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HomeMy WebLinkAbout22- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ArTION 1NAL 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 Amendment and increase to Annual Date: April 21, 2010 Purchase Order Number 210404 by $20,000 to San Bernardino Paint for additional paint products and materials. Meeting Date: May 17, 2010 Synopsis of Previous Council Action On July 6, 2009, per Resolution 2009-204, the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and the issuance of an Annual Purchase Order in the amount of $80,000 with three (3) one-year extensions at the City's option to San Bernardino Paint for paint products and materials. Recommended Motion: Adopt Resolution. Signature Contact person: Randy Kuettle, Acting Director Phone: 5220 Supporting data attached: Staff Report, Resolution, Amendment No. 1 to the Vendor Service Agreement and Attachment "'IX and 113" Ward: All FUNDING REQUIREMENTS: Amount: $20,000 Source: 001-403-5111 (Materials and Supplies) Finance: Council Notes: �i<so 20/o — Agenda Item No. 22 s- r-t-zole 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 and increase to Annual Purchase Order Number 210404 by $20,000 to San Bernardino Paint for additional paint products and materials. Background: On April 28, 2009, a formal process was initiated to solicit bids for Paint Products & Materials per Bid Specification RFQ- F-09-06. On July 6, 2009, per Resolution 2009- 204, the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and the issuance of an Annual Purchase Order in the amount of $80,000 with three (3) one-year extensions at the City's option to San Bernardino Paint for paint products and materials. The City and San Bernardino Paint now desire to alter the Agreement to increase the amount of the Agreement by an additional $20,000 for a total not to exceed $100,000 for the remainder of the Agreement. The Public Services Department, Graffiti Removal section needs $20,000 in order to purchase additional paint products and materials to continue its aggressive graffiti removal services. Since the program started on January 1, 2009, the graffiti removal team has removed over 3.8 million square feet of graffiti and is now completing work orders within 24 hours from the time it's reported. This rapid response time has almost exhausted our current Purchase Order for paint products and materials. The additional $20,000 will cover the remainder of Fiscal Year 2009-2010. San Bernardino Paint has proven to be reliable, provide excellent customer service support and fulfills orders during the weekends. Staff recommends that the Mayor and Common Council authorize the City Manager to approve Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 210404 by an additional $20,000 to San Bernardino Paint for additional paint products and materials. Financial Impact: Funds are available in Account Number 001-403-5111 (Materials and Supplies) in the amount of$20,000. Account Number 001-403-5111 Budgeted Amount: $208,200 Balance as of April 14, 2010: $38,856 Balance after approval of this item: $18,856. 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. � �M 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND 3 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210404 BY $20,000 TO SAN BERNARDINO PAINT FOR ADDITIONAL PAINT PRODUCTS AND 4 MATERIALS. 5 WHEREAS, the current Purchase Order of $80,000 needs to be increased by 6 $20,000 for a total Purchase Order amount of $100,000 in order to purchase additional 7 paint products and materials; and 8 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. That the City Manager of the City of San Bernardino is hereby Ai 12 authorized to execute on behalf of said City an Amendment between the City of San 13 Bernardino and San Bernardino Paint, a copy of which is attached hereto, marked 14 Exhibit "A" and incorporated herein by this reference as fully as though set forth at 15 length. 16 SECTION 2. Pursuant to this determination, the Finance Director or her 17 designee is hereby authorized to increase Purchase Order Number 210404 from 18 $80,000 to $100,000 for FY 09-10. 19 20 SECTION 3. The Purchase Order shall reference this Resolution and shall 21 read, "San Bernardino Paint for additional paint products and materials." 22 SECTION 4. The authorization to execute the above referenced Amendment is 23 rescinded if it is not executed by both parties within sixty (60) days of the passage of 24 this resolution. 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND 2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210404 BY $20,000 TO SAN BERNARDINO PAINT FOR ADDITIONAL PAINT PRODUCTS AND 3 MATERIALS. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 2010, by the 7 following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2010. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to Form: 25 7 26 By: 27 mes F. Penman, City Attorney 28 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT 1 SAN BERNARDINO PAINT 2 This Amendment No. 1 ("Amendment 1") is entered into this 17th day of 3 May 2010, by and between San Bernardino Paint ("VENDOR") and the City of 4 San Bernardino ("CITY" or"San Bernardino"). 5 6 RECITALS 7 A. On July 6, 2009, per Resolution 2009-204, San Bernardino Paint and the City of San Bernardino entered into a Vendor Services Agreement ("Agreement") for the 8 purchase of paint products and materials for a not-to-exceed amount of$80,000, a 9 copy of which is attached hereto as "Attachment 1A" and incorporated by this 10 reference. Li B. The CITY and VF,NDOR now desire to amend the Agreement to increase the 12 amount of the Agreement by $20,000 for a total not-to-exceed purchase price of 13 $100,000 for paint products and materials. 14 AGREEMENT 15 In consideration of the mutual promises contained in the Vendor Services 16 Agreement,the parties agree as follows: 17 1. Section 2 (a) of the Agreement is amended by striking$80,000 and adding 18 the term $100,000. 19 2. The other provisions of the written contract are reaffirmed as originally stated. 20 21 22 23 24 25 26 27 28 Exhibit "A" 1 © 1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT 2 SAN BERNARDINO PAINT 3 4 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day 5 and date first above written. 6 7 Dated: 2010 SAN BERNARDINO PAINT 8 9 By. 10 11 " 12 Dated: 2010 CITY OF SAN BERNARDINO 13 14 15 By: Charles E. McNeely, City Manager 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 22 Approved as to form: 23 James F. Penman 24 City Attorney 25 By: 26 27 28 Exhibit "A" AMENDMENT NO. I TO VENDOR SERVICES AGREEMENT 1 SAN BERNARDINO PAINT 2 This Amendment No. 1 ("Amendment I") is entered into this 17th day of 3 May 2010, by and between San Bernardino Paint("VENDOR") and the City of 4 San Bernardino ("CITY" or"San Bernardino"). 5 6 RECITALS 7 A. On July 6, 2009, per Resolution 2009-204, San Bernardino Paint and the City of San Bernardino entered into a Vendor Services Agreement ("Agreement") for the 8 purchase of paint products and materials for a not-to-exceed amount of$80,000, a 9 copy of which is attached hereto as "Attachment IA" and incorporated by this 10 reference. 11 B. The CITY and VENDOR now desire to amend the Agreement to increase the 12 amount of the Agreement by $20,000 for a total not-to-exceed purchase price of 13 $100,000 for paint products and materials. 14 AGREEMENT 15 In consideration of the mutual promises contained in the Vendor Services 16 Agreement,the parties agree as follows: 17 1. Section 2 (a) of the Agreement is amended by striking$80,000 and adding 18 the term $100,000. 19 2. The other provisions of the written contract are reaffirmed as originally stated. 20 21 22 23 24 25 26 27 28 1 1 AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT 2 SAN BERNARDINO PAINT 3 4 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day 5 and date first above written. 6 7 Dated: 12010 SAN BERNARDINO PAINT 8 9 By. 10 12 Dated: 2010 CITY OF SAN BERNARDINO 13 14 15 By: Charles E. McNeely, City Manager 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 22 Approved as to form: 23 James F. Penman 24 City Attorney 25 By: 26 27 28 2 Attachment "1" 2009-204 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 6th day of July 2009, by and 3 between San Bernardino Paint ("VENDOR'S and the City of San Bernardino("Crfy" or"San 4 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 paint products and materials; and 9 WHEREAS, the City of San Bernardino did solicit and accept quotes from available 10 vendors for paint products and materials per RFQ F-09-06; and, 11 WHEREAS,Vendor is the one of the lowest bidders to provide said services to City; 12 NOW,THEREFORE,the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 �•r 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide those products and services as set forth in RFQ F-09-06, a copy of which 17 is attached hereto as Attachment"1 B"and incorporated by this reference. 18 2. COMPENSATION AND EXPENSES. 19 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 20 pay the VENDOR up to the amount of$80,000, for paint products and materials as 21 22 set forth in RFQ F-09-06. 23 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 24 3. TERM; TERMINATION. 25 The term of this agreement shall be from July 6, 2009 through June 30,2010, with three 26 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective Q 27 July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 28 Exhibit"AT' 1 2009-204 1 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 2012 �• 2 through June 30, 2013. 3 This Agreement may be terminated at any time by thirty (30) days prior written notice 4 by either party. The terms of this Agreement shall remain in force unless amended by written 5 agreement of the parties executed on or before date of expiration of current tern of the 6 7 agreement. $ 4. INDEMNITY. 9 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 11 any kind and nature arising from bodily injury, including death, or property damage, based or 12 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 13 14 subcontractors, relating to or in any way connected with the accomplishment of the work or 15 performance of service under this Agreement, unless the bodily injury or property damage was I6 actually caused by the sole negligence of the City, its elected officials, employees, agents or 17 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 18 own expense, including attorney's fees the City, its elected officials, employees, agents or 19 representatives from any and all legal actions based upon such actual or alleged acts or 20 omissions. Vendor hereby waives any and all rights to any types of express or implied 21 22 indemnity against the City, its elected officials, employees, agents or representatives, with 23 respect to third party claims against the Vendor relating to or in any way connected with the 24 accomplishment of the work or performance of services under this Agreement. 25 5. INSURANCE. 26 While not restricting or limiting the foregoing, during the tern of this Agreement, 27 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 28 Exhibit"A2" 2 20D9-204 1 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 2 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 3 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 4 additional named insured in each policy of insurance provided hereunder. The Certificate of 5 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 6 7 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 8 change or termination of policy. 9 6. NON-DISCRIMINATION. 10 In the performance of this Agreement and in the hiring and recruitment of employees, 11 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 12 j discrimination in employment of persons because of their race, religion, color, national origin, 13 ancestry, age,mental or physical disability, medical conditions, marital status, sexual gender or ® 14 15 sexual orientation, or any other status protected by law. 16 7. INDEPENDENT CONTRACTOR. 17 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 18 purposes VENDOR shall be an independent contractor and not an agent or employee of the 19 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 20 21 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 22 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 23 employees, and all business licenses, if any are required, in connection with the services to be 24 performed hereunder. 25 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 26 VENDOR wan-ants that it possesses or shall obtain, and maintain a business registration 27 © certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 28 Exhibit"A2" 3 i 2009-204 I qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2 to practice its business or profession. 3 NOTICES. 4 Any notices to be given pursuant to this Agreement shall be deposited with the United i 5 States Postal Service,postage prepaid and addressed as follows: 6 TO THE CITY: Public Services Director 7 300 North"D"Street ' $ San Bernardino, CA 92418 Telephone: (909)384-5140 9 TO THE VENDOR: San Bernardino Paint 10 160 E. Highland Ave. San Bernardino, CA 92404 11 Telephone: (909) 882-5080 12 Contact: Oliver M. Peter j 13 9. 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 17 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 18 19 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 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 10. ASSIGNMENT. 23 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 24 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 25 26 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 27 and shall constitute a breach of this Agreement and cause for the termination of this © 28 Exhibit"A2" 4 2009-204 1 Agreement. Regardless of CIT1"s consent, no subletting or assignment shall release VENDOR 2 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 3 hereunder for the term of this Agreement. 4 11. VENUE. 5 The parties hereto agree that all actions or proceedings arising in connection with this 6 Agreement shall be tried and litigated either in the State courts located in the County of San 7 7 Bernardino, State of California or the U.S. District Court for the Central District of California, 9 Riverside Division. The aforementioned choice of venue is intended by the parties to be 10 mandatory and not permissive in nature. 11 12. GOVERNING LAW. 12 This Agreement shall be governed by the laws of the State of California. 13 13. SUCCESSORS AND ASSIGNS. 14 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement 15 16 and their respective heirs,representatives, successors, and assigns. 17 14. HEADINGS. 18 The subject headings of the sections of this Agreement are included for the purposes of 19 convenience only and shall not affect the construction or the interpretation of any of its 20 provisions. 21 15. SEVERABILI'M 22 23 If any provision of this Agreement is determined by a court of competent jurisdiction to 24 be invalid or unenforceable for any reason, such determination shall not affect the validity or 25 enforceability of the remaining terms and provisions hereof or of the offending provision in any 26 other circumstance, and the remaining provisions of this Agreement shall remain in full force 27 and effect. 2S Exhibit"A2" 5 1 t 1 2009-204 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 7 8 /Il g. ll1 10 11 12 13 14 15 16 /// 17 n/ 1s u/ 19 20 21 22 23 24 25 26 27 28 Exlubit"A2" 6 2009-204 1 VENDOR SERVICE AGREEMENT SAN BERNARDINO PAINT 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated:, )jk I k 2009 VENDOR 7 By: 8 9 Dated( ,JtW'�, 2009 CITY AN ERNARDINO �V 10 B YCharles E.McNeely, ty anger 11 Approved as to Form: 12 i3 By: Jam Penman, City Attomey 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 2009-204 ATTACHMENT °1$ SECTION It. TECHNICAL SPECIFICATIONS City of San Bernardino Technical Specifications RFQ F-09-06 PAINT PRODUCTS AND MATERIALS 2009-204 NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Services Department, Streets Division is responsible for graffiti removal in the City. The intent of this document is to solicit proposals from qualified vendors with experience in providing paint products and materials. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with paint products and materials at a per unit cost_ Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for paint products and materials. _ + Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" K requirements are agreeable as set forth in left-hand column. Whenever the terms "Standard Specifications" is used, it shall mean the "Standard Specifications for Public Works Construction, latest edition." In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORYI ACCEPTABLEIAS SPECIFIED 2009-204 FTheCity NT MATERIALS f San Bernardino Public Services/e �nt, Street Division will purchase paint '4" �CC and materials throughout the year for its oval program. The paint will only be overing up graffi i. The paint products and materials will be priced for both pick up and delivery. Paint will be supplied in all"Standard"4 Paint colors, (White, Beige, Chocolate Brown and Gray.) City crews will primarily use white paint. Paint must be water-based latex. Exterior flat wall paint is �G (�s recommended for the use on concrete, masonry, concrete stucco, aggregate block, sheet rock, 5�'C plaster, primed wood, and primed metal. The City will supply the 4-color match paint. The VENDOR must be able to supply the following paint products and materials: • Rollers 9 • Paint brushes 4", 6" Extension Poles 6', 8' • Drop cloth • Spray Tips for Airless sprayers 2. PRICING PER UNIT COST Provide a pricing proposal that is a fixed cost per 5-gallon pail of paint. All other materials must be priced as well. 3. REFERENCE LIST d Provide three (3) local government agencies and/or company's previous or current contact references that support your ability to provide paint products and materials. 2009-204 4. CONTRACT LENGTH The length of this contract shall be for one (1)year with three (3) one year extensions at the City's option. 5. LICENSES The vendor represents that d has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide paint Products and materials, including a City business License, and that such licenses and approvals shall Fmatern�i;ls,ntained throughout the term of this Contract. ATIONS i itate pick-up and delivery of paint and Vendor's facility shall be loceted within a mile radius of the center of each of the four district intersections: (a) Baseline and Mt en, (b) Little Mountain and Kendall, (c) Del Rosa and Lynwood, and (d) Mill and Lena. 2009-204 PRICE FORM REQUEST FOR QUOTES: RFQ F-09-06 DESCRIPTION OF RFQ: Paint Products and Materials COMPANY NAMEIADDRESS: CN � � j90 91W NAME OF AUTHORIZED REPRESENTATIVE yJ� PRINT NAME 4�211��/C TELEPHONE NO. FAX NO. qD9 ITEM UNIT FIRM FIXED PRICE I. Paint-Pick Up Only: a. Standard Colors 5 gal $ fo b. Color Match 5 gal $ �� 9D 11. Paint- Delivgred to Job Site: // Q a. Standard Colors 5 gal $ �h 2009-204 b. Color Match 5 gal III. Supplies–Pick Up Only: a. Rollers - 9" each $.—//Lc��1�� r!-- b. Paint Brushes-4"!6" each N/ c. EKten Poles–6' 18' each $ g PJA d. Drop Cloths X12 each e. Spray Tips (for aidess sprayers) each $ IV. Supplies–Delivered to Job Site: a. Rollers - 9" each $ b. Paint Brushes -4" /6" each C. E�erlsion Poles–6' 18' each $� ! � 6 d. Drop Cloths each $ e. Spray Tips (for airless sprayers) each $� V. TOTAL FIRM FIXED PRICE: $ —� ANNUAL PURCHASE ORDER Effective on or about July 1, 2009 through June 30, 2010 plus three (3) single- year renewal options, for City's requirements, 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. 2009-204 Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your firm in order to meet t irements of the Technical Specifications? Yes Ij No / . (circle one). If you answered "Yes", please provide detail of sai ditional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you in in your bid all informational items and forms as requested. Y5)1 No (circle one). if you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) da s. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. 2009-204 i Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda wastwere received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGHH J5i PRINT IGNER'S NA A D TITLE: 'e Vz DATE SIGNED: `T� COMPANY NAM &A DRESS: ` PHONE: 9� jg=- .�D FAX: �D9 Io'77I7 EMAIL:.56 yahoo, CO✓� IF SUBMITTING A"NO BID", PLEASE STATE REASON(S)BELOW: t