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Home My WebLink About2008-389 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. 2008-389 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR, AND AN INCREASE TO PURCHASE ORDER NO. 302251 IN THE AMOUNT OF $34,944 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 OCTOBER 1, 2008 THROUGH NOVEMBER 30, 2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 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 Acting City Manager is hereby authorized to execute Amendment No.1 to 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 October 1, 2008 through November 30, 2008; and SECTION 2. That the Director of Finance is authorized to increase Purchase Order No. 302251 to Golden West Landscape Contractor in the amount of $34,944, for a total anlount not-to-exceed $81,360; 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 8-3 of said Code "Purchases approved by the Mayor and Common Council"; and SECTION 4. That the implementation date is October 1, 2008; therefore, any action taken between October 1, 2008 and the date that this Resolution is adopted is hereby ratified; and 2008-389 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 EXECUTION OF AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR, AND AN INCREASE TO PURCHASE ORDER NO. 302251 IN THE AMOUNT OF $34,944 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 OCTOBER 1, 2008 THROUGH NOVEMBER 30, 2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 1, 2008 AND THE DATE THAT TmS 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. /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ 2008-389 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 EXECUTION OF AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR, AND AN INCREASE TO PURCHASE ORDER NO. 302251 IN THE AMOUNT OF $34,944 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 OCTOBER 1, 2008 THROUGH NOVEMBER 30, 2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND RATIFYING ANY ACTION TAKEN BETWEEN OCTOBER 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 ioiot regular meeting thereof, held on the 6th day of October , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x x MCCAMMACK ~~ j;.~ - Rachel G. Clark, City Clerk 2008. The foregoing resolution is hereby approved this CJt>I day of ~~. City of San Bernardino October Approved as to form: James F. Penman, City Attorney By: 2008-389 EXHIBIT "A" AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH GOLDEN WEST LANDSCAPE CONTRACTOR This Agreement is entered into on this...6..th.... day of October. 2008 by and between Golden West Landscape Contractor ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On July 7, 2008, Golden West Landscape Contractor and the City of San Bernardino entered into a Vendor Service Agreement 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, a copy of which is attached hereto as "Attachment I" and incorporated by this reference. Purchase Order No. 30225 I was issued to Golden West Landscape Contractor in the amount of$46,416 to cover the cost of this service. B. The CITY and the VENDOR now desire to alter the Agreement to increase the amount of the Agreement by $30,944 for an additional two months of landscape and irrigation maintenance service at those locations, with an additional $4,000 for the procurement of additional materials and supplies, at the direction of the Parks Division Manager, at those locations that are outside the scope of the agreement, for a total not-to-exceed cost of$81,360. AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: I. The total Agreement price shall be increased by $34,944, to a not-to-exceed amount of $8 I ,360. 2. The other provisions of the Vendor Service Agreement are reaffinned as originally stated. 2008-389 EXHIBIT "A" AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH CREATIVE CONTRACTORS IN WIlNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. GOWEN WEST LANDSCAPE CONTRACTOR Accepted By: CITY OF SAN BERNARDINO Title: /?..-- ~ / () {.9.J U ~fL I CJ..- .:5 CJ ...-t'cr Approved By: (JJ~ Lori Sassoon Acting City Manager Itll q/or I I Date: Date: Approved by Mayor and Common Council Date: 10- ~ -08 Item No. ~4:> Approved as to form: James F. Penman, City Attorney 2008-389 2008-264 Attachment 1 VENDOR SERVICE AGREEMENT nis Vendor Service Agreement is entered into this7th 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 detennined that it is advantageous and in the best interest of the CITY to acquire the services of a professio11ll1 landscape maintenance contractor to maintain the landscaping arid'. irrigation at Downtown Facilities, " Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians, Arrowhead Credit Union Park and Libnuy Facilities for the period July 1, 2008 duoughSep~ber30,2008,and WHEREAS, Golden West Landscape Contractor bas 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 Libnuy 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 $46,416 for the three month tenn of the Agreement for landscape and irrigation maintenance services at the above referenced City sites. I 2008-389 lUUll-lb4 3. TERM; TERMINATION. The term of this Agreement is from July 1, 2008 through September 30, 2008. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and hannless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actua1 or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$l,Ooo,OOO.OO combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager 2 lUUll-lb4 2008-389 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 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. 3 lUUtl-lb4 2008-389 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: Golden West Landscape Contractor 2160 Kem Street San Bernardino, CA 92407-6211 Telephone: (909)887-6263 Iii. ATIORNEYS' 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. 4 2008-389 LUUt!-Lb4 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 tenns 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 2008-389 :lUUll-:lb4 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- M - .2008 Golden West Landscape Contractor By: It J "'!j2, c.~"'a "A )...MUt1-..cS,. Its: )~ - b-7. _ , . Dated~2008 By: Approved as to Form: James F. Penman, City Attomey 6