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Home My WebLink About2017-033 1 RESOLUTION NO. 2017-33 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, AUTHORIZING THE APPROPRIATION OF $20,000.00 INTO ADOPTED FY2016/17 BUDGET, ISSUANCE OF A PURCHASE 4 ORDER TO G&S CARPET MILLS, INC., AND EXECUTION OF A VENDOR 5 SERVICE AGREEMENT BETWEEND THE CITY OF SAN BERNARDINO, CALIFORNIA AND G&S CARPET MILLS, INC. 6 WHEREAS, the City of San Bernardino, California is authorized to use the lowest 7 bidder from RFP F-17-01. 8 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 9 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. That the City Manager is hereby authorized to execute a Vendor 11 Service Agreement between the City of San Bernardino, California and G&S Carpet Mills, 12 Inc., attached hereto as Exhibit `B". 13 SECTION 2. That the Director of Finance is authorized to amend the Adopted 14 15 FY2016/17 budget by appropriating an additional $20,000.00 in the Development Impact Fees 16 Fund (DIFF) account number 261-210-0114-5505, and issue a purchase order to G&S Carpet 17 Mills, Inc. in the amount of$169,795.44. 18 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE APPROPRIATION OF 2 $20,000.00 INTO ADOPTED FY2016/17 BUDGET, ISSUANCE OF A PURCHASE ORDER TO G&S CARPET MILLS, INC., AND EXECUTION OF A VENDOR 3 SERVICE AGREEMENT BETWEEND THE CITY OF SAN BERNARDINO, 4 CALIFORNIA AND G&S CARPET MILLS,INC. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and City Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 6th day of March, 2017, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA XLS) 13 14 SHORETT X 15 NICKEL X (MZ 16 RICHARD X 17 MULVIHILL X 18 19 Georgea Hanna,"C C, City Clerk 20 21 The foregoing Resolution is hereby approved this�_day of �'� , 2017. 22 23 24 R. Carey Dav' , Mayor City of San Wmardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 ` By: 28 2 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDIN AND G&S CARPET MILLS, INC. FOR REPLACEMENT OF CARPET AND FLOORING AT THE POLICE DEPARTMENT This Vendor Services Agreement is entered into this t0 day of Mok by and between G & S Carpet Mills Inc. ("VENDOR") and the City of San Bernardino, California ("CITY" or "San Bernardino"). SCOPE OF SERVICES. VENDOR shall replace carpet and flooring at the San Bernardino Police Dept., 710 North "D" Street, San Bernardino, A. per quote on RFQ F`-17-01. 2. COMPENSATION AND EXPENSES. I. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $169,795.44 for materials & labor. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Aueement shall be for a period of one year or until the installation o carpet and flooring is completed. This Agreement may be terminated at any time by thirty (30) days' written notice b either party. The terms of this Agreement shall remain in force unless mutually amended. Th duration of this Agreement may be extended with the written consent of both parties. I 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. VvIlle not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of 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 discrimination in employment of persons because of their race, religion, color, national origin, 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 an purposes VENDOR shall be an independent contractor and not an agent or employee of th CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment o - Income Tax, Social Security, State Disability Insurance Compensation, Unemploymen, Compensation, and other payroll deductions for VENDOR and its officers, agents, an employees, and all business license, if any are required, in connection with the services to b performed hereunder. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR 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 Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or -profession. 9. NOTICES. Any notices t® be given pursuant t® this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: City of San Bernardino 300 North I'D" Street San Bernardino,, CA 92418 G & S Carpet Mills, Inc. 3205 Pomona Blvd. Pomona,, CA 91768 RMS 10. ATTORNEYS'FEES In the event that litigation is brought by any party in connection with this Agreement, the [�revailing 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 or remedies hereunder or the enforcemeoa nt f ny of the eo trms, cndo itins or provisio rightsns hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 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 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, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State -of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Aueement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 18. 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. IN WITNESS THEREOF, the •parties hereto have executed this Agreement on the day znd date set forth below. �, Dated: D 41 '0 ated A116011"'�' / �O 2017 Approved as to Form: Gary Saenz, City Attorney 00� By: VENDOR. By: p Its: I.? V A eyrk PD Carpet Installation. Attachment I.Exhibit A Attest: Georgeann Manna, CM City Clerk