Loading...
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 .~ _. 1 2 3 4 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 q 1.f1-~ I 1ft 1'..# ~ j~kr~.u~ ~..k/~ f. ft. pI, r~ ~7,.,J r H{ /1r1 ~ r f~/~?r, ~ ~, f5"-~11 1.Jr?? IJ L/- 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 28 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 27 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 16 17 18 19 20 21 22 23 24 25 26 27 28 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