HomeMy WebLinkAbout2007-393
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RESOLUTION NO. 2007-393
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN INCREASE TO ANNUAL PURCHASE
ORDER NUMBER 208237 IN THE AMOUNT OF $157,301.00 TO INLAND
REGIONAL MATERIAL RECOVERY FACILITY (IRMRF) PURSUANT TO 3.04.010
B-3 OF THE MUNICIPAL CODE FOR TRANSFER TRASH DISPOSAL FEES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the current purchase order of $24,999.00 needs to be increased by
$157,301.00 for a total purchase order amount of $182,300.00;
SECTION 1. The Mayor and Common Council hereby approves Amendment
Number 1 to the Vendor Services Agreement dated October 19, 2006.
SECTION 2. The Mayor and Common Council hereby authorize an increase in
the existing purchase order by an additional $157,301.00.
SECTION 3. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B-3 of said
Code.
SECTION 4. The Purchase order shall reference this Resolution No.
2007 393
and shall read, "Inland Regional Material Recovery Facility (IRMRF)
for transfer ttash disposal fees."
SECTION 5. The authorization to increase the above referenced Purchase
Order is rescinded if it is not issued within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN INCREASE TO ANNUAL PURCHASE
ORDER NUMBER 208237 IN THE AMOUNT OF $157,301.00 TO INLAND
REGIONAL MATERIAL RECOVERY FACILITY (IRMRF) PURSUANT TO 3.04.010
B-3 OF THE MUNICIPAL CODE FOR TRANSFER TRASH DISPOSAL FEES.
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following vote, to wit:
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9 , Council Members:
10 . ESTRADA
11 BAXTER
12 : BRINKER
13 , DERRY
U
15 .
IS . JOHNSON
17 : MCCAMMACK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint r~gular
meeting thereof, held on the
17th
day of ~eptember
, 2007, by the
ABSTAIN
ABSENT
AYES
NAYS
x
x
x
x
KELLEY
x
x
x
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19 :
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~ ~~~~~IM\J\lr17,_
is hereby approved this / ~v~ of
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The foregoing resolution
September , 2007.
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2007-393
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
This Agreement is entered into this 17th day of September , 2007, by
and between Inland Regional Material Recovery Facility ("VENDOR") and the
City of San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On November 6, 2006, Inland Regional Material Recovery Facility and the City
/
of San Bernardino entered into a Vendor Services Agreement for transfer trash
disposal fees for a total of $379,800.00 with three single year renewal options, a
copy of which is attached hereto as "Attachment I" and incorporated by this
reference.
B. The Public Services Department, Integrated Waste Management Division requests
renewal of the second years' option for FY07-08.
C. The CITY and VENDOR now desire to increase the amount of Purchase Order
Number 208237 by $157,301.00 for FY 07-08 for a total of$182,300.00.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
Renewal of the second year's option for FY 07-08
The other provisions of the written contract are reaffirmed as originally stated.
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2007-393
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
Inland Regional Material Recovery Facility
,2007
BY@ s~f~,
viE r-'G4'tt. M "I-NJt1'6L.
Dated:
9Ir!07 ,2007
. By: Fred Wilson, City Manager
ATTEST:
~b.~
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
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e
A;\\TACHMENT 1
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VENDOR SERVICE AGREEMENT
Tbis Vendor Sen'ice Agreement is entered into this _ day of
200 _, by and between Inland Regional \1aterial Reeo"ery Facility ("VEDNOR") 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 acquire waste transfer services; and
WHEREAS, the City of San Bernardino will use a select source process in lien of
proposals and bids due Lo the VENDOR location and operational benefits; and
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VEI,mOR to provide waste trans fer ser.iees and incorporated herein by this reference.
2.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an
invoice, shall pay the VENDOR the amount ofS3 79.800 lor annual waste transfer services
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3.
TERM; SEVERABILITY.
The tenn of this Agreement shall be for a period of one year (s) with three single year
renewal options.
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.
CITY agrees to indemnify and hold harmless VENDOR, its officers. agents and
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volunteers from any and all claims, actions, or losses, damages and'or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VEI\'DOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VHiDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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,
VHiDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VE!\'DOR 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 VEI-,mOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VE)\,1)OR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required ofVEl'<'DOR
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: Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Inland Regional Material Reeovcry Facility
TO THE VENDOR:
2059 E. Steel Road
Colton, C A 92324
10. ATTORNEYS' FEES
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In the e\'ent that litigation is brought by any party in cOilllection 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 ofthis 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 the
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.
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20 Dated
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.
HEADIl"GS.
The subject headings of the sections of this Agreement are included for the purposes of
cOllvenience only and shall not affect the construction or the interpretation of any of its
provIsions.
16.
ENTIRE AGREEMENT; MODIFICATION.
This Agreement Conslltutes 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.
Il" WITr\ESS THEREOF, the parties hereto have executed this Agreement on the day
and date sct forth below.
VENP6R.)
By: \/,L .
Dated: 6d-~, 200(.
Its: l .. -{;'1...",61..H.
,"I.-l"'..rt'-l-~
__,200
CITY OF SAN BERNARDINO
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By:
Patrick J. Morris, Mayor
Approved as to Form:
JAMES F. PEl"lMAN,
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By. l...e.tu...\~~(~
James F. Penman, City Attorney