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18-0307_BRIGHTVIEW LANDSCAPE SERVICES, INC._Staff MemoMEMORANDUM DATE: March 7, 2018 TO: Ben Siegel, City Manager Steve May, Public Works and Utilities Director FROM: Rod Hamilton, Public Works Manager SUBJECT: Final approval signatures for a Consent to Assignment Agreement between the City, Brightview Landscape Services Inc., and Marina Landscape Maintenance Inc., for Landscape Maintenance and Repair Services. City Council approved the agreement at their March 6, 2018 meeting (via Consent Item #E13). Since May 2015, the City has contracted with Marina Landscape Maintenance Inc. (Marina), for landscape maintenance and repair services for City facilities, parks, parkways and medians, sports fields, landscape maintenance districts, and open space. On January 1, 2017, Brightview Landscape Services Inc. (Brightview) purchased all assets and contracts of Marina. On January 1, 2018, Marina officially transitioned all administrative and field operations to Brightview, with all personnel and levels of service remaining the same under the existing agreement with the City. Pursuant to Section 5 of the Marina's existing professional services agreement, "Limitations upon Subcontracting and Assignment," the assignment shall not be operative except upon the written consent of the City, and any attempted assignment without such consent shall be invalid and void. In accordance with that provision of the Agreement, both Marina and Brightview wish to obtain the City's consent to the assignment. Staff and the City Attorney have prepared the attached Consent to Assignment Agreement (Attachment 1) between the parties. ATTACHMENTS: Attachment 1: Proposed agreement w/Brightview (2 copies) Cc: Tom Toman, Jill Thomas, File