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ORIGlNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: June 15, 2009
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Amendment to the Agreement and
issuance of an Annual Purchase Order
in the amount of $40,000 by exercising
the second of three (3) one-year
extensions between the City of San
Bernardino and American Rotary Broom
Company Incorporated for rewound
main and gutter sweeper brooms.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: July 6,2009
Synopsis of Previous Council Action
On April 7, 2008 - Resolution 2008-109 - The Mayor and Common Council authorized the
execution of an Agreement and increase to an Annual Purchase Order, with three single
year renewal options, to American Rotary Broom Co. Inc., for rewound main and gutter
sweeper brooms, to be utilized by the Public Services Department, Fleet Division.
Recommended Motion:
Adopt Resolution.
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Contact person: Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached:
Staff Report, Resolution, Amendment NO.1
to the Vendor Service Agreement and
Attachment "1"
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$40,000
Source:
FY 09-10
635-341-5111
(Materials & Supplies)
Finance:
Council Notes:
&so
c2009-/95
Agenda Item No. 3q
7-(,-Ot:(
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 Amendment to the Agreement and issuance of an Annual Purchase Order
in the amount of $40,000 by exercising the second of three (3) one-year extensions
between the City of San Bernardino and American Rotary Broom Company Incorporated for
rewound main and gutter sweeper brooms.
Background:
The Public Services Department, Fleet Division is responsible for servicing and maintaining
the City's street sweepers. Staff orders it's rewound main and gutter sweeper brooms from
outside vendors.
American Rotary Broom Co. Inc. was awarded a selected source Annual Purchase Order on
July 1, 2007, in the amount of $24,900 for FY 07-08. During the same fiscal year on April
7,2008, staff increased the Annual Purchase Order by $10,100 for a total amount not to
exceed $35,000, which included three single year renewal options. Staff exercised option
year one in the amount of $35,000 in FY 08-09.
Based on current averages and anticipated expenditures for next fiscal year for rewound
main and gutter sweeper brooms, staff is requesting an Amendment to the Agreement for
an additional $5,000 for FY 09-10. Staff is requesting to exercise the second year renewal
option for a total amount not to exceed $40,000 for FY 09-10. Staff estimates that we will
need an additional $5,000 in FY 09-10 to fully fund street sweeping maintenance
operations.
American Rotary Broom Company Incorporated is the only vendor able to supply rewound
gutter and main brooms on the City owned cores. The City's cores are rewound with spring
steel brooms in order to make them last longer. Other vendors only sell disposable brooms,
which cost more and do not last as long. In addition, American Rotary Broom offers over 50
years of experience in the street sweeper brooms & wear parts business.
Staff would like to utilize its second year option and recommends that the Mayor and
Common Council authorize the execution of an Amendment to the Agreement and issuance
of an Annual Purchase Order in the amount of $40,000 to American Rotary Broom
Company Incorporated for rewound main and gutter sweeper brooms.
Financial Impact:
Funds have been budgeted in the FY 09-10 Fleet Division Budget, Account No. 635-341-
5111 (Materials and Supplies) in the amount of $40,000.
Recommendation:
Adopt Resolution.
RESOLUTION NO.
CC(Q)~Y
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RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE
3 AMOUNT OF $40,000 BY EXERCISING THE SECOND OF THREE (3) ONE-YEAR
4 EXTENSIONS BETWEEN THE CITY OF SAN BERNARDINO AND AMERICAN
ROTARY BROOM COMPANY INCORPORATED FOR REWOUND MAIN AND
5 GUTTER SWEEPER BROOMS.
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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 Amendment to the Agreement between
the City of San Bernardino and American Rotary Broom Company, a copy of which is
attached hereto, marked as Exhibit "A", and incorporated herein by this reference as
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fully set forth at length.
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SECTION 2. That pursuant to this determination the Director of Finance or her
15 designee is hereby authorized to issue an Annual Purchase Order to American Rotary
16 Broom Company in the amount of $40,000 for FY 09-10.
17 SECTION 3. The Purchase Order shall reference this Resolution Number
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and shall read, "American Rotary Broom Co. Inc. for rewound main and gutter
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sweeper brooms, P.O. not to exceed $40,000.00" and shall incorporate the terms and
conditions of the Agreement.
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SECTION 4. The authorization to execute the above referenced Purchase
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23 Order and Amendment is rescinded if it is not executed by both parties within sixty (60)
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days of the passage of this resolution.
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III
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.tt ;~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE
2 AMOUNT OF $40,000 BY EXERCISING THE SECOND OF THREE (3) ONE-YEAR
3 EXTENSIONS BETWEEN THE CITY OF SAN BERNARDINO AND AMERICAN
ROTARY BROOM COMPANY INCORPORATED FOR REWOUND MAIN AND
4 GUTTER SWEEPER BROOMS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the
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day of
, 2009, by the
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following vote, to wit:
Council Members:
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AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
14 SHORETT
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Rachel G. Clark, City Clerk
The foregoing resolution is
,2009.
hereby approved this
day of
25 Ap oved as to form:
26 -"W"? t, f ~
27 fa es F. Penman
is' y Attorney
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Patrick J. Morris, Mayor
City of San Bernardino
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 6th day of July 2009, by and between
American Rotary Broom Company Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On April 7, 2008, the Mayor and Common Council of the City of San Bernardino
authorized the execution of an Agreement and increase to an Annual Purchase
Order, with three single year renewal options, to American Rotary Broom Company
Incorporated, for rewound main and gutter sweeper brooms, to be utilized by the
Public Services Department, Fleet Division ("Agreement"), a copy of which is
attached hereto as Attachment" 1" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $5,000 for a total not to exceed $40,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (b) of the Agreement is amended by striking $35,000 and adding
the term $40,000.
2. Section 3 (Term) of the Agreement is amended by striking July 1,2009 and
adding July 6,2009.
3. All other provisions of the written contract are reaffirmed as originally stated.
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Exhibit "A"
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20 Rachel Clark, City Clerk
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
AMERICAN ROTARY BROOM COMPANY INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
American Rotary Broom Company
Incorporated
,2009
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Approved as to form:
James F. Penman, City Attorney
By:
Exhibit "A"
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 6th day of July 2009, by and between
American Rotary Broom Company Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On April 7, 2008, the Mayor and Common Council of the City of San Bernardino
authorized the execution of an Agreement and increase to an Annual Purchase
Order, with three single year renewal options, to American Rotary Broom Company
Incorporated, for rewound main and gutter sweeper brooms, to be utilized by the
Public Services Department, Fleet Division ("Agreement"), a copy of which IS
attached hereto as Attachment" I " and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $5,000 for a total not to exceed $40,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (b) of the Agreement is amended by striking $35,000 and adding
the term $40,000.
2. Section 3 (Term) of the Agreement is amended by striking July 1,2009 and
adding July 6, 2009.
3. All other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
AMERICAN ROTARY BROOM COMPANY INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
American Rotary Broom Company
Incorporated
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
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5 WITNESSETH:
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The term of this Agreement shall be an initial term of April 7, 2008 through June 30,
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24 2008, with three (3) one-year extensions at the City's option. Option year one, if exercised,
25 shall be effective July I, 2008 through June 30, 2009. Option year two, if exercised, shall be
26 effective July 1,2009 through June 30, 2010. Option year three, if exercised, shall be effective
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ATTACHMENT "1"
2008-109
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April 2008, by and
between American Rotary Broom Co. Inc. ("VENDOR") and the City of San Bernardino
WHEREAS, the Mayor and Cornman Council has determined that it is advantageous
and in the best interest of the CITY to contract for rewound main and gutter sweeper brooms
to be utilized by the Public Services Department, Fleet Division;
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
a. For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide rewound main and gutter sweeper brooms.
2.
COMPENSATION AND EXPENSES.
b. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR, up to the amount of $10,100.00 for rewound main and gutter
sweeper brooms for the initial term and up to $35,000.00 for each additional term as
set forth in paragraph 3.
c. No other expenditures made by VENDOR shall be reimbursed by CITY.
3.
TERM.
2008-109
July 1,2010 through June 30, 2011. Actual option year pricing shall be negotiated with the
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8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
11 under the Agreement.
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VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
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volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
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VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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16 obligations under the agreement.
17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
18 claim, action, loss, or damage which results from their respective obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
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comparatJve lau t.
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23 While not restricting or limiting the foregoing, during the term of this Agreement,
24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
26 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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VENDOR prior to exercising any given option year.
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.
5. INSURANCE.
2008-109
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.
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VENDOR shall perform work tasks provided by this Agreement, but forall intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any are required, in connection with the services to be
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performed hereunder.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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24 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
26 to practice its business or profession.
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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.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2008-109
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2 9. NOTICES.
3 Any notices to be given pursuant to this Agreement shall be deposited with the United
.{ States Postal Service, postage prepaid and addressed as follows:
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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:
American Rotary Broom Company Inc.
564 N. Tulip Street
Escondido, CA 92025-2533
Telephone: (760) 747-1506
Attn: Clayton Trejo
10. ATTORNEYS' FEES.
14 In the event that litigation is brought by any party in connection with this Agreement,
15 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
16 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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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
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20 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
21 fees" for the purposes of this paragraph.
22 11. ASSIGNMENT.
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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
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2008-109
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.
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11 13. GOVERNING LAW.
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17 15. HEADINGS.
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provlSlons.
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24 parties, and supercedes any prior agreements and understandings relating to the subject manner
25 of this Agreement. This Agreement may be modified or amended only by a written instrument
26 executed by all parties to this Agreement.
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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.
This Agreement shall be governed by the laws of the 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..
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
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the .
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2008-109
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VENDORSER~CEAGREEMENT
AMERICAN ROTARY BROOM COMPANY INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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Dated: S /s--
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and date set forth below.
,2008
VENDOR
B~ /r?d~ -
Its: #.4$. C'- - ?~.s,-A/l r
::]4"'1 4. t.J'V"~ ~
CITY OF ARDINO
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8 Dated
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4/ q ,2008
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By:
Fre
Approved as to Form;
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