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Home My WebLink About25-Parks and Recreation o o o 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 TO DONEGAN TREE SERVICE IN THE AMOUNT OF $75,000 FOR TREE MAINTENANCE SERVICE IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. MICC Meeting Date: August 4, 2007 Dept: Parks, Recreation & Community Services Dept. Date: July 16,2008 Synopsis of Previous Council Action: 11-5-07 Council authorized a Vendor Service Agreement and Purchase Order to Donegan's Tree Service in the amount of $50,000 for tree maintenance service in various Landscape Maintenance Districts. Recommended motion: Adopt Resolution. < , , ! ,/ ) '"--" / ,'--: / ,-' J --.::..:' j"'. -' / ,', '_/t-#" Signature' , ;%) Contact person: Jim Gondos Phone: 384-5032 Supporting data attached: Staff Report, Reso, VSA Ward: All FUNDING REQUIREMENTS: Amount: $75.000 Source: (Acct. No.) Various LMD Accounts (Acct. DescriptionWarious LMD Accts Finance: Council Notes: Agenda Item No. C)~ go -If-~8' o o o . " 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 a Vendor Service Agreement and the Finance Director, or her designee, to issue a purchase order to Donegan Tree Service in the amount of $75,000 for tree maintenance service in various landscape maintenance districts. Back2round: The Parks, Recreation and Community Services Department assumed responsibility from the Development Services Department for management of the City's landscape maintenance districts in March 2006. Many of those assessment district sites have trees, which require trimming and, occasionally, removal. Tree maintenance in the landscape maintenance districts is also necessary pursuant to requirements set by the City Fire Marshal. In May 2008, staff requested quotes for a representative number of specific tree maintenance services from six local vendors. The following three bids for maintenance were received: Vendor Location Quote for representative Tree Maintenance Services $190 $340 $460 Donegan Tree Service GreenTree Service Mowbray's Tree Servie San Bernardino San Bernardino San Bernardino Donegan Tree Service has provided tree maintenance service in the landscape maintenance districts in the past, and routinely provides satisfactory service to the department. The Department is making an effort to step up the level of maintenance in the landscape maintenance districts; therefore, staff recommends that the attached resolution authorizing execution of the Vendor Service Agreement and issuance of a purchase order for tree maintenance be adopted. Financial Impact: Funding in the amount of $75,000 is available in various landscape maintenance district accounts; the cost of services will be charged back to the appropriate account through the work order number. Recommendation: Adopt Resolution. f{t'fJh~~""tlf ,P.c.:r~ No. ~s- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE A PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $75,000 FOR TREE MAINTENANCE SERVICE IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to acquire tree maintenance services for assessment districts located throughout the City; and WHEREAS, the City of San Bemardino did solicit and accept quotes from a number of vendors for tree maintenance. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Donegan Tree Service is the lowest and best bidder to provide tree maintenance services in the CITY's landscape maintenance districts. SECTION 2. That the City Manager is hereby authorized to execute a Vendor Service Agreement with Donegan Tree Services in the amount of $75,000 for tree maintenance service in various landscape maintenance districts. A copy of Vendor Service Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. The Director of Finance or her designee is hereby authorized to issue a purchase order to said vendor in the amount of $75,000; and SECTION 3. That authorization to execute the above-referenced Vendor Service Agreement is rescinded if not executed by both parties within sixty days of the passage of this Resolution. III //I III :It :1.5 . 08- 04 -- D8' III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 FINANCE DIRECTOR, OR HER DESIGNEE, TO ISSUE A PURCHASE ORDER TO DONEGAN TREE SERVICE IN THE AMOUNT OF $75,000 FOR TREE MAINTENANCE SERVICE IN VARIOUS LANDSCAPE MAINTENANCE DISTRICTS. 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 Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to Fonn: VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this _ day of by and between Donegan Tree Service ("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 contract for tree maintenance in its landscape maintenance districts ("LMDs"); and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for such services; and, WHEREAS, VENDOR was the lowest and best bidder for the provision of such 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 tree removal and trimming in its landscape maintenance districts as follows: After CITY's Landscape Maintenance District (LMD) staff meet on site to determine which trees are to be trimmed or removed, they will provide VENDOR with a work order specifying services to be performed in specific Landscape Maintenance Districts. VENDOR will provide LMD staff with estimates to perform said work, and may proceed with the work only after LMD staff approves the cost and issues a work order. Following project completion, LMD staff will inspect the work; if satisfied with the work performed, the work order will be signed off by staff, and an invoice may be submitted for payment. No work shall be performed by VENDOR absent LMD staff's approval of the scope of work and the cost thereof. 2. COMPENSATION AND EXPENSES. a. The cost of maintenance for each tree shall be determined based upon time and difficulty, but in no event shall the cost for maintenance of a palm tree exceed $45, nor shall the cost for maintenance of a large leafy tree (e.g., sycamore) exceed $250. VENDOR shall submit invoices monthly in arrears. b. The total amount for services rendered under this Agreement shall not exceed $75,000. c. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for the period of August 15, 2008 through June 30, 2009. I EXHIBIT" A" 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. 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 actually 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 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. 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. 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. 2 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 legally required of VENDOR to practice its business or profession. 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: TO THE VENDOR: Director of Parks, Recreation And Community Services 20lA North "E" Street, Ste. 103 San Bernardino, CA 92401 Telephone: (909) 384-5233 Donegan Tree Service 2235 West Darby Street San Bernardino, CA 92407 Telephone: (909) 889-4304 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 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 mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 3 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. 17. 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. Dated: ,2008 VENDOR. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: James F. Penman, City Attorney By: 4 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of by and between Donegan Tree Service ("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 contract for tree maintenance in its landscape maintenance districts ("LMDs"); and, WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for such services; and, WHEREAS, VENDOR was the lowest and best bidder for the provision of such 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 tree removal and trimming in its landscape maintenance districts as follows: After CITY's Landscape Maintenance District (LMD) staff meet on site to determine which trees are to be trimmed or removed, they will provide VENDOR with a work order specifying services to be performed in specific Landscape Maintenance Districts. VENDOR will provide LMD staff with estimates to perform said work, and may proceed with the work only after LMD staff approves the cost and issues a work order. Following project completion, LMD staff will inspect the work; if satisfied with the work performed, the work order will be signed off by staff, and an invoice may be submitted for payment. No work shall be performed by VENDOR absent LMD staff's approval of the scope of work and the cost thereof. 2. COMPENSATION AND EXPENSES. a. The cost of maintenance for each tree shall be determined based upon time and difficulty, but in no event shall the cost for maintenance of a palm tree exceed $45, nor shall the cost for maintenance of a large leafy tree (e.g., sycamore) exceed $250. VENDOR shall submit invoices monthly in arrears. b. The total amount for services rendered under this Agreement shall not exceed $75,000. c. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for the period of August 15,2008 through June 30, 2009. 1 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. 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 actually 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 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. 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. 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. 2 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 legally required of VENDOR to practice its business or profession. 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: TO THE VENDOR: Director of Parks, Recreation And Community Services 20lA North "E" Street, Ste. 103 San Bernardino, CA 92401 Telephone: (909) 384-5233 Donegan Tree Service 2235 West Darby Street San Bernardino, CA 92407 Telephone: (909) 889-4304 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 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 mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 3 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. 17. 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. Dated: ,2008 VENDOR. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: James F. Penman, City Attorney 4