HomeMy WebLinkAbout2014-034 1
RESOLUTION NO. 2014-34
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXCUTION OF A VENDOR SERVICES
4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DONEGAN
TREE SERVICE AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE
5 SERVICES TO INCREASE PURCHASE ORDER NO. 2014-0000-0783 BY$6,000 TO A
6 TOTAL AMOUNT OF $30,900 TO DONEGAN TREE SERVICE FOR THE
EXPANDED TREE MAINTENANCE SERVICES TO PARKS, SAN BERNARDINO
7 SOCCER COMPLEX AND CEMETARY.
8 WHEREAS, the Parks section, the San Bernardino Soccer Complex and Cemetery are
9
in need of tree services within their premises for safety and beautification purposes.
10
WHEREAS, Donegan Tree Service, has completed such work, and has held a business
11
12 relationship with the City in the past;
13 WHEREAS, purchase order no. 2014-0000-0783 already exists with a specific amount
14 of$5,000.00 for tree maintenance service going to the cemetery out of the 106-380-0001-5505
15
— Cemetery— Other Professional Services account and $19,900.00 dollars for tree maintenance
16
17 services going to Parks out of their 001-380-0072-5505 —Parks—Other Professional Services.
18 WHEREAS, Donegan Tree Service is also able to provide tree maintenance services to
19 the San Bernardino Soccer Complex for safety and beautification purposes in the amount of
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$6,000 for the remainder of the fiscal year 2013-2014. The funds will be out of account
21
number 134-380-0001-5502 — Soccer Complex—Professional/Contractual Services.
22
23 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
24 CITY OF SAN BERNARDINO AS FOLLOWS:
25 SECTION 1. The City Manager is hereby authorized to execute a Vendor Services
26
Agreement between the City of San Bernardino and Donegan Tree Service. The Agreement is
27
28 attached hereto as Exhibit"A" and incorporated herein by this reference.
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2014-34
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2 SECTION 2. That pursuant to this Resolution the Director of Administrative Services
3 is hereby authorized to increase purchase order no. 2014-0000-0783 by $6,000 to $30,900, to
4
Donegan Tree Service, for the expanded tree maintenance services to Parks, San Bernardino
5
6 Soccer Complex and Cemetery.
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2014-34
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXCUTION OF A VENDOR SERVICES
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DONEGAN
3 TREE SERVICE AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO INCREASE PURCHASE ORDER NO. 2014-0000-0783 BY$6,000 TO A
4 TOTAL AMOUNT OF $30,900 TO DONEGAN TREE SERVICE FOR THE
EXPANDED TREE MAINTENANCE SERVICES TO PARKS, SAN BERNARDINO
5 SOCCER COMPLEX AND CEMETARY.
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
8 Common Council of the City of San Bernardino at anoint regular meeting thereof, held on
9 the 18th day of February , 2014, by the following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
MARQUEZ x
12
JENKINS x
13
14 VALDIVIA X
15 SHORETT x
16 NICKEL
X
17
JOHNSON X
18
19 MULVIHILL x
Georg nn Hann , City Clerk
21
22 The foregoing Resolution is hereby approved this �.Ot day of February , 2014.
23
WigilibkNiki/111■■•
24
Patrick . Morris, Mayor
25 ' o San Bernardino
Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By: (fCX`Ol CS-A--Ca
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2014-34
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS, PIONEER MEMORIAL CEMETARY AND THE SAN BERNARDINO
SOCCER COMPLEX
This Vendor Service Agreement is entered into this 18th day of February, 2014,
by and between Donegan Tree Service ("DONEGAN") and the City of San Bernardino ("CITY"
or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital tree maintenance services to parks, Pioneer
Memorial Cemetery and the San Bernardino Soccer Complex; and
WHEREAS, the CITY desires to continue to provide such tree maintenance services in
order to provide a safe and appealing atmosphere; and
WHEREAS, DONEGAN has demonstrated reliable experience in the operation of tree
maintenance; and
WHEREAS, the CITY desires to retain the services of DONEGAN for the purpose of
tree maintenance for Parks, Pioneer Memorial Cemetery and the San Bernardino Soccer
Complex.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
DONEGAN shall, perform and carry out in a good and professional manner the following
services:
a. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics in all City parks.
1
EXHIBIT "A"
2014-34
b. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics at Pioneer Memorial Cemetery.
c. Provide crew and equipment for tree trimming and maintenance at San Bernardino
Soccer Complex, including debris removal.
d. DONEGAN shall immediately contact the Parks, Recreation and Community Services
Department for concerns requiring City staff attention.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay DONEGAN up to the amount of$30,900.00 at the rates for services set forth in
Attachment"1."
b. No other expenditures made by DONEGAN shall be reimbursed by CITY.
c. DONEGAN shall provide the CITY with a concise accounting of expenditures of
each installment at the close of each month as noted herein in Section 3.
3. RECORDS AND INSPECTIONS.
DONEGAN shall maintain full and accurate records with respect to all matters covered
under this agreement.
4. TERM; SEVERABILITY.
The term of this Agreement is from August 1, 2013 through June 30, 2014. Either party may
terminate this Agreement at any time by thirty (30) days' written notice. The terms of this
Agreement shall remain in force unless mutually amended in writing.
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2014-34
5. INDEMNITY.
DONEGAN 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 DONEGAN, 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, DONEGAN 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. DONEGAN 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 DONEGAN relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, DONEGAN
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 as required by law, 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 Certificates of
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2014-34
Insurance furnished to the CITY shall require the insurer to notify CITY in writing at least ten
(10) days in advance of any change or termination in the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
DONEGAN shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
8. INDEPENDENT CONTRACTOR.
DONEGAN shall perform work tasks provided by this Agreement, but for all intents and
purposes DONEGAN shall be an independent contractor and not an agent or employee of the
CITY. DONEGAN 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 DONEGAN and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
9. ASSIGNMENT OR SUBCONTRACTING.
DONEGAN shall not assign this Agreement, or any portion thereof without the written consent
of CITY. Any attempt by DONEGAN to assign or subcontract any performance of this
Agreement without the written consent of the CITY shall be null and void and shall constitute a
breach of this Agreement.
10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
DONEGAN warrants that it possesses, or shall obtain prior to execution of this
Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the
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2014-34
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of DONEGAN to practice its business or profession.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
15. 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
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2014-34
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
15. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
17. 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 DONEGAN:
Parks, Recreation and Donegan Tree Service
Community Services Department 2235 West Darby St.
201 North"E" Street, 3rd Fl., Suite 301 San Bernardino, CA 92407
San Bernardino, CA 92401 (909) 889-4304 Fax (909) 887-3460
(909) 384-5233 Fax (909) 384-5160
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2014-34
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS, PIONEER MEMORIAL CEMETARY AND THE SAN BERNARDINO
SOCCER COMPLEX
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2014 Dated: , 2014
CITY: City of San Bernardino VENDOR: Donegan Tree Service
By: By:
Allen J. Parker, City Manager Garth Donegan, Owner
Approved as to Form:
Gary D. Saenz, City Attorney
By• UCI VJl ak;
7
2014-34
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS,PIONEER MEMORIAL CEMETARY AND THE SAN BERNARDINO
SOCCER COMPLEX
This Vendor Service Agreement is entered into this 18th day of February, 2014,
by and between Donegan Tree Service ("DONEGAN") and the City of San Bernardino ("CITY"
or"San Bernardino").
WITNESSETH:
WHEREAS, the CITY has provided vital tree maintenance services to parks, Pioneer
Memorial Cemetery and the San Bernardino Soccer Complex; and
WHEREAS, the CITY desires to continue to provide such tree maintenance services in
order to provide a safe and appealing atmosphere; and
WHEREAS, DONEGAN has demonstrated reliable experience in the operation of tree
maintenance; and
WHEREAS, the CITY desires to retain the services of DONEGAN for the purpose of
tree maintenance for Parks, Pioneer Memorial Cemetery and the San Bernardino Soccer
Complex.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
DONEGAN shall, perform and carry out in a good and professional manner the following
services:
a. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics in all City parks.
1
EXHIBIT "A"
2014-34
b. Provide the services of tree trimming, dead tree removal, stump removal and grinding,
raising and lowering of limbs for safety and aesthetics at Pioneer Memorial Cemetery.
c. Provide crew and equipment for tree trimming and maintenance at San Bernardino
Soccer Complex, including debris removal.
d. DONEGAN shall immediately contact the Parks, Recreation and Community Services
Department for concerns requiring City staff attention.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay DONEGAN up to the amount of$30,900.00 at the rates for services set forth in
Attachment"1."
b. No other expenditures made by DONEGAN shall be reimbursed by CITY.
c. DONEGAN shall provide the CITY with a concise accounting of expenditures of
each installment at the close of each month as noted herein in Section 3.
3. RECORDS AND INSPECTIONS.
DONEGAN shall maintain full and accurate records with respect to all matters covered
under this agreement.
4. TERM; SEVERABILITY.
The term of this Agreement is from August 1, 2013 through June 30, 2014. Either party may
terminate this Agreement at any time by thirty (30) days' written notice. The terms of this
Agreement shall remain in force unless mutually amended in writing.
2
2014-34
5. INDEMNITY.
DONEGAN 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 DONEGAN, 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, DONEGAN 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. DONEGAN 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 DONEGAN relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
6. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, DONEGAN
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 as required by law, 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 Certificates of
3
• 2014-34
Insurance furnished to the CITY shall require the insurer to notify CITY in writing at least ten
(10) days in advance of any change or termination in the policy.
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
DONEGAN shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
8. INDEPENDENT CONTRACTOR.
DONEGAN shall perform work tasks provided by this Agreement, but for all intents and
purposes DONEGAN shall be an independent contractor and not an agent or employee of the
CITY. DONEGAN 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 DONEGAN and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
9. ASSIGNMENT OR SUBCONTRACTING.
DONEGAN shall not assign this Agreement, or any portion thereof without the written consent
of CITY. Any attempt by DONEGAN to assign or subcontract any performance of this
Agreement without the written consent of the CITY shall be null and void and shall constitute a
breach of this Agreement.
10. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
DONEGAN warrants that it possesses, or shall obtain prior to execution of this
Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the
4
2014-34
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of DONEGAN to practice its business or profession.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
15. 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
5
2014-34
•
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
15. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
17. 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 DONEGAN:
Parks, Recreation and Donegan Tree Service
Community Services Department 2235 West Darby St.
201 North"E" Street, 3rd Fl., Suite 301 San Bernardino, CA 92407
San Bernardino, CA 92401 (909) 889-4304 Fax (909) 887-3460
(909) 384-5233 Fax (909) 384-5160
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2014-34
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND DONEGAN TREE SERVICE FOR TREE TRIMMING SERVICES AT CITY
PARKS, PIONEER MEMORIAL CEMETARY AND THE SAN BERNARDINO
SOCCER COMPLEX
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
___7L-----'2 --;-.' ' 2014 Dated: 3/(57/Y'" , 2014
CITY: City of San Bernardino VENDOR: Donegan Tree Service
By: By:
A n J. Parker, City Manager Garth Donegan, Owner
Approved as to Form:
Gary D. Saenz, City Attorney
By: l it∎oi GwcC —1
7