HomeMy WebLinkAbout05.H- Parks, Recreation & Community Services �5H
RESOLUTION (ID #2815) DOC ID: 2815 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Mickey Valdivia M/CC Meeting Date: 02/18/2014
Prepared by: Mitch Assumma, (909) 384-
5233
Dept: Parks,Recreation& Community Ward(s): All
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Director of Finance to Issue an Order to Increase Purchase Order No. 2014-0000-0783 by$6,000
to $30,900 to Donegan Tree Service for the Expanded Tree Maintenance Services to Parks, San
Bernardino Soccer Complex and Pioneer Memorial Cemetery. (#2815)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $30,900.00
Account No. 001-380-0072-5505 ($19,900) - 106-380-0001-5505 ($5,000) - 134-380-0001-5502
($6,000)
Account Description: Other Professional Services and Professional/Contractual Services
Balance as of. <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
02/03/14 5111 • Materials and Supplies$6,000.00
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No prior action taken
Back,around:
The Parks, Recreation and Community Services Department(hereinafter "Parks Division") has
utilized Donegan Tree Service (hereinafter "Donegan's") on a consistent basis since 2010. For
fiscal year 13/14, the Parks Division solicited quotes for tree trimming services, removals,
emergency services and stump grinding. Donegan's submitted the lowest and best quote.
The Parks Division obtained quotes for tree trimming, dead tree removal, stump removal,
grinding, and raising and lowering of limbs for safety and aesthetics in all city parks and the
city's Pioneer Cemetery. Funding is also reserved for emergency tree removal caused by extreme
weather conditions and safety concerns to pedestrians, park users, automobiles, and buildings,
etc. An annual purchase order was entered for the Maintenance Division and Pioneer Memorial
Cemetery in the amount of$24,900 for services during the period of August 1,2013 -June 30,
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Updated: 2/10/2014 by Jolena E. Grider B . 919
2815
2014.
The Soccer Complex staff identified trees located at the Complex that may cause a liability to the
City. Therefore, there is a need for trimming,raising and lowering of tree limbs. The Parks
Division prepared t h J appropriate specifications and furnished a request for quotation(FUFQ) to
vendors for tree trimming services. Donegan's responded to the RFQ from the Soccer Complex
and provided the lowest and best quote. Donegan's estimated additional tree trimming services
for$6,000. The inclusion of the Soccer Complex request for tree trimming services now
requires a change order to the annual purchase requisition. 11hus, the cllange order will request an
encumbrance of$30,900 for Donegan's tree trimming services. Because the change order to the
annual purchase requisition for the Department is above $25,000, Council approval is requested.
City Attorney Review:
Supporting Documents:
reso 2815 (PDF)
agrmt 2815 (PDF)
Donegan-Soccer Complex Quote-Attachment 1 (PDF)
P.O. 2014-00000783 - Orginal PO (PDF)
Updated:2/10/2014 by Jolena E.Grider B Packet Pg. 120
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXCUTION OF A VENDOR SERVICES
.d r"V,r. %4T xrrr-nr,9FAIT E1sT THE CITY 01F CAN BE NARD"INO AND MNIWCA111
4 1V"n P1 1V1L'1\t LCl i TV JL4. l L x. a 1 ✓
TREE SERVICE AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE
5 SERVICES TO INCREASE PURCHASE ORDER NO. 2014-0000-0783 BY$6,000 TO A
TOTAL AMOUNT OF $30,900 TO DONEGAN TREE SERVICE FOR THE
6 EXPANDED TREE MAINTENANCE SERVICES TO PARKS, SAN BERNARDINO
7 SOCCER COMPLEX AND CEMETARY.
8 WHEREAS, the Parks section,the San Bernardino Soccer Complex and Cemetery are
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in need of tree services within their premises for safety and beautification purposes.
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WHEREAS, Donegan Tree Service, has completed such work, and has held a business
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12 relationship with the City in the past;
13 WHEREAS, purchase order no. 2014-0000-0783 already exists with a specific amount o
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14 of$5,000.00 for tree maintenance service going to the cemetery out of the 106-380-0001-5505
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— Cemetery—Other Professional Services account and $19,900.00 dollars for tree maintenance
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services going to Parks out of their 001-380-0072-5505—Parks—Other Professional Services. T"
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18 WHEREAS, Donegan Tree Service is also able to provide tree maintenance services to
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19 the San Bernardino Soccer Complex for safety and beautification purposes in the amount of 5
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$6,000 for the remainder of the fiscal year 2013-2014. The funds will be out of account
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number 134-380-0001-5502—Soccer Complex—Professional/Contractual Services.
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23 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
24 CITY OF SAN BERNARDINO AS FOLLOWS:
25 SECTION 1. The City Manager is hereby authorized to execute a Vendor Services
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Agreement between the City of San Bernardino and Donegan Tree Service. The Agreement is
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28 attached hereto as Exhibit"A"and incorporated herein by this reference.
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2 SECTION 2. That pursuant to this Resolution the Director of Administrative Services
3 is hereby authorized to increase purchase order no. 2014-0000-0783 by $6,000 to $30,900, to
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Donegan Tree Service, for the expanded tree maintenance services to Parks, San Bernardino
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6 Soccer Complex and Cemetery.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXCUTION OF A VENDOR SERVICES
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DONEGAN
TREE SERVICE AND ArTTT�iun01[_lN IHLi TITRFCT(li2 (lyTi ATl1ViIlVI T12ATIVE i
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SERVICES TO INCREASE PURCHASE ORDER NO.20 B. 56,000 1. n �
4 TOTAL AMOUNT OF $30,900 TO DONEGAN TREE SERVICE FOR THE
EXPANDED TREE MAINTENANCE SERVICES TO PARKS, SAN BERNARDINO
SOCCER COMPLEX AND C EMETARY.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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8 Common Council of the City of San Bernardino at a meeting thereof, held on
g the day of , 2014,by the following vote,to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ
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JENKINS
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14 VALDIVIA o
15 SHORETT ....._.__--
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16 NICKEL
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Georgeann Hanna, City Clerk Q
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22 The foregoing Resolution is hereby approved this day of ,2014.
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24 Patrick J. Morris,Mayor
25 City of San Bernardino
Approved as to form:
26 Gary D. Saenz, City Attorney
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By: - 6-yko'_ CS L-x
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS, PIONEER MEMORIAL, CEMETARY A SAN THE SA BERG NTARDuNTO
SOCCER COMPLEX
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This Vendor Service Agreement is entered into this 18th day of February,2014,
by and between Donegan Tree Service("DONEGAN") and the City of San Bernardino ("CITY"
or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital tree maintenance services to parks, Pioneer
Memorial Cemetery and the San Bernardino Soccer Complex; and
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WHEREAS, the CITY desires to continue to provide such tree maintenance services in
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order to provide a safe and appealing atmosphere; and °
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WHEREAS, DONEGAN has demonstrated reliable experience in the operation of tree a:
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maintenance; and 00
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WHEREAS, the CITY desires to retain the services of DONEGAN for the purpose of co
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tree maintenance for Parks, Pioneer Memorial Cemetery and the San Bernardino Soccer E
Complex.
NOW,THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
DONEGAN shall, perform and carry out in a good and professional manner the following
services:
a. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics in all City parks.
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b. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics at Pioneer ivieimorial Cemetery.
c. Provide crew and equipment for tree trimming and maintenance at San Bernardino
Soccer Complex, including debris removal.
d. DONEGAN shall immediately contact the Parks, Recreation and Community Services
Department for concerns requiring City staff attention.
2. COMPENSATION AND EXPENSES. v
a. For the services delineated above,the CITY, upon presentation of an in-vroice, shall
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pay DONEGAN up to the amount of$30,900.00 at the rates for services set forth in
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Attachment"1."
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Q b. No other expenditures made by DONEGAN shall be reimbursed by CITY.
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c. DONEGAN shall provide the CITY with a concise accounting of expenditures of LO
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each installment at the close of each month as noted herein in Section 3.
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3. RECORDS AND INSPECTIONS. 1°
DONEGAN shall maintain full and accurate records with respect to all matters covered E
under this agreement. Q
4. TERM; SEVERABILITY.
The term of this Agreement is from August 1, 2013 through June 30, 2014. Either party may
terminate this Agreement at any time by thirty (30) days' written notice. The terms of this
Agreement shall remain in force unless mutually amended in writing.
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S. INDEMNITY.
DONEGAN agrees to and shall indemnify and hold one CAlty, its elected officials,
employees,agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or omission of DONEGAN,its employees,
agents, or subcontractors, relating to or in any way connected with the accomplishment of the
work or performance of services under this Agreement,unless the bodily injury or property
damage was actually caused by the sole negligence of the City,its elected officials,employees, Cn
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agents or representatives. As part of the foregoing indemnity, DONEGAN agrees to protect and
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defend at its own expense, including attorney's fees,the City, its elected officials, employees,
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agents or representatives from any and all legal actions based upon such actual or alleged acts or
omissions. DONEGAN hereby waives any and all rights to any types of express or implied
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indemnity against the City, its elected officials, employees, agents or representatives,with LO
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respect to third party claims against the DONEGAN relating to or in any way connected with the
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accomplishment of the work or performance of services under this Agreement. f°
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6. INSURANCE. E
While not restricting or limiting the foregoing, during the term of this Agreement, DONEGAN a
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 as required by law, and shall file copies of said policies with the CITY'S
Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as
an additional named insured in each policy of insurance provided hereunder. The Certificates of
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insurance furnished to the CITY shall require the insurer to notify CITY in writing at least ten
(1 0) days in advance of any change or termination in the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
DONEGAN shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
8. INDEPENDENT CONTRACTOR. v
DONEGAN shall perform work tasks provided by this Agreement,but for all intents and
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purposes DONEGAN shall be an independent contractor and not an agent or employee of the F
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CITY. DONEGAN shall secure, at its expense, and be responsible for any and all payment of
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income Tax, Social Security, State Disability Insurance Compensation, Unemployment o
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Compensation, and other payroll deductions for DONEGAN and its officers, agents, and r
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employees, and all business license, if any are required, in connection with the services to be
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performed hereunder. E
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9. ASSIGNMENT OR SUBCONTRACTING.
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DONEGAN shall not assign this Agreement, or any portion thereof without the written consent =
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of CITY. Any attempt by DONEGAN to assign or subcontract any performance of this a
Agreement without the written consent of the CITY shall be null and void and shall constitute a
breach of this Agreement.
10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
DONEGAN warrants that it possesses, or shall obtain prior to execution of this
Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the
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Municipal Code, and any other licenses, permits, qualifications, Insurance and approval of
whatever nature that are legally required of DONEGAN to practice its business or profession.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature. )
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12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
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13. SUCCESSORS AND ASSIGNS. d
This Agreement shall be binding on and inure to the benefit of the parties to this LO
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Agreement and their respective heirs,representatives, successors, and assigns.
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14. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of
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convenience only and shall not affect the construction or the interpretation of any of its E
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provisions. Q
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
15. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
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16. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the =
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parties, and supersedes any prior agreements and understandings relating to the subject matter of p
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this Agreement. This Agreement may be modified or amended only by a written instrument r
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executed by all parties to this Agreement. LO
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17. NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United States °
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Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: TO DONEGAN: a
Parks, Recreation and Donegan Tree Service
Community Services Department 2235 West Darby St.
201 North"E" Street, 3rd Fl., Suite 301 San Bernardino, CA 92407
San Bernardino, CA 92401 (909) 889-4304 Fax(909) 887-3460
(909) 384-5233 Fax (909) 384-5160
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VENDOR
SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS,PIONEER MEMORIAL CEMIE TRY AiND THE SA.N BERNThAxRvILNT'0,
SOCCER COMPLEX
IN WITNESS THEREOF, the parties hereto have executed This Agreement on the day
and date set forth below.
Dated: ,2014 Dated: 12014
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CITY: City of San Bernardino VENDOR: Donegan Tree Service
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By:
By:
Allen J. Parker, City Manager Garth Donegan, Owner
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Approved as to Form:
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Gary D. Saenz,City Attorney
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Page No. of P
DONEGAN TREE SERVICE
2235 West Darby St.
SAN BERNARDINO, CA 92407 �
(909) 889-4304 FAX (909) 887-3460
• donegantree@gmall.com
Arborlsm At Its Best * St. Lic. #628545
PROPOSAL SUB" TOE' ,P DATE
e!'gqL7.V/,oc,
ADDRESS PHON !!
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DATE OF PLANS
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JOB NAME AND LOCATION ARCHITECT
JOB PHONE
We hereby submit specifications and estimates,subject to all terms and conditions as set forth on both sides,as follows:
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»�..»_.. ..._.._...._...._......»._..:..»»... »__ . ...»»............................... ............... .»»_ ..»»..».........»_................-......
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......... lex-:»......,fit" l am..?.........»..».».»_............_.......
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�o rtrac�tors -are--requ1red- by...taw...to...-be---iicensed---and-...regotated...by-.-th.e...........a..
_..._,.Cont ractQrs'......,State.......L nse.._...5 .ar.. ...... Fin. ......�ue io.ns....._cor cer� g......a........._ ...
contractor may be referred to the registrar of the board whose
.address...is:.......Contractors'�...Staite....Licen�se....Board;...-It aiding-Address:.., �e��.»....» ..
Box.-,26000,...Sacramento,...OA..-9.5826•......_...............-.....-_..._.------...............................»...».......»..............»»..».»» ..
(Read Reverse Side
111r JJra1jv5P hereby to furnish material and labor—. complete in accordance with above specifications,
for the sum of: dollars($ )
Q NOTE: This proposal ma be withdrawn by us if
Authorized
not accepted within days. Signature
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Arr PtCb; The above prices, specifications and
conditions are satisfactory and are hereby accepted. You Signature
are authorized to do the work as specified. Payment will be ,r•�e•tag.,3a
made as outlined above.
Cn City of San Bernardino �_ City of San Bernardino Purchase O
2• Parks& Rec Maint Shop Parks Department No. 2014-0000
234 S Mt View Bldg 100 0 201-B North E Street, Suite 301
o SAN BERNARDINO, CA92408 SAN BERNARDINO, CA 92401-1507 DATE 09/11/2013
PURCHASE I
ORDER VOICES
SH PPERS,BILL OF LADING AND CORRESPONDENCE
VENDOR610632-DONEGAN TREE SERVICE
Reprint Purchase Order
DELIVER BY
0 DONEGAN TREE SERVICE SHIP VIA
2235 W DARBY ST FREIGHT TERMS
SAN BERNARDINO, CA 92407 PAGE 1 of 1
ORIGINATOR: Barbara Sladek
REFERENCE#
Dim= _115i—SC R- IPTION
Ill 11 FA RIK
19,900.0000 I Each OTHER PROFESSIONAL SERV-PARKS Open 1.0000 $19,900.00 .2
FY 13114-ANNUAL PURCHASE ORDER FOR THE
REMOVAL,TRIMMING, RAISING OF TREES AND STUMP N f)
REMOVAL LOCATED IN CITY PARKS,MEDIAN AREAS a)
AND PIONEER CEMETERY FOR THE PARKS,
RECREATION&COMMUNITY SERVICES DEPARTMENT =—
FOR THE PERIOD OF JULY 1,2013 THROUGH JUNE 30,
2014. PARKS FUNDING=$19900.00 g
001-380-0072*5505-Other professional services 19,900.00 0
5,000.0000 Each OTHER PROFESSIONAL SERV-CEMETERY FUNDING Open 1.0000 $5,000.00 0
I 106-380-0001*5505-Other professional services 5,000.00 d
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TOTAL DUE $24,900.00
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Special Instructions
FY 13/14 -ANNUAL PO FOR REMOVAL, TRIMMING OR RAISING OF TREES FOR THE DEPARTMENT
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