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HomeMy WebLinkAbout1999-303 .... / , 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 Resolution No. 1999 303 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ..I PURCHASING MANAGER TO AWARD AN ANNUAL PURCHASE ORDER AND SERVICE AGREEMENT, WITH THREE SINGLE YEAR RENEWAL OPTIONS, TO PRUDENTIAL OVERALL SUPPLY FOR CITY-WIDE NON-SAFETY UNIFORM AND JANITORIAL ITEM RENTAL 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 City-wide non- safety Uniform and Janitorial item rental services. Pursuant to this determination, the Purchasing Manager is hereby authorized to issue an Annual Purchase Order and Service Agreement (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 not to exceed $60,000 for the balance of Fiscal Year 1999/2000 for City-wide non-safety Uniform and Janitorial item rental services. SECTION 2. The authorization to execute the above referenced is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III III III III III III III III 1999-303 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6th December day of . 1999, by the following vote, to wit: Council Members: Ayes Nays Abstain Absent ESTRADA x - LIEN x McGINNIS x - SCHNETZ x SUAREZ x ANDERSON x MILLER x The foregoing resolution is hereby approved this December 1999. Approved as to form and legal content: James F Penman, City Attorney BY: day of J i Valles, Mayor C ty of San Bernardino 1999-303 Exhibit "A" 1 2 3 4 5 6 7 8 SERVICE AGREEMENT THIS AGREEMENT is entered into this 6th day of December, 1999, between Prudential Overall Supply ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)" . WITNESSETH: WHEREAS, CITY has need for City-wide non-safety uniform and janitorial item A. rental and cleaning services (Uniforms) and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform 9 said services: and, 10 C. WHEREAS, CONTRACTOR has provided the most advantageous and best 11 responsible bid for the providing of such services; 12 NOW THEREFORE, the parties hereto agree as follows: 13 1. CONTRACTOR shall furnish Uniforms in accordance with Request for Quotations (RFQ) F-OO- 14 30. 15 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in 16 accordance with RFQ F-00-30 and CONTRACTOR's Bid and Statements. 17 3. CONTRACTOR shall provide proof of delivery with a monthly invoice in arrears and shall be 18 provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or 19 any part of an invoice. 20 4. The initial term of this Agreement shall be effective from the date first shown above through 21 June 30, 2000 and is subject to termination by either party upon thirty (30) days written notice to 22 the other. There may be three one-year extensions at the discretion of CITY, and prices for 1999-303 1 renewal periods shall be negotiated with the Purchasing Manager up to thirty (30) days prior to 2 the expiration date of the current agreement period. 3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents 4 harmless from any claim, demand, liability, suit, judgment or expense (including, without 5 limitation, reasonable attorney's fees and costs of defense) arising out of or related to 6 CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend 7 and hold harmless shall not apply where injury to person or property is caused by CITY's willful 8 misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members 9 of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's 10 fees" for the purposes of this paragraph. 11 6. While not restricting or limiting the foregoing, during the term of this Agreement, 12 CONTRACTOR shall maintain in effect policies of comprehensive public, general, and 13 automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory 14 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 15 Manager prior to undertaking any work under this Agreement. The policies shall name the CITY 16 as an additional insured and shall provide for ten (10) day notification to the CITY if said 17 policies are terminated of materially altered. 18 7. CONTRACTOR shall perform work tasks as directed by City staff identified in RFQ F-00-30, 19 but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an 20 agent or employee of the CITY. 21 8. In the performance of this Agreement and in the hiring and recruitment of employees, 22 CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical 23 handicap, ethnic background or country of origin. 1 9. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1999-303 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: David Batson, Purchasing Manager City of San Bernardino Purchasing Dept. 300 North 'D' Street San Bernardino CA 92418 TO THE CONTRACTOR Prudential Overall Supp1v 6997 Jurupa Avenue Riverside. CA 92504 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. II II II II II II II II II II II II 1999-303 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 and date first above shown. Date: I;) //3/ 'I q ,. , 3 4 5 6 7 II 8 9 Date: !r2f3/qq II ATTEST: KY (! hd f((lJI./6 b~!i~q[?{~~~1 ~fW!J Approved as to form and legal content: James F. Penman .~ II II by: jJ(I4(/-tI1H II / Ol/<<ti/I ~ ~~ Signature (CI'IT'?F SAN BERNARDINO by: ~<<;( 13~ David Batson Purchasing Manager City of San Bernardino