Loading...
HomeMy WebLinkAbout05.M- Public Works 5.M RESOLUTION (ID # 4457) DOC ID: 4457 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION R Purchase Order From: Chris Alanis M/CC Meeting Date: 06/20/2016 Prepared by: Susan Davis, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Vendor Service Agreement Between Inland Overhead Doors and the City of San Bernardino. (#4457) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $55,000. Account No. 001-400-0037-5505 Account Description: Other Professional Services Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 4-10-2014 Resolution # 2014-91 was approved authorizing the City Manager to execute agreement between the City of San Bernardino and Inland Overhead Doors for the maintenance of roll-up , bi-fold, and mechanized sliding doors in city buildings. Background: The Public Works Department, Building Maintenance Division, is responsible for maintaining 100 roll up, bi-fold, and sliding doors in various City buildings. The doors require routine maintenance in order to keep them good working order. Building Maintenance is requesting a one-year extension on Purchase Order 2016-108 with Inland Overhead Doors. This decision is based on pending decisions and agreements with the City's Plan of Adjustments. This extension will commence on July 2016 through June 2017. City Attorney Review: Supporting Documents: INLAND OVERHEAD DOOR RESOLUTION (DOC) agrmt 4457 (PDF) Inland Overhead Door Reso # 2014-91 (PDF) Updated: 6/13/2016 by Georgeann "Gigi" Hanna B Packet Pg. 389 5.M.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN INLAND 4 OVERHEAD DOORS AND THE CITY OF SAN BERNARDINO. 0 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE o 6 CITY OF SAN BERNARDINO AS FOLLOWS: U) c m X 7 SECTION 1. The City Manager is hereby authorized and directed to execute W 0 8 a Amendment Number One to the Vendor Services Agreement between the City of San o 9 ° Bernardino and Inland Overhead Doors attached hereto as Exhibit "A" and incorporated 10 L herein by the reference. > 11 0 12 SECTION 2. The Director of Finance, or his designee, is hereby authorized and c 13 directed to issue a third single year renewal to the annual purchase order issued to Inland , v 14 Overhead Door in the amount of$35,000 for the third option year of July 1, 2016 to June 30, z 0 15 2017. D 16 0 SECTION 3. That the above authorizations are hereby rescinded and void if W 17 Amendment Number One is not executed by all parties and returned to the Office of the City 0 18 0 19 Clerk within sixty(60) days of the passage of this Resolution. w 20 21 0 ° Z 22 ? 23 24 U RS w 25 26 27 28 1 Packet Pg. 390 5.M.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 2 NUMBER ONE TO THE VENDOR SERVICE AGREEMENT BETWEEN INLAND OVERHEAD DOORS AND THE CITY OF SAN BERNARDINO. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ti 0 5 and Common Council of the City of San Bernardino at a c 6 meeting thereof, held on the day of 2016, by the following vote, a x 7 w to wit: a 8 0 0 0 9 Council Members: AYES NAYS ABSTAIN ABSENT 0 m 10 MARQUEZ 11 0 BARRIOS c 12 VALDIVIA 13 SHORETT 14 z 15 NICKEL J 16 RICHARD N Uj 17 MULVIHILL o 18 0 0 19 a Georgeann Hanna, City Clerk i 20 w 21 The foregoing Resolution is hereby approved this day of ,2016. 0 0 z 22 J z 23 R. Carey Davis, Mayor 24 City of San Bernardino r 25 Approved as to form: Q 26 Gary D. Saenz, City Attorney 27 By: 28 2 Packet Pg. 391 AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS This Amendment Number One (the "First Amendment") is entered into this ^ day of , 2016,BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); CD T AND, 0 .N Inland Overhead Door (the "VENDOR") (individually CITY or VENDOR may be referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the w "PARTIES"). a 0 WITNESSETH : o WHEREAS, on April 7, 2014 the Mayor and Common Council approved Resolution 2014-91 L authorizing the City Manager to execute that certain Agreement entitled Vendor Services Agreement Between the City of San Bernardino and Inland Overhead Door for Maintenance of 0 Roll-Up Bi-fold, and Mechanized Sliding Doors (the "Agreement"); and, WHEREAS, CITY and VENDOR desire to amend the Agreement and desire to amend their LO rights, duties, and liabilities in connection with their performance thereunder; and, v NOW, THEREFORE, for and in consideration of the mutual covenants and conditions v contained herein,the PARTIES hereby agree as follows: E 1. Section 3 shall be amended to read as follows: w "3. Term; Termination. E 0 The term of this Agreement shall be from April 7, 2014 through June 30, 2014, with a three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30,2017. 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 full force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the Agreement." AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD,AND MECHANIZED SLIDING DOORS Page 1 of 3 Packet Pg. 392` �w •air S.M.b 2. All of terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] t 0 N C 0 .N C d X W O o. L 0 0 0 m L O LO ti drr+ L E 0 Q AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS Page 2 of 3 Packet Pg. 393 S.M.b AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD,AND MECHANIZED SLIDING DOORS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 VENDOR: Inland Overhead Door 0 N By: o N Its: X w O a I- 0 Dated ,2016 CITY OF SAN BERNARDINO o CU d s L By. o Mark Scott, City Manager 0 c c APPROVED AS TO FORM: n Gary D. Saenz, City Attorney Ln Iq By: E L CU E w a 1 1 1 ,. AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP,BI-FOLD,AND MECHANIZED SLIDING DOORS Page 3 of 3 Packet Pg. 394 5.M'c 1 RESOLUTION NO.�-9 t 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 3 SERVICES AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER 4 IN AN AMOUNT NOT TO EXCEED $35,000 WITH TWO SINGLE YEAR RENEWALS AT THE CITY'S OPTION TO INLAND OVERHEAD DOOR FOR THE o 5 MAINTENANCE OF ROLL-UP, BI-FOLD, AND MECHANIZED SLIDING DOORS IN CITY BUILDINGS. 0_ 6 d 7 WHEREAS, Inland Overhead Door submitted the lowest bid for the maintenance of w O roll-up,bi-fold, and mechanized sliding doors in City buildings. °- 8 0 0 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE ° 10 CITY OF SAN BERNARDINO AS FOLLOWS: s as L d 11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized O 12 and directed to execute on behalf of said City a Vendor Services Agreement between the City a 13 of San Bernardino and Inland Overhead Door, a copy of which is attached hereto, marked � It 14 Exhibit"A",and incorporated herein by reference as fully as though set forth at length. 15 T Nt SECTION 2. 'That pursuant to this determination the Director of Administrative 16 N 17 Services, or his designee, is hereby authorized and directed to issue an annual purchase order 0 a� o: 18 to Inland Overhead Door in the amount of$35,000 with two single year renewals at the City's o 0 ° 19 option. .a c� 20 SECTION 3. The Purchase Order shall reference this Resolution Number and shall d 21 O' read, "Inland Overhead Door for the maintenance of roll-up, bi-fold, and mechanized sliding 22 doors in City buildings. Agreement not to exceed $35,000" and shall incorporate the terms C 23 d 24 and conditions of the agreement. E U 25 SECTION 4. The authorization to execute the above referenced Agreement is a 26 rescinded if' it is not executed by both parties within sixty days of the passage of this 27 resolution. 28 Packet Pg.395 5.M.c 2014--91 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 2 SERVICES AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $35,000 WITH TWO SINGLE YEAR 3 RENEWALS AT THE CITY'S OPTION TO INLAND OVERHEAD DOOR FOR THE 4 MAINTENANCE OF ROLL-UP, BI-FOLD, AND MECHANIZED SLIDING DOORS r: IN CITY BUILDINGS. o N 5 = I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0 S _ d 7 and Common Council of the City of San Bernardino at a joint regular meeting w O thereof,held on the 7th day of_.p�,r.i1 , 2014, by the following vote,to wit: 0- 0 0 9 Council Members: AYES NAYS ABSTAIN ABSENT �v 10 MARQUEZ, x d 11 0 BARRIOS x 12 13 VALDIVIA x _ ti LO IT 14 SHORCTI' _x _v 15 NICKEL x 16 JOHNSON x 17 ,°n MULVIHILL x (D 1s 0 19 ° 20 George n Hanna, C y Clerk L d 21 The foregoing;resolution is hereby approved this day of April 2014. 0 22 23 ` ' : R. CAREY D IS, Mayor 0 24 City of San B rnardino 25 Approved as to form: 26 GARY D. SAFNZ, City Attorney 27 2s B .— Packet Pg.396 2014-91 5.M.c VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD AND MECHANIZED SLIDING DOORS This VENDOR Service Agreement is entered into this 7th day of April, 2014, by and between Inland Overhead Door ("VENDOR") and the City of San Bernardino ("CITY" or iZ "San Bernardino"), o N O WITNESSETH: y c a� WHEREAS, the Mayor and Common Council has determined that it is advantageous w O a and in the best interest of the CITY to contract for maintenance of roll-up, bi-fold, and c 0 0 mechanized sliding doors in City buildings and; w L WHEREAS, The City of San Bernardino did solicit and accept quotes from available O VENDORs for such maintenance of roll-up, bi-fold, and mechanized sliding doors in City buildings; and Ln WHEREAS, VENDOR is the lowest bidder to provide said service to City; and CP v NOW, THEREFORE,the parties hereto agree as follows: o N *# L SCOPE OF SERVICES. 0 a� For the remuneration stipulated, San Bernardino hereby ,engages the services of c 0 VENDOR to provide those services as set forth in RFQ F-14-20, a copy of which is on file in the Public Works Department and a copy of the Price Form is attached hereto as Attachment o "I" and incorporated here by this reference. E 2. COMPENSATION AND EXPENSES. E a. For the services delineated above, the CITY, upon presentation of an invoice, shall r pay the VENDOR up to the amount of$35,000 for maintenance of roll-up, bi-fold, and mechanized sliding doors in City buildings pursuant to RFQ F-14-20. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit "A" I Packet Pg. 397 2014-91 3. TERM; TERMINATION. The term of this agreement shall be from April 7, 2014 through June 30, 2014, with two (2) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2014 through dune 30, 2015. Option year two, if exercised, shall be effective July I, 201.5 through June 30, 2016. N c This Agreement may be terminated at any time by thirty (30) days' written notice by d either party. The terms of this Agreement shall remain in force unless amended by written w 0 a. agreement of the parties executed on or before the date of expiration of current term of the c 0 0 agreement. d L 4. INDEMNITY. 0 VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, r- c agents or representatives, free and harmless from all claims, actions, damages and liabilities of LO v v any kind and nature arising from bodily injury, including death, or property damage, based or rn asserted upon any or alleged act or omission of VENDOR, its employees, agents, or c N subcontractors, relating to or in any way connected with the accomplishment of the work or as performance of service under this Agreement, unless the bodily injury or property damage was o 0 actually caused by the sole negligence of the City, its elected officials, employees, agents or t L representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at o 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 E omissions. VENDOR hereby waives any and all rights to any types of express or implied w a 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. Exhibit"A" I 2 Packet Pg.398 2014-91 S.M.c 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 iZ worker's compensation coverage, and shall file copies of said policies with the CITY's Risk N c Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an N c d additional named insured in each policy of insurance provided hereunder. The Certificate of w O CL Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior o 0 0 to any change in or termination of the policy. 0 G. NON-DISCRIMINATION. O In the performance of this Agreement and in the hiring and recruitment of employees, r- c VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, r, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or c N sexual orientation, or any other status protected by law. 0 as 7. INDEPENDENT CONTRACTOR. o 0 0 VENDOR shall perform work tasks provided by this Agreement, but for all intents and d purposes VENDOR shall be an independent contractor and not an agent or employee of the o CI'T'Y. VENDOR shall secure, at its expense, and be responsible for any and all payment of � Income Tax, Social Security, State Disability Insurance Compensation, Unemployment E Compensation, and other payroll deductions for VENDOR and its officers, agents, and w a employees, and all business license, if any are required, in connection with the services to be performed hereunder. Exhibit"A" 3 Packet Pg.399 201.4-91 5.M.c S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. f VENDOR warrants that it possesses or shall obtain, and maintain a business registratior 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 ti to practice its business or profession. N _ 0 NOTICES. d Any notices to be given pursuant to this Agreement shall be deposited with the United w O a States Postal Service, postage prepaid and addressed as follows: c 0 TO THE CITY: Public Works Director 300 North«D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 a c 0 TO THE VENDOR: Inland Overhead Door = 12401 South La Cadena Drive LO Colton, CA 92324 It Telephone: (909) 783-3131 Contact: Greg Sherrett 0 9. ATTORNEYS' FEES. 0 w In the event that litigation is brought by any party in connection with this Agreement, W 0 0 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, m including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of O its rights or remedies hereunder or the enforcement of any of the terms, conditions or c o provisions hereof. Attorney's fees for the City Attorney and members of his office shall be :.c c. m calculated based on market rate for comparable services. _ 10. ASSIGNMENT. a 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 Exhibit"A" 4 Packet Pg.400 2014-91 5.M.c written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voic and shall constitute a breach of this Agreement and cause for the termination of thi, 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. N c 11. VENUE. m X The parties hereto agree that all actions or proceedings arising in connection with this o a. Agreement shall be tried and litigated either in the State courts located in the County of San c 0 Bernardino, State of California or the U.S. District Court for the Central District of California, d s L Riverside Division. The aforementioned choice of venue is intended by the parties to be V mandatory and not permissive in nature. 12. GOVERNING LAW. a This Agreement shall be governed by the laws of the State of California. 13. SUCCESSORS AND ASSIGNS. N This Agreement shall be binding on and inure to the benefit of the parties to this Agreement d a: and their respective heirs, representatives,successors, and assigns. o 0 14. HEADINGS. i The subject headings of the sections of this Agreement are included for the purposes of p v convenience only and shall not affect the construction or the interpretation of any of its _ provisions. E t 15. SEVERABILITY. Q 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 Exhibit"A" 5 Packet Pg.401 2014--91 5:M.c other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the ti parties, and supercedes any prior agreements and understandings relating to the subject manner N 0 of this Agreement. This Agreement may be modified or amended only by a written instrument d X executed by all parties to this Agreement. w O a L O O 0 v ca m s L m O c ti LO v v rn v 0 N #k O N d L O O d L CD > O W d E V 4 Exhibit"A" 6 Packet Pg.402 2014-91 5.M.c VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND OVERHEAD DOOR FOR MAINTENANCE OF ROLL-UP, BI-FOLD AND MECHANIZED SLIDING DOORS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 0 N C Dated: ,(5�1�( , 2014 INLAND OVERHEAD DOOR as r X By' O Uj Its: a. L O O 0 Dated J/ _ l , 2014 CITY OF SAN BERNARDINO s L Q� By. O A11e . Parker, City Manager Approved as to Form: Gary D. Saenz, City Attorney ti v B -f CD Co N O N d L O O d t L d O ca c c m E c� w Q Exhibit "A" Packet Pg. 403