HomeMy WebLinkAbout21-Park and Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution authorizing the City Manager
to execute a Vendor Service Agreement to
ICI Paints in San Bernardino, California, .
and the Director of Finance to increase
Purchase Order No. 208189 issued to ICI
Paints from $23,550 to $33,550 for paint
supplies.
Dept: Parks, Recreation & Community
Services Dept.
Date: March 27, 2008
MICC Meeting Date: April 21, 2008
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
Signature
Contact person: Kevin Hawkins
Phone: 384-5233
Supporting data attached:
Ward: All Wards
FUNDING REQUIREMENTS:
Amount: $10.000
Source: (Acct. No.) 001-382-5111
(Acct. Description
Finance:
Council Notes:
Agenda Item NO.~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the City Manager to execute a Vendor Service Agreement to ICI Paints in San Bernardino,
California, and the Director of Finance to increase Purchase Order No. 208189 issued to
ICI Paints from $23,550 to $33,550 for paint supplies to be utilized by the Parks,
Recreation and Community Services Department.
Backl!round:
The Parks, Recreation and Community Services Department utilizes a local vendor, ICI
Paints, to supply the department's paint needs. At the beginning of Fiscal Year 2007/08, a
purchase order was issued to ICI Paints in the amount of $23,550.
The City Parks Division has experienced an increase in vandalism and graffiti in the parks
and at Community Centers throughout the City. Staff has been diligent in their attempts to
eradicate graffiti quickly once its existence has been identified. This has added greatly to
the Department's paint costs. For this reason, staff is requesting authorization to increase
the amount of the Purchase Order to ICI Paints of San Bernardino in the amount of
$10,000, from $23,550 to $33,550.
The Department is very aware of Council's concerns relative to the current state of the
General Fund. Adequate funding for paint, however, is necessary to facilitate the
Department's ongoing efforts to improve the look and feel of the Community.
Financial Imnact
Funding in the amount of $10,000 is available in Account No. 001-382-5111 to cover the
cost of the increase to Purchase Order No. 208189.
Recommendation
Adopt Resolution.
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UIOLlTnON NO.
RESOLlTnON OF no: MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUI'IIOIUDNG THE CITY MANAGER TO
EXECVTE VENDOR SERVICE AGREEMENT TO ICI PAIHI'S IN SAN
BERNARDINO. CAUJORNIA. AND THE DIRECI'OR OF FINANCE TO
INCREASE PURCHASE ORDER NO. _lit ISSIJED TO ICI PAIHI'S FROM
5n.- TO mlM FOR PAINT SUPPLIIS TO BE urlU7.r.n BY THE PARKS,
RECREAnON AND COMMUNITY SERVICES DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 0' THE
CITY 0' SAN BERNARDINO AS FOLLOWS:
SECI10N I. T1IIt die City ~-.... is bcrcby autborized to execute Vendor
Service Ajtccmcat with ICI hints (l#tow;lIcld hereto and marbcl Exhibit "A"); IDd
SECI10N 2. T1IIt die Director of FiDInce is IIItborized to iDcmsc Purcbase
Order No. 201119 to JCI ..... from S23,sSO to S33,sSO;..
SEcnON 3. T1IIt the autborizatioa pIted herein is void and of no effect if the
Vendor Service Agtwlllel't IDd the iDcIWlIK to the Ibove-mentioocd Pwchue Order arc
not exocnted withiD aiDety days of the date tbat this Raolution is adopted.
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22 2001.
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RJ'.SOLtJTION or TIlE MAYOR AND COMMON COUNCIL or TIlE
CITY or SAN BDNARDINO AUTBORIZING TIlE CITY MANAGER TO
EXECUTE VENDOR SERVICE AGRaMENT TO let PAINTS, AND TIlE
DIRECTOR or FINANCE TO INCREASE PtIRCIIASE ORDER NO. _119
ISSUED TO let PAINTS IN SAN BERNARDINO, CALIFORNIA, FROM ~1\,55I
TO UJ". FOR PAINT SUPPUES TO BE tJ11I.l7...n BY TIlE PARKS,
RECREADON AND COMMVNITY SERVICES DEPARTMENT.
I HEREBY CER1lFY that the f~"I RaoIution WIS duly Idopted by the
Mayor IIDd Common Council of the City of SIll BemIrdiao at .
m H"", thereof,
beId oa the _ day of
. 2001, by the folIowiDt wte, to wit:
C.ouncll Memll4ln:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
12 BAXTER
13 BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
R_L I CIIrk, City Clerk
ne forer.. zaolution is bcnby oWov'" dIis
day of
.
Patrick J. Morris, Mayor
City ofSu Bemardino
Approved.. to Form:
.v~~
__ F. City Attorney
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Exhibit "An
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between ICI Paints ("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 purchase paint and supplies; 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 of paint and supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
The CITY hereby engages the services of VENDOR to provide those paint and supplies.
COMPENSATION AND EXPENSES.
2.
For the services delineated above, the CITY, upon presentation of an invoice,
shall pay the VENDOR for purchase of paint and supplies in an amount not to exceed $33,550.
3. TERM; TERMINATION.
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.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement. unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
S. INSURANCE.
While not restricting or limiting the foregoing, 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.
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
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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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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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:
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:
ICI Paints
116 W. Baseline
San Bernardino, CA 92410
Telephone: (909) 888-3211
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 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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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. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
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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.
Dated
,2008
Dated
,2008
Approved as to Form:
James F. Penman, City Attorney
By:
ICI Paints
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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