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HomeMy WebLinkAbout2013-112 RESOLUTION NO. 2013-112 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 VENDOR SERVICE AGREEMENT WITH BRETT CARLSON CONSTRUCTION 4 FOR BOARD UP AND ABATEMENT SERVICES 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That Brett Carlson Construction is the source most qualified to perform 8 required board-up and abatement services at various locations throughout the City. 9 SECTION 2. That the Mayor and Common Council of the City of San Bernardino 10 11 hereby authorize and direct the City Manager to execute on behalf of said City a Vendor 12 Services Agreement for board up and abatement services between the City and Brett Carlson 13 Construction, a copy of which is attached hereto, marked Exhibit A, and incorporated herein 14 by reference as fully as though set forth at length. 15 SECTION 3. That the authorization to execute this Agreement is rescinded if not 16 17 fully executed within 90 days of the adoption of this Resolution. 18 /// 19 /// 20 /// 21 /// 22 /// 23 24 /// 25 /// 26 /// 27 /// 28 2013-112 RESOLUTION OF THE MAYOR AND COMMON OY COUNCIL NAGER TO EXECUTE OA 1 SAN BERNARDINO AUTHORIZING 2 VENDOR SERVICE AGREEMENT WITH ERSETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 rgular meeting 6 Common Council of the City of San Bernardino at a 7 thereof,held on the 17th day of June , 2013,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 11 JENKINS 12 VALDIVIA X 13 SHORETT X 14 KELLEY X 15 JOHNSON X 16 MCCAMMACK X 17 7.e - 19 18 � n�. George Hanna, y Clerk 20 1 4T% day of June , 2013. The foregoing resolution is hereby approved this 21 22 -41PredN._ Morris, . I +► 23 CI : �'an Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City ttorney 26 By: 27 28 2013-112 EXHIBIT "A" VENDOR SERVICES AGREEMENT BETWEEN TION FOR BOARD UP AND ABATEMENT O AND BRETT CARLSON CONSTRUCTION This Vendor Services Agreement (the"Agreement") is entered into this 17th day of June,2013, (the "Effective Date") by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). WITNESSETH: WHEREAS, the Mayor and cate and in the best interest of the City to contract for board up and abatement services throughout the City; and, WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for such services; and, WHEREAS, Vendor was the lowest and best bidder for the provision of such services; NOW,THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. a. For the remuneration stipulated herein(See Attachment"1"), City hereby engages the services of Vendor to provide those services as set forth in RFQ F-13-13, attached hereto as Attachment"2", and incorporated herein by this reference. b. Vendor shall be responsible for the boarding up of unsecured buildings throughout the City. Vendor shall respond to any requests for these services as required by the Code Enforcement Department and its officers in a timely and professional manner, and shall hire and maintain any additional staff deemed necessary to fulfill any and all requests by the Code Enforcement Department. 2. COMPENSATION AND EXPENSES. a. The total amount for services rendered under this Agreement shall not exceed $57,423.00. b. No other expenditures made by Vendor outside the scope of services and terms of this Agreement shall be reimbursed by City. 1 2013-112 3. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue through June 30, 2014 unless previously terminated as provided herein. This Agreement may be extended for three (3) additional one (1) year terms to coincide with the City's fiscal year at the City's sole discretion. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, for any reason, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 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 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 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 of any change or termination in 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, 2 2013-112 ancestry, age, mental or physical disability, m b lawcondition, marital status, sexual gender or sexual orientation, or any other status protected y 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 license, 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 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: TO THE VENDOR: Police Department Brett Carlson Construction 710 North"D" Street P.O. Box 90085 San Bernardino, CA 92401 San Bernardino, CA 92427 Telephone: (909) 384-5742 Telephone: (909) 880-8893 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 releanse Vendor of Agreement. Vendor's obligation to City's consent, no subletting or assignment shall 3 2013-112 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 ithe mten Central a Disthe parties California,obe Eastern Division. The aforementioned choice 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. 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 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. [SIGNATURE PAGE FOLLOWS] 4 2013-112 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2013 BRETT CARLSON CONSTRUCTION By: Its: Dated , 2013 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: James F. Penman, City Attorney By: ; 5 2013-112 EXHIBIT "A" VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES This Vendor Services Agreement(the "Agreement") is entered into this 17th day of June,2013, (the "Effective Date") by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for board up and abatement services throughout the City; and, WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for such services; and, WHEREAS, Vendor was the lowest and best bidder for the provision of such services; NOW, THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. a. For the remuneration stipulated herein(See Attachment"1"), City hereby engages the services of Vendor to provide those services as set forth in RFQ F-13-13, attached hereto as Attachment"2", and incorporated herein by this reference. b. Vendor shall be responsible for the boarding up of unsecured buildings throughout the City. Vendor shall respond to any requests for these services as required by the Code Enforcement Department and its officers in a timely and professional manner, and shall hire and maintain any additional staff deemed necessary to fulfill any and all requests by the Code Enforcement Department. 2. COMPENSATION AND EXPENSES. a. The total amount for services rendered under this Agreement shall not exceed $57,423.00. b. No other expenditures made by Vendor outside the scope of services and terms of this Agreement shall be reimbursed by City. 1 2013-112 3. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue through June 30, 2014 unless previously terminated as provided herein. This Agreement may be extended for three (3) additional one (1) year terms to coincide with the City's fiscal year at the City's sole discretion. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, for any reason, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 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 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 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 of any change or termination in 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, 2 2013-112 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 employees, and all business license, 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 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: TO THE VENDOR: Police Department Brett Carlson Construction 710 North"D" Street P.O. Box 90085 San Bernardino, CA 92401 San Bernardino, CA 92427 Telephone: (909) 384-5742 Telephone: (909) 880-8893 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 3 • 2013-112 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, Eastern 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. 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 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. [SIGNATURE PAGE FOLLOWS] 4 2013-112 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below.r-1/2/Dated: , 2013 BRETT CARLSON CONSTRUCTION By: ZL12,* Its: Dated f24fe) , 2013 CITY OF SAN BERNARDINO By: Al Parker, City Manager Approved as to Form: James F. Penman, City Attorney By: ) 5