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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2022-192 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE AND <br />AUTHORIZE THE CITY MANAGER TO EXECUTE A NON-PROFESSIONAL SERVICES <br />AGREEMENT WITH DEVIL MOUNTAIN NURSERY FOR PURCHASING OF TREES FOR <br />THE CALFIRE TREE PLANTING GRANT THROUGH DUNE 30, 2026 FOR A TOTAL NOT TO <br />EXCEED AMOUNT OF $335,659.47 <br />WHEREAS, on May 2, 2022, the City Council authorized the City Manager to accept a <br />$1,499,400 grant from CALFIRE's Urban and Community Forestry Grant Program, for street tree <br />planting and outreach work; and <br />WHEREAS, there are time constraints to conduct a competitive bid process for tree purchasing <br />due to the grant deadlines; and <br />WHEREAS, Devil Mountain Nursery has provided the City administration with excellent <br />products in tree provision for street trees as an existing vendor for Public Works; and <br />WHEREAS, San Leandro Municipal Code Section 1-6-315 provides that purchases of <br />equipment, materials, services and supplies determined by the Council to serve the best interests of the <br />City may be made without competitive bidding; and <br />WHEREAS, a sole source services agreement with Devil Mountain Nursery would benefit the <br />City in meeting Climate Action Plan goals and not require any additional General Fund moneys due to all <br />funds being reimbursed through the CalFire grant; and <br />WHEREAS, a corresponding appropriation for this proposed agreement is already incorporated <br />into the proposed Fiscal Year 2022-2023 budget; and <br />WHEREAS, appropriated grant funds totaling $335,660 must be transferred from the existing <br />Common Vision purchase order to a direct agreement with Devil Mountain Nursery within account 150- <br />12-035-5120; and <br />WHEREAS, Devil Mountain Nursery has agreed to the terms of the contract pending Council <br />approval; and <br />WHEREAS the City Council is familiar with the contents of the agreement; and <br />WHEREAS, the City Manager recommends approval of said agreement. <br />NOW, THEREFORE, the City of San Leandro City Council does RESOLVE as follows: <br />That the grant funding and subsequent consulting agreement with Common Vision will be reduced by <br />$335,660 to fund this sole source services agreement with Devil Mountain Nursery; and <br />That said agreement is hereby approved and execution by the City Manager is hereby authorized. <br />