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HomeMy WebLinkAbout2008-128 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. 2008-128 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK AND COLONY PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City Amendment No.1 to the Vendor Service Agreement between the City of San Bernardino and Creative Contractors, a copy of which is attached hereto, marked as "Exhibit A", and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This purchase is exempt from the formal purchasing procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.B3 of said Code "Purchases approved by the Mayor and Common Council." SECTION 3. That the Director of Finance is authorized to increase Purchase Order No. 301929 in the amount of $19,690. The Purchase Order shall reference this Resolution No. 2008- 128 and shall read, "Creative Contractors for concrete work to be performed in conjunction with the installation of picnic shelters at Tom Minor Park and Colony Park. Increase to Purchase Order in the amount of $19,690; total Purchase Order not-to-exceed $79,182," and shall incorporate the terms and conditions of Amendment No.1 to the Vendor Services Agreement. 2008-128 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK AND COLONY PARK. SECTION 4. The authorization to execute the above referenced Amendment No. 1 to the Vendor Services Agreement is rescinded if it is not executed within sixty days of the passage of this Resolution. III III III III III III III III III III 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 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK AND 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 21st joint regular day of meeting thereof, held on the April , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x - BAXTER --X- BRINKER x - DERRY -----X- KELLEY x - JOHNSON x MCCAMMACK x - fl /P # J .b~ ,u~~ ~,j~_ /J C_~-{_~A/~__ ---- Rachel G, Clark, City Clerk The foregoing resolution IS hereby approved this ~Grz day of April , 2008. Approved as to form: James F. Penman, City Attorney By: 1O~/(}Jbt;v 2008-128 <!3,t/-l181, A AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS This Agreement is entered into on this 21st day of April ,2008 by and between Creative Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On January 7, 2008, Creative Contractors and the City of San Bernardino entered into a Vendor Service Agreement for the purchase and installation of Picnic Shelters at Tom Minor Park and Colony Park for the amount of $59,492, a copy of which is attached hereto as "Attachment 1" and incorporated by this reference. B. The CITY and the VENDOR now desire to alter the Agreement to increase the amount of the Agreement by $19,690 for concrete work to be performed in conjunction with the purchase and installation of picnic shelters at Tom Minor and Colony Park, for a total not-to-exceed cost of $79, 182. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: 1. The total Agreement price shall be increased by $19,690, to a not-to-exceed amount of $79,182. 2. The other provisions of the Vendor Service Agreement are reaffirmed as originally stated. III III 2008-128 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. CREATIVE CONTRACTORS CITY OF SAN B DEVELOPME Approved By: ( ~~~ePted ~ ~ Title: ~~ . l O' Date: /f10,f Date: Approved by Mayor and Common Council Date: A/il 21, 2008 Item No. '9 Approved as to form: James F. Penman, :~~A:;O~~~ 2008-9 fl77?lctf If 6v ~1 2008-128 VENDOR SERVICE AGREEMENT 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 SERVICES. 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 (1) at Colony Park S:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18. 2007;KF:ldl 2008-9 2008-128 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 Shelters for Tom Minor Park Colony Park. doc; December 18, 2007;KF:ldl 2008-9 2008-128 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:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18. 2007;KF:ldl 2008-9 2008-128 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:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl 2008-9 2008-128 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:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18, 2007;KF:ldl 2008-9 2008-128 Vendor Service Agreement between the City of San Bernardino and Creative Contractors Dated:JQl.~ 2008 VENDOR: Creative Contractors By:{~ -:t ~ Its: b1Cbi ddl e~, Otl1}?V r By: Dated C.')t~. 10 , 2008 i/ Fred Wilson, City Manager Approved as to Form: James F. Penman, City Attorney By: S:\Council Actions\Council Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park Colony Park.doc; December 18. 2007;KF:JdJ 2UUH-9 2008-128 Attach ment 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 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. NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL REQUIREMENTS ACCEPTABLE/ASSPECIFIED 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. SHEL TER SPECIFICATIONS 1. Provide two (2) 20' x 40' picnic shade shelters 2. Steel tubular frames (. I 25 thickness) in ground, powder coated - Color to be decided. 3. Aluminum baked enamel roof, 24" wide HW" panels - Color to be decided 4. 4: I 2 roof pitch 5. Gutter trim 6. Pricing shall include installation and shipment to Ci!y of San Bernardino site.