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HomeMy WebLinkAbout2012-226 2012-226 Exhibit A VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE This Vendor Service Agreement is entered into this 29thlay of August 2012, by and between Inland Empire Landscape ("VENDOR") and the City San Bernardino ("CITY"). WITNESSETH: WHEREAS, the Mayor and Common Council determined that it is advantageous and in the best interest of the CITY to contract with a professional contractor to perform comprehensive landscape maintenance (general maintenance, irrigation repairs and weed abatement) in support of the Parks, Recreation and Community Services Department within the City of San Bernardino's Landscape Maintenance Districts; and WHEREAS, CITY did solicit and accept bids from available vendors for landscape maintenance services per RFQ F-12-15; and WHEREAS, VENDOR is the lowest and most responsible bidder to provide said services to CITY for the selected assessment district areas; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE.OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR, to provide those products and services as set forth in Bid Specifications No. RFQ F-12-15, for the maintenance of landscaping and related facilities located with the City of San Bernardino's Landscape Maintenance districts. dated May 14, 2012. 2012-226 2. COMPENSATION AND EXPENSES. For the services delineated above by VENDOR, the CITY, upon presentation of invoices, shall pay to the VENDOR, pursuant to the bid summary sheet attached hereto as Exhibit "D" and made a part hereof, an amount not to exceed the amount of $188,196 for the initial base year of service, $188,196 for the first optional year renewal, and $188,196 for the second optional year renewal; for the maintenance of only selected assessment districts and areas indicated in Exhibit"D". 3. TERM; TERMINATION. The term of this Vendor Service Agreement shall be from September 17, 2012 through September 16, 2013 with the Option of two additional 1 year terms. 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 mutually amended. 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 2012-226 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 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 famished 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. 2012-226 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, 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 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: Parks, Recreation & Community Services Department 201 North "E" Street San Bernardino, CA 92418 Telephone: (909) 384-5233 TO THE VENDOR: Inland Empire Landscape 2456 Kern Street San Bernardino, CA 92407 Telephone: (909)473-9066 2012-226 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. 11. 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 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. 2012-226 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. 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 2012-226 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE 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 12012 VENDOR: Inland mpire L scape By: Its: Dated _, 2012 CITY OF SAN BERNARDINO By: Andrea M. Travis-Miller, Interim City Manager Approved as to form: James F. Pemnan, City Attorney By: 0 2012-226 Exhibit B VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SERVICE SCAPE This Vendor Service Agreement is entered into this )q t4ay of_ August 2012, by and between Service Scape ("VENDOR") and the City San Bernardino ("CITY"). WITNESSETH: WHEREAS, the Mayor and Common Council determined that it is advantageous and in the best interest of the CITY to contract with a professional contractor to perform comprehensive landscape maintenance (general maintenance, irrigation repairs and weed abatement) in support of the Parks, Recreation and Community Services Department within the City of San Bernardino's Landscape Maintenance Districts; and WHEREAS, CITY did solicit and accept bids from available vendors for landscape maintenance services per RFQ F-12-15; and WHEREAS, VENDOR is the lowest and most responsible bidder to provide said services to CITY for the selected assessment district areas; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR, to provide those products and services as set forth in Bid Specifications No. RFQ F-12-15, for the maintenance of landscaping and related facilities located with the City of San Bernardino's Landscape Maintenance districts, dated May 14, 2012. 2012-226 2. COMPENSATION AND EXPENSES. For the services delineated above by VENDOR, the CITY, upon presentation of invoices, shall pay to the VENDOR, pursuant to the bid summary sheet attached hereto as Exhibit "D" and made a part hereof, an amount not to exceed the amount of$214,200 for the initial base year of service, $214,200 for the first optional year renewal, and $214,200 for the second optional year renewal; for the maintenance of only selected assessment districts and areas indicated in Exhibit"D". 3. TERM; TERMINATION. The term of this Vendor Service Agreement shall be from September 17, 2012 through September 16, 2013 with the Option of two additional 1 year terms. 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 mutually amended. 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 2012-226 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 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. 2012-226 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, 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 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: Parks, Recreation & Community Services Department 201 North "E" Street San Bernardino, CA 92418 Telephone: (909) 384-5233 TO THE VENDOR: Service Scape 9716 Cottonwood Way Alta Loma, CA 91737 Telephone: (951) 545-1125 2012-226 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. 11. 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 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. 2012-226 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. 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. 2012-226 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SERVICE SCAPE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated l 2012 VENDOR: Service Scape By: l L Its: fit? Dated ' 2012 CITY OF SAN BERNARDINO By: " Andrea M. Travis-Miller, Interim City Manager Approved as to form: James F. Penman, City Attorney By: �G n 2012-226 Exhibit C VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VALLEYCREST LANDSCAPE This Vendor Service Agreement is entered into this 29tgay of August 2012,by and between Valley Crest Landscape ("VENDOR") and the City San Bernardino ("CITY"). WITNESSETH: WHEREAS, the Mayor and Common Council determined that it is advantageous and in the best interest of the CITY to contract with a professional contractor to perform comprehensive landscape maintenance (general maintenance, irrigation repairs and weed abatement) in support of the Parks, Recreation and Community Services Department within the City of San Bernardino's Landscape Maintenance Districts; and WHEREAS, CITY did solicit and accept bids from available vendors for landscape maintenance services per RFQ F-12-15; and WHEREAS, VENDOR is the lowest and most responsible bidder to provide said services to CITY for the selected assessment district areas; NOW,THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, the CITY hereby engages the services of VENDOR, to provide those products and services as set forth in Bid Specifications No. RFQ F-12-15, for the maintenance of landscaping and related facilities located with the City of San Bernardino's Landscape Maintenance districts, dated May 14, 2012. N 2012-226 2. COMPENSATION AND EXPENSES. For the services delineated above by VENDOR, the CITY, upon presentation of invoices, shall pay to the VENDOR, pursuant to the bid summary sheet attached hereto as Exhibit "D" and made a part hereof, an amount not to exceed the amount of $60,852 for the initial base year of service, $60,852 for the first optional year renewal, and $60,852 for the second optional year renewal; for the maintenance of only selected assessment districts and areas indicated in Exhibit"D". 3. TERM; TERMINATION. The term of this Vendor Service Agreement shall be from September 17, 2012 through September 16, 2013 with the Option of two additional 1 year terms. 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 mutually amended. 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 2012-226 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 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. 2012-226 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, 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 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: Parks, Recreation & Community Services Department 201 North"E" Street San Bernardino, CA 92418 Telephone: (909) 384-5233 TO THE VENDOR: ValleyCrest Landscape 8726 Calabash Avenue Fontana, CA 92335 Telephone: (909) 349-1802 2012-226 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. 11. 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 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. 2012-226 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. 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. 2012-226 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VALLEYCREST LANDSCAPE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated q- 11 2012 VENDOR: Valley Crest Landscape 1p Its: ba ."l(JA MpNAGEC- Dated R" b 2012 CITY OF SAN BERNARDINO By: Im", Andrea M. Travis-Miller, Interim City Manager Approved as to form: James F. Penman, City Attorney By: golt. �+ .