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HomeMy WebLinkAbout27-Public Services � Ri ALA 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 increase to Annual Date: March 25, 2010 Purchase Order Number 210060 by $10,100 with three (3) one-year extensions at the City's option to Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and supplies. Meeting Date: April 19, 2010 Synopsis of Previous Council Action Recommended Motion: Adopt Resolution. 9 Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution and Vendor Service Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $10,100 Source: 635-341-5111 (Materials and Supplies) Finance: Council Notes ✓ )—eSU ,20lD — 75 Agenda Item No. 4-Iq-(D 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: March 25, 2010 SUBJECT: City Manager's Approval of Process – Purchases made pursuant to Section 3.04.010(B)(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 Los Angeles Freightliner of Fontana was selected as a Sole Source for the following reasons: 1. Los Angeles Freightliner of Fontana is the nearest authorized dealership for Autocar truck parts and was awarded a sole source annual purchase order in the amount of $24,900 for FY 09/10. 2. The Autocar WXLL64 model chassis makes up approximately half of the City's refuse fleet. 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 increase to Annual Purchase Order Number 210060 by $10,100 with three (3) one-year extensions at the City's option to Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and supplies" has been submitted and placed on the April 19, 2010 agenda calendar for review and approval. Don W. Johnson Fleet Services Division Manager App loved By: (�_ ,2szau — Cfir es cNeel City Manager 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 increase to Annual Purchase Order Number 210060 by $10,100 with three (3) one-year extensions at the City's option to Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and supplies. Background: Los Angeles Freightliner of Fontana is the nearest authorized dealership for Autocar truck parts and was awarded a sole source Annual Purchase Order in the amount of $24,900 for FY 09/10. The Autocar WXLL64 model chassis makes up approximately half of the City's Refuse fleet. All of the City's newer models refuse trucks have the Autocar chassis; forty-eight (48) of them are Liquefied Natural Gas (LNG) powered. The Fleet Division projects that an additional $10,100 will be needed to cover the costs of keeping these trucks operational for the remainder of the FY 09/10. This increase is due to traffic accidents and component failures of the natural gas fuel system that need to be replaced. Therefore, an increase of $10,100 to Annual Purchase Order Number is requested, for a total amount not to exceed $35,000. Since Los Angeles Freightliner of Fontana is the nearest authorized dealership for Autocar truck parts, staff is recommending that this purchase be made pursuant to Section 3.04.010(B)(3) of the San Bernardino Municipal Code "Purchases approved by the Mayor and Common Council" DDL Number 82. The term of this agreement shall be from April 19, 2010 through June 30, 2010, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 2012 through June 30, 2013. Financial Impact: Funds for this increase is available in Account Number 635-341-5111 (Materials and Supplies) in the amount of $10,100. Since the Fleet Fund operates as an "internal service fund" all of Fleet's expenditures are charged back to city departments based on department usage. These charges will ultimately be charged back to the Integrated Waste Management Division. Account Number 635-341-5111 Budgeted Amount: $1,116,300 Balance as of March 25, 2010: $85,227 Balance after approval of this item: $75,127. Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. RESOLUTION NO. D 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL O THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210060 BY $10,100 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO LOS ANGELES 4 FREIGHTLINER FOR THE PURCHASE OF REFUSE VEHICLE EQUIPMENT PARTS AND SUPPLIES. 5 6 WHEREAS, the current Purchase Order of $24,900 needs to be increased by 7 $10,100 for a total Purchase Order amount of $35,000 in order to purchase refuse 8 vehicle equipment parts and supplies; and 9 WHEREAS, Los Angeles Freightliner of Fontana is the nearest authorized 10 dealership for Autocar truck parts. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 12 OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. That the City Manager of the City of San Bernardino is hereby 14 authorized to execute on behalf of said City an Agreement between the City of San 15 Bernardino and Los Angeles Freightliner, a copy of which is attached hereto, marked 16 17 Exhibit "A" and incorporated herein by this reference as fully as though set forth at 18 length. 19 SECTION 2. Pursuant to this determination, the Finance Director or her 20 designee is hereby authorized to increase Purchase Order Number 210060 from 21 $24,900 to $35,000 for FY 09-10. 22 SECTION 3. The Purchase Order shall reference this Resolution and shall 23 24 read, "Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and 25 supplies." 26 /N 27 N O c Zo\O 28 m# a-7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210060 BY $10,100 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO LOS ANGELES 3 FREIGHTLINER FOR THE PURCHASE OF REFUSE VEHICLE EQUIPMENT PARTS AND SUPPLIES. 4 5 SECTION 4. That this purchase is exempt from the formal contract procedures 6 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.040.010 (13)(3) of 7 said Code, "Purchases approved by the Mayor and Common Council". 8 SECTION 5. The authorization to execute the above referenced Agreement is 9 rescinded if it is not executed by both parties within sixty (60) days of the passage of 10 this resolution. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210060 BY $10,100 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO LOS ANGELES 3 FREIGHTLINER FOR THE PURCHASE OF REFUSE VEHICLE EQUIPMENT PARTS AND SUPPLIES. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2010, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 , 2010. 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to Form: ) 26 1 1 27 By. �c c James F Penman, ity Attorney 28 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 19th day of April 2010, by and 3 4 between Los Angeles Freightliner ("VENDOR") and the City of San Bernardino ("CITY" or 5 "San Bernardino"). 6 WITNESSETH: 7 WHEREAS,the Mayor and Common Council have determined that it is in the best 8 interest of the CITY to contract for the purchase of refuse vehicle equipment parts and supplies; 9 and 10 11 WHEREAS, Los Angeles Freightliner of Fontana is the nearest authorized dealership 12 for Autocar truck parts; 13 NOW, THEREFORE,the parties hereto agree as follows: 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 16 services of VENDOR to provide refuse vehicle equipment parts and supplies. 17 2. COMPENSATION AND EXPENSES. 18 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$35,000 for refuse vehicle equipment parts 21 and supplies. Cost is subject to the current "Parts Pro" listing at the time of 22 purchase. Los Angeles Freightliner adjusts their price list on a quarterly basis. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM. 25 26 The term of this agreement shall be from April 19, 2010 through June 30, 2010, with [^ 27 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be �✓ 28 Exhibit"A" 4- 1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 2 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 3 2012 through June 30, 2013. 4 This Agreement may be terminated at any time by thirty (30) days prior written notice 5 by either party. The terms of this Agreement shall remain in force unless amended by written 6 agreement of the parties executed on or before date of expiration of current term of the 7 8 agreement. 9 4. WARRANTY 10 Vendor expressly warrants that all products and services supplied to City by Vendor 11 under this Agreement shall conform to the specifications, drawings or other description upon 12 13 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 14 of good material and workmanship,, free from defects and free and clear of all liens or 15 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 16 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 17 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 18 services not conforming to the foregoing warranty without expense to the City, when notified 19 20 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 21 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 22 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 23 purposes of this section shall not be deemed to require more than 60 calendars days notice 24 before commencement of efforts by the City to effect cover or a cure except upon written 25 agreement of the Parties. 26 27 28 Exhibit"A" -2- 2 5. INDEMNITY. 3 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 4 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 5 any kind and nature arising from bodily injury, including death, or property damage, based or 6 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 7 8 subcontractors, relating to or in any way connected with the accomplishment of the work or 9 performance of service under this Agreement, unless the bodily injury or property damage was 10 actually caused by the sole negligence of the City, its elected officials, employees, agents or 11 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 12 own expense, including attorney's fees the City, its elected officials, employees, agents or 13 representatives from any and all legal actions based upon such actual or alleged acts or 14 omissions. Vendor hereby waives any and all rights to any types of express or implied 15 16 indemnity against the City, its elected officials, employees, agents or representatives, with 17 respect to third party claims against the Vendor relating to or in any way connected with the 18 accomplishment of the work or performance of services under this Agreement. 19 6. INSURANCE. 20 While not restricting or limiting the foregoing, during the term of this Agreement, 21 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 22 23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 28 Exhibit "A" -3- © 1 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 2 change or termination of policy. 3 7. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 discrimination in employment of persons because of their race, religion, color, national origin, 7 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 10 12940 of the California Government Code. 11 8. INDEPENDENT CONTRACTOR. 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 13 purposes VENDOR shall be an independent contractor and not an agent or employee of the O 14 . CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 15 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 18 employees, and all business licenses, if any are required, in connection with the services to be 19 performed hereunder. 20 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 22 23 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 25 to practice its business or profession. 26 27 28 Exhibit"A" -4- 1 10. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North"D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Los Angeles Freightliner 8 13800 Valley Blvd. Fontana, CA 92335 9 Telephone: (909) 988-5511 Attn: Parts Manager 10 11. ATTORNEYS' FEES 11 12 In the event that litigation is brought by any party in connection with this Agreement. 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees" for the purposes of this paragraph. 20 12. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 26 27 28 Exhibit"A" -5- 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 13. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 8 9 mandatory and not permissive in nature. 10 14. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 15. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this 14 Agreement and their respective heirs,representatives, successors, and assigns. 15 16 16. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 17. ENTIRE AGREEMENT; MODIFICATION. 21 This Agreement constitutes the entire agreement and the understanding between the 22 23 parties, and supercedes any prior agreements and understandings relating to the subject manner 24 of this Agreement. This Agreement may be modified or amended only by a written instrument 25 executed by all parties to this Agreement. 26 27 28 Exhibit"A" -6- VENDOR SERVICE AGREEMENT 1 LOS ANGELES FREIGHTLINER 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 Dated: 12010 Los Angeles Freightliner 6 By: 7 8 9 Dated 12010 CITY OF SAN BERNARDINO 10 By. Charles E. McNeely, City Manager 11 Approved as to Form: 12 By: 13 James F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" -7-