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Home My WebLink About2009-276 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. 2009-276 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 AN ANNUAL PURCHASE ORDER TO CLIFF'S PEST CONTROL, INC., IN THE AMOUNT OF $50,300 FOR FY 09/10 PURSUANT TO MUNICIPAL CODE SECTION 3.04.010-B3. 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 Cliffs Pest Control, Inc., a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length; and SECTION 2. That the Director of Finance is hereby authorized to issue an Annual Purchase Order to Cliffs Pest Control, Inc. in the amount of$50,300; and SECTION 3. That this purchase is exempt from the formal contract procedures of Section 3.04.0]0 of the Municipal Code, pursuant to Section 3.04.010-B3 of said Code "Purchases approved by the Mayor and Common Council", and SECTION 4. That the authorization granted hereunder shall expire and be void and of no further effect if the Vendor Service Agreement is not executed by both parties and returned to the Office of the City Clerk within ninety (90) days following the effective date of this Resolution. III III III III III II 2009-276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 KELLEY 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 AN ANNUAL PURCHASE ORDER TO CLIFF'S PEST CONTROL, INC., IN THE AMOUNT OF $50,300 FOR FY 09/10 PURSUANT TO MUNICIPAL CODE SECTION 3.04.010-B3. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the3rd day of August ,2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: x ESTRADA x BAXTER x BRINKER x SHORETT x 16 17 18 19 20 21 22 23 24 25 26 27 28 x JOHNSON x MCCAMMACK Q~k~ "- Rachel Clark, City Clerk The foregoing resolution is hereby approved this ~~ day of August ,2009. Ap roved as to form: .f~~ es F. Penman, City Attorney 2009-276 Exhibit "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 3rd day of August 2009, by and between Cliff's Pest Control, Inc. ("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 contractor to accomplish rodent and pest control at various park locations and the Pioneer Memorial Cemetery; and WHEREAS, VENDOR has satisfactorily provided rodent and pest control services at CITY parks previously; and WHEREAS, VENDOR has agreed to participate in the City's five percent reduction request. 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 treat gophers and squirrels with Fumatoxin, a minimum of two services per month at each park site, as directed by Park staff, and the Pioneer Memorial Cemetery. 2. COMPENSATION AND EXPENSES. For rodent and pest control services rendered by Cliffs Pest Control, Inc., the CITY, upon presentation of invoices, shall pay to the VENDOR $10.00 per acre for twice monthly service. Annual purchase order amount is $50,300. Monthly invoices shall indicate the 5% reduction in cost for services, as agreed. I 2009-276 3. TERM. The term of this Vendor Service Agreement shall be from July 1,2009 through June 30, 2010. 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. 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 $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 2 2009-276 named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to any change in or termination of 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. 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. /1/ III 3 2009-276 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: Cliff's Pest Control, lnc, 3165 June Street San Bernardino, CA 92407 Telephone: (909) 887-1862 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. 4 2009-276 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 ofthe 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. III III III 5 2009-276 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CLIFF'S PEST CONTROL, INC. 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 matter 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.....GJ..s:r / 3 ,2009 VENDOR: Cliff's Pest Control, Inc. By: /~~~/.I ~ Its: ~,/cr't' ~esY" t:!O.A7,,",-O~ /.t"""A'<:I'$.I.o~ Dated ~.aY'- // , 2009 CITY OF SAN BERNARDINO Approved as to form: James F. Penman, City Attorney By: ~/~1.f~ U 6