HomeMy WebLinkAbout24-Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution authorizing the
execution of an agreement and
Dept: Public Services purchase order in the amount of
$300,000.00 by renewing its third year
Date: June 21, 2007 option between the City of San
Bernardino and West Coast Arborists
Inc. pursuant to Section 3.04.010 B-3 of
the Municipal Code for contract services
utilized by the Public Services
Department, Street Division for tree
trimming services throughout the City of
San Bernardino.
Meeting Date: July 16, 2007
Synopsis of Previous Council Action:
Resolution No. 2007-91 3/19/07 Mayor and Common Council authorized an increase of
$30,000.00 to purchase order number 207139
Recommended Motion:
Adopt Resolution
ignature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached-. Budget Ward: All
Amendment/Transfer Request
FUNDING REQUIREMENTS: Amount: $ 300,000.00
Source: FY 07-08
Account 001-404-5502
Finance:
Council Notes: � � 'WO 7- �-55-
Agenda Item No. aq
7/�� v 7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $300,000.00 by renewing its third year option between the City of San
Bernardino and West Coast Arborists Inc. pursuant to Section 3.04.010 B-3 of the
Municipal Code for contract services utilized by the Public Services Department, Street
Division for tree trimming services throughout the City of San Bernardino.
BACKGROUND:
The Public Services Department, Street Division is responsible for trimming 52,000
trees. A formal bid process was initiated to solicit bids for the tree-trimming contract.
West Coast Arborists submitted the lowest bid for the tree-trimming contract, in
September 2004 with three single year renewal options. Staff would like to renew its
third year's option for FY 07-08. The Public Services Department, Street Division will go
out to bid for tree trimming services next fiscal year.
The FY 06-07 tree-trimming contract budget was for $250,000.00. On March 19, 2007
the Mayor and City Council approved an increase to the tree trimming purchase order in
the amount of $30,000.00.
On March 28, 2007, West Coast Arborists sent the City of San Bernardino a letter
stating that they had to increase their prices by 3.5 percent based on the Consumer
Price Index. Staff recommends acceptance of the increase for fiscal year 2007/2008.
West Coast Arborists has been reliable in providing us with tree-trimming services.
The additional $50,000.00 in the FY 2007-08 budget allow the Public Services
Department to trim an additional 1,081 trees per year. Staff, therefore, recommends that
Council authorize the execution of an agreement and purchase order in the amount of
$300,000.00 to allow the Public Services Department to continue trimming trees
Citywide.
FINANCIAL IMPACT:
Funds are available and have been budgeted in the FY 07-08, Account Number 001-
404-5502.
RECOMMENDATION:
Adopt resolution.
COPY
1 RESOLUTION NO.
2 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER IN THE AMOUNT OF $300,000.00 BY RENEWING ITS
3 THIRD YEAR OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST
COAST ARBORISTS INC. PURSUANT TO SECTION 3.04.010 B-3 OF THE
4 MUNICIPAL CODE FOR CONTRACT SERVICES UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT, STREET DIVISION FOR TREE TRIMMING SERVICES
THROUGHOUT THE CITY OF SAN BERNARDINO.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager of the City of San Bernardino is hereby
9
authorized to execute on behalf of said City an Agreement between the City of San
10
Bernardino and West Coast Arborists Inc., a copy of which is attached hereto, marked
11
12 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
13 SECTION 2. This purchase is exempt from the formal contract procedures of
14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
15 Code.
16 SECTION 3. That West Coast Arborists submitted the lowest quote for contract
17
services for tree trimming services within the City of San Bernardino in the amount of
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19 $300,000.00. Pursuant to this determination the Purchasing Manager is hereby
20 authorized to issue a purchase order to West Coast Arborists in the amount of
21 $300,000.00.
22 SECTION 4. The Purchase order shall reference this Resolution No.
23 2007 and shall read, "West Coast Arborists for the contract services for tree
24 trimming services throughout the City of San Bernardino."
25
26
..r 27 HI
28 U � T
1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER IN THE AMOUNT OF $300,000.00 BY RENEWING ITS
2 THIRD YEAR OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST
COAST ARBORISTS INC. PURSUANT TO SECTION 3.04.010 B-3 OF THE
3 MUNICIPAL CODE FOR CONTRACT SERVICES UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, STREET DIVISION FOR TREE TRIMMING SERVICES
4 THROUGHOUT THE CITY OF SAN BERNARDINO.
5 SECTION 5. The authorization to execute the above referenced Purchase
6
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
7
8 passage of this resolution.
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Ill
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26 111
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1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER IN THE AMOUNT OF $300,000.00 BY RENEWING ITS
2 THIRD YEAR OPTION BETWEEN THE CITY OF SAN BERNARDINO AND WEST
COAST ARBORISTS INC. PURSUANT TO SECTION 3.04.010 B-3 OF THE
3 MUNICIPAL CODE FOR CONTRACT SERVICES UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, STREET DIVISION FOR TREE TRIMMING SERVICES
4 THROUGHOUT THE CITY OF SAN BERNARDINO.
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Mayor and Common Council of the City of San Bernardino at a
7
8 meeting thereof, held on the day of 2007, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 BRINKER
14
DERRY
15
16 KELLEY _
17 JOHNSON
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
2007.
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24
ApproVeU as to Form:
25 By.'
mes F. Penman
26 ity Attorney
27
28
I
1 VENDOR SERVICE AGREEMENT
2
3 This Vendor Service Agreement is entered into this 16th day of July
4 2007, by and between West Coast Arborists ("VENDOR") and the City of San Bernardino
5 ("CITY" or"San Bernardino").
6
WITNESSETH:
7
8 WHEREAS, the Mayor and Common Council has determined that it is advantageous
9 and in the best interest of the CITY to contract for tree trimming services throughout the City
10 of San Bernardino; and
11 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
12 vendors for the tree trimming services.
13
NOW, THEREFORE, the parties hereto agree as follows:
,vow, 14
1. SCOPE OF SERVICES.
15
16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services as set forth in this purchase agreement are to
18 perform tree trimming; tree removal and emergency response services.
19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
pay the VENDOR up to the amount of$300,000.00 for tree trimming services.
22
23 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
24
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28 1
Exhibit "A"
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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 of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR'S performance of its
g p
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
2
Exhibit"A"
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
2 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
6
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
7
8 discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 7. INDEPENDENT CONTRACTOR.
13
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
14
purposes VENDOR shall be an independent contractor and not an agent or employee of the
15
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business license, if any are required, in connection with the services to be
20 performed hereunder.
21
S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22
23 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
24 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
26 to practice its business or profession.
27
28 3
Exhibit "A"
1 9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Department
5 Ken Fischer, Director
300 North "D" Street
6 San Bernardino, CA 92418
Telephone: (909) 384-5140
7
TO THE VENDOR: West Coast Arborists Inc.
8 2200 E. Via Burton Street
9 Anaheim, CA 92806
Telephone: (714) 991-1900
10
10. ATTORNEYS' FEES
11
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
18
19 fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
25
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
26
27
28 4
Exhibit"A"
1
i
1
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
6
Bernardino, State of California or the U.S. District Court for the Central District of California,
7
8 Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandatory and not permissive in nature.
10 13. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12 14. SUCCESSORS AND ASSIGNS.
13 This Agreement shall be binding on and inure to the benefit of the parties to this
NOW 14
Agreement and their respective heirs, representatives, successors, and assigns.
15
16 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21
This Agreement constitutes the entire agreement and the understanding between the
22
23 parties, and supersedes any prior agreements and understandings relating to the subject manner
24 of this Agreement. This Agreement may be modified or amended only by a written instrument
25 executed by all parties to this Agreement.
26 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
27 and date set forth below.
28 5
Exhibit "A"
1 Dated: , 2007 VENDOR.
2 By:
3 Its:
4 Dated 12007 CITY OF SAN BERNARDINO
5 By:
6 Fred Wilson, City Manager
Approved as to Form:
7
By.
8
James F. Penman, City Attorney
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Exhibit "A"
1 VENDOR SERVICE AGREEMENT
2
3 This Vendor Service Agreement is entered into this 16th day of July
4 2007, by and between West Coast Arborists ("VENDOR") and the City of San Bernardino
5 ("CITY" or"San Bernardino").
6
WITNESSETH:
7
WHEREAS, the Mayor and Common Council has determined that it is advantageous
8
9 and in the best interest of the CITY to contract for tree trimming services throughout the City
10 of San Bernardino; and
11 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
12 vendors for the tree trimming services.
13 NOW, THEREFORE, the parties hereto agree as follows:
14
1. SCOPE OF SERVICES.
15
For the remuneration stipulated, San Bernardino hereby engages the services of
16
17 VENDOR to provide those products and services as set forth in this purchase agreement are to
18 perform tree trimming; tree removal and emergency response services.
19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21 pay the VENDOR up to the amount of$300,000.00 for tree trimming services.
22
23 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
24
25
26
27
28 1
6
1
i
OWN 1 3. TERM; SEVERABILITY.
2 The term of this Agreement shall be for a period of one year.
3 This Agreement may be terminated at any time by thirty- (30) days written notice by
4 either party. The terms of this Agreement shall remain in force unless mutually amended. The
5
duration of this Agreement may be extended with the written consent of both parties.
6
4. INDEMNITY.
7
8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
9 volunteers from any and all claims, actions, losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
11 under the Agreement.
12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
13
volunteers from any and all claims, actions, losses, damages and/or liability resulting from
14
15 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
16 obligations under the Agreement.
17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
18 claim, action, loss, or damage which results from their respective obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
20 comparative fault.
21
5. INSURANCE.
22
23 While not restricting or limiting the forgoing, during the term of this Agreement,
24 VENDOK shall maintain in effect policies of comprehensive public, general and automobile
25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
26 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28 2
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
2 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
6
7 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
8 discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 INDEPENDENT CONTRACTOR.
13
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
14
15 purposes VENDOR shall be an independent contractor and not an agent or employee of the
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business license, if any are required, in connection with the services to be
20 performed hereunder.
21
22 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
23 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
24 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
26 to practice its business or profession.
27
28 3
I
1 9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Department
5 Ken Fischer, Director
300 North "D" Street
6 San Bernardino, CA 92418
7 Telephone: (909) 384-5140
8 TO THE VENDOR: West Coast Arborists Inc.
2200 E. Via Burton Street
9 Anaheim, CA 92806
Telephone: (714) 991-1900
10
10. ATTORNEYS' FEES
11
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17
18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
19 fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
25
26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
27
28 4
1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
6
Bernardino, State of California or the U.S. District Court for the Central District of California,
8 Riverside Division. The aforementioned choice of venue is intended by the parties to be
9 mandatory and not permissive in nature.
10 13. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12 14. SUCCESSORS AND ASSIGNS.
13 This Agreement shall be binding on and inure to the benefit of the parties to this
14
15 Agreement and their respective heirs, representatives, successors, and assigns.
16 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21
22 This Agreement constitutes the entire agreement and the understanding between the
23 parties, and supercedes any prior agreements and understandings relating to the subject manner
of this A
24 greement. This Agreement may be Modified or amended only by a written instrument
25 executed by all parties to this Agreement.
26 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
27 and date set forth below.
28 5
1 Dated: _ _ _ 2007 VENDOR.
2 By:
3 Its:
4 Dated _ , 2007 CITY OF SAN BERNARDINO
5
By:
6 Fred Wilson, City Manager
Approved as to Form:
7
Bv:
8 Jame . m
Penan, City Attorney
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