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HomeMy WebLinkAbout05.J- Police J RESOLUTION (ID #2515) DOC ID: 2515 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Robert Handy M/CC Meeting Date: 06/17/2013 Prepared by: Paul Williams, (909) 384-5742 Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement with Brett Carlson Construction for Board Up and Abatement Services. (#2515) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $57,423.00 Account No. 001-210-0021-5505, Account Description: Contractual services Balance as of. 05/28/13 Balance after approval of this item: 0 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 the Resolution. Synopsis of Previous Council Action: April 6, 2009 Resolution#2009-66 authorizing a vendor services agreement and increase to purchase order to Brett Carlson Construction for board-up services. Background: In order to ensure the best possible price, board up specifications were prepared, including reporting procedures by the contractor for all work performed. In January 2013, bid packages were sent to a total of seven area vendors including two local and six non-local vendors, the San Bernardino Chamber of Commerce, and also advertised in the Sun and on the city's web page under RFQ F-13-13. As advertised, the bids were publicly opened and read on January 7, 2013. A total of six bids were received by the deadline. Brett Carlson Construction, the lowest bid, was selected. Brett Carlson Construction, who is a local vendor, has agreed to add any and all additional staff that may be required to timely respond to all requests submitted by Code Enforcement. The RFQ specified the term of the agreement would only be from the effective date through the end of the City's fiscal year with three single year options to renew. Therefore, the agreement and request for funding is only through June 30, 2014. As part of the abatement and cost recovery process, owners are billed for work done on their properties, however, if the bill is not paid, the amount owing is placed as a lien on the property taxes and eventually, the City should be reimbursed for costs incurred. City Attorney Review: Updated: 6/4/2013 by Linda Sutherland A Packet Pg'149! 5.J 2515 Supporting Documents: Board Up Contract-RESOLUTION (PDF) Exhibit A to Reso -Vendor Services Agreement- Brett Carlson 03-11-13 (PDF) Attachment 2 final bid sheet (PDF) Copy of Bid- Brett Carlson(Attachment 1 to VSA) (PDF) TECH SPECS F-13-13 (Attachment 2 to VSA) (PDF) Executable Service Agreement (PDF) 3 Updated: 6/4/2013 by Linda Sutherland A Packet Pg. 150 1 RESOLUTION NO. 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: E 6 a 7 SECTION 1. That Brett Carlson Construction is the source most qualified to perform L 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 0 hereby authorize and direct the City Manager to execute on behalf of said City a Vendor In 11 LO T 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 c A 14 by reference as fully as though set forth at length. 15 z SECTION 3. That the authorization to execute this Agreement is rescinded if not o 16 D 17 fully executed within 90 days of the adoption of this Resolution. N w 18 19 IlI 0 20 21 o 22 0° 23 111 E 24 111 a 25 111 26 /Il 27 111 28 Packet Pg.151 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 VENDOR SERVICE AGREEMENT WITH BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and :. 5 Common Council of the City of San Bernardino at a meeting E 6 7 thereof,held on the day of ,2013,by the following vote,to wit: a U R 8 Council Members: AYES NAYS ABSTAIN ABSENT 0 CL 9 MARQUEZ 10 0 i 1 JENKINS 0° to Ln 12 VALDIVIA 13 SHORETT = 0 .N 14 KELLEY 15 JOHNSON Z 0 16 17 MCCAMMACK N w 18 19 Georgeann Hanna, City Clerk r c 0 20 The foregoing resolution is hereby approved this day of ,2013. Q 21 0 22 m Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to form: a 25 JAMES F. PENMAN, 26 City ttorney 27 By. G,•w•.. 28 Packet P0.152 Exhibit"A" VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES L This Vendor Services Agreement(the "Agreement") is entered into this day of a June,2013, (the "Effective Date") by and between Brett Carlson Construction ("Vendor") L and the City of San Bernardino ("City"). c U WITNESSETH: a L WHEREAS, the Mayor and Common Council has determined that it is advantageous m0 and in the best interest of the City to contract for board up and abatement services throughout the City; and, LO N WHEREAS, the City of San Bernardino did solicit and accept bids from available r vendors for such services; and, r M O WHEREAS, Vendor was the lowest and best bidder for the provision of such services; c N L NOW, THEREFORE, the parties hereto agree as follows: tv 1. SCOPE OF SERVICES. m` 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 L hereto as Attachment"2", and incorporated herein by this reference. U) d b. Vendor shall be responsible for the boarding up of unsecured buildings throughout Z 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, L s and shall hire and maintain any additional staff deemed necessary to fulfill any and all requests by the Code Enforcement Department (See Attachment"Y'). 0 2. COMPENSATION AND EXPENSES. 0 a. The total amount for services rendered under this Agreement shall not exceed a $57,423.00. ' b. No other expenditures made by Vendor outside the scope of services and terms of this W Agreement shall be reimbursed by City. E �o r r 1 :,P66ket�g. 153 5.J.b 3. TERM AND TERMINATION c d 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 Q U discretion. R The City reserves and has the right and privilege of canceling, suspending or abandoning v the execution of all or any part of the work contemplated by this Agreement, for any reason,with CL 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 o such termination, Vendor shall immediately stop rendering services under this Agreement unless m directed otherwise by the City. r LO N 4. INDEMNITY. M T 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 o any kind and nature arising from bodily injury, including death, or property damage, based or o asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or L 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 mL 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 C 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. L 5. INSURANCE. -°a 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 N liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's (D compensation coverage, and shall file copies of said policies with the City's Risk Manager prior o to undertaking any work under this Agreement. City shall be set forth as an additional named Q 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. x w 6. NON-DISCRIMINATION. c a� E In the performance of this Agreement and in the hiring and recruitment of employees, U Vendor shall not engage in, nor permit its officers, employees or agents to engage in, w discrimination in employment of persons because of their race, religion, color, national origin, Q 2 Packet Pg. 154 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. a) 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. a 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 v license, if any are required, in connection with the services to be performed hereunder. a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. c m 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, T- qualifications, insurance and approval of whatever nature legally required of Vendor to practice its business or profession. T r 9. NOTICES. c Any notices to be given pursuant to this Agreement shall be deposited with the United N States Postal Service,postage prepaid and addressed as follows: U TO THE CITY: TO THE VENDOR: d L m Police Department Brett Carlson Construction , 710 North"D" Street P.O. Box 90085 a San Bernardino, CA 92401 San Bernardino, CA 92427 Telephone: (909) 384-5742 Telephone: (909) 880-8893 a N 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the in prevailing party shall be entitled to recover from the opposing party all costs and expenses, o 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 o enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the (D purposes of this paragraph. o a 11. ASSIGNMENT. s Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber w 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 E 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 w a 3 Packet Pg. 165i perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. r 12. VENUE. as E 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 a 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. v a 13. GOVERNING LAW. E L This Agreement shall be governed by the laws of the State of California. c m 14. SUCCESSORS AND ASSIGNS. LO T 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. r 15. HEADINGS. M 0 The subject headings of the sections of this Agreement are included for the purposes of N convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. m` r 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 a, other circumstance, and the remaining provisions of this Agreement shall remain in full force a N and effect. 17. ENTIRE AGREEMENT; MODIFICATION. in L 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 c executed by all parties to this Agreement. w a [SIGNATURE PAGE FOLLOWS] s X W c m E ° r Q 4 Packet Pg. 156 5.J.b VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BRETT CARLSON CONSTRUCTION FOR BOARD UP AND ABATEMENT SERVICES , c w E a� m L IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day Q and date set forth below. L 0 U Dated: 52013 BRETT CARLSON CONSTRUCTION L 0 m By: LO Its: LO N M r r Dated 92013 CITY OF SAN BERNARDINO c r- 0 N L By. v Allen Parker, City Manager L m Approved as to Form: - James F. Penman, City Attorney E 3 By: ai d o m o ? N w Q 4 ++ a 9 � W r d E t R a 5 5.J.c U r U to p to Q N CO d O L!, O 06 U L1. a d.: W w. 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M (1) o p fi O > ODD v) U O Cr_ U --i LU LO Packet Pg. 159 City of San Bernardino Statement of Work RFQ Board Up Abatements —Various Locations ITEM DESCRIPTION d E NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: `M Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. c U CL Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as m° set forth in the left-hand column. LO LO FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID N I. DEFINITIONS: N 1. "Director"means the Community Development Director or duly E authorized representative. v 2. 'Department" means the City of San Bernardino Community a Development Department. M 3. "City" means the City of San Bernardino. M 4. "Contractor"means the Contractor, its employees, agents or r. designees. Cn U W II. TERMS OF CONTRACT: y x v The term of this agreement(the"Agreement') shall be effective on or w about July 1, 2012 through June 30, 2013 plus (3) three single year options to renew. E In order to extend this Agreement, the City shall provide the Contractor written notice of its intent to extend the Agreement thirty(30) days Q prior to the end of the Agreement year. The Contractor agrees to provide the services described in the attached proposal for said additional periods, should the City give the required notice. 1. The City may utilize more than one Contractor for the services subject to this Agreement on an as-needed basis with no Packet Pg.1'60 guaranteed usage as designated by the Director. 2. Upon request of the Director, a bid may be required prior to approval and commencement of work. 3. The Contractor(s) shall perform the work specified under the general direction of the Director. Warrants or consents must be obtained for emergency services prior to entrance onto property and work completed within the time frame of the warrant. r III. SECURITY SPECIFICATIONS AND CONDITIONS: E d as L Effective immediately, in all areas within the City of San a Bernardino, where vandalism is known to cause undue damage to property, such property is to be protected by employing the following minimum security specifications according to City v standards or as directed by Department: a a 1. All windows and doors shall be secured with 1/2 inch and 3/ inch o thick exterior plywood panels, minimum B-D grade m (respectively). LO LO N 2. Window glass is to be removed if determined to be necessary by the Department and identified by removal location (when installation cannot be made without breakage)before installing o boarding. If removed, glass is to be stored inside the living units. N r as 3. All boarding will be fit to the screen inset molding stop or door t stop. Maximum clearance at all edges shall be 1/8 inch. a 4. All fabricated board will be plainly marked on their inside surface with the exterior dimensions to the nearest 1/8 inch to facilitate interchanging. LL CO 5. All exterior storage and utility cabinets located about the property a must be secured against wind damage, removal, and to prevent N the theft of water heaters, furnaces, etc. A hasp and padlock must v LU be installed on these doors. _ 6. All exterior double door cabinets are to be secured by installing a E deadbolt and receptacle at the top and bottom to the inside of one of these doors. Install a hasp and padlock to the doors, securing a one to the other. 7. Install a hasp and padlock to all garage doors. 8. All plywood panels to be painted a coordinating color with the structure. (See Exhibit"A"pages 1-10.) Packet Pg. 161 S.J.e IV. GENERAL CONDITIONS: 1. The Contractor and the agents and employees of the Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2. The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out E of any acts, duties, or obligations on the part of the Contractor,his agents, or employees,under this Agreement; nor for any materials a or equipment used in performing the work,nor for injury or damage to any person(s), either workmen or the public; nor for damage to adjoining property from any cause whatsoever during 0 the progress of the work or any time before final acceptance. a D 3. Contractor shall indemnify and save harmless the Department, its o officials and employees from any suits, claims or actions brought m by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof. N 4. The Contractor shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions o warrant. N 5. The Contractor shall promptly answer inquiries and complaints of E the Department, of private property owners, or citizens, relative to any work charges, damages or any other questions that may arise a as a result of boardup or abatement operations by the Contractor M up to seven(7) days after completion. M LL 6. The Contractor shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day a in the event that fixtures or utilities are damaged or destroyed by cn the Contractor. Contractor will then follow up the phone call with a written statement to be submitted with the billing. When the Contractor, or responsible person is unavailable to rectify the situations,the Department shall make necessary arrangements to E repair damaged or destroyed items if said damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Contractor is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities,whether the Contractor, Property Owner, or City does repairs. 7. The Contractor shall be fully informed of and comply with all Packet Pg. 162 5.J.e existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 8. The Director shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work a performed by the Contractor shall be done to the satisfaction of the Director. The Director or authorized representative reserves w the right to inspect works as related to the conditions of the 0 Statement of Work and Contract. Q D 9. All equipment and tools shall be furnished, fully operable, o operated, and maintained by the Contractor. There will be no CO extra charge made to the Department for the same. All fuel, LO materials, supplies, etc.,to perform the Agreement shall be N furnished at no extra charge to the Department. a CO 10. Before and after any parcel is boarded up or abated,the o Contractor shall take two (2) to four(4) clear and precise dated N digital photos in color of the property which Contractor has boarded up or abated, demonstrating the need for these services. E Contractor shall furnish his own camera and memory card or data disc for proper storage of digital photos. Contractor is Q responsible for furnishing all photos to the Department at its sole , cost and expense. These photos shall be taken immediately before M and after board up and abatement work is done and submitted to u. the Department,together with the billing for the work performed. U If photos do not show iustification for charge,payment will not W be made. Each photo shall include the date picture was taken and cn the address and Code Enforcement officer's name assigned to that v particular project. Each"after" picture shall be taken from the F SAME location as the "before"picture showing some common outstanding landmark. There shall be no charge for digital photos. 11. The Contractor shall formulate his billing invoice and submit it a with the photos to the Department within one(1) week of work completion on properties. The Department will expedite payments due,to the best of its ability within the framework of Policy. 12. The Department will deduct errors from future billing upon Packet Pg. 163 verification of Contractor error. Contractor will be provided an itemized statement describing the deductions. 13. The City reserves the right to make awards to the lowest responsible bidders or to reject all bids. The City reserves the right to negotiate a price for each item if bids are above or below the desired price range for any services. If more than one contractor is selected,the City may require them to negotiate and reconcile their bids so that the City has a uniform schedule of services and fees. The City also reserves the right to terminate any d or all contracts at any time, due to lack of work,rate of progress a of work, or violations of this Agreement. L 14. In the opinion of the Director, if the Contractor is not progressing v at a satisfactory rate in work completion, the Director may a terminate this Agreement and designate City crews or another D City approved Contractor to complete the work. o m 15. City may require varying response times to include emergencies u, (1-2 hours), urgency warrants (same day or 24 hours) and non- N urgency warrants (1-10 days.) Q m V. LICENSES AND PERMITS: > 0 .r N 1. The Contractor shall procure and keep in force during the term of this agreement any and all licenses and permits required by any z Federal, State, or local laws or regulations. r a 2. The Contractor shall procure and keep in force during the M term of this agreement a valid California State Contractors M License. LL U) VI. INSURANCE: w a U) 1. The Contractor shall procure and maintain in force during the v term of this agreement, at its expense,public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims arising in any manner out of Contractor's operations in a minimum amount of $1,000,000.00 for each person injured, $1,000,000.00 for any one a occurrence. Contractor shall provide to the City a certificate of insurance and an additional insured endorsement which provides: a. That the City is an additional insured on the Contractor's Liability insurance. �` Pac1c'�:t"Pg '164 b. The insurance company name, policy number,period of Coverage and the amount of coverage. c. That the City Clerk shall be notified at least thirty (30) days prior to any cancellation or material change in Contractor's coverage. d. That the Contractor's insurance shall be primary to any coverage the City may have in effect. d as L VII. WORKERS' COMPENSATION: t 1. The Contractor shall provide Workers' Compensation coverage for all employees employed pursuant to this agreement. The 0 Contractor shall provide to the City an insurance certificate a evidencing such insurance. D L 0 in VIII. EQUIPMENT SPECIFICATIONS: 1. The Contractor shall use methods and equipment(i.e. hammers, N drills, screws, etc.) deemed adequate to complete all requests for board up services in a timely manner and to apply the skills and co expertise necessary to perform the work competently and 0 efficiently. C, r d IX. DETAILED PERFORMANCE SPECIFICATIONS: E 1. All exterior door openings, except the front door and garage Q door, are to be secured in accordance with the above specifications. 2. Front door is to be secured with plywood over door, complete LL with two (2) equally spaced Holmes Heavy Duty Security Bolts v (padlocks to be provided by Department). a 3. Garage door openings when garage door is attached shall be co secured with two (2) Holmes Heavy Duly Security Slide Bolts 0 (padlock to be provided by Department), one on each side of the door. C 4. All plates, bolts,washers, and nuts used for board-up shall be E galvanized or cad plated. 5. Board-up of unusual sized doors, windows, and garage (when a garage door is not attached) openings shall be installed per instruction of designated Code Officer. 6. All window openings shall be secured according to the specifications in Section III—SECURITY SPECIFICATIONS AND CONDITIONS. 7. All board-up material shall become the property of the owner of w Packet,Pg. 1S5 the premises. 8. Signage shall be posted as follows: a. 12" x 24" minimum. b. Incombustible material. c. Minimum of four(4) holes, the maximum dimension of 1/4", punch or drilled no closer than 3/8" from edge/corner of sign. d. Attachment: Securely fasten in a conspicuous location on the building. e. Inscription: Character size to be 2 1/2" minimum and 4" maximum in height. Character color to be black or red set on L a white background. The inscription shall read at minimum a "No Trespassing PC 602 -Violators will be prosecuted." (See Exhibit"A"pages 1-10.) _ 0 X. LOCAL VENDOR PREFERENCE: a D E •five percent(5%) preference shall be granted to local vendors. o •local vendor is defined as businesses and/or organizations m which posses a fixed office or distribution point with at least one �n owner or employee located within the City, and possessing all N valid and current permits, and licenses required to transact such business, including,but not limited to a City Business CO Registration Certificate. o 0 N For the purpose of applying this order,the term"Contractual Services" shall be determined to include the following type of E services. a Contractual Services are: • Any service where the product of the service consists of LL intellectual property. For example: professional consultants, v architects, landscape architects, engineering, environmental, land a surveying, construction project management, auditors, advisors, W management consultants, financial consultants, and legal v consultants. W • Any service where the primary portion of the service consists of labor. For example: maintenance and repair of City vehicles, buildings, equipment, and property; service agreements, a technical support. Services not included are: installation of equipment when the cost is incidental to the price of the equipment, and installation is not classified as a"public works project." Picket Pg.166- XI. QUALIFICIATIONS, RELATED EXPERIENCE AND REFERENCES OF BIDDER: This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Q E a� as L Bidder shall: a 0 Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, c00 partnership, sole proprietorship); number, size and location of a offices; number of employees; E L M S Describe the firm's experience in performing work of a similar m° nature to that solicited in this RFQ: L; to N M Provide, as a minimum, three (3) written testimonials as reference L from current customers of a similar size as the City as related U) experience; reference shall furnish the name, title, address and > 0 telephone number of the person(s) at the organization who is most knowledgeable about the work performed. E Bid prices must be valid for ninety(120) days per bid specifications due to processing requirements. Q M T M r LL U W a x V w m E t .r r a Packet PgA67 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"). r WITNESSETH: E d WHEREAS, the Mayor and Common Council has determined that it is advantageous 2 and in the best interest of the City to contract for board up and abatement services throughout the a City; and, L .Ir WHEREAS, the City of San Bernardino did solicit and accept bids from available L) vendors for such services; and, M a L WHEREAS,Vendor was the lowest and best bidder for the provision of such services; m NOW,THEREFORE,the parties hereto agree as follows: T- w 1. SCOPE OF SERVICES. � E a. For the remuneration stipulated herein(See Attachment"1"), City hereby engages the L services of Vendor to provide those services as set forth in RFQ F-13-13, attached a hereto as Attachment"2", and incorporated herein by this reference. b. Vendor shall be responsible for the boarding up of unsecured buildings throughout in 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, 2 and shall hire and maintain any additional staff deemed necessary to fulfill any and all requests by the Code Enforcement Department. w c 2. COMPENSATION AND EXPENSES. E a. The total amount for services rendered under this Agreement shall not exceed Q $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 Packet#'. 9$8 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 E Agreement shall be deemed effective upon receipt of the notice of termination. In the event of L such termination, Vendor shall immediately stop rendering services under this Agreement unless a directed otherwise by the City. L i.. 4. INDEMNITY. o U CL 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 m 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 V_ 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 E own expense, including attorney's fees, the City, its elected officials, employees, agents or L representatives from any and all legal actions based upon such actual or alleged acts or a 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 N accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. X While not restricting or limiting the foregoing, during the term of this Agreement, w Vendor shall maintain in effect policies of comprehensive public, general and automobile a 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 a to undertaking any work under this Agreement. City shall be set forth as an additional named a 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 Packet Pg. 169 5.J.f 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. d 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. L Vendor warrants that it possesses or shall obtain, and maintain a business registration a certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, L qualifications, insurance and approval of whatever nature legally required of Vendor to practice c its business or profession. U CL 9. NOTICES. -a L Any notices to be given pursuant to this Agreement shall be deposited with the United m° States Postal Service,postage prepaid and addressed as follows: T LO 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 Q Telephone: (909) 384-5742 Telephone: (909) 880-8893 10. ATTORNEYS' FEES in d 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 x rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions w 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 s purposes of this paragraph. r a 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 F cket-Pg.176 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. a E This Agreement shall be governed by the laws of the State of California. d 14. SUCCESSORS AND ASSIGNS. a 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. 0 CL 15. HEADINGS. -� L M The subject headings of the sections of this Agreement are included for the purposes of M convenience only and shall not affect the construction or the interpretation of any of its LO T provisions. `� P N 16. SEVERABILITY. to Agreement nt is determined b a court of competent jurisdiction 'sion of this Y 1� rove If an g d any invalid or unenforceable for any reason, such determination shall not affect the validity or a enforceability of the remaining terms and provisions hereof or of the offending provision in any in full force `2 other circumstance, and the remaining provisions of this Agreement shall remain •� and effect. in d 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 w of this Agreement. This Agreement may be modified or amended only by a written instrument = executed by all parties to this Agreement. E w Q [SIGNATURE PAGE FOLLOWS] (4m, 4 Packet Pg. 171 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: 12013 BRETT CARLSON CONSTRUCTION r c E d By: `as its: Q r L 0 U Dated , 2013 CITY OF SAN BERNARDINO L 0 LM By: LO Allen Parker, City Manager Ln N Approved as to Form: James F. Penman, City Attorney E d a� L By: b 2 m U) d c� d x W c m E w Q 5 Packet Pg.172