HomeMy WebLinkAbout23-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution authorizing execution
of a Vendor Service Agreement and
issuance of a Purchase Order in the amount
of$46,416 to Golden West Landscape
Contractor for landscape and irrigation
maintenance services for specific sites, and
ratifying any action taken between July I,
2008 and the date that the Resolution is
adopted.
MICC Meeting Date: July 7. 2008
Dept: Parks, Recreation &
Community Services Dept.
Date: June 25, 2008
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
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Contact person: Ramon Mata
Phone: 5233
Supporting data attached:
yes
Ward: All Wards
FUNDING REQUIREMENTS: Amount: $46,416
Source: A,..,...t Nn nn1...~R?_~~nA
Acct. Description: Parks Landscape Contracts
Finance:
Council Notes:
Agenda Item No. ;k ~
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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 City Manager to execute a Vendor Service Agreement and the Director of Finance to
issue a purchase order in the amount of$46,416 to Golden West Landscape Contractor
for landscape and irrigation maintenance services for downtown facilities, parking lots,
north site facilities, south site facilities, central facilities, Carousel Mall, medians,
Arrowhead Credit Union Park and library facilities for the period July I, 2008 through
September 30, 2008, pursuant to Section 3.04.010B3 of the Municipal Code, and
ratifying any action taken between July I, 2008 and the date that this resolution is
adopted.
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Background:
The Parks, Recreation and Community Services Department has contracted out the
landscape and irrigation maintenance of fifty-seven (57) park sites. Two vendors have
contracted with the Department for the last three years; those contracts expire June 30,
2008. In order to provide uninterrupted landscape and irrigation maintenance service at
those park locations, Staff asked the current provider, Service Scape, if they would be
willing to extend the existing Agreement for three months. The Vendor was willing to do
so only if the current monthly cost for services was increased by twenty (20) percent.
Given the City's budget constraints, Staff sought out another vendor with a proven track
record in the City, Golden West Landscape Contractor, that currently maintains some of
the City's Landscape Maintenance Districts. The vendor has agreed to a three-month
contract for services with a seven (7) percent increase over the amounts previously paid
for these contract services. The increase was requested to help mitigate the increased
costs of fuel, workers' compensation and liability insurance. Staff is requesting
authorization to issue an interim purchase order to Golden West Landscape Contractor.
During the three-month period, the Department will review its options, including the
option of performing the landscape and irrigation maintenance of these park sites in-
house.
Landscape maintenance services for Seccombe Lake Park have been provided
successfully by Parks Department personnel since September I, 2007. It is anticipated
that the Department will be assuming the mowing contract at seven (7) park locations,
and the Cemetery landscape maintenance on July 1,2008.
Finaneial Impact:
Subject to Council approval of the FY 200812009 Budget, it is anticipated that funding in
the amount of $46,41 6 will be available in account no. 001-382-5506 (parks Landscape
Contracts) to fund these services.
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Recommendation:
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 EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER IN THE AMOUNT OF $46,416 TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE SERVICES FOR DOWNTOWN FACILITIES, PARKING LOTS,
NORTH SITE FACILITIES, SOUTH SITE FACILITIES, CENTRAL FACILITIES,
CAROUSEL MALL, MEDIANS, ARROWHEAD CREDIT UNION PARK AND
LIBRARY FACILITIES FOR THE PERIOD JULY 1,2008 THROUGH SEPTEMBER
30,2008, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE, AND
RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE
THAT TmS RESOLUTION IS ADOPTED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service
Agreement with Golden West Landscape Contractor, attached hereto and marked Exhibit "A",
o 14 for landscape and irrigation maintenance services for Downtown Facilities, Parking Lots, North
15 Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians, Arrowhead
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Credit Union Park and Library Facilities for the period July 1, 2008 through September 30,
2008; and
SECTION 2. That the Director of Finance is authorized to issue a purchase order to
Golden West Landscape Contractor in the amount of $46,416; and
SECTION 3. That this purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said Code
"Purchases approved by the Mayor and Common Council".
SECTION 4. That the implementation date is July 1, 2008; therefore, any action taken
between July 1, 2008 and the date that this Resolution is adopted is hereby ratified; and
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
A PURCHASE ORDER IN THE AMOUNT OF $46,416 TO GOLDEN WEST
LANDSCAPE CONTRACTOR FOR THE LANDSCAPE AND IRRIGATION
MAINTENANCE SERVICES FOR DOWNTOWN FACILITIES, PARKING LOTS,
NORTH SITE FACILITIES, SOUTH SITE FACILITIES, CENTRAL FACILITIES,
CAROUSEL MALL, MEDIANS, ARROWHEAD CREDIT UNION PARK AND
LIBRARY FACILITIES FOR THE PERIOD JULY 1, 2008 THROUGH SEPTEMBER
30,2008, PURSUANT TO SECTION 3.04.010 B-3 OF mE MUNICIPAL CODE, AND
RATIFYING ANY ACTION TAKEN BETWEEN JULY 1, 2008 AND THE DATE
THAT THIS RESOLUTION IS ADOPTED.
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:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
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EX/ldJ// /f
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Golden West Landscape Contractor ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSEm:
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to acquire the services of a professional landscape
maintenance contractor to maintain the landscaping and irrigation at Downtown Facilities,
Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall,
Medians, Arrowhead Credit Union Park and Library Facilities for the period July I, 2008
through September 30, 2008, and
WHEREAS, Golden West Landscape Contractor has provided satisfactory landscape
and irrigation maintenance services to the City; and
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide maintenance of landscaping and irrigation services at Downtown Facilities, Parking
Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians,
Arrowhead Credit Union Park and Library Facilities.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of $15,472 per month, not to exceed $46,416 for the three month
term of the Agreement for landscape and irrigation maintenance services at the above referenced
City sites.
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3. TERM; TERMINATION.
The term of this Agreement is from July 1, 2008 through September 30, 2008. 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.
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
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 sha1l 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
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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.
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 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.
~ ThIDEPENDENTCONTRACTO&
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 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
20 I-A North "E" Street, Suite # 103
San Bernardino, CA 92401
Telephone: (909)384-5233
TO THE VENDOR:
Golden West Landscape Contractor
2160 Kern Street
San Bernardino, CA 92407-6211
Telephone: (909) 887-6263
;tlO. 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 e
and shall constitute a breach of this Agreement and cause for the termi tion of this Agreement.
Regardless of CITY's consent, no subletting or assignment shal release VENDOR of
VENDOR's obligation to perform all other obligations to be perform 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.
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.
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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
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
Golden West Landscape Contractor
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Golden West Landscape Contractor ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Cornmon Council have determined that it is advantageous
and in the best interest of the CITY to acquire the services of a professional landscape
maintenance contractor to maintain the landscaping and irrigation at Downtown Facilities,
Parking Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall,
Medians, Arrowhead Credit Union Park and Library Facilities for the period July 1, 2008
through September 30, 2008, and
WHEREAS, Golden West Landscape Contractor has provided satisfactory landscape
and irrigation maintenance services to the City; and
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide maintenance of landscaping and irrigation services at Downtown Facilities, Parking
Lots, North Site Facilities, South Site Facilities, Central Facilities, Carousel Mall, Medians,
Arrowhead Credit Union Park and Library Facilities.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of invoices, shall
pay the VENDOR the amount of $15,472 per month, not to exceed $46,416 for the three month
term of the Agreement for landscape and irrigation maintenance services at the above referenced
City sites.
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3. TERM; TERMINATION.
The term of this Agreement is from July I, 2008 through September 30, 2008. 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.
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
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.
S. 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
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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.
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 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
employees, and all business licenses, if any are requITed, 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
TO THE VENDOR:
Golden West Landscape Contractor
2160 Kern Street
San Bernardino,CA 92407-6211
Telephone: (909) 887-6263
to. 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 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.
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.
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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
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by aU parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated
,2008
Golden West Landscape Contractor
By:
Its:
Dated
.2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
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