HomeMy WebLinkAbout2009-204
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RESOLUTION NO. 2009-204
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
THE ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$80,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
SAN BERNARDINO PAINT FOR PAINT PRODUCTS AND MATERIALS.
WHEREAS, San Bernardino Paint submitted one of the lowest quotes for paint
products and materials per RFQ F-09-05.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and San Bernardino Paint, a copy of which is attached hereto, marked as
Exhibit "A2", and incorporated herein by this reference as fully as though set forth at
length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue an Annual Purchase Order to San Bernardino
Paint for a total amount not to exceed $80,000,
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SECTION 3. The Annual Purchase Order shall reference this Resolution
20 Number and shall read, "San Bernardino Paint for paint products and materials,
21 Agreement not to exceed $80,000" and shall incorporate the terms and conditions of
22 the agreement
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SECTION 4. The authorization to execute the above referenced Annual
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Purchase Order and Agreement is rescinded if it is not executed by both parties within
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sixty (50) days of the passage of this resolution,
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2009-204
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
THE ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$80,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
SAN BERNARDINO PAINT FOR PAINT PRODUCTS AND MATERIALS.
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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
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
x
SHORETT
KELLEY x
JOHNSON x
x
MCCAMMACK
meeting thereof, held on the 6th
following vote, to wit:
The foregoing resolution
July , 2009.
Approved as to Form:
By:
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es F. Penman
, y Attorney
day of July
, 2009. by the
C4..~ ).J.~
Rachel G. Clark. City Clerk
11ft.-
is hereby approved this day of
c~~
atri k J. Morris, or
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2009-204
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of July 2009, by and
between San Bernardino Paint ("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 products and materials; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for paint products and materials per RFQ F-09-06; and,
WHEREAS, Vendor is the one of the lowest bidders to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
I. 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 RFQ F-09-06, a copy of which
is attached hereto as Attachment "1 B" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $80,000, for paint products and materials as
set forth in RFQ F-09-06,
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from July 6,2009 through June 30, 2010, with three
(3) one-year extensions at the City's option, Option year one, if exercised, shall be effective
July 1. 2010 through June 30, 2011. Option year twO, if exercised, shall be effective July I,
Exhibit HA2"
2009-204
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2011 through June 30, 2012, Option year three, if exercised, shall be effective July 1,2012
through June 30, 2013,
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
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 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 service under this Agreement, unless the bodily injury or property damage was
actually 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.
5. INSURANCE.
While not restricting or limiting (he foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
Exhibit "A2"
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liability insurance, in (he 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
tennination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or tennination of policy.
6. NON-DISCRIMINATION.
In the perfonnance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor penn it 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.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perfonn work tasks provided by this Agre'ement, 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
perfonned 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, pernlits,
Exhibit "A2"
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384.5140
TO THE VENDOR:
San Bernardino Paint
160 E. Highland Ave.
San Bernardino, CA 92404
Telephone: (909) 882-5080
Contact: Oliver M. Peter
9. 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
20 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
and shall constitute a breach of this Agreement and cause for the termination of this
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Exhibit "A2"
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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 ofthis Agreement.
11. 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.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
15. 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.
Exhibit "A2"
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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
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Exhibit "AT
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2009-204
VENDOR SERVICE AGREEMENT
SAN BERNARDINO PAINT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
VENDOR. ,/~
BY:~ '
.
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9 Dated..?j~ 9 , 2009
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By:
Charles E. McNeely,
Approved as to Form:
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,
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2009-204
ATTACHMENT "Ill"
SECTION II.
TECHNICAL SPECIFICATIONS
City of San Bernardino
Technical Specifications
RFQ F-09-06
PAINT PRODUCTS AND MATERIALS
2009-204
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division is responsible for graffiti
removal in the City. The intent of this document is to solicit proposals
from qualified vendors with experience in providing paint products and
materials. The City is looking for the most responsive and responSible
vendor that will be committed to provide the City of San Bernardino with
paint products and materials at a per unit cost. Through a competitive
qualification and bid based procurement process, the City of San
Bernardino intends to enter into an agreement with a qualified vendor for
paint products and materials. _
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 in left-hand
column.
Whenever the tenns "Standard Specifications" is used, it shall
mean the "Standard Specifications for Public Works Construction,
latest edition." In case of conflict between these specifications and
Standard Specifications, these specifications shall take precedence
over and be used in lieu of the Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I
ACCEPTABLE/AS
SPECIFIED
. I
2009-204
1. PAINT MATERIALS
The City of San Bernardino Public Services
Department, Street Division will purchase paint
products and materials throughout the year for its
graffiti removal program. The paint will only be
used for covering up graffiti.
The paint products and materials will be priced for
both pick up and delivery.
Paint will be supplied in all "Standard" 4 Paint
colors, (White, Beige, Chocolate Brown and Gray.)
City crews will primarily use white paint. Paint must
be water-based latex. Exterior flat wall paint is
recommended for the use on concrete, masonry,
concrete stucco, aggregate block, sheet rock,
plaster, primed wood, and primed metal. The City
will supply the 4-color match paint. .
The VENDOR must be able to supply the following
paint products and materials:
.,
. Rollers 9 "
. Paint brushes 4", 6"
. Extension Poles 6', 8'
. Drop cloth
. Spray Tips for Airless sprayers
2. PRICING PER UNIT COST
Provide a pricing proposal that is a fixed cost
per 5-gallon pail of paint. All other materials
must be priced as well.
3. REFERENCE LIST
Provide three (3) local government agencies
and/or company's previous or current contact
references that support your ability to provide
paint products and materials.
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2009-204
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4. CONTRACT LENGTH
The length of this contract shall be for one (1) year
with three (3) one-year extensions at the City's
option.
5. LICENSES
The vendor represents that it has all licenses,
permits, qualifications and approvals of whatever
nature that are legally required to provide paint
products and materials, inducing a citY business
License, and that such licenses and approvals shall
be maintained throu hout the term of this Contract.
6. LOCATIONS
To facilitate pick-up and delivery of paint and
materials, Vendor's facility shall be located within a
five (5) mile radius of the center of each of the four
graffiti district intersections: (a) Baseline and Mt
Vernon, (b) Little Mountain and Kendall, (c) Del
Rosa and Lynwoocl, and (d) Mill and Lena.
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2009-204
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME/ADDRESS:
RFQ F-09-06
Paint Products and Materials
5;?/V b/fm/iJO fi:d
/6;) f ;l;fhJJacI ;Ire .
54v &/~~i?0 c...4 92711J~
,
NAME OF AUTHORIZED
REPRESENTATIVE
PRINT NAME tJ) j/CIL )'tI1f/q-e .
TELEPHONE NO 1t?;1 ~f!Z - :52Jgo /&/ / ftJ:l :16 f?- ff.?".?t::J
FAX NO. 9tJ9 &'<Z 6 - 77~ 7
ITEM
UNIT
FIRM FIXED
PRICE
I.
Paint - Pick Up Only:
a. Standard Colors
b. Color Match
5 gal
5 gal
$ 30,90
$ 'l'b,9o
II. Paint - Deliv~r,ed to Job Site:
a. Standard Colors
5 gal
$ 3t.,fo
2009-204
b. Color Match
5 gal
$ //&-,9tJ
111. Supplies - Pick Up Only: /, 91)
a. Rollers - g" each $
b. Paint Brushes - 4" 16" each $ /, 901 ,,";V)
c~~n Poles - 6'_/8' each $ 2. 72-1 '6 ' rJ /it
d. Drop Cloths 1X/Z/ each $ /IJ, '35"
e. Spray Tips (for airless sprayers) each $ /f. 9.s
IV. Supplies - Delivered to Job Site: /,90
a. Rollers - g" each $
b. Paint Brushes - 4" 16" each $ I. '10,
c~dsion Poles - 6' 1 8' each $ 2.721
d. Drop Cloths each $ /t/,SS
e. Spray Tips (for airless sprayers) each $ /9, 9s
V. TOTAL FIRM FIXED PRICE: $ 2 '12, 2tJ
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2009 through June 30, 2010 plus three (3) single-
year renewal options, for City's requirements,
Option vear one if exercised, shall be effective July 1, 2010 through June 30,
2011.
Option vear two if exercised, shall be effective July 1, 2011 through June 30,
2012.
Option vear three if exercised, shall be effective July 1, 2012 through June 30,
2013.
2009-204
Actual option year pricing shall be negotiated with the successful Bidder(s) prior
to exercising of any given option year. Option years shall become effective only
upon issuance by the City of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by
your firm in order to meet t irements of the Technical
Specifications? Yes I No . (circle one). If you answered "Yes".
please provide detail of sal ditional costs:
Please indicate any elements of the Technical Specifications that cannot
be met by your firm.
M I'~ jJ7~~j '41/ / '~chNJCfr/ YCC:lrf~fl/S
in your bid all informational items and forms as
I No (circle one). If you answered "No". please
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % 21m days; unless otherwise stated. payment
terms are: Net thirty (30) ~
In signing this bid. Bidder warrants that all certifications and documents
requested herein are attached and properly completed and signed.
From time to time. the City may issue one or more addenda to this RFQ.
2009-204
I. fo
Below, please indicate all Addenda to this RFQ received by your finn, and
the date said Addenda waslwere received.
Verification of Addenda Received
Addenda No:
Addenda No: '
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZEDSI~~~
PR~~;~E~N~~ TITLE:
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DATE SIGNED: ~~9'
COMPANYN~~J;~/10J1;17,J Jt~~ ~t);b~t~(;
PHONE: 9bJ9 '75152- 5Z$O FAX: 4t77 ~t-77b1
EMAIL: 6bf/J.i{)/-{} yahoo, a;;fYJ
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: