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HomeMy WebLinkAbout08.E- Fire RESOLUTION (ID# 1939) DOC ID: 1939 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment E\✓ From: Paul Drasil M/CC Meeting Date: 07/16/2012 Prepared by:Norma Camarena, (909)384- 5286 Dept: Fire Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Services Agreement Between the City of San Bernardino and Fire Recovery USA and Issuance of a Purchase Order to Fire Recovery USA to Provide Billing Services for the Hazardous Material Spill Incident Program from August 1, 2012 through January 31, 2013. Financial Impact: Compensation to Fire Recovery USA is a percentage not to exceed 20%of amounts collected on behalf of the City under the Hazardous Material Spill Incident Program fee. Funding for this agreement is included in the Fire Department's FY 2012-13 Proposed Budget, account number 001-200-0044-5505 (Other Professional Services) in the amount of$18,450. [ j Account Number: 001-200-0044-5505 Budgeted Amount: $76,900 v Balance as of July 2, 2012: $73,375 Balance after approval of item: $54,925 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt Resolution. Synopsis of Previous Council Action: 09/8/09 Resolution 2009-318 authorizing the execution of an agreement and issuance of an annual purchase order to Fire Recovery USA to provide billing services for hazardous spills resulting from traffic collisions. Backaround• Pursuant to the City's bidding process, Fire Recovery USA was awarded an agreement to provide billing collection services for the Hazardous Material Spill Incident fee resulting from traffic collisions under Request for Quote F-09-12. The agreement was entered into on September 8, 2009, for billing services from August 3, 2009,through July 31,2012. Packet Pg. 823 Updated: 7/12/2012 by Georgeann"Gigi"Hanna Page 1 1939 The Fire Department is requesting that the current Fire Recovery USA agreement be extended (`�.. for an additional six-month period as a select source purchase order. This extension will allow the Fire Department to explore the opportunity of expanding our recovery options to include emergency scene traffic control and vehicle extrication of trapped victim(s). The extension will allow us to continue the billing services, recommend new fees to the Ways and Means for consideration, and go out to bid for the billing contract. In addition, the current hazardous materials spill fee needs to be updated to reflect personnel costs and adding the cost of outsourcing this service. Amendment Number One is to amend Section 1.2 of the agreement to extend the term of agreement for 6 months. All other sections and conditions of the agreement remain unchanged. Therefore, the Fire Department is requesting approval to extend the existing agreement with Fire Recovery USA for six months, from August 1, 2012, through January 31, 2013, (Exhibit A). The agreement provides that either party may terminate this agreement by giving not less than 30 days written notice to the other party of said intent to terminate. Therefore, in accordance with the City of San Bernardino Municipal Code Section 3.04.010(B)(3) purchasing procedures for "selective source," the Fire Department recommends that Fire Recovery USA be issued a purchase order for the required billing services from August 1, 2012,through January 31,2013. The Fire Department will report back to the Mayor and Common Council with the Ways and Means Committee recommendation and a request for approval to award a contract based on the bid results for billing services. City Attorney Review: Su000rtin¢Documents: reso 1939 (PDF) agrmt 1939 (PDF) Packet Pg. 824 Undated:7/12/2012 by Georgeann"Gigi"Hanna Pa vc 8.E.a I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 3 NUMBER ONE TO THE SERVICES AGREEMENT BETWEEN THE CITY OF SAN 4 BERNARDION AND FIRE RECOVERY USA AND ISSUANCE OF A PURCHASE vai ORDER TO FIRE RECOVERY USA TO PROVIDE BILLING SERVICES FOR THE 5 HAZARDOUS MATERIAL SPILL INCIDENT PROGRAM FROM AUGUST 1, 2012, d THROUGH JANUARY 31,2013. c 6 d 7 WHEREAS, on September 8, 2009, the Mayor and Common Council adopted LL 8 Resolution No. 2009-318 authorizing the City to enter into a Services Agreement with Fire 0 a. a 9 Recovery USA for billing collection services for the hazardous material spill incident °° 10 program fees resulting from traffic collisions, for the term of August 3, 2009, through July y 11 31, 2010, with two one-year renewal options. ca 12 WHEREAS, Fire Recovery USA and the City of San Bernardino Fire Department o 13 .0 14 wish to extend their agreement for billing collection services for the hazardous material spill z' M C 15 incident fees for the period of August 1, 2012, through January 31,2013. W E E a 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE E 17 CITY OF SAN BERNARDINO AS FOLLOWS: a rn 18 19 SECTION 1. The City Manager is hereby authorized and directed to execute .. 20 Amendment Number One to the September 8, 2009 Services Agreement with Fire Recovery 21 USA, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by M 22 reference as though fully set forth at length; and 0 23 SECTION 2. The Director of Finance or his designee is authorized to issue a 24 d purchase order to Fire Recovery USA. The purchase order is for six months and shall be in an u 25 26 amount equal to 20%of net revenue collected; and a 27 28 8.E.a 1 SECTION 3. The authorization to execute the above referenced Amendment and 2 Purchase Order is rescinded if the parties to the Agreement fail to execute it within sixty(60) 3 days of the passage of this Resolution. a' 4 5 o 6 d 7 LL 0 8 IL 9 o d 10 r 12 C O 13 a 14 z 15 0 16 0 17 a M 18 19 r 20 O d 21 M 22 O N 23 24 £ t 25 26 27 28 Packetpi 828 8.E.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 2 NUMBER ONE TO THE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDION AND FIRE RECOVERY USA AND ISSUANCE OF A PURCHASE 3 ORDER TO FIRE RECOVERY USA TO PROVIDE BILLING SERVICES FOR THE 4 HAZARDOUS MATERIAL SPILL INCIDENT PROGRAM FROM AUGUST 1, 2012, THROUGH JANUARY 31, 2013. D 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and v 6 7 Common Council of the City of San Bernardino at a meeting LL 8 thereof, held on the_day of 2012, by the following vote,to wit: 0 a 0 9 Council Members: AYES NAYS ABSTAIN ABSENT v 10 MARQUEZ N 11 JENKINS 12 0 13 VALDIVIA s E 14 SHORETT z' 15 KELLEY E 16 JOHNSON E 17 a MCCAMMACK 18 19 0 20 Geroge um Hanna, City Clerk 21 The foregoing resolution is hereby approved this day of 2012. 22 0 N 23 Patrick J. Morris, Mayor r 24 City of San Bernardino E s 25 Approved as to form: a 26 JAMES F. PENMAN, City Attorney 27 �,. 28 BY IIEef Pg.827 8.E.b AMENDMENT NUMBER ONE TO SERVICES AGREEMENT WITH FIRE RECOVERY USA,LLC THIS AMENDMENT NUMBER ONE TO SERVICES AGREEMENT WITH FIRE RECOVERY USA,LLC ("Amendment") is made between Fire Recovery USA, LLC ("Company")and the City of San Bernardino (the "City")on 2012. WHEREAS, the parties wish to amend the Services Agreement that they entered into on September 8, 2009 ("Agreement"); WHEREAS, the Fire Department wishes to extend the Agreement for six months in order to explore the I Opportunity of expanding its recovery options; and Z, d WHEREAS, the parties wish to amend the Agreement on the terms and conditions set forth herein. U NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, i` the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ° a.V a. 1. This Amendment shall be effective when executed by all parties and the effective date shall be August 0 1, 2012. w U 2. The parties hereby amend Section 1.2 of the Agreement as set forth below: ' N "1.2 Term. The Term of this Agreement shall be for one year commencing August 3, 2009 through July 31, 2010. This Agreement shall automatically renew for two successive single year periods(option 1 August 1, 2010 to July 31, 2011; option 2 August 1, 2011 to July 31,2012)unless a either Party gives the other Party notice of cancellation as provided in Section 8.1. This Agreement E shall also be extended from August 1,2012 to January 31,2013." Z c v E v E M rn m E 1 PacR j,828: AMENDMENT NUMBER ONE TO SERVICES AGREEMENT WITH FIRE RECOVERY USA,LLC IN WITNESS WHEREOF,the parties have executed this Amendment as of the date first written above. Dated: FIRE RECOVERY USA,LLC uai D a L d By: v v d LL Dated: CITY OF SAN BERNARDINO o 0 a 0 m By' c Andrea Travis-Miller, Acting City Manager 'm _N N Approved as to Form: o © E E es F. Penman City Attorney z C N E C N E Q M M E OI R C d E s U Q Packet Pg. 829