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HomeMy WebLinkAbout28-Parks and Recreation Dept: Parks, Recreation & Community Services Dept. CITY OF SAN BERNARDINO - REQUEST FOR COUN~l From: Kevin Hawkins, Director Subject: RESOLUTION AUTHORIZING EXECUTION OF A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $30,000 FOR TREE MAINTENANCE SERVICES IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. Date: June 9, 2009 MICC Meeting Date: July 6, 2009 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. Signature Contact person: Jim Gondos Phone: 384-5032 Supporting data attached: Staff Report, Reso, VSA Ward: All FUNDING REQUIREMENTS: Amount: $30.000 Source: (Acct. No.) Various LMD Accounts (Acct. DescriptionlVarious LMD Accts Council Notes: Finance: /:J ., 0 _ ~'/l K es z) c:Y.DO , ~ '--'L/ Agenda Item No. :2~ ,-tt-oCf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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 Finance Director, or her designee, to issue an annual purchase order to Donegan Tree Service in the amount of $30,000 for tree maintenance services in various landscape maintenance districts. Back2round: The Parks, Recreation and Community Services Department provides landscape maintenance in the City's landscape maintenance districts. Many of those assessment district sites have trees, which require trimming and, occasionally, removal. In May 2009, staff requested quotes from three local vendors for the following tree trimming services at Arrowhead Credit Union Park: two (2) Washingtonia Filifera Palms; two (2) Washingtonia Robusta Palms; and four (4) Phoenix Canariensis Palms. The following quotes were received: Vendor Location Quote for representative Tree Maintenance Services $190 $340 $690 Donegan Tree Service Green Tree Service Mowbray's Tree Service San Bernardino San Bernardino San Bernardino Donegan Tree Service has provided tree maintenance service in the landscape maintenance districts in the past, and routinely provides satisfactory service to the department. Subsequent to submittal of the quotes, the Vendor was asked to participate in the City's request for a five-percent reduction in fees through the upcoming fiscal year; the Vendor has agreed to do so. Staff recommends that the attached resolution authorizing execution of the Vendor Service Agreement and issuance of a purchase order for tree maintenance be adopted. Financial Impact: Funding in the amount of $30,000 is available in various landscape maintenance district accounts for this work to be performed in FY 09/1 0; the cost of services will be charged back to the appropriate landscape maintenance district through the work order number. Recommendation: Adopt Resolution. 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. CC~LP\f 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 FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE AN ANNUAL PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $30,000 FOR TREE MAINTENANCE SERVICES IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. 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 Donegan Tree Services in the amount of $30,000 for tree maintenance services in various landscape maintenance districts. A copy of Vendor Service Agreement 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 or her designee is hereby authorized to issue an annual purchase order to said vendor in the amount of $30,000 for Fiscal Year 2009/20 I 0; and SECTION 4. That the authorization to execute the above-referenced Vendor Service Agreement is rescinded if not executed by both parties within thirty days of the passage of this Resolution. III III III III III III III III III 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND THE FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE AN ANNUAL PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $30,000 FOR TREE MAINTENANCE SERVICES IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of ,2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER SHORETT KELLEY JOHNSON McCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2009. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into by and between Donegan Tree Service ("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 provide tree maintenance in the Landscape Maintenance Districts; and WHEREAS, VENDOR has satisfactorily provided tree maintenance services at CITY Landscape Maintenance District 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, San Bernardino hereby engages the services of VENDOR to provide tree removal and trimming in its landscape maintenance districts as follows: After CITY's Landscape Maintenance District (LMD) staff meet on site to determine which trees are to be trimmed or removed, they will provide VENDOR with a work order specifYing services to be performed in specific Landscape Maintenance Districts. VENDOR will provide LMD staff with estimates to perform said work, and may proceed with the work only after LMD staff approves the cost and issues a work order. Following project completion, LMD staff will inspect the work; if satisfied with the work performed, the work order will be signed off by staff, and an invoice may be submitted for payment. No work shall be performed by VENDOR absent LMD staffs approval of the scope of work and the cost thereof. I 2. COMPENSATION AND EXPENSES. a. The cost of maintenance for each tree shall be determined based upon time and difficulty, but in no event shall the cost for maintenance of a palm tree exceed $25.00. VENDOR shall submit invoices monthly in arrears. b. The total amount for services rendered under this Agreement shall not exceed $30,000. c. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this Vendor Service Agreement shall be from July 1,2009 though 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. The costs, salary and expenses of the City Attorney and members of his office shall be considered as "attorneys' fees" for the purposes of this paragraph. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, 2 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 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 3 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 are legally required of VENDOR to practice its business or profession. 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 9240 I Telephone: (909)384-5233 TO THE VENDOR: Donegan Tree Service 2235 West Darby Street San Bernardino, CA 92407 Telephone: (909) 887-3460 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. 4 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law asSIgn, transfer, sublet or encwnber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encwnbrance 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. 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 of the 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. 5 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. 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 ,2009 Dated ,2009 CITY OF SAN BERNARDINO DONEGAN TREE SERVICE By: By: Charles E. McNeely City Manager Its: Approved as to form: James F. Penman, City Attorney 6