HomeMy WebLinkAbout16-Parks and Recreation ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director Subject: Resolution authorizing the City Manager to
"execute a Vendor Service Agreement and the
Dept: Parks, Recreation& Community Director of Finance to issue an annual
Services Dept. purchase order to Cliff's Pest Control, Inc. in
the amount of$50,300 for FY 09/10 pursuant
Date: July 6, 2009 to Municipal Code Section 3.04.010-B3.
M/CC Meeting Date: August 3, 2009
Synopsis of Previous Council Action:
April 20, 2009—Resolution No. 2009-89 adopted, authorizing execution of a Vendor Service
Agreement, an increase to Purchase Order No. 209312, and an amendment to the adopted FY 08/09
Budget.
Recommended motion:
Adopt Resolution.
Signature
Contact person: Ramon Mata Phone: 5233
Supporting data attached: Staff Report Ward: City-wide
FUNDING REQUIREMENTS: Amount: A total amount of$50,300.
Source: (Acct. No.) 001-382-5505 - $47,000
106-441-5505 - $ 3,300
(Acct. Description) Parks Division and
Cemetery - Other Professional Services.
Finance:
Council Notes: es C) 7 Z'
Agenda Item No. /
7-3- 07
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject•
A 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 an
annual Purchase Order to Cliff's Pest Control, Inc. in the amount of $50,300 for FY 09/10
pursuant to Municipal Code Section 3.04.010-B3.
Background:
The Parks Maintenance Division utilizes the services of a pest management vendor to
accomplish rodent and pest control at various park locations and the Pioneer Memorial
Cemetery. There are numerous vendors who provide pest control services within buildings;
however, there are a very limited number who perform agricultural pest (gopher and ground
squirrel) control services, as required by the City for pest control in the turf
The rodent/pest problems were more prevalent in City parks and at the Cemetery during fiscal
year 08/09 than during the prior fiscal year; the cost for services provided during FY 08/09
exceeded $42,000. Based upon the recent pattern of use of these services, staff is requesting an
annual purchase order in the amount of $50,300 for pest control services for FY 09/10. The
breakdown of funding is as follows:
Parks Division—Other Professional Services $47,000
Pioneer Memorial Cemetery—Other Professional Services 3,300
The following three vendors were contacted by Parks staff and asked to provide quotes for
monthly service rates (per acre) for ground squirrel and gopher control using Fumatox:
Action Pest Control San Bernardino, CA No bid
Cliff's Pest Control, Inc. San Bernardino, CA $10.00 per acre
Compass Pest Management Riverside, CA $27.00 per acre
Staff contacted Action Pest Control to determine why the vendor chose not to submit a quote.
The response was that the project was too large, and could not be accommodated by their
company without hiring additional staff
In an effort to expedite access to these much needed services as soon as possible in the new
fiscal year, the Parks, Recreation and Community Services Department requested quotes (see
Exhibits 1, 2 & 3) rather than formal bids from the vendors. Pursuant to DDL No. 82, the
attached memo (see Attachment "A"), dated July 14, 2009, was submitted to and signed off by
the City Manager. It is requested that this service be purchased pursuant to Municipal Code
Section 3.04.010-B3, "Purchases approved by the Mayor and Common Council".
Cliffs Pest Control submitted the lowest quote for rodent and pest control services. The
vendor has agreed to participate in the City's five-percent reduction request through the
upcoming fiscal year.
Financial Impact:
It is anticipated that funding for this annual purchase order will be available in the following
accounts in the FY 09/10 Budget:
Account No. 001-382-5505 Parks Division—Other Professional Services - $47,000; and
Account No. 106-441-5505 Cemetery—Other Professional Services - $3,300.
Recommendation:
Adopt Resolution.
Attachment "A"
PAs,Recreation&C,on nunity SetV1ceS Decattinent
h -Ofire Me nalandum
To: Charles McNeely, City Manager
From: Ramon Mata, Park Maintenance Division Mana er P-wl
Re: Purchase pursuant to Municipal Code Section 3.04.010-B3
Date: July 14, 2009
CC: Kevin Hawkins, Parks Recreation and Community Services Director
The Parks Maintenance Division utilizes the services of a pest management vendor to accomplish rodent
and pest control at various park locations and the Pioneer Memorial Cemetery. There are numerous
vendors who provide pest control services within buildings; however, there are a very limited number
who perform agricultural pest(gopher and ground squirrel)control services, as required by the City Parks
Division for rodent/pest control in the turf.
The FY 08/09 annual purchase order covered services rendered through June 30, 2009; no services have
been provided since that date. While a departmental assessment indicates that, currently, control of the
rodent abatement issue at some parks locations has been maintained, there is a critical need for pest
control services at other park locations in order to maintain control of the rodent/pest problems. A further
delay in treatment heightens the risk of incurring additional eradication costs in the long run and
negatively impacts increased summer usage and programs at our parks.
As such,there is an urgent need and a request for assistance from the City Manager's Office.
In response to this need to get a vendor in place to deal with the Parks Division's pervasive rodent/pest
problems as soon as possible in the new fiscal year, staff contacted the following three vendors to request
quotes for monthly service rates(per acre)for ground squirrel and gopher control using Fumatox.
Action Pest Control San Bernardino,CA No bid
Cliff's Pest Control,Inc. San Bernardino,CA $10.00 per acre
Compass Pest Management Riverside,CA $27.00 per acre
Staff contacted Action Pest Control to determine why the vendor chose not to submit a quote. The
response was that the project was too large, and could not be accommodated by their company without
hiring additional staff.
Since the Parks, Recreation and Community Services Department requested quotes rather than bids from
the vendors, it is requested that this service be purchased pursuant to Municipal Code Section 3.04.010-
B3,"Purchases approved by the Mayor and Common Council".
Ramon Mata,
Parks Division Manager
Ap ed By•
Charl- McNe er, City 4. a r
Exhibit 1
REQUEST FOR QUOTATION -THIS IS NOT AN ORDER
FROM THE CITY OF SAN BERNARDINO
Parks, Recreation &Community Services Dept.
201-A N. "E" Street, San Bernardino, CA 92401
(909) 384-5233 FAX(909)384-5160
ISSUE ORG REQ REPLY
DATE DEPT NO# TYPE DUE BY
VENDOR NAME Action Pest Control
VENDOR ADDRESS PO Box 3596
CITY, STATE, ZIP San Bernardino, CA
PHONE 909-886-2344 FAX CONTACT r�
PLEASE RESPOND WITH NO BID IF NOT BIDDING. FAILURE TO RESPOND WILL RESULT IN REMOVAL FROM BID LIST.
UNIT
ITEM# DETAIL DESCRIPTION OF PRODUCT OR SERVICE QUAN UOM PRICE TOTAL PRICE
S /
CpA o ;
2
3 A4) /,:.D/
Subtotal
Include all other applicable charges
(Freight, Sales Tax, Service Charge,etc.) Tax
City requires "Full Freight Allowed", unless freight Frei.ht
charges are specifically quoted herein.
Total Bid
QUOTED PRICES SHALL BE EFFECTIVE 7/1/09 THROUGH 6/30/10
CITY CONTACT-
NO CHARGE WILL BE ALLOWED OVER AND ABOVE PRICES QUOTED ON THIS SHEET. THE RIGHT IS RESERVED
TO ACCEPT OR REJECT QUOTATIONS ON EACH ITEM, SEPARATELY OR AS A WHOLE. IF SUBSTITUTES ARE
OFFERED, MAKE FULL EXPLANATION AND INCLUDE BROCHURES FROM THE MANUFACTURER. Full Freight
Destination Allowed
QUOTE DATE FOB POINT SHIP VIA TERMS DELIVERY DATE FREIGHT
VENDORS SIGNATURE TITLE
TELEP# ( )
PLEASE PRINT NAME QUOTED PRICES EFFECTIVE 7/1/09 TO 6/30/10
Request for Quotation.xls
Exhibit 2
Pest Control Service Agreement
Cliffs Pest Control, Inc.
3165 June Street
;'" San Bernardino, CA 92407
is (909) 887-1862
CUSTOMER NAME SERVICE LOCATION
CITY OF SAN BERNARDINO PARKS&RECREATION VARIOUS SITES CITY WIDE
ADDRESS CITY,STATE AND ZIP
201-A NORTH'E'STREET SAN BERNARDINO,CA
CITY,STATE AND ZIP PERSON TO BE CONTACTED SERVICE PHONE NUMBER
SAN BERNARDINO,CA 92401 KIM BURGETT (909) 384-5233
PHONE TYPE OF PROPERTY TO BE SERVICED
(909) 384-5233 VARIOUS PARKS FAX(909) 384-5160
DATE SERVICE BEGINS EXPIRATION DATE RENEWAL SERVICE TO BE PERFORMED
❑ ❑ MONTHLY ❑BI-MONTLY ❑OTHER
PESTS TO BE CONTROLLED:
GOPHERS&GROUND SQUIRRELS
SPECIAL INSTRUCTIONS:
TREAT GOPHERS&GROUND SQUIRRELS WITH FUMITOXIN AS NEEDED TO GAIN CONTROL.
A MINIMUM OF TWO SERVICES PER MONTH AT EACH SITE.ANY BAITING FOR GROUND SQUIRRELS WILL BE UPON
APPROVAL FROM PARK CONTACT.
**BAIT STATIONS WILL BE AN ADDITIONAL FEE SHOULD THEY BE REQUIRED.
TERMS AND CONDITIONS:
MONTHLY SERVICE-$10.00 DOLLARS PER ACRE (ALTHOUGH I WILL REDUCE THIS BY 5%FOR 2009-2010 FISCAL YEAR
PER MY PRIOR AGREEMENT FOR 2008-2009 FISCAL YEAR)
*A$25.00 FEE WILL BE APPLIED FOR ALL RETURNED CHECKS*
**FULL BI-MONTHLY CHARGE WILL BE MADE WHERE SERVICE IS MORE THAN 45 DAYS AFTER LAST SERVICE.
SERVICE GUARANTEE:We agree to apply chemicals to control above-named pests in accordance with terms and conditions of this Service Agreement.All labor
and materials will be furnished to provide the most efficient pest control and maximum safety required by federal,state and city regulations.
SERVICE RENEWAL:This agreement shall be for an initial period of one year,and will renew itself annually unless either party cancels this agreement by giving
thirty days written notice before any expiration date.
INITIAL SERVICE CHARGE
MONTHLY/EVERY OTHER MONTH BY
PAYMENTS COMPANY t.. �o/J-Tf-�'�r DATE 6 -"""0 c/
,i-:)(AUTHORIZED SIGNATURE
FOR
ANNUAL AGREEMENT CHARGE CUSTOMER DATE
(AUTHORIZED SIGNATURE)
Dear Customer,
Thank you for selecting Cliff's Pest Control,Inc.to perform your services.In accordance with the laws and regulations
of the State of California,we are required to provide you with the following information prior to application of
chemicals to your property.
"State law requires that you be given the following information.CAUTION" PESTICIDES ARE TOXIC CHEMICALS.
Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board,and apply
pesticides which are registered and approved for use by the California Department of Food and Agriculture
and the United States Environmental Protection Agency.Registration is granted when the state finds that based on
existing scientific evidence,there are no appreciable risks if proper use conditions are followed or that risks
are outweighed by the benefits.The degree of risk depends upon the degree of exposure,so exposure
should be minimized."
"If rodenticide ingestion occurs,you may experience symptoms of mild shock and/or bleeding.This is an
anticoagulant reaction."
"If within 24 hours following application,you experience headaches,dizziness,nausea hearing,coughing,nose
and throat irritation or develop shortness of breath,double vision,unusual drowsiness and weakness,or tremors,
contact your physician or poison control center and your pest control operator immediately."
FOR FURTHER INFORMATION,CONTACT ANY OF THE FOLLOWING:
Your Pest Control Operator (909)887-1862
Cliffs Pest Control,Inc.
3165 June Street
San Bernardino,CA 92407
Poison Control Center (800) 876-4766
County Health Department (909) 387-6280
Structural Pest Control Board (800) 737-8188
2005 Evergreen St.Ste 1500 (916) 561-8708
Sacramento,CA 95815
County Agriculture Department (909) 387-2105
NOTICE:"Under the Mechanics" Lien Law(California Code of Civil Procedures,Section 1181 et seq.),any contractor,
subcontractor,laborer,supplier,or other person who helps to improve your property but is not paid for his/her
work or supplies,has a right to enforce a claim against your property.This means that after a court hearing,your
property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness.This
could happen even if you paid your own contractor in full,if the subcontractor,laborer,or supplier remains
unpaid."
NOTICE:There is a seven day waiting period before any material may be reapplied.If for whatever reason you
need a respray,call at the end of the seven days.(There are Federal and State regulations.)
Exhibit 3
74v Compass
Pest Management
s
June 12, 2009
Jesse Sandoval
City of San Bernardino
Parks, Recreation & Community Services Department
201 North"E" Street, Suite 103
San Bernardino, CA 92401
RE: Gopher and Squirrel Control for City Parks
Dear Mr. Sandoval,
Thank you for the opportunity to offer our services to control gophers and ground
squirrels in the City parks and open spaces under your jurisdiction.
Compass Pest Management is fully licensed to provide said services using Fumitoxin and
other"restricted use"products. Equally, we understand the laws and regulations
pertaining to treating parks and will handle the paperwork,use permits; fumigation
management plans and work closely with you for the ease of getting your documents in
order.
As discussed Compass Pest Management will use Fumitoxin primarily for gopher and
squirrel control. Where and as necessary other products may be used due to proximity of
structures or enhanced control. Our pricing is based on a per acre charge.
The price per acre with initial treatment and a follow up treatment 7-10 days after initial
service is $46.00 per acre. As an option if you prefer to put a park on routine monthly
treatments it can be done at $27.00 per acre.
Our technicians will use a shovel during applications and bury the burrows and
knockdown the mounds.
I look forward to working with you to enhance the beauty of the landscaped areas.
Than iti
John P. Burnard
Compass Pest Management
JPB/ml
Termite Repair/ Treatments • Pest Control • Gophers • Bird Management
5925 Riekenhacker Ave. • Riverside. CA 92504 • (951) 688-8066 • Fax (951) 688-6294
C tr)
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
AN ANNUAL PURCHASE ORDER TO CLIFF'S PEST CONTROL, INC., IN THE
4 AMOUNT OF $50,300 FOR FY 09/10 PURSUANT TO MUNICIPAL CODE SECTION
5 3.04.010-B3.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service
9 Agreement with Cliff's Pest Control, Inc., a copy of which is attached hereto, marked Exhibit
10 "A", and incorporated herein by reference as fully as though set forth at length; and
11 SECTION 2. That the Director of Finance is hereby authorized to issue an Annual
12
Purchase Order to Cliff's Pest Control, Inc. in the amount of$50,300; and
13
14 SECTION 3. That this purchase is exempt from the formal contract procedures of
15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010-B3 of said Code
16 "Purchases approved by the Mayor and Common Council", and
17 SECTION 4. That the authorization granted hereunder shall expire and be void and of
18
no further effect if the Vendor Service Agreement is not executed by both parties and returned
19
to the Office of the City Clerk within ninety (90) days following the effective date of this
20
21 Resolution.
22 ///
23 ///
24 ///
25
///
26
27 /// q,
28 8 8 3� /
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT AND THE DIRECTOR OF FINANCE TO ISSUE
3 AN ANNUAL PURCHASE ORDER TO CLIFF'S PEST CONTROL, INC., IN THE
4 AMOUNT OF $50,300 FOR FY 09/10 PURSUANT TO MUNICIPAL CODE SECTION
3.04.010-B3.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a meeting thereof, held on the
7
8 day of , 2009, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
BRINKER
13
14 SHORETT
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
Rachel Clark, City Clerk
20
21 The foregoing resolution is hereby approved this day of , 2009.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
25 Ap.roved as to form:
26 •
27 #es F. Penman, City Attorney
28
Exhibit"A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this day of
2009, by and between Cliff's Pest Control, Inc. ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino").
WITNESSETH:
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 contractor to
accomplish rodent and pest control at various park locations and the Pioneer Memorial
Cemetery; and
WHEREAS, VENDOR has satisfactorily provided rodent and pest control services at
CITY parks previously; and
WHEREAS, VENDOR has agreed to participate in the City's five percent reduction
request.
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
treat gophers and squirrels with Fumatoxin, a minimum of two services per month at each park
site, as directed by Park staff, and the Pioneer Memorial Cemetery.
2. COMPENSATION AND EXPENSES.
For rodent and pest control services rendered by Cliff's Pest Control, Inc., the
CITY, upon presentation of invoices, shall pay to the VENDOR $10.00 per acre for twice
monthly service. Annual purchase order amount is $50,300. Monthly invoices shall indicate the
5%reduction in cost for services, as agreed.
1
3. TERM.
The term of this Vendor Service Agreement shall be from July 1, 2009 through June 30,
2010.
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 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
2
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of 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 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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3
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: Cliffs Pest Control, Inc.
3165 June Street
San Bernardino, CA 92407
Telephone: (909) 887-1862
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.
4
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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5
VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CLIFF'S PEST CONTROL, INC.
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 matter
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 , 2009 VENDOR: Cliff's Pest Control, Inc.
By:
Its:
Dated , 2009 CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to form:
James F. Penman, City Attorney
By:
6
Exhibit"A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this—day of
2009,by and between Cliff's Pest Control, Inc. ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino").
WITNESSETH:
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 contractor to
accomplish rodent and pest control at various park locations and the Pioneer Memorial
Cemetery; and
WHEREAS, VENDOR has satisfactorily provided rodent and pest control services at
CITY parks previously; and
WHEREAS, VENDOR has agreed to participate in the City's five percent reduction
request.
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
treat gophers and squirrels with Fumatoxin, a minimum of two services per month at each park
site, as directed by Park staff, and the Pioneer Memorial Cemetery.
2. COMPENSATION AND EXPENSES.
For rodent and pest control services rendered by Cliff's Pest Control, Inc., the
CITY, upon presentation of invoices, shall pay to the VENDOR $10.00 per acre for twice
monthly service. Annual purchase order amount is $50,300. Monthly invoices shall indicate the
5%reduction in cost for services, as agreed.
1
3. TERM.
The term of this Vendor Service Agreement shall be from July 1, 2009 through June 30,
2010.
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 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
2
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least thirty (30) days prior to
any change in or termination of 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 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.
///
///
3
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: Cliffs Pest Control, Inc.
3165 June Street
San Bernardino, CA 92407
Telephone: (909) 887-1862
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.
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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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VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CLIFF'S PEST CONTROL, INC.
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 matter
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 , 2009 VENDOR: Cliff's Pest Control, Inc.
By:
Its:
Dated , 2009 CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to form:
James F. Penman, City Attorney
By: '
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