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HomeMy WebLinkAbout2008-009 1 RESOLUTION NO. 2008-9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE 3 AGREEMENT AND A PURCHASE ORDER IN THE AMOUNT OF $59,492.00 TO CREATIVE CONTRACTORS FOR PURCHASE AND INSTALLATION OF TWO PICNIC SHELTERS: ONE AT TOM MINOR PARK, AND ONE AT COLONY PARK. 2 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Creative Contractors is the lowest and best responsible bidder for the purchase and installation of two picnic shelters. Pursuant to this determination, the City Manager is hereby authorized to execute a Vendor Service Agreement, a copy of which is attached hereto and marked Exhibit "A", and a purchase order to Creative Contractors in the amount of $59,492; all other quotations, therefore, are hereby rejected. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within 120 days following effective date ofthe Resolution. 1/1 III 11/ 1/1 III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE AGREEMENT AND A PURCHASE ORDER IN THE AMOUNT OF $59,492.00 TO CREATIVE CONTRACTORS FOR PURCHASE AND INST ALLA TION OF TWO PICNIC SHELTERS: ONE AT TOM MINOR PARK, AND ONE AT COLONY PARK. 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 7th day of January Council Members: AYES ESTRADA X BAXTER x BRINKER X x DERRY KELLEY X JOHNSON x MCCAMMACK x , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT ~b.~ Rae. el G. Clark, City Clerk 2008. The foregoing resolution is hereby approved this /,tJTH day of January . ~ City of San Bernardino Approved as to form: James F. Penman City Attorney 25 26 By: 27 28 l((}()~;J ~ 2008-9 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 7th day of January 2008, by and between Creative Contractors ("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 the purchase and installation of two (2) picnic shelters and related items; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors of such for the purchase and installation of picnic shelters and related items and services; 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 purchase and installation of picnic shelters and related items and services. 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 as set forth in Attachment "A", Technical Specifications RFP F- 08-08 Picnic Shelters for Tom Minor Park and Colony Park, attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $ 59,492.00 for purchase and installation of two (2) picnic shelters: one(l) at Tom Minor Park and one (I) at Colony Park S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl 2008-9 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. 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 S:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic SheKers for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl 2008-9 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. 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 129040 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. S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18. 2007;KF:ldl 2008-9 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 201-A North "E" Street Suite #103 San Bernardino, CA 92401 Telephone: (909) 384-5233 TO THE VENDOR: Creative Contractors P.O.Box 80784 Rancho Santa Margarita, CA. 92688 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 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 S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl 2008-9 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 the 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic SheRers for Tom Minor Park Colony Park.doc; December 18. 2007;KF:ldl . . . . , 2008-9 Vendor Service Agreement between the City of San Bernardino and Creative Contractors Dated:~2008 VENDOR: Creative Contractors BY:~ 1... ~_ Its: En c& ddle-o~er , Dated 9--. 10 ,2008 CIlY 1/IiARDINO By: Fred Wilson, City Manager Approved as to Form: James F. Penman, City Attorney By/,Q~II ~ S:ICouncil ActionslCouncil Action Jan-Mar 2008IVSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl " 2008-9 Attachment A City of San Bernardino Technical Specifications Bid Specification No General Provisions and Specifications for Picnic Shelters at Tom Minor Park and Colony Park ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL REQUIREMENTS ACCEPTABLE / AS SPECIFIED Purchase and installation of two (2) picnic shelters at the following locations. 1. Tom Minor Park - Palm & Irrivington 2. Colony Park - 153 E. Harwick Drive. SHELTER SPECIFICATIONS 1. Provide two (2) 20' x 40' picnic shade shelters 2. Steel tubular frames (.125 thickness) in ground, powder coated - Color to be decided. 3. Aluminum baked enamel roof, 24" wide "w" panels - Color to be decided 4. 4:12 roof pitch 5. Gutter trim 6. Pricing shall include installation and shipment to City of San Bernardino site.