HomeMy WebLinkAbout10-Code Compliance
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles Subject:
Dept: Manager (g(Q)~W
Code Compliance
Date: May 22,1997 JUN 05 1997
RESOLUTION AUTHORIZING EXTENSION NUMBER
TWO OF AGREEMENT APPROVED UNDER RESOLUTION
NO. 95-211AND 95-210 BETWEEN THE CITY OF
SAN BERNARDINO AND DARELL BARBARICK AND
H & H CITRUS,INC. RELATING TO WEED
ABATEMENT OF VACANT PROPERTIES. TERM OF
EXTENSION JULY 1,1997 to June 30.1998.
Synopsis of Previous Council action:
May 1995 - Resolution 95- 211and 95- 210authorizing agreement for weed abatement to vacant
properties to Darell Barbarick and H & H Citrus, Inc.
June 1996 - Mayor and Common Council granted request for extension of agreement approved
under Resolution 95- 211 and 95-210 authorizing weed abatement to vacant properties to
Darell Barbarick and H ~ H Citrus, Inc. FY 96/97.
Recommended motion:
Adopt Resolutions.
-~rfdf2
Signature
FUNDING REQUIREMENTS:
Amount:
Phone: 5205
Ward: ALL
$221,000 '1f'
Contact person: Bi 11 Ski 1 es
Supporting data attached: Staff Report
Source:
001-074-550
Finance:
Council Notes:
Continued to
() 7/0-(97
':f.: .So-v'Io~ 1<) (Nt: < v.. S' ",.f ,'"
(<;"7 'f 8" &;.06--r"
I
Agenda Item No /0 A" B
75-0262
SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: EXTENSION NUMBER TWO OF AGREEMENT APPROVED UNDER
RESOLUTION NO. 95-211 AND 95-210 BETWEEN THE CITY OF SAN
BERNARDINO AND DARELL BARBARICK AND H & H CITRUS, INC.
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES. TERM
OF EXTENSION JULY 1, 1997 TO JUNE 30,1998
MAYOR AND COMMON COUNCIL MEETING OF JUNE 16, 1997
BACKGROUND
The 1997/1998 Budget provides. for weed abatement on vacant lots throughout the City. During
FY 95/96 the City contracted with two (2) contractors, Daren Barbarick AND H & H Citrus,
Inc. for these services. Both contractors have worked for the City prior to FY 95/96 and have
consistently provided satisfactory services in a timely manner. In June 1996, the Mayor and
Common Council granted an extension of the agreement approved under Resolution 95-211 and
95-210 authorizing weed abatement to vacant properties to Daren Barbarick and H. H. Citrus,
Inc.
DISCUSSION
According to Bid Specification #F-96-01, TS2 TERMS OF CONTRACT, it states (excerpt),
"The term of the agreement... with an option authorizing the City Administrator or designee to
continue said agreement on a year to year basis to a maximum of three (3) years." Upon
approval of the City Administrator's Office, the Code Compliance Division sent letters of notice
to extend the term of the agreement to each contractor. Both contractors accepted the agreement
to extend with no increase in price. The term of Extension Number Two is July 1, 1997 to June
30, 1998.
CODE COMPLIANCE RECOMMENDATION
Based on this review, the Department agrees the two (2) contractors currently named in said
Agreements will continue to meet the needs of the Weed Abatement Program.
RECOMMENDATION
It is recommended, Mayor and Common Council approve the resolution authorizing to extend
the Agreement with Daren Barbarick and H & H Citrus, Inc. for one (1) year each, not to
exceed a total of three (3) years. And, to authorize Purchasing to issue a Purchase Order per
Bid Specifications F-96-01 for a period of one (1) year.
Weed Abatement Contractor's Second Extension
Mayor and Common Council Meeting
June 16, 1997
Page 2 of 2
Prepared:
DEBRA SERMENO, Typist Clerk III
for BILL SKILES, Code Compliance Manager
EXHmITS:
1 - Resolution for Daren Barbarick Second Extension
2 - Letter to Darell Barbarick
3 - Acceptance letter from Darell Barbarick
4 - Agreement for Daren Barbarick Second Extension
5 - Resolution for H & H Citrus, Inc. Second Extension
6 - Letter to H & H Citrus, Inc.
7 - Acceptance letter from H & H Citrus, Inc.
8 - Agreement for H & H Citrus, Inc. Second Extension
.~
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-
211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a second
8 extension to the agreement with Darell Barbarick, relating to weed
9 abatement services of vacant properties.
10 SECTION 2. The term of the second extension is July 1, 1997
11 to June 30, 199B.
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /
28
=If 10 It
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-
2 211 BETWEEN THE CITY OF SAN BERNARDINO AND DARELL BARBARICK
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1997 by the following vote,
to wit:
Councilmembers AYES NAYS ABSTAIN ABSENT
9
NEGRETE
10
CURLIN
11
ARIAS
12
OBERHELMAN
13
DEVLIN
14
ANDERSON
15
MILLER
16
17
18
19
20
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this day of
, 1997.
21
22
Approved as to form
23 and legal content:
24
25
26
27
28
Tom Minor, Mayor
CITY OF SAN BERNARDINO
JAMES F. PENMAN
City A orney
/'
Exhibit - 2
CITY OF
San l)ernardino
CODE COMPLIANCE DIVIIION
BILL SKILES
MANAGER
May 23, 1997
Darell W. Barbarick
16643 Slover Ave.
Fontana, CA 92337
SUBJBCT: WBBD ABATBMBNT CONTRACT l5X'J.oBIISJ:ON
Dear Mr. Barbarick:
The City of San Bernardino Code Compliance Division is exerc1s1ng
our option to extend your current Contract Agreement, adopted under
Resolution No. 95-211, for a period of one year from July 1, 1997
to June 30, 1998.
If you agree to extend the agreement to provide services as
described in Bid Spec. F-96-01 for said additional periods with no
increase in price, please provide written acceptance of the
proposal to extend. Direct your response to the attention of Bill
Skiles, Code Compliance Manager.
Feel free to call me if you have questions or concerns. I look
forward to another year of cooperative efforts between Code
Compliance Division and your company.
Bill Skiles
Manager
300 NORTH 0' STREET. SAN BERNARDINO.
C A L I FOR N I A .. 2 4 1 . . 0 0 0 I (I . . ) I. 4 _ I 2 G I
MAY-30-97 08:19 PM
P.01
Exhibit - 3
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1
2 SECOND EXTENSXON TO AGREEMENT
3 THXS SECOND EXTENSXON to the AGREEMENT is entered into between
4 Darell w. Barbarick ("CONTRACTOR") and the CITY OF SAN BERNARDINO
5 ("CITY").
6 WXTNESSETH:
7 A. WHEREAS, CITY has need for annual weed abatement service
8 within the City and,
9 B. WHEREAS, CONTRACTOR is competent, experienced and able to
10 perform said services, and
11 C. WHEREAS, CONTRACTOR has provided the lowest responsible
12 bid for the providing of such services,
13 NOW THEREFORE, the parties hereto agree as follows:
14 1. CONTRACTOR shall furnish annual weed abatement service to
15 the CITY in accordance with Bid specifications F-96-01.
16 2. Over the term of this Agreement, CONTRACTOR shall be paid
17 for such services an amount in accordance with Bid Specification F-
18 96-01 Bidder's Proposal and Statement.
19 3. CONTRACTOR shall provide the Public Services Department
20 with a monthly invoice in arrears and shall be provided payment
21 within thirty (30) days therefrom. CITY retains the right to
22 challenge all or any part of an invoice.
23 4. The term of this Second Extension Agreement shall be one
24 (1) year, from July 1, 1997 to June 30, 1998, which is the second
25 year of the original agreement.
26 5. CONTRACTOR agrees to defend, indemnify, save and hold
27 CITY, its officer, agents and employees harmless from any claims or
28 suits that may be brought by third persons on account of personal
1 injury, death or damage to property or a property or business or
2 personal interest, arising from any negligent act or omission by
3 contractor while performing services under this Agreement.
4 6. While not restricting of limiting the foregoing, during
5 the term of this Agreement, contractor shall maintain in effect
6 policies of comprehensive public, general and automobile liability
7 insurance, in the amount of $1,000,000 combined single limit, and
8 statutory worker's compensation coverage, and shall file copies of
9 said policies with the CITY'S Risk Manager prior to undertaking any
10 work under this Agreement.
11 7. CONTRACTOR shall perform work tasks as directed by the
12 Public Services Department, but for all intents and purposes
13 CONTRACTOR shall be an independent contractor and not an agent or
14 employee of the CITY.
15 8. In the performance of this Agreement and in the hiring and
16 recruitment of employees, contractor shall not discriminate on the
17 basis of race, creed, color, religion, sex, physical handicap,
18 ethnic background or country of origin.
19 9. Any notice to be given pursuant to this Agreement shall be
20 deposited with the United States Postal Service, postage prepaid
21 and addressed as follows:
22
23
24
25
26
27
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TO THE CITY:
Bill Skiles, Manager
Code Compliance Division
300 North "D" Street
San Bernardino, CA 92418
TO THE CONTRACTOR
Darell W. Barbarick
16643 Slover Ave.
Fontana, CA 92337
1 Nothing in this paragraph shall be construed to prevent the
2 giving of notice by personal service.
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 Second Extension Agreement on the day and date first above shown.
5
6 Date:
7
8
9
10 Date:
11
12 ATTEST:
13
14
15
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
16 City ttorney
17 By:
18
19
20
21
22
23
24
25
26
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28
'7
v
By: Darell W. Barbarick
Signature
CITY OF SAN BERNARDINO
By:
Tom Minor, Mayor
~
--
--.-:---
1
2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED ONDER RESOLUTION NO. 95-
210 BETWEEN THE CITY. OF SAN BERNARDINO AND H &: H CITRUS, INC.
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
3
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
7
8
9
10
SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a second
extension to the agreement with H & H Citrus,
Inc., relating to
weed abatement services of vacant properties.
SECTION 2.
The term of the second extension is July 1, 1997
11 to June 30, 1998.
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27
28
-=If If) fJ
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
SECOND EXTENSION OF AN AGREEMENT APPROVED UNDER RESOLUTION NO. 95-
2 210 BETWEEN THE CITY OF SAN BERNARDINO AND H &: H CITRUS, INC.,
RELATING TO WEED ABATEMENT OF VACANT PROPERTIES.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1997 by the following vote,
to wit:
NAYS
ABSTAIN
ABSENT
AYES
Councilmembers
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
18 Rachel Clark, City Clerk
19 The foregoing resolution is hereby approved this day of
, 1997.
20
21
Tom Minor, Mayor
CITY OF SAN BERNARDINO
JAMES F. PENMAN
City Attorney
:J-.
,
'-zr;:..
By:
28
Exhibit - 6
CITY OF
San Bernardino
CODE COMPLIANCE DIVI810N
BILL SKILES
MANAGER
May 23, 1997
Chuck Hills
Kyle Hadley
H & H Citrus, Inc.
P.O. Box 195
Mentone, CA 92359
StJBJBC'l': WBBD ABATBMBNT CONTRAC'l' 15A.,nulSI:ON
Dear Mr. Hills and Mr. Hadley
The City of San Bernardino Code Compliance Division is exerc~s~ng
our option to extend your current Contract Agreement, adopted under
Resolution No. 95-210, for a period of one year from July 1, 1997
to June 30, 1998.
If you agree to extend the agreement to provide services as
described in Bid Spec. F-96-01 for said additional periods with no
increase in price, please provide written acceptance of the
proposal to extend. Direct your response to the attention of Bill
Skiles, Code Compliance Manager.
Feel free to call me if you have questions or concerns. I look
forward to another year of cooperative efforts between Code
Compliance Division and your company.
Sincerelf:rJ~
ffl?~
Bill Skiles
Manager
300 NORTH 0' STReET, SAN BERNARDINO.
C A l I FOR N I A 9 2 .. 1 I . 0 0 0 1 ,. D . ) 3... . 5 2 D 5
MAY-30-97 FRI 09:50 AM H&H ENTERPRISES
909 794+6885
P.02
Exhibit - 7
H & H CITRUS INC..
.............,...,...,...,...,
P.O. sox. 1M. Uf"NTnNP. r... ~. T~.,,,-= _ ~ - r.CIa)iD4 71Ii5
May 29, 1997
1Ii11 Rlril...
('".ode Compliance ManIlgcr
City of San Bernardino
Code Compliance Division
300 Nonh "D" SUeet
5mBtonIllrdinu, CA. 92418
!t'UB.JECT: WEED ADATEM.KNT CUNTUACI' EXTENSION
Dear Mr. Slrilca.
Plcosc allow this lenet 10 serve as coDftnna1ion 1bat H &; H eiu u. IIllJ'ees 10 the Clrtm.inn
of the CWTeDt contTlwt tbr a period ufune YAr allw Jl.I1y I, 1997 to Ju11e'III. 1997. This
extonwiUIl will CUIlWllOl1"" wilhuuL IU1 in..~ """" in ptice. U' you have any 'lnrJrtinns IlICl1llC
ca1I909-794-61lBS.
<,Sinr.r.mIy, ~
~~~U-~
~:r lalcr
1
2 SECOND EXTENSION TO AGREEMENT
3 THIS SECOND EXTENSION to the AGREEMENT is entered into between
4 H & H CITRUS (" CONTRACTOR" ) and the CITY OF SAN BERNARDINO
5 ("CITY").
6 WI~SSETH:
7 A. WHEREAS, CITY has need for annual weed abatement service
8 within the City and,
9 B. WHEREAS, CONTRACTOR is competent, experienced and able to
10 perform said services, and
11 C. WHEREAS, CONTRACTOR has provided the lowest responsible
12 bid for the providing of such services,
13 NOW THEREFORE, the parties hereto agree as follows:
14 1. CONTRACTOR shall furnish annual weed abatement service to
15 the CITY in accordance with Bid specifications F-96-01.
16 2. Over the term of this Agreement, CONTRACTOR shall be paid
17 for such services an amount in accordance with Bid Specification F-
18 96-01 Bidder's Proposal and Statement.
19 3. CONTRACTOR shall provide the Public Services Department
20 with a monthly invoice in arrears and shall be provided payment
21 within thirty (30) days therefrom. CITY retains the right to
22 challenge all or any part of an invoice.
23 4. The term of this Second Extension Agreement shall be one
24 (1) year, from July 1, 1997 to June 30, 1998, which is the second
25 year of the original agreement.
26 5. CONTRACTOR agrees to defend, indemnify, save and hold
27 CITY, its officer, agents and employees harmless from any claims or
28 suits that may be brought by third persons on account of personal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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injury , death or damage to property or a property or business or
personal interest, arising from any negligent act or omission by
contractor while performing services under this Agreement.
6. While not restricting of limiting the foregoing, during
the term of this Agreement, contractor shall maintain in effect
policies of comprehensive public, general and automobile liability
insurance, in the amount of $1,000,000 combined single limit, and
statutory worker's compensation coverage, and shall file copies of
said policies with the CITY'S Risk Manager prior to undertaking any
work under this Agreement.
7. CONTRACTOR shall perform work tasks as directed by the
Public Services Department, but for all intents and purposes
CONTRACTOR shall be an independent contractor and not an agent or
employee of the CITY.
8. In the performance of this Agreement and in the hiring and
recruitment of employees, contractor shall not discriminate on the
basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
TO THE CITY:
Bill Skiles, Manager
Code Compliance Division
300 North "D" Street
San Bernardino, CA 92418
TO THE CONTRACTOR
Chuck Hills, Co-Partner
H & H Citrus, Inc.
P.O. Box 195
Mentone, CA 92359
, .
1 Nothing in this paragraph shall be construed to prevent the
2 giving of notice by personal service.
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 Second Extension Agreement on the day and date first above shown.
5
6 Date:
7
8
9
10 Date:
11
12
13
14
15
16
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City At)rorney
17 By: ~ 'J->^'<., ? .~-~,,"""-
18 (J .
19
20
21
22
23
24
25
26
27
28
By: Chuck Hills
Signature
CITY OF SAN BERNARDINO
By:
Tom Minor, Mayor