ( "CLM ") to maintain
certain City medians and roadsides. In 1997, the City entered into two additional service
agreements with CLM for the mowing of turf at City facilities and to perform maintenance
functions at all new City parks. Each agreement was entered into for a five -year term.
In a letter dated September 3, 1998, the City was notified that CLM had been acquired by
TruGreen- Chemlawn LP, a division of The ServiceMaster Company. In the same letter, CLM
requested that the City assign each contract to its new firm name of California Landscape
Maintenance, a Division of TruGreen LP ( "TruGreen ").
Discussion
CLM's request is consistent with the provisions of each of its three agreements with the City.
Staff has no objection to the request, and submits the attached contract amendment for Council
review. Council approval of the attached amendment will bind TruGreen to all of the terms and
conditions of CLM's contractual obligations to the City. There are no other changes to the
contract beyond the name change.
Very respectfully,
David E. Niederhaus
DEN /me
Attachments: (A) Proposed Amendment to Agreement with California Landscape Maintenance
City Contract No. C2160.
F: \USERS \GSVINIEIdndee \SEPTEMBER 98 \Council- CLMAsslgnnitdoc
AMENDMENT TO AGREEMENT
THIS AMENDMENT is made and entered into this 12`h day of October 1998 by
and between the City of Newport Beach, a Municipal Corporation, hereinafter referred to
as "City ", California Landscape Maintenance, hereinafter referred to as "CLM ", and
TruGreen - Chemlawn LP, a Division of The ServiceMaster Company, hereinafter referred
to as "TruGreen"
RECITALS
A. City and CLM entered into three separate Agreements dated April 8, 1996,
August 11, 1997, and September 25, 1997 to provide landscape and
maintenance services for certain City medians and roadsides, turfgrass
maintenance, and to perform maintenance services for all new City parks
respectively.
B. On September 3, 1998 CLM requested City's consent to assignment of the
contract to TruGreen.
C. The City Council, after considering information provided has determined it is
appropriate to consent to the requested assignment.
NOW, THEREFORE, in consideration of the facts recited above and the terms,
covenants and conditions of this Amendment and the Agreements, the parties agree as
follows:
1. Contract No. C2160 between the City and CLM is hereby assigned to
California Landscape Maintenance, A Division of TruGreen LP.
2. TruGreen consents to the assignment and agrees to comply with and be
bound by all terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties herein have executed this Amendment to
Agreements as of the date set forth above.
ATTEST:
LaVonne Harkless
City Clerk
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APPROVED AS TO FORM:
Robin L. Clauson, Esq.
Assistant City Attorney
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CITY OF NEWPORT BEACH,
a Municipal corporation
Dennis Danner
Acting City Manager
CALIFORNIA LANDSCAPE
MAINTENANCE
0
Title:
TRUGREEN - CHEMLAWN LP, a
DIVISION OF THE SERVICEMASTER
COMPANY
0
Title: