HomeMy WebLinkAbout2009-012
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RESOLUTION NO. 2009-12
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
3 NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
STREET DIVISION SEWER MAINTENANCE CREW.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. 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 Neff Rental Company of San Bernardino for the purchase of one
SRECO-trailer mounted sewer rodder to be utilized by the Public Services Department
Street Division Sewer Maintenance Crew, 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. 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 Neff Rental Company has offered a purchase price of
$47,556.47 for the purchase of one (1) SRECO-trailer mounted sewer rodder.
Pursuant to this determination the Finance Director is hereby authorized to issue a
purchase order to Neff Rental Company of San Bernardino, in the amount of
$47,556.47, which will facilitate the procurement of the SRECO-trailer mounted sewer
rodder.
SECTION 4. The Purchase Order shall reference this Resolution No. 2009-~
and shall read, "Purchase of one (1) SRECO-trailer mounted sewer rodder, P.O. not to
exceed $47,556.47" and shall incorporate the terms and conditions of the Agreement.
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2009-12
1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
2 NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
3 SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
4 STREET DIVISION SEWER MAINTENANCE CREW.
5 SECTION 5. The authorization to execute the above referenced Purchase
6 Order and Agreement is rescinded if the Agreement is not executed by both parties
7 within sixty (60) days of the passage of this resolution.
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2009-12
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $47,556.47 TO
NEFF RENTAL COMPANY OF SAN BERNARDINO PURSUANT TO SECTION
3.04.010-B3 OF THE MUNICIPAL CODE FOR A SRECO-TRAILER MOUNTED
SEWER RODDER TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
STREET DIVISION SEWER MAINTENANCE CREW.
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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 20th day of Januarv
following vote, to wit:
, 2009, by the
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
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BAXTER x
BRINKER _---1L-
VACANT -->--
KELLEY x
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x
JOHNSON
MCCAMMACK x
Q~k.~
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this ~/~r day of
January ,2009.
A
es F. Penman, City Attorney
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atri k J. Morris, ayor
City of San Bernardino
2009-12
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between Neff Rental Company ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of one (1) SRECO -Trailer mounted
continuous sewer rodder; and
WHEREAS, the City of San Bernardino has determined that VENDOR possesses the
ability to provide said services to the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
November 25, 2008, attached hereto, marked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length.
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 $47,556.47 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term ofthis agreement shall be for a period of one (1) year.
Exhibit "A"
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
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 or
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 of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the 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.
S. 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
Exhibit "A"
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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. Insurer shall give CITY 30 days notice prior to enactment and any
. change or termination of 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,
Exhibit "A"
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2009-12
1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 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
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TO THE VENDOR:
Neff Rental Company
222 East Valley St.
San Bernardino, CA 924()8
Telephone: (813) 267-5098
Contact: Robert Veazey
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 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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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
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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
Exhibit "A"
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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 ofthe 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
convenience 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.
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Exhibit "A"
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9 Dated ~h~O." 2009
VENDOR SERVICE AGREEMENT
NEFF RENTAL COMPANY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: J-1cJ-
,2009
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Its: Go Ac.co
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By:
Cit
CITY 0
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Approved as to Form:
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Exhibit "A"
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2009-12
Attachment "1"
222 Easl Valle)' Slreel
Sail Belllll'dillo, Ca. 92408
11/25/2008
To: MI". Paul GetTy
City of San B.ernardino
Fax: (909) 384-7238
I'h: (909) 384-5224
We are pleased to provide you with the following quotation for a SRECO-Flexible
Trailcr Mounted Continuous Sewer Roddel' for your review.
1 SRECO-Flcxible Model HS393TR Trailer Mounted Continuous Sewer Rodder
complete with thc following featut'cs.
. 20 HI' Engine
. 2" Ball Hiteh
. 1500 ft. Capacity Rod Storage Reel
. 100 ft. .393 Continuous Rod Installed on Rod Storagc Reel
. Rotating "New Millennium Style" Dl"ive Head
. Singlc Drive Motor for Hend ad Single Motor for Reel
. Dnal Hydraulic, 15 GPM Pumps
. .375 to 3/8" Coupling for use with 3/8" Adapter Rod Tools
. Rescttable, Friction Roller, Panel Mount, Footage Metcr
. Rounded Cowling with Standard Reel Access Doo,'
. Tclescopic Rod Guide Hose Stand, Frame Mountcd
. Rod Guide Hose Brackets for Transportation Needs
. Hand Crank Stabilizer on Towing End with Whecl
. I'aint White Inside and Outside
. Rod Bcnding Kit for .393 Rod
. Grcase Gun with Cartridge
Complete with the following optional features:
. Robotics
. 200 ft. Extra .393 Rod fOI' a total of 1200 ft.
Continucd...
Attachment "1"
2009-12
222 Easl Valley Sll'eel
San Hcnunlino, Ca. 92408
. Safety Kill Switch on Access Doors
. 18 ft. Lightwcight Rod Guide Hose
. Rod Guidc Bell
. LMB-I Manholc C;uide Brace for Above Rod Guide Hose
. 6" Auger
. 6" Concave Roostaw
Price $44.033.77
8% Sales Tax $ 3,522.70
Total Delivercd Pl'ice $47.556.47
. Quotation includes dclivery and on-sitc cnd uscr training provided by
Municipal Maintcnance Equipmcnt Inc.
. All Warranty to be providcd by Municipal Maintenance Equipmcnt Inc.
. Normal Dclivcry 125-150 days ARO
. Tenus Net 10
. Quotation Valid nntil Fcbrual')' 15,2009
Si~~97ely, /
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Robert Veazey
Neff Rentallllc.
Gove,"nment Accounts Manager
Phone: (813) 267-5098
Fax: (813)626-4089
,'veazey@neffcorp.com
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2009-12