Resolution Number 16-03-15-02RESOLUTION NO. 16-03-15-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR
PROPOSAL/REQUEST FOR QUALIFICATION BID (RFP/RFQ)
PROCESS AS A NON COST-EFFECTIVE APPROACH, AND
AUTHORIZING STAFF TO PROCEED WITH AWARDING AN
AGREEMENT FOR WEED, RUBBISH AND THISTLE ABATEMENT
WHEREAS, the City has contracted with E. Stewart and Associates, Inc., for
weed, rubbish and thistle abatement services since January 16, 2007; and
WHEREAS, the contract with E. Stewart and Associates, Inc., expired on
December31 ,2015;and
WHEREAS, pursuant to Section 6-7.01 of the San Juan Capistrano Municipal
Code, abatement of weeds and thistle, and the removal of garbage, refuse, and dirt
throughout the City must be performed annually to assist in reducing risks associated
with fire, health, and safety. Additionally, Assembly Bill 337, High Fire Severity Zone
Abatement, requires the City to abate weeds in designated High Fire Hazard Severity
Zones , and as directed by the Orange County Fire Authority; and
WHEREAS, due to the higher rainfall received this winter, early weed abatement
and winter preparation is imperative to ensure compliance with the City's municipal
code and state law; and
WHEREAS, previous solicitations conducted in 2002 and 2007 for weed, rubbish
and thistle abatement services resulted in only one proposer (E. Stewart and
Associates, Inc.) being deemed the sole qualified proposer willing to perform the full
scope of work required by the City at a reasonable price; and
WHEREAS, Section 3-4.304 of the San Juan Capistrano Municipal Code
provides that maintenance services contracts over $25,000 are subject to a formal
RFP/RFQ bid process; and
WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code
provides an exception to the formal RFP/RFQ process where the process is deemed
not to be the most cost-effective approach; and
WHEREAS, undergoing a formal RFP/RFQ process for weed, rubbish and thistle
abatement services would not be the most cost-effective approach given the City's need
to receive expedited abatement services; and
WHEREAS, E. Stewart and Associates, Inc., is familiar with the City's needs, has
indicated that it will hold existing pricing; has historical knowledge of the nuances of the
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service areas; has demonstrated its flexibility to meet the City's service requirements;
requires minimal staff oversight; has historically provided excellent service to the City;
has an understanding of the requirements of the Orange County Fire Authority
("Authority") and is able to perform the services necessary to comply with directives
from the Authority and as otherwise required by AB 337; and can immediately begin
performing services without any substantive ramp up time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS
FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein by this
reference.
2. That undergoing a formal RFP/RFQ process at this time for weed, rubbish and
thistle abatement services would not be the most cost-effective approach.
3. That the City Manager or his designee is hereby authorized to enter into a
contract with E. Stewart and Associates, Inc., for weed, rubbish and thistle
\abat ment services, without undergoing the formal RFP/RFQ process.
\
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 16-03-15-02 was duly adopted by the Cit~
Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 151
day of , rc h 2016, by the following vote:
AYES:
NOES:
ABSEN
C9 NCIL MEMBERS: Reeve, Perry, Ferguson and Mayor Patterson
([) NCIL MEMBERS: None I
' UNCIL MEMBERS: Allevato (Stepped out of Chamber)
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