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Home My WebLink About15- Public Services r CITE' OF SAN BERNARD►INO - REQUEST FOR COUNCIL ACTION Front: James R. Howell Subject: RESOLUTION AUTHORIZING EXTENSION Director NUMBER ONE OF AGREEMENT APPROVED UNDER RESOLUTION NO. 95-210 AND 95-211 Dept: Public Services BETWEEN CITY OF SAN BERNARDINO AND DARELL BARBARICK AND H & H CITRUS, Date: May 22, 1996 INC. RELATING TO WEED ABATEMENT OF ® R/ VACANT PROPERTIES. TERM OF EXTENSION JULY 1, 1996 TO JUNE 30, 1997. G/ N AL Synopsis of Previous Council Action: • May 1995 - Resolution 95-210 and 95-211 authorizing agreement for weed abatement to vacant properties to Darell Barbarick and H & H Citrus, Inc. Recommended Motion: Adopt resolutions S gmture Contact person: James R. Howell, Director Phone: 5140 Supporting data attached: Staff Report Ward: all FUNDING REQUIREMENTS: Amount: $250,000 Source: (Acct. No.) 001-407-5506 (Acct. Description) Weed Abatement In rict Finance: �� s<'=r./C Council Notes: llgg� ' � ' Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND: The 1996/97 Budget provides for weed abatement on vacant lots throughout the City. During FY95/96 the City contracted with two (2) contractors, H& H Citrus, Inc. and Darell Barbarick for these services. Both contractors have worked for the City prior to FY95/96 and have consistently provided satisfactory services in a timely manner. 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 miximum of three (3) years." Upon approval of the City Administrator's office, the Department of Public Services 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 one is July 1, 1996 to June 20, 1997. CONCLUSION: 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 H & H Citrus, Inc. and Darell Barbarick 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. 5/96 ��FEtNARD,� T Y O F O bernardino •�oG�'DED lN,e`O P U S L I C S E R Y I C E S D E P A R T M E N T J A M E S R. H 0 W E L L D I R E C T O R May 23, 1996 Darell Barbarick 16643 Slover Ave. Fontana, CA 92337 SUBJECT; WEED ABATEMENT CONTRACT EXTENSION Dear Mr. Barbarick: The City of San Bernardino Public Services Department is exercising our option to extend your current Contract Agreement, adopted under Resolution No. 95-211, for a period of one year from July 1, 1996 to June 30, 1997. 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 Jim Howell, Director of Public Services. Feel free to call me if you have questions or concerns. I look forward to another year of cooperative effort between Weed Abatement Division and your company. Sincerely, wv o Vlasak e I Administrative Operations Supervisor ® 3 0 0 N O R T H D ' S T R E E T . S A N 8 E R N A R D I N 0 C A L I F 0 R N I A 9 2 4 1 8 0 0 0 1 9898830188 MAY-28-96 TUE 02 :47 PM JARVIS_TAX--OCTAGON__SVCS 9098830188 P. 01 PQSt-!t"FF1x Note 7871 Date pag s* To From Co./Dav� 70 sA�{�Co. Phono Phone a ry Fax r DWB & c DISCING DARELL W BARBARXCK 16643 SLOVRR AVE FONTANA, CA 92337 May 28, 1996 City of San Bernardino Department of Public Services 300 North D St San Bernardino, Ca 92418 Attention: Mr. James R Dowell, Director Dear Sir: Per your letter of May 23, 1996, I agree to extend my contract for the period July 1, 1996 through June 30 , 1997 at the terms and conditions stated. very truly yours, Darell W Barbarick DWB/lj ,rBFRNARp�'�'� SP C I T Y O F O - an Bernardino •�OG�'pED IN�0`O P U B L I C S E R V I C E S D E P A R T M E N T J A M E S R. H O W E L L D I R E C T O R May 23, 1996 Chuck Hills Kyle Hadley H & H Citrus, Inc. Mentone, CA 92359 SUBJECT: WEED ABATEMENT CONTRACT EXTENSION Dear Mr. Hills and Mr. Hadley: The City of San Bernardino Public Services Department is exercising our option to extend your current Contract Agreement, adopted under Resolution No. 95-210, for a period of one year from July 1, 1996 to June 30, 1997. 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 Jim Howell, Director of Public Services. Feel free to call me if you have questions or concerns. I look forward to another year of cooperative effort between Wged Abatement Division and your company. Sincerely, o ce Vlasak Administrative Operations Supervisor 19 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 C A L I F 0 R N I A 9 2 4 1 8 0 0 0 1 90-) 794+G9e5 MAY--28-96 10 n2? AM H&H ENTERPRISES 909 794+6885 P. 01 H & H CITRUS INC., AVAV,&V,&VAVAVAVAVAVAVAVA >• C -' �r.1:<15;+s-MkN 1 VN C/�, Q,^�✓, -TciephgnC�J09 7Jd-0BBa.Fax 9C9 7'9.7.7705 141ay 7.ti, 1996 City of San Bernardino Jill'HO%'vell, Dilec:tur of Public Services 100 North "D" Street San licrnardino, CA 92418-0001 Dee.a Mr. Howell, N.*case let this lettrx sei ve as written acceptance of the weed abatement contract extension proposal for the period 01'3uly 1, 1996 to June 30, 1997, H& H Citrus aggrees to continue the contract for the additional pel iucl with rau increase in price- Si[awe�eDy„ Chuck Hills II 1 FIRST EXTENSION TO AGREEMENT 2 THIS FIRST EXTENSION to the AGREEMENT is entered into between 3 H & H CITRUS, INC. ( "CONTRACTOR" ) and the CITY OF SAN BERNARADINO 4 ( "CITY" ) . 5 WITNESSETH: 6 A. WHEREAS, CITY has need for annual weed abatement service 7 within the CITY and, . 8 B. WHEREAS, CONTRACTOR is competent, experienced and able 9 to perform said services, and 10 C. WHEREAS, CONTRACTOR has provided the lowest responsible 11 bid for the providing of such services, 12 NOW THEREFORE, the parties hereto agree as follows : 13 1 . CONTRACTOR shall furnish annual weed abatement service 14 to the CITY in accordance with Bid specifications F-96-01 . ` 15 2 . Over the term of this Agreement, CONTRACTOR shall be 16 paid for such services an amount in accordance with Bid 17 Specification F-96-01 Bidder' s Proposal and Statement . 18 3 . CONTRACTOR shall provide the Public Services Department 19 with a monthly invoice in arrears and shall be provided payment 20 within thirty (30) days therefrom. CITY retains the right to 21 challenge all or any part of an invoice. 22 4 . The term of this First Extension Agreement shall be one 23 (1) year, from July 1, 1996 to June 30, 1997, which is the second 24 year of the original agreement . 25 5 . CONTRACTOR agrees to defend, indemnify, save and hold 26 CITY, its officer, agents and employees harmless from any claims 27 or suits that my be brought by third persons on account of 28 1 personal injury, death or damage to property or a property or business or personal interest, arising from any negligent act or 3 omission by contractor while performing services under this 4 Agreement . 5 6 . While not restricting of limiting the foregoing, during 6 the term of this Agreement, contractor shall maintain in effect 7 policies of comprehensive public, general and automobile liability 8 insurance, in the amount of $1, 000, 000 combined single limit, and 9 statutory worker' s compensation coverage, and shall file copies of 10 said policies with the CITY' s Risk Manager prior to undertaking 11 any work under this Agreement . 12 7 . CONTRACTOR shall perform work tasks as directed by the 13 Public Services " Department, but for all intents and purposes 14 CONTRACTOR shall be an independent contractor and not an agent or 15 employee of the CITY. 16 8 . In the performance of this Agreement and in the hiring 17 and recruitment of employees, contractor shall not discriminate on 18 the basis of race, creed, color, religion, sex, physical handicap, 19 ethnic background or country of origin. 20 9 . Any notice to be given pursuant to this Agreement shall 21 be deposited with the United States Postal Service, postage 22 prepaid and addressed as follows : 23 TO THE CITY: James R. Howell, Director Public Services Department 24 300 North "D" Street 25 San Bernaradino, CA 92418 26 TO THE CONTRACTOR: Chuck Hills, Co-Partner H & H Citrus, Inc . P. O. Box 195 27 Mentone, CA 92359 28 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 First Extension Agreement on the day and date first above shown. 5 6 Date : By: H & H Citrus, Inc . 7 8 Signature : Chuck Hills 9 CITY OF SAN BERNARDINO 10 Date : By: 11 Tom Minor, Mayor 12 ATTEST: 13 14 Rachel Clark, City Clerk Approved as to form 15 and legal content : 16 James F. Penman 17 City A torney � 18 BY: 19 20 21 22 23 24 25 26 27 28 1 FIRST EXTENSION TO AGREEMENT 2 THIS FIRST EXTENSION to the AGREEMENT is entered into between 3 DARELL W. BARBARICK ( "CONTRACTOR" ) and the CITY OF SAN BERNARADINO 4 ( "CITY" ) . 5 WITNESSETH: 6 A. WHEREAS, CITY has need for annual weed abatement service 7 within the CITY and, 8 B. WHEREAS, CONTRACTOR is competent, experienced and able 9 to perform said services, and 10 C. WHEREAS, CONTRACTOR has provided the lowest responsible 11 bid for the providing of such services, 12 NOW THEREFORE, the parties hereto agree as follows : 13 1 . CONTRACTOR shall furnish annual weed abatement service 14 to the CITY in accordance with Bid specifications F-96-01 . 15 2 . Over the term of this Agreement, CONTRACTOR shall be 16 paid for such services an amount in accordance with Bid 17 Specification F-96-01 Bidder' s Proposal and Statement . 18 3 . CONTRACTOR shall provide the Public Services Department 19 with a monthly invoice in arrears and shall be provided payment 20 within thirty (30) days therefrom. CITY retains the right to 21 challenge all or any part of an invoice . 22 4 . The term of this First Extension Agreement shall be one 23 (1) year, from July 1, 1996 to June 30, 1997, which is the second 24 year of the original agreement . 25 5 . CONTRACTOR agrees to defend, indemnify, save and hold 26 CITY, its officer, agents and employees harmless from any claims �. 27 or suits that my be brought by third persons on account of 28 I . I personal injury, death or damage to property or a property or 2 business or personal interest, arising from any negligent act or 3 omission by contractor while performing services under this 4 Agreement . 5 6 . While not restricting of limiting the foregoing, during 6 the term of this Agreement, contractor shall maintain in effect 7 policies of comprehensive public, general and automobile liability 8 insurance, in the amount of $1, 000, 000 combined single limit, and 9 statutory worker' s compensation coverage, and shall file copies of 10 said policies with the CITY' s Risk Manager prior to undertaking 11 any work under this Agreement . 12 7 . CONTRACTOR shall perform work tasks as directed .by the 13 Public Services Department, but for all intents and purposes 14 CONTRACTOR shall be an independent contractor and not an agent or 4 15 employee of the CITY. 16 8 . In the performance of this Agreement and in the hiring 17 and recruitment of employees, contractor shall not discriminate on 18 the basis of race, creed, color, religion, sex, physical handicap, 19 ethnic background or country of origin. 20 9 . Any notice to be given pursuant to this Agreement shall 21 be deposited with the United States Postal Service, postage 22 prepaid and addressed as follows : 23 TO THE CITY: James R. Howell, Director 24 Public Services Department 300 North "D" Street 25 San Bernaradino, CA 92418 TO THE CONTRACTOR: Darell W. Barbarick 26 16643 Slover Ave . 27 Fontana, CA 92337 28 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 First Extension Agreement on the day and date first above shown. 5 6 Date : By: Darell W. Barbarick 7 8 Signature 9 CITY OF SAN BERNARDINO 10 Date : By: 11 Tom Minor, Mayor 12 ATTEST: 13 14 Rachel Clark, City Clerk 4rrr► Approved as to form 15 and legal content : 16 James F. Penman 17 City A, torney I� 18 By 19 20 21 22 23 24 25 26 27 28