HomeMy WebLinkAbout26-Public Services Department
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the City
Manager to execute Amendment No. 1
to Vendor Services Agreement and
increase Purchase Order Number
300459 in the amount of $30,000.00
with Zumar Industries, Inc., for the
purchase of additional traffic signs for
repair, removal, and replacement of
damaged, faded and vandalized signs,
and installation of new signs located
throughout the City of San Bernardino.
Dept: Public Services
Date: April 12, 2007
Meeting Date: May 7,2007
Synopsis of Previous Council Action:
October 16, 2006 - Resolution No. 2006-372 - Council authorized execution of an
Agreement with Zumar Industries, Inc. in the amount of $86,897.
Recommended Motion:
Adopt Resolution
2:b1~
Signature
-
. Contact person: Ken Fischer, Director
Phone:
5140
All
Supporting data attached: Staff Report, Reso Ward:
And Amendment No. 1 to Vendor Services Agreement
FUNDING REQUIREMENTS: Amount:
$ 30,000.00
FY 06-07
Account Number 001-402-
5502
Professional/Contractual
Services
Source:
Finance:
Council Notes:
Agenda Item No. a..1,
5/1/07
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the City Manager to execute Amendment No. 1 to Vendor
Services Agreement and increase Purchase Order Number 300459 with Zumar
Industries, Inc. in the amount of $30,000.00, pursuant to Municipal Code Section
3.04.010B.3, for the purchase of additional traffic signs for repair, removal, and
replacement of damaged, faded and vandalized signs, and installation of new signs
located throughout the City of San Bernardino.
Background:
A formal bid process was initiated to solicit bids for the Sign Maintenance Program.
Zumar Industries submitted the lowest bid for the purchase of traffic signs, removal and
replacement of damaged, faded and vandalized signs, and installation of new signs
located throughout the City. On October 16, 2006, the Mayor and City Council
approved an Agreement with and Purchase Order to Zumar Industries, Inc. in the
amount of $86,897.
The Public Services Department, Street Division has identified additional funds to
purchase traffic sign materials. St?lff therefore recommends that the City Manager be
authorized to execute Amendment No. 1 to the Vendor Services Agreement, and
increase Purchase Order Number 300459 by $30,000.00 in order to purchase additional
signs and materials needed to maintain the traffic sign system for the remainder of the
fiscal year.
Financial Impact:
Funding for this increase is contained in Account Number 001-402-5502 Professional!
Contractual Services in the amount of $30,000.00.
Recommendation:
Adopt resolution.
1
2
3
4
5
6
7
8
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300459 WITH ZUMAR INDUSTRIES, INC. IN THE
AMOUNT OF $30,000, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3,
FOR THE PURCHASE OF ADDITIONAL TRAFFIC SIGNS FOR REPAIR,
REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED
SIGNS, AND INSTALLATION OF NEW SIGNS LOCATED THROUGHOUT THE
CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
9
10
11
12 Agreement between the City of San Bernardino and Zumar Industries, Inc., a copy of
13
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City Amendment No. 1 to the Vendor Services
which is attached hereto, marked as Exhibit "A", and incorporated herein by this
14
15
16
17
reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.B.3 of said
18 Code "Purchases approved by the Mayor and Common Council".
19 SECTION 3. That Zumar Industries, Inc. previously submitted the lowest bid
20 for the purchase of traffic signs for repair, removal, and replacement of damaged,
21
22
and that Zumar Industries, Inc. was awarded a Vendor Services Agreement and a
23
24
25
26
27
faded and vandalized signs, and installation of new signs in the amount of $86,897,
Purchase Order in the amount of $86,897 on October 16, 2006;
SECTION 4. That the Purchasing Manager is authorized to increase Purchase
Order Number 300459 in the amount of $30,000. The Purchase Order shall reference
this Resolution No. 2007- and shall read, "Zumar Industries, Inc. for traffic sign
28
~,~
5/'1/07
1
2
3
4
5
6
7
8
9
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300459 WITH ZUMAR INDUSTRIES, INC. IN THE
AMOUNT OF $30,000, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3,
FOR THE PURCHASE OF ADDITIONAL TRAFFIC SIGNS FOR REPAIR,
REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED
SIGNS, AND INSTALLATION OF NEW SIGNS LOCATED THROUGHOUT THE
CITY OF SAN BERNARDINO.
materials. Increase to Purchase Order in the amount of $30,000.00; total Purchase
Order amount not-to-exceed $116,897", and shall incorporate the terms and conditions
10 of Amendment No.1 to the Vendor Services Agreement.
11 SECTION 5. The authorization to execute the above referenced Amendment
12 No.1 to the Vendor Services Agreement is rescinded if it is not executed within sixty
13 (60) days of the passage of this resolution.
14 1/1
15
16
1/1
1/1
17
18 1/1
19 1/1
20 III
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300459 WITH ZUMAR INDUSTRIES, INC. IN THE
AMOUNT OF $30,000, PURSUANT TO MUNICIPAL CODE SECTION 3.04.010B.3,
FOR THE PURCHASE OF ADDITIONAL TRAFFIC SIGNS FOR REPAIR,
REMOVAL, AND REPLACEMENT OF DAMAGED, FADED AND VANDALIZED
SIGNS, AND INSTALLATION OF NEW SIGNS LOCATED THROUGHOUT THE
CITY OF SAN BERNARDINO.
1
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
9 meeting thereof, held on the
10 following vote, to wit
11
12
13
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21
22
23
24
25
26
14
15
The foregoing resolution
,2007.
Approved as to Form:
By: ;O~J/llj~~
JAMES F. PENMAN
City Attorney
27
28
day of
, 2007, by the
NAYS
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
is hereby approved this
day of
Patrick J. Morris, Mayor
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 1.
23
24 2.
25
III
26 III
27
28
EXHIBIT A
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
This Agreement is entered into this _ day of ,2007, by
and between Zumar Industries, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On October 16, 2006, Zumar Industries, Inc. and the City of San Bernardino
entered into a Vendor Services Agreement for the purchase of traffic signs for
repair, removal, and replacement of damaged, faded and vandalized signs, and
installation of new signs located throughout the City of San Bernardino for a not-
to-exceed amount of $86,897, a copy of which is attached hereto as "Attachment
I" and incorporated by this reference.
B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreement by $30,000 for a total not to exceed purchase price of
$116,897.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
The total Agreement price shall be increased by $30,000, to a not-to-exceed
amount of$116,897.
The other provisions of the written contract are reaffirmed as originally stated.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
ZUMAR INDUSTRIES, INC.
,2007
By:
Dated:
,2007
CITY OF SAN BERNARDINO
By: Fred Wilson, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Perunan
City Attorney
By:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 l.
23
24 2.
25
III
26 III
27
28
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
This Agreement is entered into this _ day of ,2007, by
and between Zumar Industries, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On October 16, 2006, Zumar Industries, Inc. and the City of San Bernardino
entered into a Vendor Services Agreement for the purchase of traffic signs for
repair, removal, and replacement of damaged, faded and vandalized signs, and
installation of new signs located throughout the City of San Bernardino for a not-
to-exceed amount of $86,897, a copy of which is attached hereto as "Attachment
I" and incorporated by this reference.
B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreement by $30,000 for a total not to exceed purchase price of
$116,897.
AGREEMENT
In consideration ofthe mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
The total Agreement price shall be increased by $30,000, to a not-to-exceed
amount of $116,897.
The other provisions of the written contract are reaffirmed as originally stated.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2007
ZUMAR INDUSTRIES, INC.
By:
Dated:
,2007
CITY OF SAN BERNARDINO
By: Fred Wilson, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By: IJ+II~
~
..
I
I
ATTACHMENT 1
2006-372
I
2 VENDOR SERVICE AGREEMENT
3 This V endor Servi~e Agreement is entered into this _I 6th_ day of _October 2006, by
4 and between Zumar Industries ("VENDOR") and the City of San Bernardino ("CITY" or "San
5 Bernardino").
6 WITNESSETH:
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best
8 interest of the CITY to acquire sign materials and related items; and
9 WHEREAS, the City of San Bernardino did solicit and accept proposals from a number of
10 vendors of such sign materials.
II NOW, THEREFORE, the parties hereto agree as follows:
12 1.
SCOPE OF SERVICES.
13 For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR
14 to provide those products and services as set forth in Exhibit "An, Technical Specification No. SB
15 # 1-06, dated August 9, 2006, attached hereto and incorporated herein by this reference.
16 2.
17
18
19
20
COMPENSA nON AND EXPENSES.
a.
For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amount of $86,897.00 for providing sign materials as
described in Exhibit A.
No other expenditures made by VENDOR shall be reimbursed by CITY,
b.
21 3. TERM; SEVERABILITY.
22 The term of this Agreement shall be for a period of one-year (s).
23 This Agreement may be terminated at any time by thirty (30) days written notice by either
24 party. The terms of this Agreement shall remain in force unless.mutually amended. The duration
25 of this Agreement may be extended with the written consent of both parties.
26 4.
27
INDEMNITY.
I
~n
2006-372
I CITY agrees to indemnify and hold hannless VENDOR, its officers, agents and volunteers
2 from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent
3 acts or omissions arising from the CITY's performance of its obligations under the Agreement.
4 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
5 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
6 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations
7 under the Agreement.
8 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
9 claim, action, loss, or damage which results from their respective obligations under the Agreement,
10 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault.
II S. INSURANCE.
12 While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR
13 shall maintain in effect policies of comprehensive public, general and automobile liability insurance,
14 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation
IS coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking
16 any work under this Agreement. CITY shall be set forth as an additional named insured in each
17 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall
18 require the insurer to notify CITY of any change or termination in the policy.
19 6. NON-DISCRIMINATION.
20 In the performance of this Agreement and in the hiring and recruitment of employees,
21 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
22 ethnic background or country of origin.
23 7. INDEPENDENT CONTRACTOR.
24 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
25 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY.
26 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax,
27
2
2006-372
I Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
2 payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses,
3 if any are required, in connection with the services to be performed hereunder.
4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
5 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
6 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to
8 practice its business or profession.
9 9.
10
NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United States
II Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY:
13
14
15 TO THE VENDOR:
16
17
18 10. ATTORNEYS' FEES
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Zumar Industries
9719 Santa Fe Springs Road
Santa Fe Springs, CA 90670
Attention: Eric Gustafson
19 In the event that litigation is brought by any party in connection with this Agreement, the
20 prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
21 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
22 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
23 costs, salary and expenses of the City Attorney and members of his office in enforcing this
24 Agreement on behalf of the CITY shall be considered as "attorn.eys' fees" for the purposes of this
25 paragraph.
26 11.
27
ASSIGNMENT.
3
~n
2006-372
I VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
2 all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
3 Any attempted assignment, transfer; subletting or encumbrance shall be void and shall constitute
4 a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's
5 consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform
6 all other obligations to be performed by VENDOR hereunder for the term of this Agreement.
7 12. VENUE.
8 The parties hereto agree that all actions or proceedings arising in connection with this
9 Agreement shall be tried and litigated either in the State courts located in the County of San
10 Bernardino, State of California or the U.S. District Court for the Central District of California,
II Riverside Division. The aforementioned choice of venue is intended by the parties to be the
12 . mandatory and not permissive in nature.
13 13. GOVERNING LAW.
14 The laws of the State of California shall govern this Agreement.
15 14. SUCCESSORS AND ASSIGNS.
16 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
17 and their respective heirs, representatives, successors, and assigns.
18 IS. HEADINGS.
19 The subject headings of the sections of this Agreement are included for the purposes of
20 convenience only and shall not affect the construction or the interpretation of any of its provisions.
21
22
23
24
25
26
27
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the parties,
and supercedes any prior agreements and understandings relating to the subject manner of this
Agreement. This Agreement may be modified or amended only by a written instrument executed by
4
~n
r
I
2006-372
I all parties to this Agreement.
2 II
3 II
4
5
6
7
8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
9 date set forth below.
Dated: ccr-'9711- ,200-,"
10
11
12 ~~aSLMt
13
14 Dated 101'1 , 200i'
IS
16
17
18 Approved as to Form:
19 JAMES F. PENMAN,
20 City Attorney
VENDOR.
BY:~~
Its: ~(~
CITY OF SAN BERNARDINO
~
By:
a k J. orris,
21
22
23
24
25
26
27
ttorney
-_...~
5
~n