HomeMy WebLinkAbout2010-112
RESOLUTION NO. 2010-112
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RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210404 BY $20,000 TO
SAN BERNARDINO PAINT FOR ADDITIONAL PAINT PRODUCTS AND
MATERIALS.
WHEREAS, the current Purchase Order of $80,000 needs to be increased by
$20,000 for a total Purchase Order amount of $100,000 in order to purchase additional
paint products and materials; and
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
9 OF SAN BERNARDINO AS FOllOWS:
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SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment between the City of San
Bernardino and San Bernardino Paint, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by this reference as fully as though set forth at
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17 designee is hereby authorized to increase Purchase Order Number 210404 from
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SECTION 2. Pursuant to this determination, the Finance Director or her
$80,000 to $100,000 for FY 09-10.
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SECTION 3. The Purchase Order shall reference this Resolution and shall
read, "San Bernardino Paint for additional paint products and materials."
SECTION 4. The authorization to execute the above referenced Amendment is
rescinded if it is not executed by both parties within sixty (60) days of the passage of
this resolution.
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11/
2010-112
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RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210404 BY $20,000 TO
SAN BERNARDINO PAINT FOR ADDITIONAL PAINT PRODUCTS AND
MATERIALS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint reo:ular
17th
May
, 2010, by the
day of
meeting thereof, held on the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
x
MCCAMMACK
,) L
~ /;J. ~
Rachel G. Clark, City Clerk
/fT>'
day of
The foregoing resolution is hereby approved this
May , 2010.
24 Approved as to Form:
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atri k J. Morris, Ma r
City of San Bernardino
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2010-112
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
SAN BERNARDINO PAINT
This Amendment No.1 ("Amendment 1") is entered into this 17th day of
May 2010, by and between San Bernardino Paint ("VENDOR") and the City of
San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On July 6, 2009, per Resolution 2009-204, San Bernardino Paint and the City of
San Bernardino entered into a Vendor Services Agreement ("Agreement") for the
purchase of paint products and materials for a not-to-exceed amount of $80,000, a
copy of which is attached hereto as "Attachment IA" and incorporated by this
reference.
B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreement by $20,000 for a total not-to-exceed purchase price of
$100,000 for paint products and materials.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
I. Section 2 (a) of the Agreement is amended by striking $80,000 and adding
the term $100,000.
2. The other provisions of the written contract are reaffirmed as originally stated.
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2010-112
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
SAN BERNARDINO PAINT
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
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Dated: Jvl1b / ,2010
Dated: ./?7~ d5,201O
ATTEST:
02~h.~
-
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
:~~
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SAN BERNARDIN;~;~/
By: Ufr
CITY OF SAN BERNARDINO
/)/
/1
Attachment "I"
2009-204 2010-112
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VENDOR SERVICE AGREEMENT
Tbis Vendor Service Agreement is entered into this 6th day of July 2009, by and
between San Bemardino Paint ("VENDOR") and tl1e City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in tl1e best interest ofthe 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:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages tl1e 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 Attaclunent "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 tl1e 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 ofthis 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 I, 20]0 through June 30, 2011. Option year two, if exercised, shall be effective July 1,
Exhibit "A2"
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2009-204
2010-112
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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 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 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 waivcs 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
Exhibit "A2"
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2010-112
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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 of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of 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 conditions, 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 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
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,
Exhibit "AZ"
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2009-204
2010-112
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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 Bemardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
San Bernardino Paint
160 E. HigWand Ave.
San Bemardino, 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
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
Exhibit "A2"
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2009-204
2010-112
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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 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 locatcd 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 subj ect 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 ofthe 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 "A2"
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VENDOR SERVICE AGREEMENT
SAN BERNARDINO PAINT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
/i ,f'
Daled:~,2009
::ND~~~/
DatedQ~ r ,2009
{I
Approved as to Form:
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2009-204
ATTACHMENT "Ill"
2010-12
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 Bemardino 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 INVAUDATE BID
ACCEPTABLE I AS
SPECIFIED
CATEGORY I
2010-112
, 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 +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.
2010-;112
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2009-204
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.prov~e paint
products and materials, inclUCling 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 Lynwood, and (d) Mill and Lena.
2010-'112
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2009-204
2010-H2
PR'ICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME/ADDRESS:
RFQ F-09-06
Paint Products and Materials
~ ~/fi/ldJi?{) ,i;~
/6tJ f #J'1h;hac/ frc .
:5# &,L~~/?0 c;:f. 92f'()t/
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NAME OF AUTHORIZED
REPRESENTATIVE
PRINT NAME /J;I f'CIC- fr/ ~ .
TElEPHONE NO ?.? :1l5&'Z- St;il?O /~.J / ?tJ? p~ 7'-fZ'7t:J
FAXNO.9tJ9 ff8'6 -776 "7
ITEM
UNIT
FIRM FIXED
PRICE
I.
Paint - Pick Up Only:
a. Standard Colors
b. Color Match
5 gal
5 gal
$ 3~,90
$ G/(.,,9IJ
II. Paint - Delivt~ to Job Site:
a. Standard Colors
5 gal
$ .3'&',1'0
2009-204
2010-H2
b. Color Match
5 gal
$ 4~, 9lJ
III. Supplies - Pick Up Only: ~ 9lJ
a. Rollers - 9" each $
b. Paint Brushes - 4" 16" each $ /; 9/J1 ""/\1);
c~~n Poles -6'_/8' , each $ 2,72J 't''''/tr
d. Drop Cloths 'IX/Z/ each $ //J, '3:;'
e. Spray Tips (for airtess sprayers) each $ /f. 9.s
IV. Supplies - Delivered to Job Site: /,90
a. Rollers - 9" each $
b. Paint Brushes - 4" 16" each $ /.901
~jon Poles - 6'/8' each $ 2,721
d. Drop Cloths each $ /1J,85
e. Spray Tips (for airless sprayers) each $ /9. 9S
V. TOTAL FIRM FIXED PRICE: $ 2- '12, 2lJ
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,
Ootion vear one if exercised, shall be effective July 1, 2010 through June 30,
2011.
Ootion year two if exercised, shall be effective July 1, 2011 through June 30,
2012.
Ootion vear three if exercised, shall be effective July 1, 2012 through June 30,
2013.
2009-204
2010-l:l2
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? Y 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.
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Have you i
requested
explain:
in your bid all informational items and forms as
1 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
2010-112
-,'
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~~ :ITLE:
dd#j7I"'L1/,tlrla-.
DATE SIGNED: ~~f
COMPANY~~:~110~i?1 /tt'/ JijJj,~-t~l;
PHONE; 9bl9 <f1'f!'2- sz;r60 FAX: t?t7? ~t-77b1
EMAIL: 6hf/11Y'J/-1} ;ahoo. a:;tr7
IF SUBMlrnNG A "NO BID", PLEASE STATE REASON(S) BELOW: