HomeMy WebLinkAbout22-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: 'Ken Fischer, Director Subject: Resolution authorizing the City
Manager to execute Amendment No. 1
Dept: Public Services to the Vendor Service Agreement and
increase Purchase Order Number
Date: March 14, 2008 301361 in the amount of $52,000 with
Zumar Industries, Inc., for the purchase
of traffic signs.
Meeting Date: April 7, 2008
Synopsis of Previous Council Action:
July 16, 2007- Resolution No. 2007-311- the Mayor and Common Council authorized
the execution of an Agreement with Zumar Industries, Inc. in the amount of $120,000.
Recommended Motion:
Adopt Resolution.
~^- Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution,
Amendment No. 1 to the Vendor Service
Agreement and Attachment 1.
FUNDING REQUIREMENTS: Amount: $52,000
Source: (See attached staff report)
Finance:
Council Notes:
Agenda Item No. oC~
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the City Manager to execute Amendment No. 1 to the Vendor
Service Agreement and increase Purchase Order Number 301361 in the amount of
$52,000 with Zumar Industries, Inc., for the purchase of traffic signs.
Background:
On July 16, 2007, the Mayor and Common Council authorized the execution of an
Agreement with Zumar Industries, Inc. in the amount of $120,000 for the purchase of
traffic signs.
Since the approval of this agreement staff has been working cooperatively with Zumar
Industries, Development Services staff and Police Department staff to install new
signage and replace worn or damaged signage in an effort to provide the appropriate
traffic control and direction for the benefit of the motoring public. Our combined efforts
have led to the replacement of over 1,200 signs through January of this fiscal year.
Our planned replacement activities have been impacted with some unscheduled work.
We spent approximately $28,000 to replace signs damaged in recent windstorms and
we are spending up to $7,500 for signage in the two street sweeping pilot areas. Both
of these efforts were necessary, but they have limited the funds available to continue
,~-~ with our ongoing replacement program.
Staff has ident'fiied $26,000 in project savings from a recently completed street project
and we have identified an additional $12,500 in our operating budget Materials and
Supplies account. Staff would like to utilize these funds to purchase additional street
signs. In addition, funds are also available in CIP project 250-370-5504-7488
Fluorescent School Zone Signs (TC 05-01) in the amount of $13,500. These funds are
to be used for upgrading the City's existing yellow school zone signs to the new
Caltrans standard yellow/green school zone signs.
Staff recommends the City Manager be authorized to execute Amendment No. 1 to the
Vendor Services Agreement with Zumar Industries and the Common Council further
authorize increasing Purchase Order Number 301361 by $52,000, for a total cost of
$172,000 for FY 07-08.
Financial Impact:
Funding for this increase is contained in Account No. 001-408-5111 (Materials and
Supplies) in the amount of $12,500, Account No. 250-370-5504-7488 (Upgrade School
Zone Signs) in the amount of $13,500 and savings from Account No. 129-367-5504-
7788 "H" St. 30`" St. to Edgehill Rd.) in the amount of $26,000.
Recommendation:
,.... Adopt Resolution.
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1 RESOLUTION NO.
"^' 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1
3 TO THE VENDOR SERVICE AGREEMENT AND INCREASE PURCHASE ORDER
NUMBER 301361 IN THE AMOUNT OF $52,000 WITH ZUMAR INDUSTRIES, INC.,
4 FOR THE PURCHASE OF TRAFFIC SIGNS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
g OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby
8 authorized to execute on behalf of said City Amendment No. 1 to the Vendor Service
9 Agreement between the City of San Bernardino and Zumar Industries, Inc., a copy of
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which is attached hereto, marked as Exhibit "A", and incorporated herein by this
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12 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 3.04.010.8.3 of said
15 Code "Purchases approved by the Mayor and Common Council".
16 SECTION 3. That pursuant to this determination the Director of Finance or
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his/her designee is hereby authorized to increase Purchase Order 301361 by $52,000
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19 to Zumar Industries, Inc for a total amount of $172,000. The Purchase Order shall
20 reference this Resolution No. 2008- and shall read, "Zumar Industries, Inc. for
21 the purchase of directional signs and additional traffic sign materials," and shall
22 incorporate the terms and conditions of Amendment No. 1 to the Vendor Service
~ Agreement.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1
2 TO THE VENDOR SERVICE AGREEMENT AND INCREASE PURCHASE ORDER
NUMBER 301361 IN THE AMOUNT OF 552,000 WITH ZUMAR INDUSTRIES, INC.,
3 FOR THE PURCHASE OF TRAFFIC SIGNS.
4
5 SECTION 4. The authorization to execute the above referenced Amendment
g No. 1 to the Vendor Service Agreement is rescinded ff it is not executed within sixty
7 (60) days of the passage of this resolution.
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~ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1
2 TO THE VENDOR SERVICE AGREEMENT AND INCREASE PURCHASE ORDER
NUMBER 301361 IN THE AMOUNT OF 552,000 WITH ZUMAR INDUSTRIES, INC.,
3 FOR THE PURCHASE OF TRAFFIC SIGNS.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the day of 2008, by the
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8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 BRINKER
DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
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17
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this day of
19 , 2008.
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21
Patrick J. Morris, Mayor
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~ Approved as to Form:
24 By.
~ AM S F. PENMAN
Attorney
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(~, 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
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3 This Agreement is entered into this 7th day of Apri12008, by and between
Zumar Industries, Inc. ("VENDOR") and the City of San Bernazdino ("CITY" or "San
4 Bernazdino").
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7 RECITALS
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9 A. On July 16, 2007, Zumar Industries, Inc and the City of San Bemazdino entered into
a Vendor Service Agreement for the purchase of directional signs, additional traffic
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signs for repair, removal, and replacement of damaged, faded and vandalized signs,
11 and new installation of signs for a total of $120,000, a copy of which is attached
12 hereto as "Attachment 1"and incorporated by this reference.
13 B. The CITY and VENDOR now desire to alter the Agreement to increase the amount
` 14 of the Agreement by $52,000 for a total not-to-exceed purchase price of $172,000.
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16 AGREEMENT
17 In consideration of the mutual promises contained in the Vendor Services Agreement,
18 the parties agree as follows:
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20 1. Increase Purchase Order No. 301361 by an additional $52,000.
21 2. The other provisions of the written contract aze reaffirmed as originally stated.
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1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
ZUMAR INDUSTRIES, INC.
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4 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
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6 Dated: , 2008 Zumaz Industries, Inc.
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8 By:
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Dated: , 2008 CITY OF SAN BERNARDINO
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''~ 14 By: Fred Wilson, City Manager
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17 ATTEST:
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19 Rachel Clazk, City Clerk
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~ Approved as to form:
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~ James F. Penman, City Attorney
25 By: ~.-.~-
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2007-311
ATTACHMENT "Z"
~,,,,, 1 VENDOR SERVICE AGREEMENT
2 T6ia Veedor Service Agreemeet is entered into this 16th day of July
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2007, by and between Zwnar Industries, Inc. ("VENDOR'S aad the City of San Bernardino
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5 ("CITY" or "San Bernardino").
6 WITNESSETH:
'] WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to acquire sign materials and related items; and
9 WHEREAS, the City of San Bernardino did~solicit and accept proposals and bids from
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a number of vendors for the purchase of sign materials.
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12 NOW, THEREFORE, the parties hereto agree as follows:
18 1. SCOPE OF SERVICES.
.~-~ 14 For the remuneration stipulated, San Bernardino hereby engages the services of
15 VENDOR to provide those products and services for sign materials for the maintenance of the
16 City's sign system.
17 2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
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~ pay the VENDOR up to the amount of $120,000.00 for providing sign materials.
21 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
'a2 3. TERM; SEVERABILITY. .
23 The term of this Agreement shall be for a period of one year from July 1, 2007 to June
~ 30, 2008.
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2007-311
1 This Agreement may be terminated at any time by thirty (30) days written notice by
2 either party. The terms of this Agreement shall remain in force unless mutually amended. The
3 duration of this Agreement may be extended with the written consent of both parties.
4 4. YNDEIVIIYITY.
5 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
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volunteer§ from any and all claims, actions, losses, damages and/or liability resulting from
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$ CI'TY's negligent acts or omissions arising from the CITY's performance of its obligations
9 under the Agreement.
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
11 volunteers from any and all claims; actions, losses, damages and/or liability resulting from
12 VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
18 obligations under the Agreement.
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`~..- In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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16 claim, action, loss, or damage which results from their respective obligations under the
17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
1$ comparative fault.
19 5. INSURANCE.
~ Wfrile not restricting or limiting the forgoing, during the term of this Agreement,
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VENDOR shall maintain in effect policies of comprehensive public, genera! and automobile
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~ liability insurance, in the amount of E1,000,000.00 combined single linut, and statutory
~ worker's compensation coverage, and shall file copies of said policies with the CfI'Y's Risk
~ Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
26 additional named insured in each policy of insurance provided hereunder. The Certificate of
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28 2
2007-311
1 Insurance fiunished to the CITY shall require the insurer to notify CITY of any change or
2 termination in the policy.
3 6. NON-DISCRIMINATION.
4 In the performance of this Agreement and in the hiring and recruitme~ of employees,
b VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin,
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$ ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
9 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
10 12940 of the California Government Code.
11 7. INDEPENDENT CONTRACTOR
12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
13 purposes VENDOR shall be an independent contractor and not an agent or employe of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
18 employees, and all business license, if any are required, in connection with the services to be
19 performed hereunder.
~ 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
21 VENDOR waaants that it possesses or shall obtain, and maintain a business registration
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~ certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
,~ qualifications, insurance and approval of whatever nature that are legally required of VENDOR
~ to practice its business or profession.
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2007-311
i 9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
$ States Postal Service, postage prepaid and addressed as follows:
4 TO THE CTf Y: Public Services Duector
5 300 North "D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Zumar Industries, Inc.
9719 Santa Fe Springs Road
8 Santa Fe Springs, CA 90670
9 Attention: Eric tiustafson
10. ATTORNEYS' FEES
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In the event that litigation is brought by any party in coaaection with this Agreement,
it
12 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
i$ including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
I4 its rights or remedies hereunder or the enforcement of any of the leans, conditions or
15 provisions hereof. The costs, salary and expenses of the City Attorney and member; of his
16 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
17 fees" for the ores of this h.
PmP P~~P
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11. ASSIGNMENT.
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~ VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
e~ encumber all or any part of the VENDOR'S interest in this Agreement without C1TY'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 t}iis
~ Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR
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of VENDOR'S obligation to perfomr all other obligations to be performed by VENDOR
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hereunder for the term of this Agreement.
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2007-311
1 12. VENUE.
~`~^' 2 The parties hereto agree that all actions or proceedings arising in connection with this
3 Agreement shall be tried and litigated either in the State courts located in the County of San
4 Bernardino, State of California or the U.S. District Court for the Central District of California,
b Riverside Division. The aforementioned choice of venue is intended by the parties .to be
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mandatory and not percussive in nature.
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13. GOVERNING LAW.
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9 This Agrcement shall be governed by the laws of the State of California.
10 14. SUCCESSORS AND ASSIGNS.
11 This Agreement shall be binding on and inure to the benefit of the parties to this
12 Agreement and their respective heirs, representatives, successors, and assigns.
13 15. HEADINGS.
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~ The subject headings of the sections of this Agreement are included for the purposes of
lb
16 convenience only and shag not affect the construction or the interpretation of any of its
17 provisions.
1$ 16: ENTIRE AGREEMENT; MODIFICATION.
19 This Agreement constitutes the entire agreement and the understanding between the
~ parties, and supersedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement maybe modified or amended only by a written instrument
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executed by all parties to this Agreement.
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2007-311
1 1N WITNESS THEREOF, the parties hereto have executed this Agrcement on the day
2 and date set forth below.
3 Dated: , 2007 VENDOR.
4 gy;
5 Its: -!'~"9'tn.r~
6 Dated 7 ?~P , 2007 CITY OF ARDINO
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8 By.
F ' so City Manager
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10 Approved a§ to Form:
Il By:
Jam .Penman, City Attorney
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