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CITY OF SAN BERNeJDINO - REQUEST FO' COUNCIL ACTION ..
From: Pat Malloy, Director of Public Services Subject: Armual/1leed AbatmBlt Services
Dept: Public Services
Date: June 30, 1994
Synopsis of Previous Council action:
None
Recommended motion:
Adopt ResolutiCll'l8
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, Signatur
Contect penon: Pat IIlIllay
Supporting data iIllbh.hed: Yes
Phone: 384-5140
Ward: All
FUNDING REQUIREMENTS:
Amount: $150,000.00 .
$"Y/O Y
Source: IAcct. No.1 001-401-53090
IAcct. DescriDtionl
Weed Aba~t
Fin8l'lC8:~C~'-
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;ouncil Notes:
'5.0262
Agenda Item No I () '11/ ..
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CITY OF SAN BERNODINO - REQUEST FOI COUNCIL ACTION.
STAFF REPORT
RECOMMENDATION:
In concurrence with the Purchasing Agent, the Public Services Department recommends that
Mayor and Common Council adopt the attached resolutions to authorize weed abatement services
with two contractors, H & H Citrus, Inc. and Darrel Barbarick.
BACKGROUND:
Specifications were prepared, published and furnished to area contractors. Bids were publicly
opened and declared on June 28,1994.
Due to the nature of this work, an annual contract bid amount cannot be tabulated. There is an
amount bid for specific tasks to be performed, such as, cost for discing, mowing and hand
cleaning. Bid prices range from $35.00 to $45.00 per task. For the purpose of this contract,
a cost not to exceed, $150,000 has been established for both contractors combined and a cap for
the total amount the City would pay for services will be established at $150,000.
DISCUSSION:
Annual weed abatement cycles were increased in 1993/94 from two (2) to three (3) cycles per
year. An important element in adding a cycle was the authorization of two (2) contractors for
providing abatement services. The City is divided into two (2) geographic areas and each
contractor is responsible for a specific area. As a result, last years abatement periods were
reduced to two (2) months, as compared to four (4) months with one (1) contractor.
Approximately 3,000 parcels are abated annually, which in the opinion of staff exceeds the
capabilities of one (1) contractor.
SUMMARY:
Following a review and evaluation of the bids, staff agree that the bids submitted by H & H
Citrus, Inc. and Darrel Barbarick meet the needs of the Weed Abatement Program. Both
contractors have previously worked for the City and provided satisfactory services.
IMPACT ON THE BUDGET:
Funds are included in the 1994-95 fiscal year budget.
Dtl.5vr. ?
Purchasing Agent
75-0264
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RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND H
2 ' H CITRUS INC. RELATING TO DISCING OF VACANT PROPERTIES FOR WEED
ABATEMENT PURPOSES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SBC'lZOIl 1.
The Mayor is hereby authorized and directed to
execute, on behalf of said City, an aqreement between the City of
San Bernardino and H , H Citrus Inc., relatinq to discinq of vacant
properties for weed abatement purposes.
SBeTIOII 2.
The authorization to execute the above referenced
Aqreement is rescinded if the parties to the Aqreement fail to
execute it within sixty (60) days of the passaqe of is Resolution.
I HEREBY CERTIFY that the foreqoinq Resolution was duly adopted
by the Mayor and Common Council of the city of San Bernardino at a
meetinq thereof, held on the
,
day of
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1994, by the followinq vote, to-wit:
Council Members:
AID
BAn
ABSTA7N
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
MILLER
I
city Clerk
06-30-94
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RESOLUTION. . .AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWE
1 THE CITY OF SAN BERNARDINO AND H & H CITRUS INC. RELATING TO DISCIN
2 OF VACANT PROPERTIES FOR WEED ABATEMENT PURPOSES.
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The foregoing Resolution is hereby approved this
day
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
city Attorney
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AGREEMEJilT
THIS AGREEKERT is entered into between (A)
~~_("CONTRACTOR") and the CITY OF SAN
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WITNESSETH:
A. 1IJIEREAB, CITY has need for annual weed abatement service
within the CITY and,
B. 1IJIEREAB, CONTRACTOR is competent, experienced and able
to perform said services: and,
c. 1IJIEREAB, CONTRACTOR has provided the lowest responsible
bid for the providing of such services;
.OW THEREJ'ORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish annual weed abatement service to
the CITY in accordance with Bid Specifications F-95-01.
2. Over the term of this Agreement, CONTRACTOR shall be paid
for such services an amount in accordance with Bid Specification
F-95-01 Bidder's Proposal and Statement.
3. CONTRACTOR shall provide the Public Services Department
with a monthly invoice in arrears and shall be provided payment
within thirty (30) days therefrom. CITY retains the right to
challenge all or any part of an invoice.
4. The term of this Agreement shall be one (1) year from the
date first above shown.
5. CONTRACTOR agrees to defend, indemnify, save and hold
CITY, its officer, agents and employees harmless form any claims or
suits that may be brought by third persons on account of personal
injury, death or damage to property or a property or business or
personal interest, arising from any negligent act or omission by
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contractor while performing services under this Agreement.
6. While not restricting or 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 $1,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies
of said policies with the CITY'S Risk Manager prior to undertaking
any work under this Agreement.
7. CONTRACTOR shall perform work tasks as directed by the
Public Services Department, but for all intents and purposes
contractor shall be an independent contractor and not an agent or
employee of the CITY.
8. In the performance of this Agreement and in the hiring and
recruitment of employees, contractor shall not discriminate on the
basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
t. Any notice to be given pursuant to this Agreement shall be
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
!lIO '1'JIB CZ!lIY:
Pat Malloy, Director
300 North "0" Street
San Bernardino, CA 92418
TO '1'JIB COlftRAC!l'OR:
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
ZN WZTNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
. '. .' l~..",. /~.::.""1$.:.W%W"::Q""\:!M.
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Date: .
CITY OF SAN BERNARDINO
Date:
By:
Tom Minor, Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
City rey
By: . ~ 7.
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