HomeMy WebLinkAbout2012-091 1 RESOLUTION NO. 2012-91
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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 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 2012-803 IN THE
AMOUNT OF$7,000 TO LOMA LINDA PLUMBING INC. FOR PLUMBING
5 REPAIRS AS-NEEDED.
6 WHEREAS, the current Purchase Order No. 2012-803 in the amount of$24,900 to
7 Loma Linda Plumbing needs to be increased by $7,000 for a total purchase order amount of
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$31,900.
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NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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13 to execute on behalf of said City a Vendor Services Agreement between the City of San
14 Bernardino and Loma Linda Plumbing Inc., a copy of which is attached hereto, marked as
15 Exhibit "A ", and incorporated herein by this reference as fully as though set forth at
16 length.
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18 SECTION 2. That pursuant to this determination, the Director of Finance or his
19 designee is hereby authorized to increase Purchase Order No. 2012-803 to Loma Linda
20 Plumbing Inc. by$7,000 for an amount not to exceed $31,900.
21 SECTION 3. The Purchase Order shall reference this Resolution and shall read,
22 ',Loma Linda Plumbing, Inc. for Plumbing Repairs As-Needed. The Purchase Order shall not
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exceed $31,900" and shall incorporate the terms and conditions of the Agreement.
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2012-91
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
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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5 SECTION 4. The authorization to execute the above referenced Purchase Order and
6 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
7 passage of this resolution.
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2012-91
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.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 joint
Common Council of the City of San Bernardino at a regular meeting thereof, held
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7 on the 21st day of May 2012, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
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JENKINS x
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12 VALDIVIA x
13 SHORETT x
14 KELLEY x
15 x
JOHNSON
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17 MCCAMMACK x
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19 Geo earn Hanna, City Clerk
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The foregoing resolution is hereby approved this day of
21 May 2012.
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23 J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
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By:
26 /es F. Penman, City Attorney
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2012-91
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 21 th day of May 2012, by and
3 between Loma Linda Plumbing, Inc. ("VENDOR") and the City of San Bernardino ("CITY"
4 or"San Bernardino").
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WITNESSETH:
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7 WHEREAS, the Mayor and Common Council has determined that it is
8 advantageous and in the best interest of the CITY to repair plumbing in City owned
9 buildings; and
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NOW, THEREFORE, the parties hereto agree as follows:
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12 1. SCOPE OF SERVICES.
13 For the remuneration stipulated, CITY hereby engages the services of VENDOR to
14 repair plumbing in CITY owned buildings and properties.
15 2 COMPENSATION AND EXPENSES.
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17 a. For the services delineated in Section 1, the CITY, upon presentation of an
18 invoice, shall pay the VENDOR in an amount not to exceed $31,900 for
19 plumbing repairs on City owned buildings and properties.
20 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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22 3. TERM; TERMINATION.
23 The term of this Agreement shall be from May 7, 2012, through June 30, 2012.
24 This Agreement may be terminated at any time by thirty (30) days written notice by either
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26 party. The terms of this Agreement shall remain in force unless amended by written
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28 Exhibit"A"
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2012-91
1 agreement of the parties executed on or before the date of expiration of current term of the
2 Agreement.
3 4. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the CITY, its elected officials,
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6 employees, agents or representatives, free and harmless from all claims, actions, damages
7 and liabilities of any kind and nature arising from bodily injury, including death, or
8 property damage, based or asserted upon any or alleged act or omission of VENDOR, its
9 employees, agents, or subcontractors, relating to or in any way connected with the
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11 accomplishment of the work or performance of service under this Agreement, unless the
12 bodily injury or property damage was actually caused by the sole negligence of the CITY,
13 its elected officials, employees, agents or representatives. As part of the foregoing
14 indemnity, VENDOR agrees to protect and defend at its own expense, including attorney's
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16 fees the CITY, its elected officials, employees, agents or representatives from any and all
17 legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives
18 any and all rights to any types of express or implied indemnity against the CITY, its elected
19 officials, employees, agents or representatives, with respect to third party claims against the
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21 VENDOR relating to or in any way connected with the accomplishment of the work or
22 performance of services under this Agreement.
23 5. INSURANCE.
24 While not restricting or limiting the foregoing, during the term of this Agreement,
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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27 liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory
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Exhibit "A"
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2012-91
1 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
2 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
3 additional named insured in each policy of insurance provided hereunder. The Certificate of
4 Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
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to any change in or termination of the policy.
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7 6. NON-DISCRIMINATION.
8 In the performance of this Agreement and in the selection, hiring and recruitment of
9 employees, VENDOR shall not engage in, nor permit its officers, employees or agents to
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11 engage in, discrimination in employment of persons because of their race, religion, color,
12 national origin, ancestry, age, mental or physical disability, medical conditions, marital status,
13 sexual gender or sexual orientation, or any other status protected by law.
14 INDEPENDENT CONTRACTOR.
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16 VENDOR shall perform work tasks provided by this Agreement,but for all intents and
17 purposes VENDOR shall be an independent contractor and not an agent or employee of the
18 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
19 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
20 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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22 employees, and all business licenses and/or permits, if any are required, in connection with
23 the services to be performed hereunder.
24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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27 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,permits,
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Exhibit"A"
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2012-91
1 qualifications, insurance and approval of whatever nature that are legally required of
2 VENDOR to practice its business or profession.
3 9. NOTICES.
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5 Any notices to be given pursuant to this Agreement shall be deposited with the United
6 States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
8 300 North "D" Street
9 San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR: Loma Linda Plumbing, Inc.
11 24797 Redlands Blvd.
12 Loma Linda, CA 92354
Telephone: (909) 796-0181
13 Contact: Mark Peterson
14 10.ATTORNEYS' FE ES.
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16 In the event that litigation is brought by any party in connection with this Agreement, the
17 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
18 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
19 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
20 provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
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calculated based on market rate for comparable services.
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23 11. ASSIGNMENT.
24 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
25 all or any part of the VENDOR's interest in this Agreement without CITY's prior written
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consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
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28 shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Exhibit"A"
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2012-91
1 Regardless of CITY'S consent, no subletting or assignment shall release VENDOR of
2 VENDOR's obligation to perform all other obligations to be performed by VENDOR
3 hereunder for the term of this Agreement.
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12. VENUE.
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6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be tried and litigated either in the State courts located in the County of San
8 Bernardino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
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12 12. GOVERNING LAW.
13 This Agreement shall be governed by the laws of the State of California.
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15 13. SUCCESSORS AND ASSIGNS.
16 This Agreement shall be binding on and inure to the benefit of the parties to this
17 Agreement and their respective heirs, representatives, successors, and assigns.
18 14. HEADINGS.
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20 The subject headings of the sections of this Agreement are included for the purposes of
21 convenience only and shall not affect the construction or the interpretation of any of its
22 provisions.
23 15. SEVERABILITY.
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25 If any provision of this Agreement is determined by a court of competent jurisdiction to be
26 invalid or unenforceable for any reason, such determination shall not affect the validity or
27 enforceability of the remaining terms and provisions hereof or of the offending provision in
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Exhibit"A"
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2012-91
1 VENDOR SERVICE AGREEMENT
2 BETWEEN LOMA LINDA PLUMBING,INC AND THE CITY OF SAN
BERNARDINO
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any other circumstance, and the remaining provisions of this Agreement shall remain in full
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6 force and effect.
7 16. ENTIRE AGREEMENT; MODIFICATION.
8 This Agreement constitutes the entire agreement and the understanding between the
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10 parties, and supercedes any prior agreements and understandings relating to the subject
11 manner of this Agreement. This Agreement may be modified or amended only by a written
12 instrument executed by all parties to this Agreement.
13 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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15 and date set forth below.
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17 Dated: Ode 2012 Loma Linda Plumbing, Inc.
18 By:
19 Its: �tzov,neiq�
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Dated 2012 CITY SAN BERNARDINO
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22 By'
Andrea Travis-Miller, Acting City Manager
23 Approved as to Form:
24 James F. Penman, City Attorney
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28 Exhibit"A"
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