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Home My WebLink About2007-433 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. 2007-433 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND THE FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE A PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $50,000, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3, FOR TREE MAINTENANCE SERVICE IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to issue a Vendor Service Agreement with Donegan Tree Services in the amount of $50,000 for tree maintenance service in various landscape maintenance districts. A copy of Vendor Service Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. The Director of Finance or her designee is hereby authorized and directed to issue a purchase order to said vendor in the amount of $50,000. SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.8.3 of said Code "Purchases approved by the Mayor and Common Council." SECTION 3. Said Agreement shall be in effect through June 30, 2008, unless earlier terminated as provided in the Agreement. SECTION 4. Authorization to execute the above-referenced Vendor Service Agreement is rescinded if not executed by both parties within sixty days of the passage of this Resolution. III III III III III III III . 14 DERRY 15 16 17 18 1 2 3 4 5 6 7 8 9 10 I 11 12 13 19 201 21 ' 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND THE FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE A PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF 550,000, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3, FOR TREE MAINTENANCE SERVICE IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Conunon Council of the City of San Bernardino at a regu1armeeting thereof, held on the 5th day of November ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA ----X- BAXTER x BRINKER x x KELLEY x JOHNSON x McCAMMACK ---1L- ~ flcMJ, (!lCtItkJ b Ucvntt;(JLfZf;;!) ~-t., The foregoing resolution is hereb~pproved this ]?I day of November ~t607, ~J.M:~or City of San Bernardino Approved as to Form: . - 2007-433 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this Sthdayof November 2007, by and between Donegan Tree Service ("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 acquire tree maintenance services for assessment districts located throughout the City; and WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of vendors for tree maintenance; and WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide such tree maintenance. 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 tree maintenance services for landscape maintenance districts. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice covering one month, in arrears, shall pay the VENDOR for services rendered; total Agreement amount not-to-exceed $50,000. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for the period of November 6, 2007 through June 30,2007. S:\Council Actions\Council Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT-DoneganTreeSvc.doc: October 16, 2007;KF:ldl 2007-433 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 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 \\castor\pr\Couneil Actions\Couneil Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT- DoneganTreeSve.doe; October 30. 2007;KF:ldl 2007-433 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 condition, 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. l\castorlpr\Couneil ActionslCouneil Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT- DoneganTreeSve.doc; October 16. 2007;KF:ldl 2007-433 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: Director of Parks, Recreation and Community Services 547 No. Sierra Way San Bernardino, CA 92410 Telephone: (909) 384-5233 TO THE VENDOR: Donegan Tree Service 2235 West Darby Street San Bernardino, CA 92407 Telephone: (909) 889-4304 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 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 assigmnent, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this l\castorlprlCouneil ActionslCouneil Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT- DoneganTreeSve.doc: October 16, 2007;KF:ldl 2007-433 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. 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. l\castor\pr\Couneil ActionslCouneil Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT- DoneganTreeSve.doe; October 30. 2007;KF:ldl 2007-433 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DONEGAN TREE SERVICE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: /I 1/ to ,2007 VENDOR. By: ~4 t~~ Its: rrwoJU- Dated / ~ / ,2007 By: Approved as to Form: JAMES F. PENMAN, City Attorney \\castorlpr\Council Actions\Couneil Actions Oct-Dee 2007\VENDOR SERVICE AGREEMENT- DoneganTreeSve.doc; October 16, 2007;KF:ldl