HomeMy WebLinkAbout19-Parks and Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution authorizing the City Manager
to execute Amendment No.1 to the
Vendor Service Agreement with Creative
Contractors, and authorizing an increase
to Purchase Order No. 301929 in the
amount of $19,690 for concrete work at
Tom Minor and Colony Parks.
Dept: Parks, Recreation & Community
Services Dept.
Date: March 31, 2008
MICC Meeting Date: April 21, 2008
Synopsis of Previous Council Action:
Jan. 7, 2008: Council adopted Resolution No. 2008-9, authorizing execution of a
Vendor Service Agreement and a purchase order to Creative Contractors
for the purchase and installation of picnic shelters at Tom Minor Park and
Colony Park.
Recommended motion:
1) That the Director of Finance is authorized to amend the FY 07/08 Budget by
transferring $4,900 from Account No. 243-363-5504-7752 to ccount\No.243-
363-5504-7756; and \
2) Adopt Resolution. .
Contact person: Jan Wages
Phone: 384-5233
Supporting data attached:
Ward: Wards 3 & 5
FUNDING REQUIREMENTS:
Amount: $19,690
Acct. No. 243-363-5504-7756 - $4,895.
Acct. No. 268-488-5504-7748-$14.795.
(Acct. Description:
Finance:
Council Notes:
11~(/ac,omerJf P~<2S
Agenda Item No. 19
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 Amendment No. I to the Vendor Service Agreement with
Creative Contractors, and authorizing the Director of Finance to increase Purchase Order
No. 301929 in the amount of $19,690, pursuant to Municipal Code Section 3.04.010B.3,
for concrete work to be performed in conjunction with the installation of picnic shelters at
Tom Minor Park and Colony Park.
Backl!round:
Council adopted Resolution No. 2008-9 on January 7, 2008, authorizing the execution ofa
Vendor Service Agreement and Purchase Order No. 301929 in the amount of $59,492 to
Creative Contractors for the purchase and installation of picnic shelters at Tom Minor Park
and Colony Park. The picnic shelters will significantly enhance the amenities available at
the parks. The parks are used for several events each year that draw from the entire city for
promotion of various city services and community events.
Subsequent to the award of contract for the installation of the picnic shelters at Tom Minor
and Colony Parks, Creative Contractors was asked to provide a quote for the concrete slabs
under the new shelters. Additionally, the contractor was asked to provide a quote for a
concrete sidewalk from the street to the new shelters at both parks, and for the installation
of a sidewalk from the shelter to the new play equipment curb, and an ADA compliant
ramp at Tom Minor Park.
The proposed Amendment No. I to the Vendor Service Agreement III the amount of
$19,690 consists of the following changes:
Tom Minor Park:
Install 3.5"D concrete slab under new shelter, walkways and (2) turn-a-rounds = 2479 sq.
ft.; break outJdispose of existing sidewalk adjacent to street; install new 3.5" D concrete
ADA ramp (to match existing ramp at comer of park). $14,795.
Colonv Park:
Insta1l3.5"D concrete slab under new shelter, and walkway from existing sidewalk to new
shelter. $4,895.
Staff recommends that the City Manager be authorized to execute the attached Amendment
No. I to the Vendor Service Agreement with Creative Contractors in the amount of
$19,690, and that the Director of Finance be authorized to increase P.O. No. 301929 in the
amount of$19,690, from $59,492 to $79,182.
Financial Impact
Funding is available in Account No. 268-488-5504-7748 (picnic Shelters at Tom Minor
and Ronald Reagan Parks) to cover the $14,795 cost of the proposed work at Tom Minor
Park. It is recommended that a portion of the funding remaining after contract award for
Playground Equipment at Tom Minor Park in Account No. 243-363-5504-7752 be
transferred to Account No. 243-363-5504-7756 to cover the $4,895 cost of concrete work at
Colony Park.
Recommendation
I) That the Director of Finance is authorized to amend the FY 07/08 Budget by
transferring $4,900 from Account No. 243-363-5504-7752 to Account No. 243-363-
5504-7756; and
2) Adopt Resolution authorizing the City Manager to execute Amendment No. One to the
Vendor Service Agreement with Creative Contractors for concrete work to be
performed in conjunction with the installation of picnic shelters at Tom Minor Park
and Colony Park; and authorizing the Director of Finance to increase P. O. #301929 in
the amount of $19,690, from $59,492 to $79, I 82.
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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 SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR
OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE
AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION
3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION
WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK
AND COLONY PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City Amendment No. I to the Vendor Service
Agreement between the City of San Bernardino and Creative Contractors, a copy of which
is attached hereto, marked as "Exhibit A", and incorporated herein by this reference as
fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal purchasing procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.B3 of said Code
"Purchases approved by the Mayor and Common Council."
SECTION 3. That the Director of Finance is authorized to increase Purchase
Order No. 301929 in the amount of $19,690. The Purchase Order shall reference this
Resolution No. 2008-
and shall read, "Creative Contractors for concrete work
to be performed in conjunction with the installation of picnic shelters at Tom Minor Park
and Colony Park. Increase to Purchase Order in the amount of $19,690; total Purchase
Order not-to-exceed $79,182," and shall incorporate the terms and conditions of
Amendment No.1 to the Vendor Services Agreement.
NO. )~
L\- ~ 1-01
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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 SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR
OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE
AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION
3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION
WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK
AND COLONY PARK.
SECTION 4. The authorization to execute the above referenced Amendment No.
I to the Vendor Services Agreement is rescinded if it is not executed within sixty days of
the passage of this Resolution.
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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 SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS, AND AUTHORIZING THE DIRECTOR
OF FINANCE TO INCREASE PURCHASE ORDER NO. 301929 IN THE
AMOUNT OF $19,690, PURSUANT TO MUNICIPAL CODE SECTION
3.04.010B.3, FOR CONCRETE WORK TO BE PERFORMED IN CONJUNCTION
WITH THE INSTALLATION OF PICNIC SHELTERS AT TOM MINOR PARK
AND COLONY PARK.
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, held on the
day of
, 2008, by the following vote, to wit:
12 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution IS hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
By 1f2~/~
c:~?I/.(f// A
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS
This Agreement is entered into on this _ day of , 2008 by and between
Creative Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
RECITALS
A. On January 7, 2008, Creative Contractors and the City of San Bernardino entered into a
Vendor Service Agreement for the purchase and installation of Picnic Shelters at Tom
Minor Park and Colony Park for the amount of$59,492, a copy of which is attached
hereto as "Attachment 1" and incorporated by this reference.
B. The CITY and the VENDOR now desire to alter the Agreement to increase the amount of
the Agreement by $19,690 for concrete work to be performed in conjunction with the
purchase and installation of picnic shelters at Tom Minor and Colony Park, for a total
not-to-exceed cost of $79, 182.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service Agreement, the
parties agree as follows:
I. The total Agreement price shall be increased by $19,690, to a not-to-exceed amount of
$79,182.
2. The other provisions of the Vendor Service Agreement are reaffirmed as originally
stated.
III
III
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date
first above written.
CREATIVE CONTRACTORS
Accepted
By:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Approved
By:
FRED WILSON
City Manager
Title:
Date:
Date:
Approved by Mayor and Common Council
Date: April 21, 2008
Item No.
Approved as to form:
James F. Penman,
City Attorney
By:
2008-9
il7 ! lied /I c;\ ( 1
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of January
2008, by and between Creative Contractors ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire the purchase and installation of two (2) picnic
shelters and related items; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors of such for the purchase and installation of picnic shelters and related
items and services; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such purchase and installation of picnic
shelters and related items and services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
for the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attaclunent "A", Technical
Specifications RFP F. 08-08 Picnic Shelters for Tom Minor Park and Colony Park, attached
hereto and incorporated herein by this reference.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an
invoice, shall pay the VENDOR the amount of$ 59,492.00 for purchase and installation of two
(2) picnic shelters: one(l) at Tom Minor Park and one (I) at Colony Park
S:ICouncil ActionslCouncil Action Jan.Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park
Colony Park. doc; December 18, 2007;KF:ldl
2008-9
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
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 indemnity and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or 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 claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contraclors- Picnic Shellers for Tom Minor Park
Colony Park. doc; December 18, 2007;KF:ldl
ZOO8-9
additional named insured in each policy of insurance provided hereunder. The Cenificate of
Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in 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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
129040 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
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRA TION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
cenificate 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.
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park
Colony Park.doc; December 18. 2007;KF:ldl
2008-9
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 9240 I
Telephone: (909) 384-5233
TO THE VENDOR:
Creative Contractors
P.O.Box 80784
Rancho Santa Margarita, CA. 92688
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.
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
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Sheijers for Tom Minor Park
Colony Park. doc; December 18, 2007;KF:ldl
2008-9
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this 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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State ofCaJifornia.
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. 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 all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic She~ers for Tom Minor Parl<
Colony Parl<.doc; December 18. 2007;KF:ldl
2008-9
Vendor Service Agreement between the City of San Bernardino and Creative Contractors
Dated:Jc)t:r~ 2008
VENDOR: Creative Contractors
/ , A pr, /
By:~~ ,;,. ~
Its: EV1Ci>i ddle-,OlJ'~
,
Dated SJf"1>-' 10 , 2008
CITY OF
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
'1 <<' Lfd6' jJ
;(' . ' " .'
By: {1/ {U4 Cd;:. 'bit.'
/
S:ICouncil AclionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park
Colony Park.doc: December 18, 2007;KF:ldl
:ZOUlHI
Attachment A
City of San Bernardino
Technical Specifications
Bid Specification No
General Provisions and Specifications for Picnic Shelters at Tom Minor Park and Colony
Park
ITEM DESCRIPTION
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements
when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand
column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model of all
components when not exactly as specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
GENERAL REQUIREMENTS ACCEPTABLE / AS SPECIFIED
Purchase and installation of two (2) picnic shelters at
the following locations.
I. Tom Minor Park - Palm & Irrivington
2. Colony Park - 153 E. Harwick Drive.
SHELTER SPECIFICATIONS
I. Provide two (2) 20' x 40' picnic shade shelters
2. Steel tubular frames (.125 thickness) in ground,
powder coated - Color to be decided.
3. Aluminum baked enamel roof, 24" wide "w"
panels - Color to be decided
4. 4:12 roof pitch
5. Gutter trim
. Pricing shall include installation and shipment to
City of San Bernardino site.
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS
This Agreement is entered into on this _ day of , 2008 by and between
Creative Contractors ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
RECITALS
A. On January 7, 2008, Creative Contractors and the City of San Bernardino entered into a
Vendor Service Agreement for the purchase and installation of Picnic Shelters at Tom
Minor Park and Colony Park for the amount of $59,492, a copy of which is attached
hereto as "Attachment 1" and incorporated by this reference.
B. The CITY and the VENDOR now desire to alter the Agreement to increase the amount of
the Agreement by $ I 9,690 for concrete work to be performed in conjunction with the
purchase and installation of picnic shelters at Tom Minor and Colony Park, for a total
not-to-exceed cost of $79, 182.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Service Agreement, the
parties agree as follows:
1. The total Agreement price shall be increased by $19,690, to a not-to-exceed amount of
$79,182.
2. The other provisions of the Vendor Service Agreement are reaffirmed as originally
stated.
III
III
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
WITH CREATIVE CONTRACTORS
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date
first above written.
CREATIVE CONTRACTORS
Accepted
By:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Approved
By:
FRED WILSON
City Manager
Title:
Date:
Date:
Approved by Mayor and Common Council
Date: April 21, 2008
Item No.
Approved as to form:
James F. Penman,
::o/A:U~,f~
2008-9
fl77/lctl If c/V r 1
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of Januarv
2008, by and between Creative Contractors ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to acquire the purchase and installation of two (2) picnic
shelters and related items; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors of such for the purchase and installation of picnic shelters and related
items and services; and
WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such purchase and installation of picnic
shelters and related items and services.
NOW, THEREFORE, the parties hereto agree as follows:
l. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Attachment "A", Technical
Specifications RFP F- 08-08 Picnic Shelters for Tom Minor Park and Colony Park, attached
hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an
invoice, shall pay the VENDOR the amount of$ 59,492.00 for purchase and installation of two
(2) picnic shelters: one(l) at Tom Minor Park and one (l) at Colony Park
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Crerative Contractors. Picnic Shelters for Tom Minor Park
Colony Park.doc; December 18. 2007;KF:ldl
2008-9
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
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, or 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 claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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
S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA Creralive Conlraclors- Picnic Shellers for Tom Minor Park
Colony Park. doc; December 18. 2007;KF:ldl
2008-9
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.
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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
129040 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
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRA TION 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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
S:ICouncil ActionslCouncil Action Jan-Mar 2006\VSA Crerative Contractors- Picnic Shelters for Tom Minor Park
Colony Park.doc; December 16, 2007;KF:ldl
2008-9
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 9240 I
Telephone: (909) 384-5233
TO THE VENDOR:
Creative Contractors
P.O.Box 80784
Rancho Santa Margarita, CA. 92688
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.
II. 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 atte.mpted 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
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this 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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State ofCaJifornia.
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. 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 all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Vendor Service Agreement between the City of San Bernardino and Creative Contractors
Dated:JQl'~ 2008
VENDOR: Creative Contractors
BY:{~ -t' ~
Its: EylCoi ddle-,OtJ'1?V
Dated ~f""-. 10 , 2008
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By /(CUY({0! ( (Jjklt;jJ
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20011-9
Attachment A
City of San Bernardino
Technical Specifications
Bid Specification No
General Provisions and Specifications for Picnic Shelters at Tom Minor Park and Colony
Park
ITEM DESCRIPTION
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements
when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand
column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model of all
components when not exactly as specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
GENERAL REQUIREMENTS ACCEPTABLE / AS SPECIFIED
Purchase and installation of two (2) picnic shelters at
the following locations.
1. Tom Minor Park - Palm & Irrivington
2. Colony Park - 153 E. Harwick Drive.
SHELTER SPECIFICATIONS
1. Provide two (2) 20' x 40' picnic shade shelters
2. Steel tubular frames (.125 thickness) in ground,
powder coated - Color to be decided.
3. Aluminum baked enamel roof, 24" wide "W"
panels - Color to be decided
4. 4:12 roof pitch
5. Gutter trim
Pricing shall include installation and shipment to
h City of San Bernardino site.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID