HomeMy WebLinkAbout2011-269
RESOLUTION NO. 2011-269
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
4 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
5 GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
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WHEREAS, Generator Services Company, Inc., provided an estimate for repair of the
emergency generator at the Police Department headquarters, has installed other emergency
generators for the City, and has provided reliable services;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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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 a Vendor Services Agreement between the City of San
Bernardino and Generator Services Company, Inc., a copy of which is attached hereto,
16 marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth
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at length.
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SECTION 2. That pursuant to this determination, the Director of Finance or her
designee is hereby authorized to issue a purchase order to Generator Services Company, Inc.,
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in the amount of $34,306.63.
SECTION 3. The Purchase Order shall reference this Resolution and shall read,
"Generator Services Company, Inc. for the repairs to the emergency generator at the Police
Department headquarters. The Purchase Order shall not exceed $34,306.63" and shall
incorporate the terms and conditions of the Agreement.
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2011-269
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
3 GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
4 GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
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SECTION 4. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
passage of this resolution.
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2011-269
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
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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
19th day of
September
, 20 11, by the following vote, to wit:
on the
NAYS
ABSTAIN
ABSENT
Council Members: AYES
MARQUEZ x
-
JENKINS x
BRINKER x
SHORETT x
KELLEY ~
JOHNSON x
MCCAMMACK x
i2~JJ.~
Rachel G. Clark, City Clerk
The
September
foregoing
,2011.
resolution
IS hereby
a~:this
Fred Shorett, May Pro Tern
City of San Bernardino
day of
2011-269
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of September 20 II, by
and between Generator Services Company, Inc. ("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 contract for the repair of the emergency generator at the
Police Department headquarters; and
WHEREAS, Generator Services Company, Inc., provided an estimate for the repairs,
Estimate No. 4134 which is dated June 27, 2011, and is currently renting an emergency
generator to the CITY.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in Attachment" I" and incorporated herein by
this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated in Section I, the CITY, upon presentation of an
invoice, shall pay the VENDOR in an amount up to $34,306.63 for repairs to the
emergency generator at the Police Department headquarters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term ofthis Agreement shall be from September 19,2011, through June 30, 2012.
Exhibit "A"
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2011-269
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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 amended by written
agreement of the parties executed on or before the 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 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
Exhibit "A"
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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 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the selection, 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 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 and/or permits, 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 "A"
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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 Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Generator Services Co., Inc.
10255 Philadelphia Court
Rancho Cucamonga, CA 91730
Telephone: (909) 949-1600
Contact: Steve Laidlaw
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. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation oflaw 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.
Exhibit "A"
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2011-269
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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
Exhibit "A"
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This Agreement constitutes the entire agreement and the understanding between the
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6 parties, and supercedes any prior agreements and understandings relating to the subject
7 manner of this Agreement. This Agreement may be modified or amended only by a written
8 instrument executed by all parties to this Agreement.
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2011-269
any other circumstance, and the remaining provisions of this Agreement shall remain in full
force and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
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Exhibit "A"
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10 Dated
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2011-269
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VENDOR SERVICE AGREEMENT
BETWEEN GENERATOR SERVICES COMPANY, INC. AND THE CITY OF SAN
BERNARDINO
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
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date set forth below.
Dated:
,2011
GENERATOR SERVICES COMPANY, INC.
By:
Its:
,2011
CITY OF SAN BERNARDINO
By:
Charles E. McNeely, City Manager
Approved as to Form:
13 James F. Penman, City Attorney
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By:
Exhibit "A"
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Attachment "1"
2011-269
GENERATOR SERVICES CO., INC.
10255 PHILADELPHIA COURT
RANCHO CUCAMONGA, CA 91730
(909) 949-1600/949-1999 FAX
Estimate
DATE ESTIMATE NO.
6IZ712011 4134
NAME 1 ADDRESS
Ship To
Police HQ
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
909-384-52441384-7211 Pax
TERMS REP FOB PROJECT
Net 30 SEL
DESCRIPTION QTY COST TOTAL
TRAVEL AND LABOR HOURS TO - PREP GENERATOR 70 105.00 7,350.00
ENCLOSURE RADIATOR AND AC ALTER1'IATOR TO BE
REMOVED. REMOVE ENCLOSURE AND SET IT ASIDE.
REMOVE RADIATOR AND ALTERNATOR AND SET IT ON
TRUCK. LIFT ENCLOSURE BACK UP AND PUT BACK ON
SKID. RETURN WITH REPAIRED PARTS AND REINSTALL
REPAIRED ROTOR STATOR I 21,840.00 21,840.00
REPAIRED RADIATOR 1 2,340.00 2,340.00
COOLANT, HOSES AND CLAMPS 1 712.50 712.5OT
CRANE FEES 2 600.00 1,200.00
WAD TEST - 4 HOUR I 800.00 800.00
Sales Tax. For Montclair, City of San Bernardino, Visalia. etc. 9.01J<'1o 64.13
L TOTAL $34,306.63
2011-269
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of September 2011, by
and between Generator Services Company, Inc. ("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 contract for the repair of the emergency generator at the
Police Department headquarters and
WHEREAS, Generator Services Company, Inc. provided an estimate for the repairs
and is currently renting an emergency generator to the CITY and,
NOW, THEREFORE, the parties hereto agree as follows:
1. 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 Attachment "1" and
incorporated herein 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 $34,306.63 for repairs to the emergency
generator at the Police Department headquarters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be from September 19,2011 through June 30, 2012.
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2011-269
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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 amended by written
agreement of the parties executed on or before the 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 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
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2011-269
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 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 conditions, marital status,
sexual gender or sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDO R 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 ofIncome Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for VENDOR and its
officers, agents, and employees, and all business license, if any are required, in
connection with the services to be performed hereunder.
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,
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2011-269
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 Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Generator Services Co., Inc.
10255 Philadelphia Court
Rancho Cucamonga, CA 91730
Telephone: (909) 949-1600
Contact: Steve Laidlaw
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. Attorney's fees for the City Attorney and members of his
office shall be calculated based on market rate for comparable services.
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
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2011-269
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 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
convemence 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
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in any other circumstance, and the remaining provisions of this Agreement shall remain in
full force and effect.
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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2011-269
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4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
VENDOR SERVICE AGREEMENT
BETWEEN GENERATOR SERVICES COMPANY, INC. AND THE CITY OF SAN
BERNARDINO
5 date set forth below.
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Dated: c; - 2j) - ,2011
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10 Dated ~ ,- '2\ ,2011
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:~NERATOR:~ANY' INC
Its. ~~ l - "'-.,.vc
CIJr SAN ZIARfNO
, I , I : '"
By' " ~tVJi~, I. I iAU\ ~ Ctvf
Charles E. McNeely, C y Manager
Approved as to Form:
13 James F. Penman, City Attorney
14 // "J'
:,' """" /
...... :.. ir....""" ,/
15 By: ,){L'L.1.-~.<~E7.."<1
t../'V'
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ATTACHMENT 1
2011-269
CJENERATOR SERVICES CO., INC.
10255 PHILADELPHIA COURT
RANCHO CUCAMONGA, CA 91730
(909) 949-1600/949-1999 FAX
Estimate
DATE
ESTIMATE NO.
6/27/2011
4134
NAME f ADDRESS
Ship To
Poliee IIQ
City of San Bemardino
300 North D Street
San Bernardino, CA 92418
909-384-5244/384-7211 Fax
TERMS REP FOB PROJECT
Net 30 SEL
DESCRIPTION QTY COST TOTAL
TRA VEL AND LABOR HOURS TO - PREP GENERATOR 70 105.00 7,350.00
ENCLOSURE RADIATOR AND AC ALTERNATOR TO BE
REMOVED. REMOVE ENCLOSURE AND SET IT ASIDE.
REMOVE RADIATOR AND AI:rERNATOR AND SET IT ON
TRUCK. LIFT ENCl.OSURE BACK UP AND PUT BACK ON
SKID. RETURN WITH REPAIRED PARTS AND REINSTALL.
REPAIRED ROTOR STATOR I 21,840.00 21,840.00
I{EPAIRED RADIATOR I 2,340.00 2,340.00
COOLANT, HOSES AND CLAMPS I 712.50 712.50'1'
CRANE FEES 2 600.00 1,200.00
LOAD TEST - 4 HOUR 1 800.00 800.00
Sales Tax - ror Montclair, City of San Bernardino, Visalia, etc. 9.00% 64.13
L TOTAL $34,306.63