HomeMy WebLinkAbout2009-368
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RESOLUTION NO. 2009-368
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-
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.
WHEREAS, Ironman Parts & Services was selected as a Sole Source and
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diesel particulate filters. Agreement not to exceed $62,181.60" and shall incorporate
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there are no local vendors certified to sell or install the required equipment.
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 an Agreement between the City of San
Bernardino and Ironman Parts & Services, a copy of which is attached hereto, marked
as Exhibit "A", and incorporated herein by this reference as fully as though set forth at
length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to Ironman Parts & Services
in the amount of $62,181.60 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Ironman Parts & Services for the purchase and installation of four (4)
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2009-368
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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 $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.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
days of the passage of this resolution.
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2009-368
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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 $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
(CAR B) 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 regnl "T
meeting thereof, held on the 7th
day of December
, 2009, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution is
December , 2009.
hereby
a~/.;;.~
Rachel G. Clark, City Clerk
,-j.
approved this q day of
~~r
City of San Bernardino
By: t~
Ja s . en man
Ci y Attorney
2009-368
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of December 2009, by
and between Iromnan 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 purchase and install four (4) Diesel Particulate Filters on
four (4) Street Division trucks; and
WHEREAS, vendor is qualified to sell and install the required equipment; and
WHEREAS, there are no local vendors certified for the purchase or installation of the
required equipment;
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 Attachment "I" and
incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $62,181.60 for the purchase and installation of four (4) Diesel
Particulate Filters. Purchase Order not to exceed the total amount of$62,181.60.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from December 7, 2009 through June 30, 2010.
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agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
whi"h this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
of good material and workmanship, free from defects and fee and clear of all liens or
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
services not conforming to the foregoing warranty without expense to the City, when notified
of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. INDEMNITY.
Vendor agrees to and shall indenmify 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
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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.
6. 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
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.
7. 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,
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2009-368
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
8. 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.
9.
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.
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:
Ironman Parts & Services
2535 Anselmo Dr.
Corona, CA 92879
Telephone: (951) 735-3710
Contact: Monica Benedict
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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.
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 ofthis 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
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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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. 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.
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. 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
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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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VENDOR SERVICE AGREEMENT
IRONMAN PARTS & SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated:
,2009
Ironman P
By:
Dated If),,,,, _ /7, 2009
,
By:
James , City Attorney
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2009-368
ATTACHMENT "1"
Quote #
1211399-A
Pagel 012
I
Customer City 01 San Bernardino
I
9I23l2OO9
Date
Order No.
Rep
FOB
George Newtin
Name
Address
City
Phone
Email
Qt
San Bernardino
909-384-5220
newlin e sbcit .or
State CA
ZIP
Monica Benedict
Description Unit Price
S MATED PRICING 0 . PENDING VEHICLE ASSESSMENT RESUL
TOTAL
4
Vehide Assessments
Assessments by Emission Service T earn to determine BACT and
exhaust system configuration for each vehicle.
Vehicle #0518, 1541, 0442 &8443
$ 170.00 $
680.00
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Cleal Horizon M Ieclrical R eneraled DPF ive S em
Cleaire Horizon DPF (up to 370HP)
Installation via Ironman's Mobile Installation Team(s)
Installation Parts Kit - brackets, tlbing, hardware, etc. (per vehicle)
$11,335.00 $
$ 2,230.00 $
$ 725.00 $
45,340.00
8,920.00
2,900.00
Optional
Connector cord _ 25'
OR
Connector cord - 50'
$ 450.00
$ 685.00
Sales tax to be adjusted based upon delivery location and tax rate
at time of sale.
ease r age r cce nceo enns a s
SubTotal $ 57,840.00
Shipping
Payment Net 30 Tax Rate(s) 9.00% $ 4,341.&1
Comments TOTAL $ 62181.&1
Name
CC# IOffice Use Only
Expires
I'
2535 Anselmo Drive, Corona, CA 92879 (951) 735-3710 Fax: (951) 734-5833