HomeMy WebLinkAbout17-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the approval of
Amendment No. 1 to the Vendor Service
Date: April 23, 2008 Agreement and increase to Purchase Order
Number 208394 by $22,000 issued to West
Coast Arborists, Inc. for tree trimming
services along the collection routes.
Meeting Date: May 5, 2008
Synopsis of Previous Council Action:
Resolution No. 2007-255 - On July 16, 2007 the Mayor and Common Council authorized an
Agreement and Purchase Order in the amount of $300,000 to West Coast Arborists, Inc. for tree
trimming services.
Recommended Motion:
Adopt Resolution.
S' ure
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: Additional $ 22,000
For total amount of
$322,000
Source: FY 07-08
Account 527-412-5502
($22,000)
Professional/Contractual
Services
Account 001-404-5502
($300,000)
Finance:
Council Notes:
Agenda Item No.
S/~~~8~
_ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
,,,~ Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the approval of Amendment No. 1 to the Vendor Service Agreement and increase to
Purchase Order Number 208394 by $22,000 issued to West Coast Arborists, Inc. for
tree trimming services along the IWM collection routes.
BACKGROUND:
On July 16, 2007 the Mayor and Common Council authorized an Agreement and
Purchase Order in the amount of $300,000 to West Coast Arborists, Inc. for tree
trimming services per Resolution No. 2007-255.
The Public Services Department, Street Division is responsible for trimming 52,000
trees citywide. The contract tree-trimming budget is $300,000, which is almost
exhausted. Staff hopes to increase this purchase order by an additional $22,000 to
allow the Public Services Department to trim trees along the collection routes of the
Integrated Waste Management Division (IWM).
The IWM Division had previously reported that refuse trucks have had difficulty with low-
hanging limbs throughout their collection routes. The IWM Division has since reported
additional trees that are hanging low. The low hanging limbs are striking the refuse
vehicles as they drive through the City. The increased funding will be focused solely on
resolving this issue.
Staff recommends that Purchase Order Number 208394 be increased in the amount of
$22,000 for tree trimming services along the IWM collection routes.
FINANCIAL IMPACT:
Funds are available and have been budgeted in the FY 07-OS budget in Account
Number 527-412-5502 (Professional/Contractual Services) in the amount of $22,000.
RECOMMENDATION:
Adopt Resolution.
+,.,,,,
1 RESOLUTION-KO. - .
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO. 1 TO
3 THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER
4 NUMBER 208394 BY $22,000 ISSUED TO WEST COAST ARBORISTS, INC. FOR
TREE TRIMMING SERVICES ALONG THE IWM COLLECTION ROUTES.
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 West Coast Arborists, Inc., a copy
10
of which is attached hereto, marked as Exhibit "A", and incorporated herein by this
11
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
17 his/her designee is hereby authorized to increase Purchase Order 208394 by $22,000
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to West Coast Arborists, Inc. Inc for a total amount of $322,000. The Purchase Order
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20 shall reference this Resolution No. 2008- and shall read, "West Coast
21 Arborists, Inc, for tree trimming services along the IWM collection routes," and shall
22 incorporate the terms and conditions of Amendment No. 1 to the Vendor Service
~ Agreement.
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S - 5 -08
~~- 1 RESOLUTION OF THE MAYOR_AND COMMON COUNCIL OF THE CITY OF
~,,,,. SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT NO. 1 TO
2 THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER
NUMBER 208394 BY x22,000 ISSUED TO WEST COAST ARBORISTS, INC. FOR
3 TREE TRIMMING SERVICES ALONG THE IWM COLLECTION ROUTES.
4
5 SECTION 4. The authorization to execute the above referenced Amendment
6 No. 1 to the Vendor Service Agreement is rescinded if 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 APPROVAL OF AMENDMENT NO. 1 TO
2 THE VENDOR SERVICE AGREEMENT AND INCREASE TO PURCHASE ORDER
NUMBER 208394 BY $22,000 ISSUED TO WEST COAST ARBORISTS, INC. FOR
3 TREE TRIMMING SERVICES ALONG THE IWM COLLECTION ROUTES.
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
6
meeting thereof, held on the day of 2008, by the
7
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
i6
17
Rachel G. Clark, City Clerk
18
The foregoing resolution is hereby approved this day of
19 , 2008.
20
21
Patrick J. Morris, Mayor
22
~ Approved as to form:
~ By:
~r a es F. Penman
ity Attorney
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1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2
g This Agreement is entered into this 5th day of May 2008, by and between
4 West Coast Arborists, Inc. ("VENDOR") and the City of San Bemazdino
("CITY" or "San Bemazdino").
b
6
7 RECITALS
8
9 A. On July 16, 2007, West Coast Arborists, Inc. and the City of San Bemazdino
10 entered into a Vendor Service Agreement for tree trimming services for a total of
$300,000, a copy of which is attached hereto as "Attachment 1" and incorporated
11
by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
13 amount of the Agreement by $22,000 for a total not-to-exceed $322,000.
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15 AGREEMENT
16
17 In consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
18
19 1. Increase Purchase Order Number 208394 by an additional $22,000
20 2. The other provisions of the written contract are reaffirmed as originally stated.
21
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Exhibit "A"
~, 1 AMENDMENT NO. 1 TO VENDOR ST';RVICE AGREEMENT
WEST COAST ARBORISTS, INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
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6 Dated: , 2008 West Coast Arborists, Inc.
7 By.
8
9
10
11 Dated: , 2008 CITY OF SAN BERNARDINO
12
13
-•- By: Fred Wilson, City Manager
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16 ATTEST:
17
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19
Rachel Clark, City Clerk
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23 Approved as to form:
24
~ James F. Penman, City Attorney
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By:
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Exhibit "A"
~ 1 AMENDMENT NO. l TO VENDOR SERVICE AGREEMENT
2
$ This Agreement is entered into this 5th day of Mav 2008, by and between
4 West Coast Arborists, Inc. ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernazdino").
5
6
7 RECITALS
8
9 A. On July 16, 2007, West Coast Arborists, Inc. and the City of San Bemazdino
10 entered into a Vendor Service Agreement for tree trimming services for a total of
11 $300,OOQ a copy of which is attached hereto as "Attachment 1"and incorporated
by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
,,~ 13 amount of the Agreement by $22,000 for a total not-to-exceed $322,000.
14
15 AGREEMENT
16
17 ~ consideration of the mutual promises contained in the Vendor Service
Agreement, the parties agree as follows:
18
19 1. Increase Purchase Order Number 208394 by an additional $22,000
20 2. The other provisions of the written contract aze reaffirmed as originally stated.
21
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~, 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2 WEST COAST ARBORISTS, INC.
$ IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
b
6 Dated: , 2008 West Coast Arborists, Inc.
7
By:
8
9
10
I1 Dated: , 2008 CITY OF SAN BERNARDINO
12
13
'`" By: Fred Wilson, City Manager
•.., 14
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16 ATTEST:
17 .
18
19
Rachel Clark, City Clerk
20
21
22
23 Approved as to form:
24
~ James F. Penman, City Attorney
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By: - CivK~.
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/ ATTACHMENT "1"
2007-255
VENDOR SERVICE-AGREEMENT
~..., 1
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$ 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 Bemazdino").
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 Bemardino; 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:
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1. SCOPE OF SERVICES.
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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
ig 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.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY,
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2007-255
i 3. TERM; SEVERABILITY. - - - -
r,...-
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
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VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
15
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 shad indemnify the other to the extent of this
~ comparative fault.
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5. INSURANCE.
'~
~ While not restricting or iimidng 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
26 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28 2
2007-255
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
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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 [o 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
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
i7 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 aze required, in connection with the services to be
~ performed hereunder.
21 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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~ 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,
2r qualifications, insurance and approval of whatever nature that are legally required of VENDOR
26 to practice its business or profession.
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~ 3
2007-255
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, salazy 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
fees" for the purposes of this pazagraph.
19
~ 11. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
'Z2 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
25
Agreement. Regazdless of CITY's consent, no subletting or assignment shall release VENDOR
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~ 4
2007-255
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
Bernazdino, State of California or the U.S. District Court for the Central District of California,
7
Riverside Division. The aforementioned choice of venue is intended by the parties to be
8
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
Agreement and their respective heirs, representatives, successors, and assigns,
15
I6 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
i8 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
~ 16. ENTIRE AGREEMENT; MODIFICATION.
21
This Agreement constitutes the entire agreement and the understanding between the
22
parties, and supersedes any prior agreements and understandings relating to the subject manner
~ of this Agreement. This Agreement may be modified or amended only by a written instnunent
s~r executed by ail parties to this Agreement.
26 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
~ ~ and date set forth below.
~ 5
zoos-zss
1 Dated: , 2007 VENDO
,y..
2 By:
3 Its:
4 Dated -/~'~ , 2007 CITY OF RNARDINO
5 By:
6 Fred ilso ,City Manager
Approved as to Form:
7
8 sy.
Jame . Penman, City Attorney
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