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Home My WebLink About2009-341 RESOLUTION NO. 2009-341 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 VENDOR SERVICE AGREEMENT WITH EWING IRRIGATION PRODUCTS, INC. AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE ANNUAL 4 PURCHASE ORDER NO. 210324 TO EWING IRRIGATION PRODUCTS, INC. IN THE AMOUNT OF $13,000, FOR A TOTAL OF $37,900. 5 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That, pursuant to Municipal Code ~ 3.04.010(B)(3), the City Manager is hereby authorized to execute a Vendor Service Agreement with Ewing Irrigation Products, Inc., 9 10 11 12 13 14 15 16 17 18 19 20 I II 21 11/ 22 III 23 24 ill 25 26 III 27 III 28 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 increase Purchase Order Number 210324 to Ewing Irrigation Products, Inc. in the amount of $13,000, to a total amount of$37,900; and SECTION 3. 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 retumedto the Office of the City Clerk within thirty (30) days following the effective date of this Resolution. III 1 2009-341 I HEREBY CERTIFY that the foregoing ResolqtiQn was duly adopted by the Mayor and Common Council of the City of San Bernardino atJaof~~ular meeting thereof, held on the ~h day of October , 2009, by the following vote, to \\Tit: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: AYES NAYS ABST AIN ABSENT ESTRADA x BAXTER x x BRINKER SHORETT x - KELLEY x tJOHNSON X X MCCAMMACK Q~ h. ~G '-' Rachel Clark, City Clerk The foregoing resolution is hereby approved this dO"t~ay of October ,2009. Patrick J. Morris, ayor City of San Bernardino 2 2009-341 EXHIBIT A VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this.l2- day of October 2009, by and between Ewing Irrigation Products, 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 purchase irrigation parts to accomplish the maintenance of irrigation systems in the City's parks. 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 irrigation parts as needed for repair of irrigation systems at City park sites. 2. COMPENSATION AND EXPENSES. Upon presentation of invoices, CITY shall compensate Ewing Irrigation Products, Inc. at the rates set forth on its Vendor quote, a copy of which is attached hereto and incorporated herein as Attachment "1," to a maximum of$37,900. 3. 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 7 2009-341 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. 4. 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 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. 5. 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. 8 2009-341 6. 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. 7. 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 //1 //1 //1 //1 //1 //1 //1 //1 9 2009-341 8. 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: Ewing Irrigation Products, Inc. 3441 East Harbour Drive Phoenix, AZ 85034 Telephone: (602) 437-9530 Local supply address: 1560 East Victoria Avenue San Bernardino, CA 92408-2926 Telephone: (909) 796-5898 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 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 10. 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. 10 2009-341 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. 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. 11 2009-341 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EWING IRRIGATION PRODUCTS, INC. 16. 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 /o/k/-. ~:7' 2009 VENDOR: Ewing Irrigation Products, Inc. ) BY:~ &~~ H Its: /2-7 /bV /::w::7E~ Dated / ZJ · ZZ;--2009 Approved as to form: James F. Penman, City Attorney 7. ~ 12 t IiWlnO. "Attachment 1" GENERAL OFFICE: 3441 E. Harbour Drive Phoenix, AZ 86034 (602) 437-9630 · (602) 437 -0446 Fax Irrigltion , Gall /) Industrial EWINC, SAN BERNARDINO #07 'SSG VICTORIA AVE Ltl" BERNARDINO ( CA ~909) 796-5898 92408 * QUO TAT ION * IN REPLY TO YOUR INQUIRY - SUBJECT TO CONDITIONS BELOW - JOB: PRICE LIST J\TTN: JAN WAGES :'Cir.;; 5169 CUSTOMER PHONEi (909) 384-5032 CITY SAN BERNARDINO/PKS REC 201 A NORTH E ST SAN BERNADINO CA 92401 CUSTOMER !AX: 1 (909) 384-5160 ITEM LIST ,t.SCRIPTION NUMBER QUANTITY PRICE PACE I 1 QUOTE DATE: 10/13/2009 PRINT DATE: 10/13/2009 QUOTATION #: 1113410 NET PRICE EXTENDED PRICE - ----------------------------------------------------------------------------- ." ~~~--------------------------------------------------------------------------- _.~, (I - PES RAINBIRD PLASTIC VALVE 35007050 ~ :.; <> PB:B RAINBIRD PLASTIC VALVE 35007030 OOPl IRRITROL ELECTRIC VALVE 34001030 lOOP1.5 IRRITROL ELECTRIC VLV 34001050 1/119 CARSON 12IN CREEN BOX/LID 38001210 10 CARSON lOIN GREEN BOX/LID 38001010 1 SLIP FIX REPAIR NIPPLE 26001530 ;,,1/2 SLIP !'IX REPAIR NIPPLE 26001550 :: PVC TEE SSS 04401020 ~'.rNG TALL FESCUE BLEND 25LB 51008440 eE RAINBIRD PLASTIC NOZZLE 35003520 J.Ge-800PL eSTA eNTRL PLST CBNT 44007030 1-1/2 825Y BV ~EBCO W/BALL VLV 15001450 PG~-04 HUNTER ULTRA 4IN FOFUP 44000705 j::; t,. 04 HUNTER ULTRA 1 INST RTR 44002620 .;).\01. RAINBIRO BODY ASSY 4 INCH 35003440 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 137.00 103.00 101.20 136.40 32.00 20.50 4.78 9.80 6.69 35.50 1.89 379.00 486.50 21.95 50.00 2.79 68.500 51.500 50.600 68.200 24.320 15.560 3.824 7.840 1.505 26.696 .945 169.500 291.900 10.975 25.000 1.269 68.50 51.50 50.60 68.20 24.32 15.58 3.82 7.84 1.51 26.70 .95 169.50 291.90 10.98 25.00 1.27 t IiWlnO. GENERAL OFFICE: 3441 E. Harbour Drive Phoenix, AZ 86034 (602) 437.9630 · (602) 437.0446 Fax Irriualiol ~ loll #) Induslrial it:;:;io''':''''''tr.'J:il.~~ NET PRICES ARE FOR QUANTITIES AND DESCRIPTIONS S~OWN HEREIN ONLY, AND NO IMPLICATION OR WARRANTY IS MADE WITH REGARD TO THEIR CORRECTNESS OR SUBTOTAL AGREEMENT WITH THE SPECIFICATIONS. SHIPMENT SUBJECT TO CREDIT CLEARANCE. NO LIABILITY IS ASSUMED ~OR 8.7500% TAX QUANTITY SHOWN. 636 . 1 7 73.34 TKE ABOVE QUOTATION IS rOR ESTIMATING PURPOSE ONLY. WHEN ORDER IS PLACED IT WILL BE SHIPPED AT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS OTHERWISE NOTED ON THIS QUOTATION. QUOTE TOTAL 911.51 PRICES SHOWN ARE CURRENT AS OF 10/13/2009 AND WILL BR GOOD UNTIL 11/12/2009. BY FELIPE CAMBRON EWING IRRIGATION PRODUCTS & INDUSTRIAL PLASTICS