HomeMy WebLinkAbout2007-394
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RESOLUTION NO. 2007-194
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS & SERVICES
OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN
REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (CARB)
REGULATIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and lronman Parts & Services, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. That 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 "Purchases approved by the Mayor and Common Council".
SECTION 3. That Ironman Parts & Services has offered a negotiated price of
$100,765.88 for the purchase and installation of seven (7) CARB approved Filters.
Pursuant to this determination the Purchasing Manager is hereby authorized to issue a
purchase order to lronman Parts & Services in the amount of $100,765.88
SECTION 4. That the Purchase Order shall reference this Resolution No.
2007- 394 and shall read, "purchase and installation of seven (7) CARB approved
Diesel Particulate Filters, P.O. No.
not to exceed $100,765.88" and shall
incorporate the terms and conditions of the Agreement.
Augus124,2007
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS & SERVICES
OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN
REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (CARB)
REGULATIONS.
SECTION 5. The authorization to execute the above-referenced Agreement
is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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August 24, 2007
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS & SERVICES
OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE,
FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN
REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (CARB)
REGULATIONS.
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 regular
meeting thereof, held on the 17th
day of September
, 2007, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
x
DERRY
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution is
September ,2007.
~~Jj~
b \J~~~~~ Cle;kl\)D/Alrfr.
h~bY approved this /~,../'~7d~'lfof
~~
City of San Bernardino
Ap roved as to Form:
.ft.
:J mes F. Penman, City Attorney
August 24, 2007
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2007-394
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of September
2007, by and between Ironman Parts & Services ("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 the purchase and installation of seven
(7) CARB approved Diesel Particulate Filters; and
WHEREAS, the City of San Bernardino did solicit and receive quotes from available vendors
for the purchase and installation of seven (7) CARB approved Diesel Particulate
Filters.
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 those products and services as set forth in this agreement.
2. COMPENSA nON AND EXPENSES.
For the services delineated above, the CITY, upon presentation of an invoice, shall pay the
VENDOR up to the total amount of$100,765.88 for the purchase and installation of seven (7)
CARB approved Diesel Particulate Filters.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
2007-394
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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
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.
VENDOR 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 VENDOR'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 arising from the performance of their respective obligations
under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent ofthis
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
2007-394
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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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
: to practice its business or profession.
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2007-394
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
TO THE VENDOR:
1ronman Parts & Services
2535 Anselmo Dr.
Corona, CA 92879
Telephone: (800) 247-8540
Attn: Monica George
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 connection with that litigation 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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2007-394
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.
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.
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
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.
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2007-394
VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: +-, 2007
Dated
~? ,2007
CITY ~AlIDTNO
By:
ed ilson, CIty Manager
Approved as to Form:
</~
. Penman, City Attorney
2007-394
Quote # 14437
I
Mise
Date
Order No.
Rep
FOB
8/1412007
Customer
Name
Address
City
Phone
City of San Bernardino
George Newlin
182 South Sierre
San Bernardino
909 384-5220
state Ca
ZIP 92408
Monica George
Email newlin aelBlsbcitv.ora
atv DescriDtion Unit Price TOTAL
7 Cleaire Horizon M Electrical Regenerated DPF $10,950.00 $ 78,850.00
Truck # 0500, 0189, 0190, 0192, 0195, 0198, 0155
7 Installation of above $ 1,950.00 $ 13,850.00
7 MIse. ins1allation parts, hardware -Vertical Mount $ 800.00 $ 4,200.00
or
Mise. ins1allatlon parts, hardware -Horizontal Mount $ 1,200.00
The Horizlln's_ demand is 2800_.
VoIIago AIqUinImont 208+/- 5_ (..oo.1aed) ~N:, & 60 Hz
Cin:uI_ 20 _ per plug
Each Horizon coo..o.todaimu-.sly....ui... its___
The __ plug is suppIIecI,1ho cord tD 1110 ouIIoI is cusIDmers 18llpClflSibII1Iy.
AII__ is port a11ho Horizon syslem ond_on1ho_.
This quolB does nollnclude ony _I wiring at cusIDmor..
SubTotal $ 94,500.00
Shipping
Pavment I Other Tax Rate(s) 7.75% $ 6,265.88
Comments Net 30 on Approved Credtt TOTAL $ 100 765.88
10IliC8 Use Only
Equipment must be available on tha date and time of appointment or additional charges wiI apply.
Lead time to be dalerminad attar mcelpt of purchase order
Thank You for you time and consideration, we /001< forward to tha oppolfunly to be of
service.