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HomeMy WebLinkAbout2018-296Resolution No. 2018-296 RESOLUTION NO. 2018-296 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CRIME SCENE STERI-CLEAN LLC WHEREAS, crime scene and other bio hazardous clean-up services are necessary for public places and to reduce the risk of biohazard exposure to citizens and employees; and WHEREAS, the City did solicit and accept quotes from available vendors for crime scene clean-up services per RFQ F-19-05; and WHEREAS, Crime Scene Steri -Clean, LLC, was selected as the most qualified and best option for the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute on behalf of the City an Agreement between the City of San Bernardino and Crime Scene Steri -Clean, LLC, a copy of which is attached hereto, marked Attachment 1, and incorporated herein by this reference as fully as though set forth at length. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Resolution No. 2018-296 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of November 2018. J �, R. Carey Da�'s, Mayor City of San Bernardino Attest: Georgeann Ha a, CMC, Ci Clerk Approved as to form: Ir GW&& - Gary D. Saenz, ity Attorney Resolution No. 2018-296 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-296 adopted at a regular meeting held at the 7th day of November 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS J VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _ WITNESS my hand and official seal of the City of San Bernardino this 7th day of November 2018. Georgeann Hdhna, CMC, City Clerk VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CRIME SCENE STERI-CLEAN, LLC, FOR CRIME SCENE CLEAN UP SERVICES FOR THE SAN BERNARDINO POLICE DEPARTMENT This Vendor Services Agreement is entered into this 7th day of November by and between Crime Scene Steri -Clean, LLC ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract with the Vendor for crime scene cleanup services; and WHEREAS, the City did solicit and accept quotes from available vendor for crime scene cleanup services NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide crime scene cleanup services as requested by the Police Department. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$50,000.00 for crime scene cleanup services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERNIINATION. The term of this Agreement shall be for the period of July 1, 2018 through June 30, 2019 with the option for three additional fiscal years ending June 30, 2022. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration ofthis Agreement maybe extended with the written consent ofboth parties. 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 omisswns. 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 parry 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. 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 o51,000,000.00 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 in, 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 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. 8. 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 MunicipalCode, 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 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 THE VENDOR: Andrea M. Miller CityManager City of San Bernardino 290 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Kelley Collins Chief Operations Officer Crime Scene Steri -Clean, LLC 9785 Crescent Center Dr., Ste 302 Rancho Cucamonga, CA 91730 Telephone: (888) 577-7206 ext. 113 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 in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes ofthis paragraph. 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 perform all other obligations to be performed by VENDOR hereunder for the term ofthis 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 prMsionS. 16. 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 other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either parry 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. 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. 4 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CRIME SCENE STERI-CLEAN, LLC FOR CRIME SCENE CLEAN UP SERVICES FOR THE SAN BERNARDINO POLICE DEPARTMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: _ EZ-! �/ .2018 Dated: I I " 2 � , 2018 Approved as to Form: Gary Saenz, City Attorney ATTEST: Georgeann anna, CM , CityClerk VENDOR By: - It's: efio'c., CITY OF SAN BERNARDINO By. LM. An T -ea Miller, City Manager