HomeMy WebLinkAbout2015-163 1
RESOLUTION NO. 2015-163
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER
4 TWO TO THE VENDOR SERVICES AGREEMENT FOR PARK MAINTENANCE
5 SERVICES AT THE CITY'S NORTH PARK SITES WITH INLAND EMPIRE
LANDSCAPE
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is hereby authorized and directed to execute on behalf of
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10 the City of San Bernardino Amendment Number Two to the Vendor Services Agreement
11 Between the City of San Bernardino and Inland Empire Landscape for Park Maintenance
12 Services, a copy of which is attached hereto as Exhibit "A" and incorporated herein as though set
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forth fully at length.
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15 SECTION 2. That the authorization to execute the above referenced Agreement is rescinded if
16 not executed by both parties within sixty (60) days of the passage of this Resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER
2 TWO TO THE VENDOR SERVICES AGREEMENT FOR PARK MAINTENANCE
3 SERVICES AT THE CITY'S NORTH PARK SITES WITH INLAND EMPIRE
LANDSCAPE
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7 3rd day of August, 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ X
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11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
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NICKEL X
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16 JOHNSON X
17 MULVIHILL X
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19
Georgpa Hanna, M ,, City Clerk
2o The foregoing Resolution is hereby approved this day of Aug u *X2015.
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21 4
22
R. Carey vis, Mayor
23 City of San Bernardino
Approved as to form:
2 4 Gary D. Saenz, City Attorney
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By:
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2015-163
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
INLAND EMPIRE LANDSCAPE, INC. FOR
PARK MAINTENANCE SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 3rd day of
A,g ,G� t , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Inland Empire Landscape, Inc. (the "VENDOR") (individually CITY or VENDOR may
be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as
the "PARTIES").
WITNESSETH :
WHEREAS, on the 4th day of August, 2014, the CITY and VENDOR entered into that certain
Agreement titled VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND INLAND EMPIRE LANDSCAPE, INC. FOR PARK MAINTENANCE
SERVICES (the "Agreement") for park maintenance, restroom maintenance, and trash service at
the City's north park sites; and,
WHEREAS, on the 1St day of December, 2014, the CITY and VENDOR amended that
Agreement with the First Amendment titled AMENDMENT NUMBER ONE TO THE
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
INLAND EMPIRE LANDSCAPE, INC. FOR PARK MAINTENANCE SERVICES (the "First
Amendment") to cover additional park maintenance, restroom maintenance, and trash service at
the City's parks; and,
WHEREAS, CITY and VENDOR desire to further amend the Agreement and desire to amend
their rights, duties, and liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. That Section 2 Compensation and Services, subsection a, shall be amended to read as
follows:
"For the services delineated above, the CITY, upon presentation of an invoice, shall pay
the VENDOR up to the amount of $381,836.00 for park maintenance, restroom
maintenance and trash services at the City's north park sites for Fiscal Year 2015/16. The
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE FOR PARK MAINTENANCE SERVICES
Page 1 of 5
2015-163
total price for each subsequent option year, if exercised, may not increase more than
FIVE PERCENT (5%) over the previous fiscal year's price without written authorization
of the Mayor and Common Council."
2. That Section 3 Term; Termination shall be amended to read as follows:
"The term of this Agreement shall be from the Effective Date to June 30, 2016. The term
of this Agreement may be extended on the same provisions and conditions, except for
total price, for two one-year periods following expiration of the current term upon written
authorization of the City Manager. This Agreement may be terminated at any time upon
thirty (30) days written notice by either party."
3. That Section 9 Notices shall be amended to read as follows:
"Any notices, documents, correspondence, or other communication concerning this
Agreement or the services provided hereunder may be provided by personal delivery or
U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the
personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight
(48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE VENDOR:
Director of Parks Inland Empire Landscape
201 N "E" Street, Suite 301 2456 Kern Street
San Bernardino, CA 92401 San Bernardino, CA 92407
Either PARTY may change the address for delivery of notices by sending notice of the
change to the other PARTY in conformity with this Section."
4. Section 19 shall be added to the Agreement and shall read as follows:
"19. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In
the event that any signature is delivered by facsimile transmission or by e-mail delivery
of a ".pdf' format data file, such signature shall create a valid and binding obligation of
the PARTY executing (or on whose behalf such signature is execute) with the same force
and effect as if such facsimile or".pdf' signature page were an original thereof."
5. Section 20 shall be added to the Agreement and shall read as follows:
"20. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by
both PARTIES."
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE FOR PARK MAINTENANCE SERVICES
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2015-163
6. Section 21 shall be added to the Agreement and shall read as follows:
"21. CORPORATE AUTHORITY.
Each person executing this Agreement on behalf of the PARTIES hereto warrant that
they are duly authorized to execute this Agreement on behalf of said PARTIES and that
by doing so, the PARTIES hereto are formally bound to the provisions of this
Agreement."
7. Section 22 shall be added to the Agreement and shall read as follows:
"22. COMPLIANCE WITH LAW
VENDOR agrees to abide by all federal, state, and local laws, ordinances and
regulations."
8. Section 23 shall be added to the Agreement and shall read as follows:
"23. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this
Agreement for the period that such failure or delay is due to causes beyond its reasonable
control, including but not limited to acts of God, war, strikes or labor disputes,
embargoes, governmental orders or any other force majeure event."
9. Section 24 shall be added to the Agreement and shall read as follows:
"24. RESPONSIBILITY FOR ERRORS.
VENDOR shall be responsible for its work and results under this Agreement. VENDOR,
when requested by CITY, shall furnish clarification and/or explanation as may be
required by CITY's representative, regarding any services rendered under this Agreement
at no additional cost to CITY. In the event that an error or omission attributable to
VENDOR occurs, then VENDOR shall, at no cost to CITY, provide all necessary
services to rectify and correct the matter to the sole satisfaction of CITY and to
participate in any meeting required with regard to the correction."
10. Section 25 shall be added to the Agreement and shall read as follows:
"25. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this Agreement and any of the attached
Exhibits or Attachments, the terms set forth in this Agreement shall prevail."
11. Section 26 shall be added to the Agreement and shall read as follows:
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE FOR PARK MAINTENANCE SERVICES
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2015-163
"26. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement.
In the event an ambiguity or question of intent or interpretation arises with respect to this
Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and
in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any Party by virtue of authorship of any of the provisions of this
Agreement."
12. That the remaining terms, provisions, and conditions of the Agreement remain in full
force and effect.
[Signature Page Follows]
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE FOR PARK MAINTENANCE SERVICES
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2015-163
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
INLAND EMPIRE LANDSCAPE, INC. FOR
PARK MAINTENANCE SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: p / _, 2015 VENDOR: Inland Empire Landscape
By: /�
Its:
Dated 2015 CITY OF SAN BERNARDINO
By:
en Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE FOR PARK MAINTENANCE SERVICES
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