Resolution Number 16-11-01-01RESOLUTION NO. 16-11-01-01
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 AN AMENDMENT TO THE
EXISTING MAINTENANCE SERVICES AGREEMENT WITH E.
STEWART AND ASSOCIATES, INC., FOR WEED, RUBBISH, WINTER
PREPARATION, AND THISTLE ABATEMENT
WHEREAS, the City entered into an Maintenance Services
Agreement with E. Stewart and Associates, Inc., for weed, rubbish and thistle
abatement services on March 15, 2016 ("Agreement"); and
WHEREAS, the Agreement is presently set to expire on December 31, 2016; and
WHEREAS, the City wishes to extend the term of the Agreement to
December 31, 2018, with two one-year optional extensions at the City's discretion; 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 ("Authority"); and
WHEREAS, 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
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WHEREAS, undergoing a formal RFP/RFQ process for weed, rubbish and thistle
abatement services would not be the most cost-effective approach given the lack of
responses from qualified firms other than E. Stewart and Associates, Inc., to the City's
previous solicitations; 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
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 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 Amendment No. 1 to the Agreement extending the term of the Agreement is
hereby approved .
4. That the City Manager or his designee is hereby authorized to execute
Amendment No. 1 to the Agreement.
PASSED, APPROVED, and ADOPTED is 1st day of November 2016 .
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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. 16-11-01-01 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
1st da y of November 2016, by the following vote :
OUNCIL MEMBERS: Reeve, Allevato, Ferguson and Mayor Patterson
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Perry
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