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HomeMy WebLinkAbout05.J- Public Works RESOLUTION (ID# 2716) DOC ID: 2716 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Purchase Order From: Tony Frossard M/CC Meeting Date: 11/04/2013 Prepared by: Linda Dortch, (909) 384-5140 i Dept: Public Works Ward(s): All I Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of an Annual Purchase Order in the Amount of$34,200 for FY 13/14 and $65,000 for Option Years One through Four with Four (4) One-Year Extensions at the City's Option to Unisource Worldwide, Inc. for the Purchase of Janitorial Products & Supplies. (#2716) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $23,700 Account No. 001-400-0036-5111 Account Description: Materials& Supplies 1 Balance as o£ 10/10/13 Balance after approval of this item: $0 i Account Budgeted Amount: $2,500 Account No. 001-400-0092-5111 Account Description: Materials & Supplies Balance as o£ 10/10/13 Balance after approval of this item: $36,500 'E Account Budgeted Amount: $500 Account No. 001-400-0088-5111 Account Description: Materials & Supplies Balance as of. 10/10/13 Balance after approval of this item: $69,120 Account Budgeted Amount: $5,000 Account No. 001-400-0089-5111 Account Description: Materials & Supplies Balance as of: 10/10/13 Balance after approval of this item: $21,950 Account Budgeted Amount: $2,500 Account No. 132-400-0094-5111 Account Description: Materials & Supplies Balance as of: 10/10/13 Balance after approval of this item: $90,750 P Updated: 10/31/2013 by Georgeann"Gigi"Hanna A acket P . 1 g _ 2716 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: None. Background: The Public Works Department, Operations&Maintenance Division is responsible for custodial &janitorial services in various City buildings. The Division must purchase custodial supplies such as disinfectants and cleaning supplies as well as supplies of paper products. On September 19, 2013, a formal bid process was initiated to solicit bids for janitorial products and supplies. Notices were posted on the web,printed in the newspaper, and mailed to the Chamber of Commerce. One local vendor and five non-local vendors responded. The bid requested unit pricing on various custodial supplies and paper products. The vendor,business location, and total price are listed below: Vendor Location Total Price Unisource La Palma, CA $258.46 Chem-Pak San Bernardino, CA $343.84 Waxie Sanitary Supply Ontario, CA $310.56 Aoss Medical Supply, Inc. and Central Poly Corp. were considered to be non-responsive as they did not provide prices for all items on the bid list. Aoss Medical Supply, Inc. provided pricing on one item and Central Poly Corp. provided pricing for four of the items. Pueblo Hotel Supply did not respond. In order to purchase janitorial products and supplies while the formal bid process was completed, three quotes were received and Finance issued Purchase Order 2014-217 in the amount of $24,900. This allowed staff to purchase needed supplies while the bid was processed. The requested amount for FY 13/14 reflects the remainder budget for janitorial supplies. The additional funds requested for option years one through four reflect the total budgeted amount for janitorial projects and supplies. Unisource Worldwide, Inc. was determined to be the lowest bidder. Staff recommends that the Mayor and Common Council authorize the execution of an agreement and issuance of an annual purchase order in the amount of$34,200 for FY 13/14 and$65,000 for option years one through four with four(4) one-year extensions at the City's option to Unisource Worldwide, Inc. for the purchase of janitorial products & supplies. City Attorney Review: Supporting Documents: Resolution (PDF) Bid Summary Sheet (PDF) Bid Packet (PDF) Vsa (PDF) Updated: 10/31/2013 by Georgeann"Gigi"Hanna A Packet Pg. 169 RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 3 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER i IN THE AMOUNT OF $34,200 FOR FY 13/14 AND $65,000 FOR OPTION YEARS 4 ONE THROUGH FOUR WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE 5 CITY'S OPTION TO UNISOURCE WORLDWIDE, INC. FOR THE PURCHASE OF JANITORIAL PRODUCTS & SUPPLIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: a 8 SECTION 1. The Mayor and Common Council hereby finds that the bids of Aoss in 9 Medical Supply and Central Poly Corp. both failed to provide prices for all items on the Price 10 ° s 11 Form required in RFQ F-14-12, and therefore rejects these bids as nonresponsive to RFQ F- a` 12 14-12. o s � 13 SECTION 2. Unisource Worldwide, Inc. submitted the lowest responsive bid for the j 14 purchase of janitorial products and supplies pursuant to RFQ F-14-12. 15 N 5 SECTION 3. The City Manager is hereby authorized to execute a Vendor Purchase c } 16 2 17 Agreement with Unisource Worldwide, Inc., a copy of which is attached hereto, marked as c 18 Exhibit"A", and incorporated herein. 0 19 SECTION 4. Pursuant to this determination the Director of Administrative Services 20 or his designee is hereby authorized to issue an annual purchase order to Unisource 21 Worldwide, Inc. in the amount of$34,200 for FY 13/14 and $65,000 for each year of Option w 22 a 23 Years 1-4 with four(4)one-year extensions at the City's option. 24 SECTION 5. The Purchase Order shall reference this Resolution Number and shall 25 read, "Unisource Worldwide, Inc. for the purchase of janitorial products & supplies. 26 Agreement not to exceed $34,200 for FY 13/14 and $65,000 for each year of option years one 27 through four" and shall incorporate the terms and conditions of the Agreement. 28 Packet Pg. , 1 SECTION 6. The authorization to execute the above referenced Purchase Order and 2 Agreement is rescinded if it is not signed and executed by both parties within sixty (60) days 3 of the passage of this Resolution. 4 111 � 5 6 7 ? .Q 8 a 9 y 10 0- 11 0 12 13 14 N 9 15 1 0 3 16 17 0 18 0 19 w 20 d 21 22 a 23 24 25 26 27 28 Packet Pg.11! I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 2 PURCHASE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $34,200 FOR FY 13/14 AND $65,000 FOR OPTION YEARS 3 ONE THROUGH FOUR WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE 4 CITY'S OPTION TO UNISOURCE WORLDWIDE, INC. FOR THE PURCHASE OF JANITORIAL PRODUCTS & SUPPLIES. 5 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and j 7 Common Council of the City of San Bernardino at a meeting 2 .Q CL $ thereof,held on the day of , 2013, by the following vote,to wit: in 9 `6 N 14 Council Members: AYES NAYS ABSTAIN ABSENT 0 L- 11 MARQUEZ a. 12 JENKINS Mo 13 VALDIVIA 14 SHORETT 15 N VACANT 16 > 17 JOHNSON 0 18 MCCAMMACK 3 0 19 20 Georgeann Hanna, City Clerk E 21 22 The foregoing resolution is hereby approved this day of ,2013. a 23 24 Patrick J. Morris,Mayor 25 City of San Bernardino 26 Approved as to form: JAMES F. PENMAN, 27 City Attorney 28 By: Packet Pg. 172 ~ 5.J.b cjN x ° N N C- Q -0 ° h ti o N X m M O N o .a) z N M p r Nr M U al p p p M Co p c o LO m rn CO 64 >. O a O Co M z3 g a _0 a -o _0 o 0 v (3 m m m m m m m m o o z c 0 0 0 0 a a o o to cQ M Z c Z Z Z Z Z Z Z Z M M Cn r Q LL ` `,• O - ? (� m V U co E— p u7 00 LO r LO c ro LO co (v r� ai a o o Z a_ C U-) to N d l.h a M L F l m O o Co r 7 O LO r N O C m pM Cep 00 m m m N p m r r' C" O (7 p 07 O O O m u7 Z ( cv d Z r- d Z Z Z z LO G E c- !L C < O ( � a U LL/ O Ch O Q Q 2� N p U (n O a 06 E' Q m O �a m S 43 0 CL O 0 O N O C Y M � C O N U a , , �% O N _ N a m c0 > Z (� t"^ O p O (� � C N L 0 0 C O m CO N Z3 O v) C (D ia C_ Q1 O U © N 4 c U IL a ,!� •[ N N m +� O L Cn N .N Oft t > O (O CL O C O N u) U' (n LL CN Z, a r- __. �t An (D r Ld Packet Pg. 173 k 5.J.b CL CL 0 oc3' 0 C,7 v D; ,lam s ti M •-@ Q. oes U o 0 m m m m m m m m m m Z m a LLl = o 0 0 0 0 0 0 0 0 o p O � Z Z Z Z Z Z Z Z Z Z Z o . : < got,' V Lo I 0 L (� 0) OC) 0) O0 ('7 N 1 00 m N W pp v M Z to r- (h N d d G E r ` co C) N E (A Cf co i c a) •• d ca 0 (D � _ � � a) p v /d1 3 0 N .G1 O ♦ ~ Q O C: �2 C U `- "`a N m O N --� a O N O O Z LO () Q p U CO O N E ' <;< $ N to C cl :3 U S OEM, �- U) 0 i Z: N lSj U C C) _ N 0 ..0 O N N N > Z p QN,UZ O p m N L3 O N a) Q (� 0 OL 06 0 D co L LL �r/-�. n, (D a V/ L > ca tz o a o v c L L N � # :� Z [L Q LO CJ 1 m O} ` Pg. 174 RFQ F-14-12 Janitorial products&Supplies City of San Bernardino Technical Specifications RFQ F-14-12 JANITORIAL PRODUCTS & SUPPLIES NOTICE; "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Works Department, Operations and Maintenance Division is responsible for custodial &janitorial services in various City buildings. The intent of this document is to solicit proposals from qualified vendors with experience in providing janitorial products and materials. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with Q janitorial products and materials at a per-unit cost. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an 06 agreement with a qualified vendor for janitorial products and materials. Services: Bidder shall complete right-hand column indicating brief reasoning for o exceptions to requirements when not acceptable. State "Acceptable" if tL requirements are agreeable as set forth in left-hand column. L_ 0 m FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID to r ACCEPTABLE /AS CATEGORY] SPECIFIED 1. JANITORIAL MATERIALS a The City of San Bernardino Public Works Department, Operations and Maintenance Division will purchase janitorial products and materials throughout the year for use by the custodial staff. .� U r The janitorial products and materials will be priced for delivery, a 2. PRICING PER UNIT COST M- Provide a pricing proposal that is a fixed cost per item listed on price sheet. 3 REFERENCE LIST r Provide three (3) local government agencies and/or company's ' previous or current contact references That support your ability to P provide paint products and materials. 10 Packet Pg. 17a RFQ F-24-12 Janitorial Products&Supplies 4. CONTRACT LENGTH The length of this contract shall be for one (1) year with four (4) -�,`i�ltr✓Jf c one-year extensions at the City's option. ` 5. LICENSES The VENDOR represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide janitorial products and materials, including a City business license, and that such licenses and approvals shall y be maintained throughout the term of this Contract. CL xs 0 L CL �a L 0 to T ti v r I U M Owls m c d E t ca a 1 11 RFQ P-14-12 a Janitorial Products&Supplies PRICE FORM REQUEST FOR QUOTES: RFQ F-14-12 DESCRIPTION OF RFQ: Janitorial Products and Materials COMPANY NAME/ADDRESS: UniSource 6565 VaII,y View Stre et La Palma, CA 90623 NAME OF AUTHORIZED REPRESENTATIVE PRINT NAME TELEPHONE NO. ac)CJ 0 FAX NO, -1U° L FIRM FIXED PRICE a. Green No-Touch White Roll Towel 6x900 case alat1 G %t:L& b. Envision Brown Single Fold Paper Towels 16x250 case G., f-I...3 a L/ `! c. Clean & Soft White 1-Ply Bath Tissue 96/1000 case o q vj /4"7 `yz.liz6u / a d. Seat.Covers 20 Packs of 250/case (case only) case e. Germicidal Ultra Bleach 4/gallon case f. Super Gloss 22% High-Solids Super-Durable 0 Fllp.or Finish 4 1 case $ 06 33 a g. #24 Steelhead Cotton Mop case /0 V'NO,7q h. Little Dipper Bowl Mop each $ /u/3nC b/ ~y i. Nitrile Disposable Powder Free General Purpose Gloves, Medium case $ -/U TOTAL FIRM FIXED PRICE: 13 Packet Pg.'177 �.J.c RFQ F-14-12 Janitorial Products&Supplies PRICE FORM (continued) Effective on or about July 1, 2013 through June 30, 2014 plus Four(4) single-year renewal options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. Option year four, if exercised, shall be effective July 1, 2017 through June 30, 2018. Are there any other additional or incidental costs that will be re wired by your firm in order to meet the requirements of the Proposal Specifications? Yes No (circle one), If you answered "Yes", please provide detail of said additiona costs: C V 3 Please indicate any elements of the Proposal Specifications that cannot be met by your o firm. °- L f'' O C Have you included in your proposal all informational items and forms as requested? Yes / No circle one). If you answered "No", lease explain: �� ( ) Y p ti d a This offer shall remain firm for 120 days from RFQ close date. 'm w 1 Terms and conditions as set forth in this RFQ apply to this proposal. a Cash discount-allowable % days; unless otherwise stated, payment terms t are Net thirty(30) days-.­ Q In signing this proposal, Offeror(s)warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. 14 Packet Pg.178 1 RFQ F-14-12 Janitorial Products&Supplies Verification of Addenda Received Addenda No: Received on: Addenda No: 'Received on: Addenda No: Received on: FIRM NAME: UnTsource Gfi55 Valley View Street N ADDRESS: _ —ha Palma, GA 90-62-3 .Q a Co C Phone: _ %> `/(. /°� / Email: a Fax: 77r'> 6 Authorized Signature: Print Name: j j� N Title: Ll •� a� Y V t0 a m IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: as E w w a 15 Packet Pg. 179 RFQ F-14-12 Janitorial Products&Supplies SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION a WORK OR CONTRACTOR CITY in TRADE ` 3 O 0 to L ti ._- _._ CV d Print Name Signature o Bidder 'm Company Name: U111SOUt'C@ E Valley View Street .c Address: La Palma, CA 90623 w w Q REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 16 Packet Pg.180 RFQ F-14-12 Janitorial Products&Supplies NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-14-12, UNISOURCE WORLDWIDE INC. Business Name a O. Business Address f `^;�' r_ �-, �., •� ,rr - -� � 1���,%�'� 0a 1 � w Signature of bidder X , ^. /(..• -�� 0 Place of Residence Subscribed and sworn before me this t> '� day of , 20 /..3. Notary Public in and for the County of �:�i /! �_ , State of California. m 5� 20 = My commission expires: E L v R Q Commission#2040236 a Notary Public-California z Orange County J M Comm.Ex Iras Oct t 2017 17 _Packet Pg.-181'° AC° CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) ��- 0912317.013 12013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. _NAME.___--__-- 7wo Alliance Center -LALoixt) _(arc�yo 3560 Lenox Road,Suite 2400 E-MAIL ------ --- -- Atlanta,GA 30326 ADDRESS: -- _ INSURER(S)AFFORDING COVERAGE NAIC# 273227-ALL-GAWU-12-13 INSURER A:ACE American Insurance Company 22667 INSURED INSURERS:NIA NIA UWWHOLDINGS,INC. -- — ------ 6600 GOVERNORS LAKE PARMIAY INSURER C: NORCROSS,GA 30071 INSURER 0: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003209890-01 REVISION NUMBER:6 rn d THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD Q INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W17H RESPECT TO WfitCH THIS Q, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 3 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ADDLT8UBR POLICY EFF POLICY EXP — — 06 LTR TYPE OF INSURANCE f POLICY NUMBER MMIDDlYYY�MMIDDNYYY i — LIMITS A GENERAL LIABILITY HDO 627013764 11/03/2012 11/0312013 EACH OCCURRENCE $ 2,000,000 . X COMMERCIAL GENERAL LIABILITY PEAAGL`YGfi R7'E�v—• 100,000 7 _PREMISES�aoccurrencei $ -O CLAIMS-MADE M OCCUR MED FRCP(Any one person) 10,000 C PERSONAL a ADV INJURY $ 2,000,000 d GENERAL AGGREGATE_ $ v--4,0W,00D M GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 41000,000 .O X POLICY PRO- $ JECT —— w LOC -- -- _ A AUTOMOBILE LIABILITY ISA H0871220 11/0312012 11/03/2013 COMBINED SINGLE LIMIT R �Ea accident 3.000,000 n X ANY AUTO BODILY INJURY(Per person) $ ALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE _AUTOS $ v Per accident_ UMBRELLA LIAR d OCCUR EACH OCCURRENCE $ Y — V -- EXCESS t.lAa — CLAIMS-MADE AGGREGATE — -$-_---'_—'v 0. DED ftE'1'ENTIONS $ A WORKERS COMPENSATION WLR[47124$2](ADS) 111031201 2 11012013 X WC STATU- 0TH. Y _ER__..-.-:-......_-..-_....-_-- m A AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN SCF 047124839(W[) 11103/2012 1110312013 1,000,000 OFFICERIMENIBER EXCLUDED? NIA E.L.EACH ACCIDENT $ w 1,000,000 (Mandatory In and E.L.DISFASE-EA EMPLOYE $ _ d N yes,describe under _ 1,000,000 E DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ � U f� y+ w Q DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) RE:BID F-14-12 PROOF OF INSURANCE FOR BID. CERTIFICATE HOLDER CANCELLATION CITY OF SAN BERNARDINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:VANESSASANCHEZ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 300 N D ST,4TH FLOOR ACCORDANCE WITH THE POLICY PROVISIONS. SAN BERNARDINO,CA 92418 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjeea�sxnF ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 182 731 KEE.'p FOR YOUR.RECORDS CITY OF SAN BER.NARDINO HUSINM REGIsTIZATION CER710CATI ACCOUNT This Isusiness Registration Certiti"lo does not indicate the legal operation of this business at this location. Other approvals by other City ACCT NO, 19.595 N�i5�II3�I3 departntrsds,such a Development servlecs nmy be required.This Certificate Is issued without verification that the certificate is subject to or exempt from licensing by the state of Cautemia. DA11 PAID 10/29/2012 19595 RENEWAL The Bushtess Owner is responsible for timely rcnewnl. Not receiving a renewal notice(ar any rmon does not relieve responsibility for timely payment.Ifnot paid within 30 days of the expiration date shown,a 50%penalty will be im osct4 r•'�`7.Ia!•1(� "'•., Pe Y P 620 ' i1%iX't:� .a�.00 BUSINESS CLASS: DEIdVERY TRUCK EXPIRATION DATE S�,:d�, .� ,�;,�,c� DATE PAID NOTES: 9/30/2013 :=' 10/29/2012 BUSINESS L OCAT[orr: 2600 COMMERCE WAY t''.,,t;�:•I OWNER,FIRM OR '•CIS,Ylj AL DRAGONI r;. CORPORATION 70tii' �i. � �<�F�rIY[t1 )31,ISINI:SS NAME UNISOURCE WORLDWIDE INC et!�w.f'lj�%, BALANCE $0,00 ATTENTION MAILING ADDRESS 7016 A C SKINNER PKWY Cyco1g'CFL il9• rs�i L�'[a I�FY1217G/. JACKSONVILLE, FL, 32256-6927 CITY(L)',M CITY OF SAN E3[=RNARDINO Off. O m v O O L a �a L O ,F+ r N . r+ • O Y V ITS a m as E m ..r a i REFERENCES LA AREA CITY OF LONG BEACH 333 W OCEAN BLVD./PLAZA LEVEL LONG BEACH, CA 90802 PH: 562-570-6048 CONTACT: LENORE BLUEFORD ORANGE COAST COLLEGE 1370 ADAMS AVE COSTA MESA, CA 92626 N PH:714-432-5590 CONTACT: ERIC CONOVER a xs LOS ANGELES UNIFIED SCHOOL DISTRICT 8525 REX ROAD 0 PICO RIVERA, CA 90660 a` PH: 562-654-9311 L CONTACT: SUZIE WANG w Sodexo, Thomas Allen, 4650 Sunset Blvd, N Los Angeles, CA 90027,799-389-6964, Y Jcortez .CHLA.USC.EDU a 'm City of LA Airports d Linh Hua, E 999 East 95! St, Los Angeles, CA 90092, 293-928-9535, a Linh.hua(a),lacity.ora COUNTY OF RIVERSIDE 2980 WASHINGTON ST RIVERSIDE, CA 92504 WALTER MACK 951-955-4937 2012-PRESENT Packet Mg.184 VENDOR PURCHASE AGREEMENT This Vendor Purchase Agreement is entered into this 4th day of November, 2013, by and between Unisource Worldwide, Inc. ("VENDOR') and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire janitorial products & supplies and; Q WHEREAS, The City of San Bernardino did solicit and accept quotes from available 3 co Ca vendors for such janitorial products& supplies; and 0 WHEREAS, VENDOR is the lowest bidder to provide said materials to City; and L- 0- NOW,THEREFORE, the parties hereto agree as follows: o r 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of N VENDOR to provide those products and materials as set forth in RFQ F-14-12, a copy of 0 .N which is on file in the Public Works Department and a copy of the Price Form is attached cc hereto as Attachment"1" and incorporated herein. 2. COMPENSATION AND EXPENSES. d E a. For the services delineated above, the CITY, upon presentation of an invoice, shall a pay the VENDOR up to the amount of$34,200 for FY 13/14 and $65,000 for each year of option years 1 through 4 for the purchase of janitorial products & supplies pursuant to the Price Form in RFQ F-14-12,Attachment"1". b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" 1 3. TERM; TERMINATION. The term of this agreement shall be from November 4, 2013 through June 30, 2014, with four (4) one-year extensions at the CITY's option. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2417. Option year four, if exercised, shall be effective July 1, 2017 through June 30, 2018. .Q This Agreement may be terminated at any time with thirty (30) days' written notice by 06 either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the so- a. Agreement. o 0 4. WARRANTY VENDOR expressly warrants that all products and services supplied to CITY by N VENDOR under this agreement shall conform to the specifications, drawings or other = 0 2 description upon which this purchase is based, shall be fit and sufficient for the purpose u intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the E CITY shall not affect VENDOR's obligations under this warranty, and such warranty shall w a survive inspections, testing, acceptance and use. VENDOR agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the CITY, when notified of such non-conformity by CITY. If VENDOR fails to correct the defects or replace non-conforming goods or services promptly, CITY may, after reasonable notice to VENDOR, make such corrections or effect cover, or cure, at VENDOR's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more Exhibit"A" 2 Packet than 60 calendars days notice before commencement of efforts by the CITY to effect cover or a cure except upon written agreement of the Parties. 5. INDEMNITY. VENDOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of VENDOR, its employees, .LD agents, or subcontractors, relating to or in any way connected with the accomplishment of the 0 co ca work or performance of service under this Agreement, unless the bodily injury or property 4 damage was actually caused by the sole negligence of the CITY, its elected officials, LO- 0- employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to 0 0 protect and defend at its own expense, including attorney's fees the CITY, its elected officials, �o employees, agents or representatives from any and all legal actions based upon such actual or N alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express c _o .NN 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 E Agreement. a w a 6, 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 Exhibit"A" 3 Picket P_ additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change or termination of the policy. 7. 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, .Q ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or n ad sexual orientation, or any other status protected by law, except as permitted in Section 12940 of the California Government Code. a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. o r VENDOR warrants that it possesses or shall obtain, and maintain a business registration ti certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other licenses, v permits, qualifications, insurance and approval of whatever nature that are legally required of c N VENDOR to practice its business or profession. a� a! 9. NOTICES. r Any notices to be given pursuant to this Agreement shall be deposited with the United z States Postal Service, postage prepaid and addressed as follows: w a TO THE CITY: Public Works Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Unisource 6565 Valley View Street La Palma, CA 90623 Telephone: 800-423-3961 Contact: Mitchel Stqowitz Exhibit"A" 4 Packet Pg. 188 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 shall be considered as attorneys' fees for the purposes of this paragraph. Attorney's fees for the City Attorney and members of his office shall be calculated based on market rate for 06 comparable services. 11. ASSIGNMENT. ° a. VENDOR shall not voluntarily nor by operation of law assign, transfer, sublet or o 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 without N CITY's prior written consent shall be void and shall constitute a breach of this Agreement and = 0 .y cause for the termination of this Agreement. Regardless of CITY'S consent, no subletting or u 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. a The parties hereto agree that all actions or proceedings arising in connection with this hall be tried and litigated either in the State courts located Agreements g 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. Exhibit"A" 5 Packet Pg.189 i 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. r 14. SUCCESSORS AND ASSIGNS. s 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 Q convenience only and shall not affect the construction or the interpretation of any of its n 06 provisions. 16. SEVERABILITY. I- 0- If any provision of this Agreement is determined by a court of competent jurisdiction to 0 0 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 v other circumstance, and the remaining provisions of this Agreement sha11 remain in full force 2 0 A and effect. I � 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the t parties, and supersedes any prior agreements and understandings relating to the subject manner w a of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 1 Exhibit"A" 6 Packet Pg. 190 VENDOR PURCHASE AGREEMENT UNISOURCE WORLDWIDE,INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date set forth below. Dated: , 2013 UNISOURCE WORLDWIDE, INC. By: Q a Its: U) 06 N a+ V .a Dated , 2013 CITY OF SAN BERNARDINO o o. 0 By: �o Allen J. Parker, City Manager Approved as to form.: ti James F. Penman, City Attorney c 0 By: C > m r � r C d E v ca Q Exhibit"A" 7 Packet Pg: 191