HomeMy WebLinkAbout2007-404
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RESOLUTION NO. 2007-404
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF
$90,000.00 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
BETWEEN THE CITY OF SAN BERNARDINO AND PETER JOHN CONTAINER
REPAIR FOR COMMERCIAL BIN REPAIRS UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT, INTEGRATED WASTE MANAGEMENT DIVISION.
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6 NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
. COUNCIL OF THE CITY OF SAN BERNARDINO ORDAINS AS FOLLOWS:
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SECTION 1. That Peter John Container Repair submitted the lowest quote and
bid for commercial bin repairs; and
SECTION 2. That the City Manager is hereby authorized to execute on behalf
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of said City a Vendor Services Agreement between the City of San Bernardino and
Peter John Container Repair, a copy of which is attached hereto, marked Exhibit A
and incorporated herein by reference as fully as though set forth at length; and
SECTION 3. That pursuant to this determination the Purchasing Manager is
hereby authorized to issue the purchase order to Peter John Container Repair for a
total amount of $90,000.00. The Purchase Order shall reference this Resolution No.
2007----1lO!., and shall read, "Peter John Container Repair for commercial bin repairs."
P.O. No.
, not to exceed $90,000.00 and shall incorporate the terms and
conditions of the purchase order; and
SECTION 4. The authorization to execute the above-referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
2 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF
$90,000.00 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN
3 THE CITY OF SAN BERNARDINO AND PETER JOHN CONTAINER REPAIR FOR
COMMERCIAL BIN REPAIRS UTILIZED BY THE PUBLIC SERVICES DEPARTMENT,
4 INTEGRATED WASTE MANAGEMENT DIVISION.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a joint re"u1ar
meeting
8 thereof, held on the 19th
9 following vote, to wit:
10 Council Members: Aves
11 ESTRADA x
12 BAXTER x
13 VACANT x
14 DERRY x
15 KELLY x
16 JOHNSON
17 MCCAMMACK
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day of September
, 2007, by the
Navs Abstain
Absent
x
x
The foregoing resolution is hereby approved this
day of September ,2007.
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Ylm~I~~{;gp4J
~t:>~
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~
Pat ick J. Morn, ayor
. of San Bernardino
24 Approved as to form:
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26 Ja~at: c~ne%
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VENDORSER~CEAGREEMENT
This Vendor Service Agreement is entered into this 17th day of September
2007, by and between Peter John Container Repair ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for commercial bin repair; and
WHEREAS, the City of San Bernardino did solicit and receive proposals and bids from
a number of vendors for commercial bin repairs.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SER~CES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services for commercial bin repairs.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $75.00 per 3-yar bin and $60.00 hourly rates up to the total
amount of $90,000.00 for commercial bin repairs.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this Agreement shall be from September 17,2007 through June 30, 2008
plus two (2) single year renewals at the City's option.
EXHIBIT "A"
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This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnifY and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnifY and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage arising from the performance of their respective obligations
under the Agreement, the CITY and/or VENDOR shall indemnifY the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 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. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
EXHIBIT "A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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EXHIBIT "A"
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9.
NOTICES.
Any notices 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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Peter John Container
P.O. Box 7263
Mission Hills, CA 91346
Telephone: (818) 399-4293
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in connection with that litigation shall be considered as "attorneys' fees" for the purposes
of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
EXHIBIT "A"
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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EXHIBIT "A"
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c
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
EXHIBIT "A"
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2007-404
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of September
2007, by and between Peter John Container Repair ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for commercial bin repair; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for commercial bin repairs.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services for commercial bin repairs.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $90,000.00 for commercial bin repairs.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this Agreement shall be from September 17, 2007 through June 30, 2008
plus two (2) single year renewals at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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2007-404
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 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. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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2007-404
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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I.
2007-404
9.
NOTICES.
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Any notices 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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Peter John Container
P.O. Box 7263
Mission Hills, CA 91346
Telephone: (818) 399-4293
ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. 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 "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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2007-404
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws ofthe State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2007-404
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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and date set forth below.
Dated: /0-5 , 2007
Dated ~~, 2007
Approved as to Form:
By: ~~L&uL qt" ~"GJ
James F. Penman, City Attorney
By:
~B?7- P''''';
Its: DWI'rIrlZ--
ERNARDINO
By:
Fred