HomeMy WebLinkAbout21-Parks and Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCiJ ~A L
From: Kevin Hawkins, Director
Subject: Resolution authorizing execution of a Vendor
Service Agreement with Cliff's Pest Control,
Inc" an increase to annual Purchase Order
No, 209312, and an amendment to the
adopted FY 08/09 Budget.
Dept: Parks, Recreation & Community
Services Dept.
Date: March 25, 2009
MICC Meeting Date: April 20, 2009
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
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Signat;r~_)
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Contact person: Ramon Mata
Phone: 5030
Supporting data attached: Staff Report
Ward: City-wide
FUNDING REQUIREMENTS: Amount: An additional $12.000 for a total not-to-
exceed amount of $36,900.
Source: (Acct. No.) 001-382-5505
(Acct. Description) Parks Division - Other Professional Svcs.
Finance:
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Council Notes:
Agenda Item No. Z,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Interim City Manager to execute a Vendor Service Agreement with Cliffs Pest Control, Inc., and
authorizing the Director of Finance to increase annual Purchase Order No. 209312 to Cliff's Pest
Control and to amend the adopted FY 08/09 Budget.
Backl!:round:
The Parks Maintenance Division utilizes the services of Cliffs Pest Control to accomplish rodent
and pest control at various park locations. An annual purchase order (No. 209312) was awarded
to Cliff's Pest Control in the amount of $24,900 for FY 08/09.
The rodent/pest problems were more prevalent in City parks during the current fiscal year than
initially anticipated. Based upon the recent pattern of use of these services, it is necessary to
increase the annual purchase order in the amount of $12,000 to address this problem for the
balance of the fiscal year. The vendor has agreed to participate in the City's five percent
reduction request.
The Parks, Recreation and Community Services Department accomplished a reduction in parks
maintenance contract services, and has been picking up those duties in-house. As a result,
savings have been realized in Landscape Contracts (account no. 001-382-5506). Staff is
requesting a transfer in the amount of $12,000 from account no. 001-382-5506 to account no.
001-382-5505 (Other Professional Services) in order to fund the cost of the increased rodent/pest
control services.
Financial Imoact:
Staff requests authorization for the Director of Finance to amend the adopted FY 08/09 Budget
by transferring $12,000 from Account No. 001-382-5506 (Park Maintenance Landscape
Contracts) to Account No. 001-382-5505 (Park Maintenance - Other Professional Services); and
to increase Purchase Order No. 209312 to Cliffs Pest Control in the amount of$12,000.
Recommendation:
Adopt Resolution.
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RESOLUTION NO. 2009-
cory
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RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
A VENDOR SERVICE AGREEMENT WITH CLIFF'S PEST CONTROL, INC., AND
4 AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE ANNUAL PURCHASE
ORDER NO. 209312 TO CLIFF'S PEST CONTROL, INC., AND TO AMEND THE
5 ADOPTED FY 08/09 BUDGET.
6 BE IT RESOL VED BY THE MA YORAND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. That the Interim City Manager is hereby authorized to execute a
9 Vendor Service Agreement with Cliffs Pest Control, Inc., a copy of which is attached hereto,
10 marked Exhibit "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 amend the adopted FY
12 08/09 Budget by transferring $12,000 from account no. 001-382-5506 (Park Maintenance -
13 Landscape Contracts) to account no. 001-382-5505 (Park Maintenance - Other Professional
14 Services); and
15 SECTION 3. That the Director of Finance is hereby authorized to increase Annual Purchase
16 Order Number 209312 to Cliffs Pest Control, Inc. in the amount of $12,000, to a not-to-exceed
17 amount of$36,900.
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SECTION 4.
That the authorization granted hereunder shall expire and be void and of
19 no further effect ifthe Vendor Service Agreement is not executed by both parties and returned to the
20 Office of the City Clerk within thirty (30) days following the effective date of this Resolution.
21 III
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27 I I I
28 III
1 RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
VENDOR SERVICE AGREEMENT WITH CLIFF'S PEST CONTROL, INC., AND
2 AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE ANNUAL PURCHASE
ORDER NO. 209312 TO CLIFF'S PEST CONTROL, INC., AND TO AMEND THE
3 ADOPTED FY 08/09 BUDGET.
4. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
6 day of
7 COUNCIL MEMBERS:
8 ESTRADA
9 BAXTER
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
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,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2009.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City ttorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2009, by and between Cliffs 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
WHEREAS, the City of San Bernardino did solicit and accept bids from a number of
vendors for rodent and pest control services and Cliffs Pest Control, Inc. was the lowest and best
bidder, and
WHEREAS, Cliffs Pest Control, Inc. has previously provided rodent and pest control
services at City park sites.
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 rodent and pest control services at park sites as directed by Park staff.
2. COMPENSA nON AND EXPENSES.
Cliffs Pest Control, Inc. has been providing services to City park sites during FY
08/09 under Annual Purchase Order No. 209312 in the amount of $24,900; for the continuation
of services delineated above, the CITY, upon presentation of invoices, shall pay the VENDOR
an additional amount of$12,000.00, for a total not-to-exceed amount of $36,900.
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3. 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.
4. 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 at least thirty (30) days prior to
any change in or termination of the policy.
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5. 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.
6. 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.
7. 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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8. 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
9. 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.
10. 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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11. 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.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provIsions.
15. 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.
16. 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: Cliffs Pest Control, Inc.
By:
Its:
Dated
,2009
CITY OF SAN BERNARDINO
By:
Mark Weinberg, Interim City Manager
Approved as to form:
James F. Penman, City Attorney
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