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" crfY" OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Report on feasibility of City Employees
performing weed abatement services.
pept: Administrator's Office
Date: June 26, 1997
r ORIGINAL
Synopsis of Previous Council Action:
6/16/97
Council continued Item No. 10 relative to approval of the second extension of agreements for
weed abatement service to July 7th, 1997, and directed that the City Administrator investigate
the feasibility of City Employees performing the weed abatement services.
Recommended Motion:
That the report on feasibility of City Employees performing weed abatement services be received and
filed. ~J~
Signature
Contact person: Fred Wilson. City Administrator
Phone 5122
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount: N/ A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
1t - Res 97- .;l J I
l2.: Res 97- ~/:J.
Agenda Item No. '13
1)7/q7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Item No. 10 on the agenda of the June 16th meeting of the Mayor and Common Council
requested Council approval of the second extension of agreements for weed abatement
services on vacant properties within the City of San Bernardino. Combined total cost for
both contracts was $221,000.
Mr. Jeff Carr, Labor Relations Representative of the San Bernardino City Employees'
Association, spoke from the podium on June 16th, suggesting to Council that in lieu of
extending the contracts for weed abatement for the 1997/98 Fiscal Year, the employees
in positions being considered for layoff as a means to balance the 1997/98 budget might
be retained by the City, and retrained to perform the weed abatement function. The
Council's direction at that time was that Agenda Item No. 10 be continued to July 7,
1997, and that the City Administrator investigate the feasibility of City employees
performing the weed abatement services.
Weed abatement services are needed for relatively short periods of time, as the need for
same is seasonal in nature. The Spring/Summer weed abatement season generally lasts
three months, and the Fall abatement season approximates two months. According to the
most recent five-year average, the number of parcels notified and inspected was 5,600; of
that number, voluntary compliance was achieved in approximately 1,800 of the cases. The
balance, 3,800 parcels, were abated at the City's direction.
In order to provide services at the level required by the City of San Bernardino bid
specifications for weed abatement services, and comparable to those currently being
provided by the weed abatement contractors during the abatement cycles, the following
personnel and equipment would be required:
Personnel Requirements:
Step 1 Plus
Benefits
Hrly Annual Cost
Rate
Approximately 14.5 field crew personnel
Maintenance Worker I (hand crews) 1785 mo
Heavy Equipment Operators (10) 2234 mo
Maintenance Wkr II (truck drivers) (7) 1972 mo
Equipment Mechanic I (1 additional) 2094 mo
Lead Maintenance Worker (1) 2348 mo
Abatement Aide (Inspections) (1) 1839 mo
Typist Clerk II 1522 mo
Annual Labor Cost for sufficient
personnel to provide services:
28.5% $13.23 hr $399,016.80
28.5% $16.56 hr $344,448.00
28.5% $14.62 hr $212,867.20
28.5% $15.52 hr $ 32,289.48
28.5% $17.41 hr $ 36,206.16
28.5% $13.63 hr $ 28,357.38
28.5% $ 8.78 hr $ 18.264.00
$1,071,448.90
These staffing levels, while high, are based on the premise that the weeds must be abated
within the prescribed timelines due to fire hazard control concerns.
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Equipment Requirements
The City currently owns one D4 Caterpillar tractor with discs, one Ford tractor with
discs, and one transporter for D4; this equipment is in good condition. The City would
need to acquire an the following additional heavy equipment:
Tractors (9)
M-F Model 375 4/2/D
Discs (9)
Heavy duty Mowers (6)
Dump trucks (3)
Est'd cost for weed cutters, hand tools
and safety equipment for hand crews
Equipment Sub-Total
Sales Tax
Equipment Total
$ 33,000 ea.
5,000 ea
5,000 ea.
25,000 ea.
Purchase Price
$297,000
45,000
30,000
75,000
85.000
$532,000
41.230
$573,230
Maintenance and Operations cost for year one
are estimated at $46,000, which includes
$5,000 for replacement equipment parts.
Start-up costs for year one of the City provided weed abatement operation, for personnel
and equipment only, approximates $1,643,700.
Evaluation of Positive Components of City-provided services:
City provided weed abatement services would provide alternative employment for
positions being considered for elimination in the budget balancing process.
Concerns Noted:
The weed abatement program is for fire control purposes. Increased fire hazard may
result from cutting at the wrong time, or failing to cut at appropriate times.
Due to the seasonal nature of the weed abatement function, staffing, and costs for same,
is high for a relatively short period of time (approximately five months of the year.) The
cost to employ sufficient staff to meet the demand during the Spring/Summer and Fall
abatements is prohibitive, and we do not, at this time, have alternate work demands
identified for the employees during the remaining months of the year. Some possible
activities which could be considered during the off months are storm drain cleaning,
graffiti removal, and weed abatement of properties on which there are vacant structures.
With City-provided services, the City would assume the liability for any injuries or
property damage sustained during the course of abatement activities. Currently, the
contractors provide $1,000,000 in public liability insurance, and $50,000 in property
damage.
.
Alternative suggested by Councilmembers - Rebid Contract
There was concern expressed regarding the request to grant the one-year extensions to the
current contracts, based upon the perception that there may be other contractors who are
being excluded from bidding the work.
During the last bidding cycle in 1995, ofthe 23 packets that were sent out to interested
bidders, only four responses were received; of those four, two were formal "No-Bids", and
two were the contractors that the City contracts with for weed abatement services. The
Purchasing Manager has informed me that there are currently a total of six vendors which
have indicated an interest in bidding work of this kind for the City of San Bernardino.
The Spring/Summer abatement will be finished by the June 30, 1997 conclusion to the
current term of the existing contracts. There is sufficient time remaining before the Fall
weed abatement season to go out to formal bid.
In the contract language of the current contracts, the contract price remains fixed until
June, 1999, if the extensions for the existing contracts are renewed by the Mayor and
Common Council. If the Council elects to open the (services) up for rebid, the cost for
services may change.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Bill Skiles
Manager
Code Compliance
Subject:
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.
Dllpt:
Date:
May 22,1997
JUN 05 1997
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 Resol ution 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.
-~
Signature
Contact person: Bil 1 Skiles
Supporting data attached: Staff Report
Phone: 5205
FUNDING REQUIREMENTS:
Amount:
Ward: ALL
$221,000 '*
001-074-5506
d A
Source:
Finance:
Council Notes: _ Previously - · If) A +l3 - 171,1,,/97
-ti-13
CJ 7)1/t,
1: SW!o~" 77) <N('!<....S((J" /A< f"t'77/'ffS' &060..""'"
75-0262 Agenda I tern r
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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.
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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 Daren Barbarick
3 - Acceptance letter from Daren 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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Exhibit - 2
CITY OF
San l)ernardino
CODE COMPLIANCE DIV'StON
Bill SKilES
MANAGER
May 23, 1997
Darell W. Barbarick
16643 Slover Ave.
Fontana, CA 92337
SUBJECT: 1fBBD ABATBMBNT CONTRACT J5.lI.TuSJ:ON
Dear Mr. Barbarick:
The City of San Bernardino Code Compliance Division is exerc~s~ng
our option to extend your current Contract Agreement, adopted under
Resolution No. 95-211, 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 a . 0 0 0 1 (. . .) I." . II . I
M~Y-30-97 08:19 PM
P..01
Exhibit - 3
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1
2 SECOND EXTENSION TO AGREEMENT
3 THIS SECOND EXTENSION to the AGREEMENT is entered into between
4 Darell W. Barbarick ("CONTRACTOR") and the CITY OF SAN BERNARDINO
5 ("CITY").
6 WITNESSETH:
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
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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
12
13
14
15
16
17
18
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.
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
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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:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City ttorney
-;2
v
26
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By: Darell W. Barbarick
Signature
CITY OF SAN BERNARDINO
By:
Tom Minor, Mayor
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Exhibit - 6
CITY OF
San Bernardino
CODE COMPLIANCE DIYl810N
BILL SKILES
MANAGER
May 23, 1997
Chuck Hills
Kyle Hadley
H & H Citrus, Inc.
P.O. Box 195
Mentone, CA 92359
S1JBJBC'l': WBBD ABA:;s;15lUiII'l' CON'l'RAC'l' 15JI;rulSION
Dear Mr. Hills and Mr. Hadley
The City of San Bernardino Code Compliance Division 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, 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.
~Jffi
Bill Skiles
Manager
30a NORTH 0' STReET, SAN BERNARDINO.
C A l. I FOR N I A. 9 2 .. I 8 . 0 0 0 1 f' 0 . ) J ... . 5 2 D 5
909 794+6885
P.02
MAV-3B-97 FRI 09:50 AM H&H ENTERPRISES
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Exhibit - 7
H & H CITRUS INC.,
......."..."....."....."
p.o. 80'X'. 'M_Uf"NTnNP.CA ~.T"""_-=_~- r.fitJ)'704'11&&
May 29, 1997
lIill Skiles
C.ode Complioncc Manager
City of San Bernardino
Code Compliance Division
300 Noah "D" SUeet
S~B~ilinu,CA,924t8
!,'UBJECT: WEED ADA'l'KM1!'..N'l' CUN'l'HACI' EXTENSION
Dear Mr, Skiles,
Please allow lhis teuer 10 serve as confirmation lhaI; H lit. H Ciu u. IIRJ'ees 10 the e>rtensinn
of lhc ClIUTCIIl COIlIJ1Mll tor a period of one YlllII" Duw Jl!ly 1. 1997 to Jutte'llI, 1997. This
ooxtOllUliuu will..'UIUU1I<I1"" wilhuuL IW in..,,,,,,,,, in peice. It"you have aoy 'l"...mnn. [lICllSC
call 909-794-6885.
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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 WITNESSETH:
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
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13
14
15
16
17
18
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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.
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.
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5
6 Date:
7
8
9
10
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By: Chuck Hills
Signature
CITY OF SAN BERNARDINO
Date: By:
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Atfi,orney
By: :k ~_, ? - '~"'1/Z.-?'>-V-"
(J
Tom Minor, Mayor