HomeMy WebLinkAbout20-Park and Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution oftbe Mayor and Common
Council of tbe City of San Bernardino
autborizing tbe City Manager to
execute Vendor Service Agreements to
Ewing in San Bernardino, California,
and to Hydroscape in San Bernardino,
California, and autborizing tbe
Director of Finance to increase
Purcbase Order No. 208185 issued to
Ewing from $24,500 to 539,500, and to
increase Purcbase Order No. 208188 to
Hydroscape from $24,000 to $39,000 for
irrigation parts and supplies.
Dept: Parks, Recreation & Community
Services Dept.
Date: March 25, 2008
MICC Meeting Date: April 21, 2008
Synopsis of Previous Council Action:
Recommended motion:
1)
That the Director of Finance be authorized to amend the FY 07/08 budget by
transferring $30,000 from Account No. 001-381-5502 (Professional and
Contractual) to 001-382-5111 (Materials and Supplies); and
Adopt Resolution. , j
2)
Signature
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Contact person: Jan Wages
Phone: 384-5233
Supporting data attached:
Ward: All Wards
FUNDING REQUIREMENTS:
Amount: $30.000
Source: (Acct. No.) 001-382-5111
(Acct. Description
Finance:
Council Notes:
....d.,tem...'1T
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the City Manager to execute Vendor Service Agreements to Ewing in San Bernardino,
California, and to Hydroscape in San Bernardino, California, and authorizing the Director
of Finance to increase Purchase Order No. 208185 issued to Ewing from $24,500 to
$39,500, and to increase Purchase Order No. 208188 to Hydroscape from $24,000 to
$39,000 for irrigation parts and supplies.
Back2round:
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The Parks, Recreation and Community Services Department utilizes two local vendors,
Ewing and Hydroscape, to supply the department's irrigation repair and maintenance needs.
In addition to the Parks Division, the Pioneer Memorial Cemetery and the Soccer Complex
purchase irrigation supplies under these purchase orders. Neither vendor carries in their
inventory all of the products needed by the department; however, between the two firms the
department can generally procure the supplies needed. At the beginning of the 07/08 fiscal
year, Purchase Order No. 208185 was issued to Ewing in the amount of $24,500, and
Purchase Order No. 208188 was issued to Hydroscape in the amount of $24,000. Both
vendors are located in San Bernardino.
Due to budget constraints, the Department was unable to address all of the irrigation repair
and maintenance issues during FY 06/07. In addition to bringing some of the deferred
maintenance current and normal wear and tear, vandalism to irrigation systems in City
parks and the cemetery has increased at an alarming rate, resulting in broken sprinklers,
broken/damaged irrigation controllers and back flow devices. The amounts allocated to the
purchase orders is insufficient to meet the department's irrigation needs through the rest of
the fiscal year; therefore, in order to continue to proactively address the department's
irrigation repair/maintenance, staff is requesting authorization to increase the purchase
orders by $15,000 each.
The Department is fully cognizant of Council's valid concerns relative to the current
condition of the General Fund budget. However, if the funding is not appropriated as
outlined in the Staff Report, the forward momentum that the Department has achieved in
the improved look and feel of our City parks will be side-lined.
Financial Imoact
C There is insufficient funding available in the Parks Division Materials and Supplies
Account to cover the cost of the requested increases to Purchase Orders No. 208185 and
208188. Therefore, staff is requesting authorization for the Director of Finance to amend
the FY 07/08 budget by transferring $30,000 from Account No. 001-381-5502 (Parks and
Recreation Administration - Professional and Contractual) to Account No. 001-382-5111
,-, (Park Maintenance - Materials and Supplies).
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Recommendation
1) That the Director of Finance be authorized to amend the FY 07/08 budget by
transferring $30,000 from Account No. 001-381-5502 (Professional and Contractual) to
001-382-5111 (Materials and Supplies); and
2) Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTEVENDORSERVICEAGREEMENTSTOE~NGINSAN
BERNARDINO, CALIFORNIA, AND TO HYDROSCAPE IN SAN
BERNARDINO, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF
FINANCE TO INCREASE PURCHASE ORDER NO. 208185 ISSUED TO E~G
FROM $24,500 TO $39,500, AND TO INCREASE PURCHASE ORDER NO.
208188 TO HYDROSCAPE FROM $24,000 TO $39,000 FOR IRRIGATION
PARTS AND SUPPLIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is authorized to execute Vendor Service
Agreements with Ewing (attached hereto and marked Exhibit "A") and Hydroscape
(attached hereto and marked Exhibit "B"); and
SECTION 2. That the Director of Finance is authorized to increase Purchase
(, 14 Order No. 208185 to Ewing in the amount of$15,000, from $24,500 to $39,500; and
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SECTION 3. That the Director of Finance is authorized to increase Purchase
Order No. 208188 to Hydroscape in the amount of$15,000, from $24,000 to $39,000; and
SECTION 4. That the authorization granted herein is void and of no effect if the
increases to the above-mentioned Vendor Service Agreements and Purchase Orders are
not executed within ninety days of the date that this Resolution is adopted.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
VENDOR SERVICE AGREEMENTS TO EWING IN SAN BERNARDINO,
CALIFORNIA, AND TO HYDROSCAPE IN SAN BERNARDINO, CALIFORNIA,
AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE
PURCHASE ORDER NO. 208185 ISSUED TO EWING FROM $24,500 TO
$39,500, AND TO INCREASE PURCHASE ORDER NO. 208188 TO
HYDROSCAPE FROM $24,000 TO $39,000 FOR IRRIGATION PARTS AND
SUPPLIES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof,
, 2008, by the following vote, to wit:
held on the _ day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
Aq~lI~
James F. Pe an, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Ewing ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to purchase irrigation parts and supplies; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such purchase of irrigation parts and
supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
The CITY hereby engages the services of VENDOR to provide those irrigation parts and
supplies.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of an invoice,
shall pay the VENDOR for purchase of irrigation parts and supplies in an amount not to exceed
$39,500.
3. TERM; TERMINATION.
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.
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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
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
C 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.
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 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
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furnished to the CITY shall require the insurer to notifY CITY of any change or termination in
the policy.
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6.
NON-D1SCRIMINA nON.
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, except as permitted pursuant to Section
12940 of the California Government Code.
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
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employees, and all business licenses, 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, 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.
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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:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 92401
Telephone: (909)384-5233
o THE VENDOR:
Ewing
1560 E. Victoria Avenue
San Bernardino, CA 92408
Telephone: (909) 796-5898
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 of this 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.
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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 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.
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 manner
17.
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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
and date set forth below.
Dated
,2008
Dated
,2008
Approved as to Form:
James F. Penman, City Attorney
By:
Ewing
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Hydroscape ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to purchase irrigation parts and supplies; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such purchase of irrigation parts and
supplies.
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
The CITY hereby engages the services of VENDOR to provide those irrigation parts and
supplies.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of an invoice,
shall pay the VENDOR for purchase of irrigation parts and supplies in an amount not to exceed
$39,000.
3. TERM; TERMINATION.
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.
III
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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
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
C 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.
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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 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 of any change or termination in
the policy.
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6.
NON-DISCRIMINATION.
In the perfonnance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor pennit 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, except as pennitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perfonn 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
C Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be
perfonned hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, pennits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
11/
11/
11/
11/
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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:
Director of Parks, Recreation and Community Services
201-A North "E" Street, Suite #103
San Bernardino, CA 92401
Telephone: (909)384-5233
TO THE VENDOR:
Hydroscape
1548 So. Mt. View
San Bernardino, CA 92408
Telephone: (909) 824-3612
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,
C 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
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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.
ll. 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.
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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.
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
15.
provisions.
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. 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 manner
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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
and date set forth below.
Dated
,2008
Dated
,2008
Approved as to Form:
James F. Penman, City Attorney
By:
Hydroscape
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
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