HomeMy WebLinkAbout1994-358
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RESOLUTION NO. 94-358
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ADMINISTRATIVELY AWARD A LANDSCAPE
MAINTENANCE CONTRACT TO THE NEXT LOWEST RESPONSIBLE BIDDER IN CASE OF DEFAULT
ON THE PART OF AN EXISTING LANDSCAPE CONTRACTOR AND ESTABLISHING A POLICY
RELATIVE TO TERMINATED CONTRACTORS.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an
exercise of its municipal affairs powers has enacted an Assessment District
Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the
formation of assessment districts within the City; and
WHEREAS, the City has formed and will be forming landscape
maintenance assessment districts within the City and has and will be awarding
contracts to outside Contractors for the maintenance of said landscaping; and
WHEREAS, a default by the outside Contractor would result in damage
to andlor loss of the landscaping and emergency measures are required to
protect against such loss; and
WHEREAS, as a precaution against damaging or losing said landscaping
due to lack of said maintenance because of default on the part of the awarded
Contractor and because of the time necessary to readvertise for new bids and
award the contract, the City wishes to create a procedure to provide for the
continuous maintenance of said landscaping; and
WHEREAS, it is the policy of the City of San Bernardino to maintain
the landscaped areas wi thin assessment districts in a high quaU ty fashion
with a balance as to the economic impact. The citizens of San Bernardino who
pay landscape maintenance assessments are entitled to receive quality
services for these assessments; and
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RESOLUTION AUTH. DIR. OF PUBLIC WRKS. TO AWARD CONTRACT & EST. POLICY
94-358
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WHEREAS, a process to identify and correct deficiencies in the
landscape maintenance service provided by the landscape maintenance
Contractors has been developed and is spelled out in the individual
assessment district contracts; and
WHEREAS, to facilitate said high quality and economic balance, it is
necessary for the Mayor and Common Council to institute a policy relative to
assessment district Contractors who's contracts have been terminated by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
SECTION 1. The Director of Public Works/City Engineer is hereby
authorized and directed to administratively award a landscape maintenance
contract to the next lowest responsible bidder as received on the last open
bid procedure for the area involved at a negotiated price not to exceed
hislher bid price upon default of the existing Contractor to perform.
SECTION 2. The new contract shall be for the same area as the
defaulted contract and shall be awarded for the remaining term of the
original contract and at the prorated costs of the new contract for the
remaining term.
SECTION 3. The Director of Public WorkslCity Engineer shall bring
notice of such default and award to the next available meeting of the Mayor
and Common Council in the form of an Informational Staff Report with a motion
that the report be received and filed.
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RESOLUTION AUTH. bIR. OF PUBLIC WORKS. TO AWARD CONTRACT & EST. POLICY
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94-358
SECTION 4. It is the policy of the Mayor and Common Council of the
City of San Bernardino that any assessment district landscape Contractor who
has their contract terminated by the City for non-performance shall be deemed
a "non-responsible" bidder for a period of three years following the date of
termination and will not be allowed to submit a bid for any other assessment
district landscape maintenance contract during that period. A Contractor so
deemed may appeal such finding in accordance wi th Chapter 2.64 of the San
Bernardino Municipal Code.
SECTION 5. Notice of this policy is hereby directed to be included
in each and every assessment district landscape maintenance contract and
advise all potential bidders thereof.
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RESOLUTION AUTH. DIR. OF PUBLIC WRKS. TO AWARD CONTRACT & EST. POLICY
94-358
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
rpgl11::Jr
3 meeting thereof, held on the 21st
4 following vote, to wit:
day of November
, 1994, by the
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Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
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'ty Clerk
The foregoing resolution is hereby approved this 22nd
day of
. 1994.
November
-,-;(7-rv,,) ((~i~A_
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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