HomeMy WebLinkAbout23-Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
ORIGINAL
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and issuance of a
Date: November 12, 2009 Purchase Order in the amount of
$62,181.60 to Ironman Parts & Services
of Corona pursuant to section 3.04.010-
B3 of the Municipal Code, for the
purchase and installation of four (4)
Diesel Particulate Filters to be installed
on four (4) Street Division trucks, per the
California Air Resources Board (CARB)
regulations.
Meeting Date: December 7, 2009
Synopsis of Previous Council Action:
Sept. 7, 2004 Reso 2004-281 Filter systems for 8 Refuse trucks
July 18, 2005 Reso 2005-252 Filter systems for 18 Refuse trucks
June 19, 2006 Reso 2006-184 Filter systems for 16 Refuse trucks
Sept. 17, 2007 Reso 2007-394 Filter systems for 7 Refuse trucks
Dec. 3, 2007 Reso 2007-467 Filter systems for 8 refuse trucks
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Ward: All
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1"
FUNDING REQUIREMENTS: Amount: $62,181.60
Source: 635-341-5173
(Outside Vehicle
Maintenance)
Finance:
Council Notes:
Agenda Item No. 3
1
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 $62,181.60 to
Ironman Parts & Services of Corona pursuant to section 3.04.010-133 of the Municipal Code, for
the purchase and installation of four (4) Diesel Particulate Filters to be installed on four (4) Street
Division trucks, per the California Air Resources Board (CARB) regulations.
Background:
On January 1, 2007, the California Air Resources Board "CARB" adopted "The Public Fleet Rule"
for on-road vehicles with 1960-2006 model-year medium heavy-duty or heavy heavy-duty diesel
fueled engines that have a manufacturer's gross vehicle weight rating greater than 14,000 lbs. be
fitted with the "best available control technology". The vehicles are divided into three groups by
model year for implementation, group (1) 1960-1987, group (2) 1988-2002, and group (3) 2003-
2006.
The City of San Bernardino must install particulate traps on four (4) group two (2) trucks to meet
the requirement of sixty percent (60%) compliance. The deadline to complete the installations is
December 31, 2009. The City is currently in compliance with the implementation schedule for
group's (1) and (3).
Fleet staff has negotiated with Ironman Parts & Services of Corona for the purchase and
installation of the four (4) devices (See Attachment 1"). Ironman Parts & Services is the same
vendor that has supplied and installed fifty-seven (57) devices on the City's refuse trucks over the
last five (5) years. There are no local vendors that are certified for purchase or installation of the
required equipment. These four (4) units could not be purchased until Ironman Parts & Services
completed the data logging process needed to determine the type of device required for
compliance. It is recommended that a purchase order be issued for a total amount of $62,181.60
to Ironman Parts & Services.
Since Ironman Parts & Services was selected as a Sole Source, staff is requesting that the
purchase be made pursuant to Municipal Code Section 3.04.010-133 and Section 3.04.075 of the
City's Municipal Code "Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager" (DDL Number 82). Staff submitted the memorandum
to the City Manager's office on November 16, 2009.
Financial Impact:
Funds are available and have been budgeted in FY 09-10, Account Number 635-341-5173
(Outside Vehicle Maintenance) in the amount of $62,181.60.
Recommendation:
Adopt Resolution.
CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
INTER-OFFICE MEMORANDUM
TO: Charles McNeeley, City Manager
FROM: Don Johnson, Public Services Fleet Division
DATE: November 16, 2009
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(8)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82.
COPIES: Randy Kuettle, Acting Director of Public Services
Ironman Parts & Services was selected as a Sole Source for the following reasons:
1. Ironman Parts & Services is the same vendor that has supplied and installed fifty-
seven (57) devices on the City Refuse trucks over the last five years.
2. Ironman Parts & Services has worked with the City of San Bernardino for several
years providing service for the City's Fleet Division and has proven to be reliable,
especially with the purchasing and installations of Diesel Particulate Filters (DPFs).
3. There are no local vendors certified for the purchase or installation of the required
equipment. These four units could not be purchased until the data logging process
needed to determine the type of device required for compliance was completed by
Ironman Parts & Services.
A Request for Council Action entitled, "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 $62,181.60 to Ironman Parts & Services of Corona
pursuant to section 3.04.010-133 of the Municipal Code, for the purchase and installation
of four (4) Diesel Particulate Filters to be installed on four (4) Street Division trucks, per
the California Air Resources Board (CARB) regulations" has been submitted and placed
on the December 7, 2009 agenda calendar for review and approval.
Don W. Johnson
Fleet Services Division Manager
pproved By:
Charles cNe ey
City Manager NaR 1 ;--t � �
1 RESOLUTION NO.
C (OPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $62,181.60 TO
IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-
4 B3 OF THE MUNICIPAL CODE, FOR THE PURCHASE AND INSTALLATION OF
5 FOUR (4) DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR (4)
STREET DIVISION TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD
6 (GARB) REGULATIONS.
7 WHEREAS, Ironman Parts & Services was selected as a Sole Source and
8 there are no local vendors certified to sell or install the required equipment.
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
10 OF SAN BERNARDINO AS FOLLOWS:
11 SECTION e. he miry Maf layer of the City of San i Bernardino iardii io is hereby
12 authorized to execute on behalf of said City an Agreement between the City of San
13 Bernardino and Ironman Parts & Services, a copy of which is attached hereto, marked
14
as Exhibit "A", and incorporated herein by this reference as fully as though set forth at
15
16 length.
17 SECTION 2. That pursuant to this determination the Director of Finance or her
18 designee is hereby authorized to issue a Purchase Order to Ironman Parts & Services
19 in the amount of $62,181.60 for FY 09-10.
20 SECTION 3. The Purchase Order shall reference this Resolution Number and
21
shall read, "Ironman Parts & Services for the purchase and installation of four (4)
22
diesel particulate filters. Agreement not to exceed $62,181.60° and shall incorporate
23
24 the terms and conditions of the agreement.
25
26
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27 ill
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� a3
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
Ck SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $62,181.60 TO
IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-
3 B3 OF THE MUNICIPAL CODE, FOR THE PURCHASE AND INSTALLATION OF
FOUR (4) DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR (4)
4 STREET DIVISION TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD
5 (CARB) REGULATIONS.
6 SECTION 4. The authorization to execute the above referenced Purchase
7 Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
8 days of the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $62,181.60 TO
IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-
3 B3 OF THE MUNICIPAL CODE, FOR THE PURCHASE AND INSTALLATION OF
FOUR (4) DIESEL PARTICULATE FILTERS TO BE INSTALLED ON FOUR (4)
4 STREET DIVISION TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD
5 (CARB) REGULATIONS.
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of 2009, by the
9 following vote, to wit:
10
Council Members: AYES NAYS ABSTAIN ABSENT
11
12 ESTRADA
13 BAXTER
14 BRINKER
15
S-IORETT
16 KELLEY
17
JOHNSON
18
19 MCCAMMACK
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of
, 2009.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approve s to For
26 `
27 Ja 'es F. enman
Ci y Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of December 2009. by
3 and between Ironman Parts & Services (`VENDOR") and the City of San Bernardino ("CITY"
4 or"San Bernardino").
5
WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to purchase and install four (4) Diesel Particulate Filters on
9 four (4) Street Division trucks, and
10 WHEREAS, vendor is qualified to sell and install the required equipment; and
11 WHEREAS, there are no local vendors certified for the purchase or installation of the
12 required equipment:
13
NOW, THEREFORE. the parties hereto agree as follows:
14
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
17 services of VENDOR to provide those products and services as set forth in Attachment "1" and
18 incorporated by this reference.
19 2. COMPENSATION AND EXPENSES.
20
a. For the services delineated above. the CITY, upon presentation of an invoice, shall
21
22 pay the VENDOR $62,181.60 for the purchase and installation of four (4) Diesel
23 Particulate Filters. Purchase Order not to exceed the total amount of$62,181.60.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7, 2009 through June 30, 2010.
27
28 Exhibit "A"
1
1 agreement of the parties executed on or before date of expiration of current term of the
2 agreement.
3
4. WARRANTY
4
5 Vendor expressly warrants that all products and services supplied to City by Vendor
6 under this Agreement shall conform to the specifications, drawings or other description upon
7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable.
8 of good material and workmanship, free from defects and fee and clear of all liens or
9 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
10
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
11
12 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
13 services not conforming to the foregoing warranty without expense to the City, when notified
14 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
15 conforming goods or services promptly, City may, after reasonable notice to Vendor, make
16 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
17
purposes of this section shall not be deemed to require more than 60 calendars days notice
18
19 before commencement of efforts by the City to effect cover or a cure except upon written
20 agreement of the Parties.
21 5. INDEMNITY.
22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
24 any kind and nature arising from bodily injury, including death, or property damage, based or
25
26 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
27 subcontractors, relating to or in any way connected with the accomplishment of the work or
28 Exhibit"A"
1 performance of service under this Agreement, unless the bodily injury or property damage was
2 actually caused by the sole negligence of the City, its elected officials, employees, agents or
3 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
4 own expense, including attorney's fees the Cit y, its elected officials, employees, agents or
5
representatives from any and all legal actions based upon such actual or alleged acts or
6
omissions. Vendor hereby waives any and all rights to any types of express or implied
7
8 indemnity against the City, its elected officials, employees, agents or representatives, with
9 respect to third party claims against the Vendor relating to or in any way connected with the
10 accomplishment of the work or performance of services under this Agreement.
11 6. INSURANCE.
12
While not restricting or limiting the foregoing, during the term of this Agreement,
13
14 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
16 Worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
18 additional named insured in each policy of insurance provided hereunder. The Certificate of
19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
20
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
21
change or termination of policy.
22
23 7' NON-DISCRIMINATION.
24 In the performance of this Agreement and in the hiring and recruitment of employees,
25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
26 discrimination in employment of persons because of their race, religion, color, national origin,
27
28 Exhibit "A"
3
I ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
2 sexual orientation, or any other status protected by law.
3 8. INDEPENDENT CONTRACTOR.
4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
5
purposes VENDOR shall be an independent contractor and not an agent or employee of the
6
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
9 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
10 employees, and all business licenses, if any are required, in connection with the services to be
11 performed hereunder.
12 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
13
14 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
..�
15 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
16 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
17 to practice its business or profession.
18 NOTICES.
19 Any notices to be given pursuant to this Agreement shall be deposited with the United
20
States Postal Service, postage prepaid and addressed as follows:
21
22 TO THE CITY: Public Services Director
300 North "D" Street
23 San Bernardino, CA 92418
Telephone: (909) 384-5140
24
TO THE VENDOR: Ironman Parts & Services
25 2535 Anselmo Dr.
26 Corona, CA 92879
Telephone: (951) 735-3710
27 Contact: Monica Benedict
28 Exhibit "A"
4
1 10. ATTORNEYS' FEES.
2 In the event that litigation is brought by any party in connection with this Agreement,
3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
5
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
6
7 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
9 fees" for the purposes of this paragraph.
10 11. ASSIGNMENT.
11 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
12
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
13
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
14
15 and shall constitute a breach of this Agreement and cause for the termination of this
16 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
17 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
18 hereunder for the term of this Agreement.
19 12. VENUE.
20
The parties hereto agree that all actions or proceedings arising in connection with this
21
22 Agreement shall be tried and litigated either in the State courts located in the County of San
23 Bernardino, State of California or the U.S. District Court for the Central District of California,
24 Riverside Division. The aforementioned choice of venue is intended by the parties to be
25 mandatory and not permissive in nature.
26 13. GOVERNING LAW.
27
This Agreement shall be governed by the laws of the State of California.
28 Exhibit "A"
5
1
14. SUCCESSORS AND ASSIGNS.
2
This Ag
3 reement shall be binding on and inure to the benefit of the parties to this
4 Agreement and their respective heirs, representatives, successors, and assigns.
5 15. HEADINGS.
6 The subject headings of the sections of this Agreement are included for the purposes of
7 convenience only and shall not affect the construction or the interpretation of any of its
8
provisions.
9
16. SEVERABILITY.
10
If any provision of this Agreement is determined by a court of competent jurisdiction to
11
12 be invalid or unenforceable for any reason, such determination shall not affect the validity or
13 enforceability of the remaining terms and provisions hereof or of the offending provision in any
14 other circumstance, and the remaining provisions of this Agreement shall remain in full force
15 and effect.
16
17. REMEDIES; WAIVER.
17
18 All remedies available to either party for one or more breaches by the other party are
19 and shall be deemed cumulative and may be exercised separately or concurrently without
20 waiver of any other remedies. The failure of either party to act in the event of a breach of this
21 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
22 breaches, unless such waiver shall be in writing and signed by the party against whom
23 enforcement is sought.
24
18. ENTIRE AGREEMENT; MODIFICATION.
25
26 This Agreement constitutes the entire agreement and the understanding between the
27 parties, and supercedes any prior agreements and understandings relating to the subject manner
28 Exhibit "A"
6
PMA-
1 of this Agreement. This Agreement may be modified or amended only by a written instrument
2 executed by all parties to this Agreement.
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28 Exhibit "A"
7
1 VENDOR SERVICE AGREEMENT
IRONMAN PARTS & SERVICES
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: 2009 Ironman Parts & Services
7 By:
8
9
Dated 2009 CITY OF SAN BERNARDINO
10
By:
11 Charles E. McNeely, City Manager
12 Approved as to Form:
13
By:
14 James F. Penman, City Attorney
15
16
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27
28 Exhibit"A"
8
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of December 2009, by
3 and between Ironman Parts & Services ("VENDOR") and the City of San Bernardino ("CITY-
4 or"San Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to purchase and install four (4) Diesel Particulate Filters on
9 four (4) Street Division trucks; and
10 WHEREAS, vendor is qualified to sell and install the required equipment: and
11 WHEREAS, there are no local vendors certified for the purchase or installation of the
12 required equipment;
13
NOW, THEREFORE, the parties hereto agree as follows:
14
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated in paragraph I San Bernardino hereby engages the
j 17 services of VENDOR to provide those products and services as set forth in Attachment "1" and
18 incorporated by this reference.
19 2. COMPENSATION AND EXPENSES.
20
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
22 pay the VENDOR $62,181.60 for the purchase and installation of four (4) Diesel
23 Particulate Filters. Purchase Order not to exceed the total amount of$62,181.60.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7, 2009 through June 30, 2010.
27
28
1
1 agreement of the parties executed on or before date of expiration of current term of the
2 agreement.
3
4. WARRANTY
4
5 Vendor expressly warrants that all products and services supplied to City by Vendor
6 under this Agreement shall conform to the specifications, drawings or other description upon
7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
8 of good material and workmanship, free from defects and fee and clear of all liens or
9 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
10
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
11
12 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
13 services not conforming to the foregoing warranty without expense to the City, when notified
14 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
15 conforming goods or services promptly, City may, after reasonable notice to Vendor, make
16 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
17
purposes of this section shall not be deemed to require more than 60 calendars days notice
18
before commencement of efforts by the City to effect cover or a cure except upon written
19
20 agreement of the Parties.
21 5. INDEMNITY.
22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
24 any kind and nature arising from bodily injury, including death, or property damage, based or
25
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
26
27 subcontractors, relating to or in any way connected with the accomplishment of the work or
28
�rnrrry
1 performance of service under this Agreement, unless the bodily injury or property damage was
2 actually caused by the sole negligence of the City, its elected officials, employees, agents or
3 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
4 own expense, including attorney's fees the City, its elected officials, employees, agents or
5
representatives from any and all legal actions based upon such actual or alleged acts or
6
7 omissions. Vendor hereby waives any and all rights to any types of express or implied
8 indemnity against the City, its elected officials, employees, agents or representatives, with
9 respect to third party claims against the Vendor relating to or in any way connected with the
10 accomplishment of the work or performance of services under this Agreement.
11 6. INSURANCE.
12
While not restricting or limiting the foregoing, during the term of this Agreement,
13
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
14
liability insurance, in the amount of 51,000,000.00 combined single limit, and statutory
15
16 Worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
18 additional named insured in each policy of insurance provided hereunder. The Certificate of
19 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
20
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
21
change or termination of policy.
22
23 7. NON-DISCRIMINATION.
24 In the performance of this Agreement and in the hiring and recruitment of employees,
25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
26 discrimination in employment of persons because of their race, religion, color, national origin,
27
28
J
I ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
2 sexual orientation, or any other status protected by law.
3 8. INDEPENDENT CONTRACTOR.
4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
5
purposes VENDOR shall be an independent contractor and not an agent or employee of the
6
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
7
8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
9 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
10 employees, and all business licenses, if any are required, in connection with the services to be
11 performed hereunder.
12 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
13
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
14
icate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
15 certif
16 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
17 to practice its business or profession.
18 NOTICES.
19 Any notices to be given pursuant to this Agreement shall be deposited with the United
20
States Postal Service, postage prepaid and addressed as follows:
21
TO THE CITY: Public Services Director
22 300 North "D" Street
23 San Bernardino, CA 92418
Telephone: (909) 384-5140
24
TO THE VENDOR: Ironman Parts & Services
25 2535 Anselmo Dr.
26 Corona, CA 92879
Telephone: (951) 735-3710
27 Contact: Monica Benedict
28
4
I
1 10. ATTORNEYS' FEES.
2 In the event that litigation is brought by any party in connection with this Agreement,
3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
4 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
5
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
6
7 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
9 fees" for the purposes of this paragraph.
10 11. ASSIGNMENT.
11 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
12
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
13
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
14
15 and shall constitute a breach of this Agreement and cause for the termination of this
16 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
17 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
18 hereunder for the term of this Agreement.
19 12. VENUE.
20
The parties hereto agree that all actions or proceedings arising in connection with this
21
22 `
Agreement shall be tried and litigated either in the State courts located in the County of San
23 Bernardino, State of California or the U.S. District Court for the Central District of California,
24 Riverside Division. The aforementioned choice of venue is intended by the parties to be
25 mandatory and not permissive in nature.
26 13. GOVERNING LAW.
27
This Agreement shall be governed by the laws of the State of California.
28
s �
1 14. SUCCESSORS AND ASSIGNS.
2
This Agreement shall be binding on and inure to the benefit of the parties to this
3
4 Agreement and their respective heirs, representatives, successors, and assigns.
5 15. HEADINGS.
6 The subject headings of the sections of this Agreement are included for the purposes of
7 convenience only and shall not affect the construction or the interpretation of any of its
8
provisions.
9
16. SEVERABILITY.
10
If any provision of this Agreement is determined by a court of competent jurisdiction to
11
12 be invalid or unenforceable for any reason, such determination shall not affect the validity or
13 enforceability of the remaining terms and provisions hereof or of the offending provision in any
14 other circumstance, and the remaining provisions of this Agreement shall remain in full force
15 and effect.
16
17. REMEDIES; WAIVER.
17
18 All remedies available to either party for one or more breaches by the other party are
19 and shall be deemed cumulative and may be exercised separately or concurrently without
20 waiver of any other remedies. The failure of either party to act in the event of a breach of this
21 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
22 breaches, unless such waiver shall be in writing and signed by the party against whom
23 enforcement is sought.
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18. ENTIRE AGREEMENT; MODIFICATION.
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26 This Agreement constitutes the entire agreement and the understanding between the
27 parties, and supercedes any prior agreements and understandings relating to the subject manner
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1 of this Agreement. This Agreement may be modified or amended only by a written instrument
2 executed by all parties to this Agreement.
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1 VENDOR SERVICE AGREEMENT
IRONMAN PARTS & SERVICES
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
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6 Dated: , 2009 Ironman Parts & Services
7 By.
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Dated , 2009 CITY OF SAN BERNARDINO
10
11 By.
Charles E. McNeely, City Manager
12 Approved as to Form:
13
By: f�-
14 James . Penm n, City Attorney
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ATTACHMENT „I„
1 f Quote# 1211399-A
_
Page 1 of
Customer JCity of San Bernardino
Name George Newlin Date 923/2009
Address I Order No.
City San Bernardino State CA _ ZIP i Rep Monica Benedict
Phone 909-384-5220 FOB
Email newlin ge(b)sbcity.org
Qty Description Unit Price TOTAL
ESTIMATED PRICING ONLY-PENDING VEHICLE ASSESSMENT RESULTS
Vehicle Assessments
4 Assessments by Emission Service Team to determine BACT and $ 170.00 1 $ 680.00
exhaust JyJlel lUIIIgUI Gti for
Vehicle#0518,1541,042 8 0 4h
hide
Cleaire Horizon M Electrical Regenerated DPF(Active System)
4 Cleaire Horizon DPF(up to 370HP) $11,335.00 $ 45,340.00
4 Installation via Ironman's Mobile Installation Team(s) $ 2,230.00 $ 8,920.00
4 Installation Parts Kit-brackets,tubing, hardware,etc. (per vehicle) $ 725.00 $ 2,900.00
Optional
Connector cord-25' $ 450.00
OR
Connector cord-50' $ 685.00
Sales tax to be adjusted based upon delivery location and tax rate
at time of sale.
Please Refer to Page 2 for Acceptance of Terrng"and Conditions
SubTotal $ 57,840.00
Shipping
Payment INet 30 Tax Rate(s) 9.00% $ 4,341.60
Comments
TOTAL $ 62.181.60
Name
CC# Office Use Only
Expires j
2535 Anselmo Drive, Corona, CA 92879 (951) 735-3710 Fax: (951) 734-5833
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and issuance of a
Date: November 12, 2009 Purchase Order in the amount of
$62,181.60 to Ironman Parts & Services
of Corona pursuant to section 3.04.010-
, B3 of the Municipal Code, for the
purchase and installation of four (4)
Diesel Particulate Filters to be installed
on four (4) Street Division trucks, per the
California Air Resources Board (CARB)
regulations.
Meeting Date: December 7, 2009
Synopsis of Previous Council Action:
Sept. 7, 2004 Reso 2004-281 Filter systems for 8 Refuse trucks
July 18, 2005 Reso 2005-252 Filter systems for 18 Refuse trucks
June 19, 2006 Reso 2006-184 Filter systems for 16 Refuse trucks
Sept. 17, 2007 Reso 2007-394 Filter systems for 7 Refuse trucks
Dec. 3, 2007 Reso 2007-467 Filter systems for 8 refuse trucks
10 Recommended Motion:
Adopt Resolution.
7�c '
Signature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Ward: All
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1
FUNDING REQUIREMENTS: Amount: $62,181.60
Source: 635-341-5173
(Outside Vehicle
Maintenance)
Finance:
Council Notes:
Agenda Item No.4R3
F
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 $62,181.60 to
Ironman Parts & Services of Corona pursuant to section 3.04.010-133 of the Municipal Code, for
the purchase and installation of four (4) Diesel Particulate Filters to be installed on four (4) Street
Division trucks, per the California Air Resources_Board (CARB) regulations.
Background:
On January 1, 2007, the California Air Resources Board "CARB" adopted "The Public Fleet Rule"
for on-road vehicles with 1960-2006 model-year medium heavy-duty or heavy heavy-duty diesel
fueled engines that have a manufacturer's gross vehicle weight rating greater than 14,000 lbs. be
fitted with the "best available control technology". The vehicles are divided into three groups by
model year for implementation, group (1) 1960-1987, group (2) 1988-2002, and group (3) 2003-
2006.
The City of San Bernardino must install particulate traps on four (4) group two (2) trucks to meet
the requirement of sixty percent (60%) compliance. The deadline to complete the installations is
December 31, 2009. The City is currently in compliance with the implementation schedule for
group's (1) and (3).
Fleet staff has negotiated with Ironman Parts & Services of Corona for the purchase and
installation of the four (4) devices (See Attachment 1"). Ironman Parts & Services is the same
vendor that has supplied and installed fifty-seven (57) devices on the City's refuse trucks over the
last five (5) years. There are no local vendors that are certified for purchase or installation of the
required equipment. These four (4) units could not be purchased until Ironman Parts & Services
completed the data logging process needed to determine the type of device required for
compliance. It is recommended that a purchase order be issued for a total amount of $62,181.60
to Ironman Parts & Services.
Since Ironman Parts & Services was selected as a Sole Source, staff is requesting that the
purchase be made pursuant to Municipal Code Section 3.04.010-133 and Section 3.04.075 of the
City's Municipal Code "Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager" (DDL Number 82). Staff submitted the memorandum
to the City Manager's office on November 16, 2009.
Financial Impact:
Funds are available and have been budgeted in FY 09-10, Account Number 635-341-5173
(Outside Vehicle Maintenance) in the amount of$62,181.60.
Recommendation:
Adopt Resolution.
CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
f INTER-OFFICE MEMORANDUM
I °
TO: Charles McNeeley, City Manager
FROM: Don Johnson, Public Services Fleet Division
a
DATE: November 16, 2009
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(8)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82.
COPIES: Randy Kuettle, Acting Director of Public Services
Ironman Parts & Services was selected as a Sole Source for the following reasons:
1. Ironman Parts & Services is the same vendor that has supplied and installed fifty-
seven (57) devices on the City Refuse trucks over the last five years.
2. Ironman Parts & Services has worked with the City of San Bernardino for several
years providing service for the City's Fleet Division and has proven to be reliable,
especially with the purchasing and installations of Diesel Particulate Filters (DPFs).
3. There are no local vendors certified for the purchase or installation of the required
equipment. These four units could not be purchased until the data logging process
needed to determine the type of device required for compliance was completed by
Ironman Parts & Services.
A Request for Council Action entitled, "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 $62,181.60 to Ironman Parts & Services of Corona
pursuant to section 3.04.010-133 of the Municipal Code, for the purchase and installation
of four (4) Diesel Particulate Filters to be installed on four (4) Street Division trucks, per
the California Air Resources Board (CARB) regulations" has been submitted and placed
on the December 7, 2009 agenda calendar for review and approval.
Don W. Johnson
Fleet Services Division Manager
,4pproved By:
Charles cNe ey
City Manager /Vo� �'� 0 �