HomeMy WebLinkAbout2008-309
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RESOLUTION NO. 2008-309
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $238,000 BY
EXERCISING ITS FOURTH AND FINAL YEAR OPTION WITH REHRIG PACIFIC
COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
REFUSE SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City a Vendor Service Agreement between the
10 City of San Bernardino and Rehrig Pacific Company, a copy of which is attached
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though set forth at length.
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hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as
SECTION 2. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a purchase order to Rehrig Pacific
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16 Company in an amount not to exceed $238,000.
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SECTION 3.
The Purchase Order shall reference this Resolution No.
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and shall read, "Rehrig Pacific Company for the purchase of automated
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carts for residential refuse services, not to exceed $238,000" and shall incorporate the
terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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200'8-309
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $238,000 BY
EXERCISING ITS FOURTH AND FINAL YEAR OPTION WITH REHRIG PACIFIC
COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
REFUSE SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
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8 following vote, to wit:
4th day of August
, 2008, by the
meeting thereof, held on the
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~b.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this t 1'71 day of
August , 2008.
Approved as to Form:
2008-309
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 4th day of August 2008, by and
between Rehrig Pacific Company ("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 of automated carts for
residential refuse services; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for automated carts; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City;
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 on Attachment "I" attached
hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $238,000, for the purchase of automated
carts for residential refuse services.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year.
EXHffiIT "A"
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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.
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 on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment ofthe work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence ofthe 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.
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
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
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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,
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.
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 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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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:
Rehrig Pacific Company
4010 E. 26th Street
Los Angeles, CA 90023
Telephone: (323) 262-5145
Contact: Justin Fellhauer
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
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term ofthis Agreement.
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
convenience 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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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.
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~008-309
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12 Approved as to Form:
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VENDOR SERVICE AGREEMENT
REHRIG PACIFIC COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated:
AUG 1 g , 2008
VENDOR.
By:
Its:
] ES L. VRELiJ, C. F. O.
CITY F SAN BERNARDINO
Dated ~ 7 ,2008
By:
Fred Wilson, City M
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2008-309
ATTACHMENT "I"
~~ri.s ~ fODl]laD]!
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July 1, 2008
Rudy Umana
Solid Waste Manager
City of San Bernardino
234 South Mt View Ave
San Bernardino, CA 92408
Dear Rudy,
Thank you for the opportunity to present you with pricing on our 95 gallon autornated
containers for the upcoming fiscal year extension. Over the past several months the price
of raw materials, specifically resin, has continued to increase with no end in sight. Based
on the current market level we are pleased to offer you the following pricing;
Product Color Ouantity Price
95-gallon Black Any $51.09
universal cart (any color lid) (486 per load)
BASE CART PRICE (486 @$51.09)
TAX @ 7.75%
FREIGHT @ $0.50 PER CART
TOTAL
$24,829.74
$ 1,924.30
$ 243.00
$26,997.04
*Pricing includes hot stamping and branding of containers with existing San Bernardino
artwork, pre-attached lids, and blow molded end cap wheels
* Above pricing is based upon current resin conditions. Should raw material costs
(resin) increase or decrease in excess of 5%; a resin escalator may be calculated
based on Chem Data, an internationally recognized index
Thank you for the continued business. We look forward to working with you to meet
your container needs. Please call me at (310) 529-8774 if you have any questions.
Sincerely,
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Justin F ellhauer
Sales Manager