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HomeMy WebLinkAbout2004-2951 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. 2004-295 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH THREE SINGLE YEAR RENEWAL OPTIONS, TO PRUDENTIAL OVERALL SUPPLY FOR CITYWIDE NON -SAFETY UNIFORM AND DUST CONTROL ITEM RENTAL AND LAUNDRY SERVICE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Prudential Overall Supply is the lowest and best bidder for the City- wide non -safety Uniform and Dust Control Item Rental Service. Pursuant to this determination, the Purchasing Manager is hereby authorized to issue and execute an Annual Purchase Order and Service Agreement, respectively, (a copy of which is attached hereto as Exhibit "A" and incorporated in full herein), with three single year renewal options, to Prudential Overall Supply in an amount of $127,000 for the Fiscal Year 2004/2005 for Citywide non -safety Uniform and Dust Control Item Rental and Laundry Service. The Purchasing Manager is authorized to issue a purchase order for the additional renewal year(s) if the unit price of the uniforms, patches, and dust control items has not increased from the 2004/2005 fiscal year. Costs for renewal years will be dependent on individual department funding for these items. SECTION 2. The authorization to execute the above -referenced Purchase Order and Service Agreement is rescinded if it is not issued and executed, respectively, within (60) sixty days of the passage of this resolution. 26 27 28 /// 2004-295 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH THREE SINGLE YEAR RENEWAL OPTIONS, TO PRUDENTIAL OVERALL SUPPLY FOR CITYWIDE NON -SAFETY UNIFORM AND DUST CONTROL ITEM RENTAL AND LAUNDRY SERVICE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the 20th day of September , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MCCAMMACK 19 20 21 22 23 24 2004. F4 M.P , fat► Rac el 5CIark pity Clet��� y Se temb r The foregoing resolution is hereby proved this �� da of Approved as to Form and legal content: JAMES F. PENMAN, City Attorney 11 th Valles, Mayor of San Bernardino 2004-295 1 SERVICE AGREEMENT 2 THIS AGREEMENT is entered into this 20th day of September , 2004, 3 between Prudential Overall Supply ("CONTRACTOR") and the CITY OF SAN 4 BERNARDINO ("CITY)". 5 WITNESSETH: 6 7 A. WHEREAS, CITY has need for City-wide non -safety uniform and g janitorial item rental and cleaning services (Uniforms) and, 9 B. WHEREAS, CONTRACTOR is competent, experienced and able to 10 perform said services: and, 11 C. WHEREAS, CONTRACTOR has provided the most advantageous and 12 best responsible bid for the providing of such services; 13 14 NOW THEREFORE, the parties hereto agree as follows: 15 1. CONTRACTOR shall furnish Uniforms in accordance with Request for Quotations (RFQ) 16 F-05-01. 17 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an io amount in accordance with RFQ F-05-01 and CONTRACTOR's Bid and Statements. 19 3. CONTRACTOR shall provide proof of delivery with a monthly invoice in arrears and shall 20 21 be provided payment within thirty (30) days therefrom. CITY retains the right to challenge ,)I I all or any part of an invoice 23 4. The initial term of this Agreement shall be effective from the date first shown above 24 through June 30, 2005 and is subject to termination by either party upon thirty (30) days 25 written notice to the other. There may be three one-year extensions at the discretion of m 2004-295 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 CITY, if the unit price of the uniforms, patches and dust control items has not increased from the 2004/2005 fiscal year. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable attorney's fees and costs of defense) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or 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. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by City staff identified in RFQ F-05- 01, 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. 2004-295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 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: Marsha Zeller, Purchasing Manager City of San Bernardino Purchasing Division 300 North `D' Street San Bernardino CA 92418 TO THE CONTRACTOR Prudential overall Supply 6997 Jurupa Avenue Riverside, CA 92504 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. // // 2004-295 1 2 3 4 5 6 7 8 9 10! 11 12 13 14 15 16 17 18 19 20 21 231 M IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: 9 z9 7 by: i�'r'CJCP4,1, I 00U; N SIA Business Name Signature // CITY OF SAN BERNARDINO Date: a % - d by: &46:a 0 17 ATTEST: /) / Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney Purchasing Manager City of San Bernardino