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Home My WebLink About2008-264 - 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. 2008-264 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 DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $46,416 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES FOR DOWNTOWN FACILITIES, PARKING LOTS, NORTH SITE FACILITIES, SOUTH SITE FACILITIES, CENTRAL FACILITIES, CAROUSEL MALL, MEDIANS, ARROWHEAD CREDIT UNION PARK AND LIBRARY FACILITIES FOR THE PERIOD JULY 1, 2008 THROUGH SEPTEMBER 30,2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service Agreement with Golden West Landscape Contractor, attached hereto and marked Exhibit "A", for landscape and irrigation maintenance services for Downtown Facilities, Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians, Arrowhead Credit Union Park and Library Facilities for the period July 1, 2008 through September 30, 2008; and SECTION 2. That the Director of Finance is authorized to issue a purchase order to Golden West Landscape Contractor in the amount of $46,416; and SECTION 3. That this purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 4. That the implementation date is July 1, 2008; therefore, any action taken between July 1, 2008 and the date that this Resolution is adopted is hereby ratified; and III III 2008-264 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 A VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $46,416 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES FOR DOWNTOWN FACILITIES, PARKING LOTS, NORTH SITE FACILITIES, SOUTH SITE FACILITIES, CENTRAL FACILITIES, CAROUSEL MALL, MEDIANS, ARROWHEAD CREDIT UNION PARK AND LIBRARY FACILITIES FOR THE PERIOD JULY 1, 2008 THROUGH SEPTEMBER 30,2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. SECTION 5. That 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 thirty (30) days following effective date of the Resolution. III III /II III III III III /II 1// III III III III III 2008-264 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 A VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $46,416 TO GOLDEN WEST LANDSCAPE CONTRACTOR FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES FOR DOWNTOWN FACILITIES, PARKING LOTS, NORTH SITE FACILITIES, SOUTH SITE FACILITIES, CENTRAL FACILITIES, CAROUSEL MALL, MEDIANS, ARROWHEAD CREDIT UNION PARK AND LIBRARY FACILITIES FOR THE PERIOD JULY 1, 2008 THROUGH SEPTEMBER 30,2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE THAT THIS RESOLUTION IS ADOPTED. 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 Julv , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER --1L- DERRY X KELLEY X JOHNSON --X....- MCCAMMACK X - ~J~.~ Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this 97# day of July 2008. C)<...... k 1. Morris, Mayor of San Bernardino Approved as to form: James F. Penman, City Attorney 2008-264 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 7th day of July 2008, by and between Golden West Landscape Contractor ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the CITY to acquire the services of a professional landscape maintenance contractor to maintain the landscaping and irrigation at Downtown Facilities, Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians, Arrowhead Credit Union Park and Library Facilities for the period July 1, 2008 through September 30, 2008, and WHEREAS, Golden West Landscape Contractor has provided satisfactory landscape and irrigation maintenance services to the City; and NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR to provide maintenance of landscaping and irrigation services at Downtown Facilities, Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians, Arrowhead Credit Union Park and Library Facilities. 2. COMPENSATION AND EXPENSES. For the services delineated above, the CITY, upon presentation of invoices, shall pay the VENDOR the amount of $15,472 per month, not to exceed $46,416 for the three month term of the Agreement for landscape and irrigation maintenance services at the above referenced City sites. 1 EXHIBIT " A" 2008-264 3. TERM; TERMINATION. The term of this Agreement is from July I, 2008 through September 30, 2008. 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 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 2 - 2008-264 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 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 pwposes 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. 3 - 2008-264 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 20 I -A North "E" Street, Suite # I 03 San Bernardino, CA 92401 Telephone: (909)384-5233 TO THE VENDOR: Golden West Landscape Contractor 2160 Kern Street San Bernardino, CA 92407-6211 Telephone: (909) 887-6263 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 pwposes 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. 4 - 2008-264 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 pwposes 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. III III 5 . . . . 2008-264 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 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 7- ;).() - , 2008 Golden West Landscape Contractor By: d;... fLQ.~o "Y td.AJt.\Uv'/...c~ Its: M - L--:7. _ , . Dated~,2008 By: Approved as to Form: James F. Penman, City Attorney 6