HomeMy WebLinkAbout08.G- Public Works
8.G
RESOLUTION (ID # 1792)
DOC ID: 1792 F
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Eisenbeisz
MICC Meeting Date: OS/21/2012
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works
Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Increase to Annual Purchase Order No. 2012-803 in the Amount
of $7,000 to Lorna Linda Plumbing, Inc. for Plumbing Repairs As-Needed.
Financial Impact:
Account No. 001-400-0037-5507
Account Description: Facilities Services
Balance as of 4/24/12: $59,002.28
Balance after approval of this item: $52,002.28
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion:
Adopt Resolution.
SVDODSis of Previous Council Action:
None.
Back2round:
The Public Warks Division, Operations & Maintenance Division, is responsible for maintaining
City owned buildings. This includes plumbing repairs. The City's plumber position was
eliminated three years ago as a result of budget reductions. Building maintenance staff does
minor plumbing repairs but the more complex repairs need to be done by a plumbing contractor.
The City has been using two local contractors for this work: Lorna Linda Plumbing, Inc. &
Davidson Heating and Air Conditioning.
An annual purchase order in the amount of $24,900 was previously issued to Lorna Linda
Plumbing, Inc.; however, there have been a large number of plumbing repairs, including the most
recent repair of the sewer and water main at Fire Station 221 requiring an increase in the
Updated: 5/10/2012 by Linda Sutherland F
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purchase order amount. Staff is requesting an increase of $7,000 for a total purchase order
amount of $31 ,900 to cover plumbing repairs for the remainder of this fiscal year.
City Attorney Review:
SUDDortin!! Documents:
Resolution (PDF)
agrmt 1792 (PDF)
Updated: 5110/2012 by Linda Sutherland F
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND INCREASE TO ANNUAL PURCHASE ORDER NUMBER 2012-803 IN THE
AMOUNT OF $7,000 TO LOMA LINDA PLUMBING INC. FOR PLUMBING
REPAIRS AS-NEEDED.
WHEREAS, the current Purchase Order No. 2012-803 in the amount of$24,900 to
Loma Linda Plumbing needs to be increased by $7,000 for a total purchase order amount of
$31,900.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. 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 Lama Linda Plumbing lnc., a copy of which is attached hereto, marked as
Exhibit "A", and incorporated herein by this reference as fully as though set forth at
length.
SECTION 2. That pursuant to this determination, the Director of Finance or his
designee is hereby authorized to increase Purchase Order No. 2012-803 to Lama Linda
Plumbing lnc. by $7,000 for an amount not to exceed $31,900.
SECTION 3. The Purchase Order shall reference this Resolution and shall read,
"Lorna Linda Plumbing, Inc. for Plumbing Repairs As-Needed. The Purchase Order shall not
exceed $31,900" and shall incorporate the terms and conditions of the Agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND INCREASE TO ANNUAL PURCHASE ORDER NUMBER 2012-803 IN THE
AMOUNT OF $7,000 TO LOMA LINDA PLUMBING INC. FOR PLUMBING
3 REPAIRS AS-NEEDED.
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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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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND INCREASE TO ANNUAL PURCHASE ORDER NUMBER 2012-803 IN THE
AMOUNT OF $7,000 TO LOMA LINDA PLUMBING INC. FOR PLUMBING
REPAIRS AS-NEEDED.
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
, 2012, by the following vote, to wit:
Conncil Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
JENKINS
VALDIVIA
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Georgeann Halma, City Clerk
The foregoing resolution is hereby approved this
,2012.
day of
Approved as to Form:
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _th day of May 2012, by and
between Lorna Linda Plumbing, 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 repair plumbing in City owned
buildings; and
1.
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
repair plumbing in CITY owned buildings and properties.
3.
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 not to exceed $31,900 for
plumbing repairs on City owned buildings and properties.
b. No other expenditures made hy VENDOR shall he reimbursed by CITY.
TERM; TERMINATION.
The term of this Agreement shall be from May 7, 2012, through June 30, 2012.
This Agreement may be terminated at any time by thirty (30) days written notice by either
party.
:rhe terms of this Agreement shall remain in force unless amended by written
Exhibit "A"
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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 fotegoing, 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 "AU
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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 oftheir 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.
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:
Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Lorna Linda Plnmbing, Inc.
24797 Redlands Blvd.
Lorna Linda, CA 92354
Telephone: (909) 796-0181
Contact: Mark Peterson
10. ATTORNEYS' FE ES.
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 hy 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.
11. 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
sball constitute a breach of this Agreement and cause for the termination of this Agreement.
Exhibit "A"
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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.
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
Bemardino, State of California or the U.S. District Court for the Central District of Cali fomi a,
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 govemed 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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VENDOR SERVICE AGREEMENT
BETWEEN LOMA LINDA PLUMBING, INC AND THE CITY OF SAN
BERNARDINO
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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2012
Loma Linda Plumbing, Inc.
By:
lts:
Dated
,2012
CITY OF SAN BERNARDINO
By:
Andrea Travis-Miller, Acting City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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Exhibit "A"
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