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HomeMy WebLinkAbout22-Public Services c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and issuance of a purchase order to lronman Parts & Services pursuant to section 3.04.010-B3 of the Municipal Code, for eight Diesel Particulate Filters to be installed on eight refuse trucks, per the California Air Resources Board (CARB) regulations. Dept: Public Services Date: November 7,2007 Meeting Date: December 3, 2007 Synopsis of Previous Council Action Sept. 7,2004 Reso 2004-281 July 18, 2005 Reso 2005-252 June 19, 2006 Reso 2006-184 Sept. 17,2007 Reso 2007-394 Recommended Motion: 1. Adopt Resolution; and 2. Authorize the Director of Finance to amend the FY 07/08 Fleet budget to appropriate $77,500.00 into 635-341-5173, Outside Vehicle Maintenance and to make the corresponding adjustments in the Refuse Fund. ,/' ~ _ ~ /C/7/j //~___ v Signature Filter systems for 8 Refuse trucks Filter systems for 18 Refuse trucks Filter systems for 16 Refuse trucks Filter systems for 7 Refuse trucks Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quote, Resolution, Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $77,464.24 Source: 635-341-5173 Outside Vehicle Maintenance Finance: Council Notes: J~f3/1J7 Agenda Item No. d..d- c ,.- L c CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order to lronman Parts & Services of Corona pursuant to Section 3.04.010-83 of the Municipal Code, for eight Diesel Particulate Filters to be installed on eight refuse trucks, per the California Air Resources Board (CARB) regulations. Background: On July 20, 2004 the California Air Resources Board "CARB" adopted "Diesel Particulate Matter Control Measures" for on-road heavy duty diesel fueled residential and commercial solid waste collection vehicles. Article 4 of the California Code of Regulations requires 1 00% percent of 1988 to 2002 engine models be fitted with the "best available control technology" by December 31, 2007. The City of San Bernardino must install particulate traps on eight additional refuse trucks to meet the requirement of 100% percent compliance and the deadline of December 31 , 2007. Fleet staff has negotiated with lronman Parts & Services of Corona for the purchase and installation of the eight devices. lronman Parts & Services is the same vendor that has supplied and installed forty-nine (49) devices on the City Refuse trucks over the last four years. There are no local vendors certified for purchase or installation of the required equipment. These eight units could not be included in the September Council item until the data logging process needed to determine the type of device required for compliance was completed. It is recommended that a purchase order be issued for a total amount of $77,464.24 to Ironman Parts & Services. Financial Impact: Based on estimates used in the FY 07/08 budget the Refuse Fund is anticipated to have about $500,000.00 in the undesignated Refuse Fund Balance. It is staffs recommendation to use $77,500.00 of these funds to pay for the eight Diesel Particulate Filters. A budget amendment is needed to appropriate the funds in the Fleet budget and do a corresponding increase to the Refuse Fleet charge backs to have the Refuse Fund pay for the full cost of these items. Recommendation: Adopt Resolution, and Authorize the Director of Finance to amend the FY 07/08 Refuse budget to appropriate $77,500.00 into 635-341-5173, Outside Vehicle Maintenance and make the corresponding adjustments in the Refuse Fund. - ',,- c c 1 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE 3 ORDER TO IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR EIGHT DIESEL 4 PARTICULATE FILTERS TO BE INSTALLED ON EIGHT REFUSE TRUCKS, PER 5 THE CALIFORNIA AIR RESOURCES BOARD (CARB) REGULATIONS. 6 7 8 9 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 10 Bernardino and Ironman Parts & Services, which is attached hereto, marked Exhibit 11 12 "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 13 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 14 Code "Purchases approved by the Mayor and Common Council". 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. That Ironman Parts & Services have offered a negotiated price of $77,464.24 for the purchase and installation of eight (8) CARB approved Filters. Pursuant to this determination the Purchasing Manager is hereby authorized to issue a purchase order to Ironman Parts & Services in the amount of $77,464.24 SECTION 4. That the Purchase Order shall reference this Resolution No. 2007- and shall read, "purchase and installation of eight (8) CARB approved Diesel Particulate Filters, P.O. No. not to exceed $77,464.24" and shall incorporate the terms and conditions of the Agreement. l;;l-s-o) (lJ(),d~ November 20, 2007 - i......... 12 13 /1/ C 14 /1/ 15 /1/ 16 /1/ 17 /1/ c 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE 2 ORDER TO IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR EIGHT DIESEL 3 PARTICULATE FILTERS TO BE INSTALLED ON EIGHT REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (CARB) REGULATIONS. 4 SECTION 5. The authorization to execute the above-referenced Agreement 5 6 7 resolution. is rescinded if it is not executed within sixty (60) days of the passage of this 8 /1/ 9 /1/ 10 /1/ 11 /1/ 18 19 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /1/ 25 26 27 28 /1/ /1/ /1/ November 20, 2007 ".... !~i c c A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING 1 THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE 2 ORDER TO IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, FOR EIGHT DIESEL 3 PARTICULATE FILTERS TO BE INSTALLED ON EIGHT REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (CARB) REGULATIONS. 4 5 6 7 8 9 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA 11 12 13 BRINKER BAXTER 14 DERRY 15 16 17 18 19 20 21 22 23 24 25 2 2 28 KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is ,2007. hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino J mes F. Penman, City Attorney November 20, 2007 l""'" ~ c c VENDOR SERVICE AGREEMENT 1 2 3 4 ("CITY" or "San Bernardino"). 5 WITNESSETH: 6 7 8 9 10 11 vendors for the purchase and installation of eight (8) CARB approved Diesel Particulate 12 Filters. 13 NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. This Vendor Service Agreement is entered into this 3rd day of December 2007, by and between Ironman Parts & Services ("VENDOR") and the City of San Bernardino 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 eight (8) CARB approved Diesel Particulate Filters; and WHEREAS, the City of San Bernardino did solicit and receive quotes from available 14 15 16 17 18 19 20 21 22 23 24 3. 25 26 27 28 For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services for the purchase and installation of eight (8) CARB approved Diesel Particulate Filters as set forth in this agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the total amount of $77,464.24 for the purchase and installation of eight (8) CARB approved Diesel Particulate Filters. b. No other expenditures made by VENDOR shall be reimbursed by CITY TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. Exhibit "A" (- ~ c c 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. 1 2 3 4 4. 5 6 7 8 9 under the agreement. 10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 11 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 12 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 13 obligations under the Agreement. 14 15 16 claim, action, loss, or damage arising from the performance of their respective obligations 17 under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 18 comparative fault. 19 5. INSURANCE. 20 21 22 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 23 24 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 25 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 26 additional named insured in each policy of insurance provided hereunder. The Certificate of 27 28 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 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 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 Exhibit "A" c c c Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or 1 2 termination in the policy. 3 6. 4 5 6 7 8 9 10 11 7. 12 13 14 15 16 17 18 19 20 8. 21 22 23 24 25 26 III 27 III 28 NON-DISCRIMINA nON. 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. 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. BUSINESS REGISTRA nON 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. Exhibit "A" c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: lronman 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. Exhibit "A" ie c c VENUE. 1 12. 2 3 4 5 6 7 8 9 10 14. 11 12 Agreement and their respective heirs, representatives, successors, and assigns. 13 15. 14 15 16 17 proVISIOns. 18 16. 19 20 21 22 23 24 III 25 III 26 III 27 III 28 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 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 marmer of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. Exhibit "A" I "._~._. VENDOR SERVICE AGREEMENT C 1 2 3 4 5 6 7 8 9 10 11 12 13 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. VENDOR By: ,2007 Dated: Its: CITY OF SAN BERNARDINO By: Dated ,2007 Fred Wilson, City Manager Approved as to Form: c 14 15 By: James F. Penman, City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 c Exhibit "A" c c I I , C. i I I I I i i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 3rd day of December 2007, by and between lronrnan 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 eight (8) 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 eight (8) 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 for the purchase and installation of eight (8) CARB approved Diesel Particulate Filters as set forth in this agreement. 2. COMPENSA nON AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the total amount of $77,464.24 for the purchase and installation of eight (8) CARB approved Diesel Particulate Filters. b. No other expenditures made by VENDOR shall be reimbursed by CITY 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. I"'" '-' c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c c 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 bylaw, 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. III 1/1 Ie c 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c 1 9. 2 3 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: Ironrnan 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. Ie c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 convemence only and shall not affect the construction or the interpretation of any of its provIsIOns. 16. 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. //1 III " III III II c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 VENDOR By: Its: Dated ,2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: ,~ c c c Email newlin """"'sbcilv.orn Qtv DescriDllan Unit Price TOTAL 8 1~2 DPF <3OOHP Mufller system, (<1700CFM) $ 8,200.00 $ 65,600.00 T~I133,138,134,180,185,1202,198,1203 8 Installation of DPF System $ 550.00 $ 4,400.00 8 Misc. installation parts, brackets, tubing, hardware $ 276.13 $ 2,209.04 Customer Name Address City Phone Quole t# 14437 I City of San Bernardino George Newlin 182 South Sierra San Bernardino 909 384-5220 Mise Date Order No. Rep FOB Monica Geor e 9f25f2007 ZIP 92408 State Ca CD/Cable (1) SubTotal $ 72 209.04 Shipping Paymerrt r Select One... Tax Rate(s) 7.75% $ 5,255.20 Comments TOTAL $ n,464.24 10fliC8 Use Only Than!< you for you time and consider8lion, we look fotward to the opportunity to be of s8l1lice.