HomeMy WebLinkAbout05.Y- Public Works RESOLUTION (ID # 2990) DOC ID: 2990 C
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 05/19/2014
Prepared by: Timothy J. ONeal, (909) 384-
5353 x1054
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment Number 1 to the Vendor Services Agreement Between the City of San
Bernardino and Rehrig Pacific Company and Increasing Annual Purchase Order No. 2014-
00000467 for FY 2013/14 to an Amount Not to Exceed $500,000 for the Purchase of Additional
Automated Carts for Residential Refuse Service. (#2990)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $191,000
Account No. 527-400-0095-5112
Account Description: Samall Tools and Equipment
Balance as of. May 6,2014 $89,280.56
Balance after approval of this item: $220,280.56
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
12/07/13 Resolution No. 2009-367 was approved authorizing the City Manager to execute the
agreement between the City of San Bernardino and Rehrig Pacific Company and
issue an Annual Purchase Order in the amount of$369,000 for FY 09-10. Terms of
the agreement comes with four (4) one-year extensions at the City's option: Option
year 1, if exercised, shall be effective July 1, 2010 through June 30, 2011; Option
year 2, if exercised, shall be effective July 1, 2011 through June 30, 2012; Option
year 3, if exercised, shall be effective July 1, 2012 through June 30, 2013; and Option
year 4, if exercised, shall be effective July 1, 2013 through June 30, 2014.
Background:
The Public Works Department, Integrated Waste Management Division, is responsible
maintaining and supplying all single family residential households throughout the City.
Currently, many single family households are in need of new residential refuse carts due to
damage, theft, misplacement and new tenants/homeowners. Additionally, as part of new
California Legislation that was passed on November 4, 2013, all multiple dwellings must comply
with AB341 recycling. This purchase will provide recycling containers to these accounts.
Updated: 5/13/2014 by Jolena E.Grider C I Packet Pg. 376
2990
On December 7, 2009 the Mayor and Common Council approved issuing a Purchase Order to
Rehrig Pacific for the purchase of Automated Carts for Residential Refuse Service.
Rehrig Pacific Company was selected through a formal multiple quote bid process to supply the
City of San Bernardino with Automated Carts for Residential Refuse Service throughout the
City. Rehrig Pacific Company possesses a business registration certificate pursuant to Chapter 5
of the Municipal Code, and any other license, permits, qualifications, insurance and approval of
whatever nature that is required of a vendor to practice its business or profession. In order to
keep the supply of residential refuse carts staff is requesting that Purchase Order No. 2014-
00000467 to Rehrig Pacific Company be increased by$131,000.
City Attorney Review:
Supporting Documents:
reso 2990 (PDF)
agrmt 2990 (PDF)
Resolution 2009-367 (PDF)
Memo of amended reso for Rehrig (DOCX)
Packet Pg. 377
Updated: 5/13/2014 by Jolena E.Grider C
RESOLUTION NO.
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2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
3 NUMBER I TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND REHRIG PACIFIC COMPANY AND INCREASING
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ANNUAL PURCHASE ORDER NO. 2014-00000467 FOR FY 2013/14 TO AN
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AMOUNT NOT TO EXCEED $500,000 FOR THE PURCHASE OF ADDITIONAL
AUTOMATED CAR T S FOR RESIDENTIAL REFUSE SERVICE. _
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7 WHEREAS, December 7, 2009, the Mayor and Common Council adopted the
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8 previous Resolution (Resolution No. 2009-367) of purchasing Automated Carts for
9 Residential Refuse Service from Rehrig Pacific Company for $369,000, due to Rehrig being
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10 the most qualified bid per RFQ F -10-05; and o
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11 WHEREAS, an additional expenditure of $131,000 is needed to fulfill the needs of
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the citizens of the City of San Bernardino for refuse services for the remainder of FY 2013-14.
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THERFORE, BE IT RESOLVED BY THE MAYOR AND THE COMMON N
15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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16 SECTION 1. The City Manager is hereby authorized to execute Amendment Number
17 1 to the Vendor Services Agreement Between the City of San Bernardino and Rehrig Pacific c
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Company, attached hereto as Exhibit"A"and incorporated herein;
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SECTION 2. That pursuant to this determination the Director of Administrative
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21 Services or his designee is hereby authorized to increase the annual purchase order no. 2014- 0:
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22 00000467 for Rehrig Pacific by $131,000 for the total purchase order amount of$500,000 for a
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23 FY 2013-14.
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SECTION 3. The amended purchase order shall reference this Resolution Number i
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and shall read, "Rehrig Pacific Company for the additional purchase of automated carts for
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27 refuse services. Agreement not to exceed $500,000" and shall incorporate the terms and r
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28 conditions of the agreement.
Packet:Rg.378
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT v
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NUMBER 1 TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY a,
3 OF SAN BERNARDINO AND REHRIG PACIFIC COMPANY AND INCREASING
4 ANNUAL PURCHASE ORDER NO. 2014-00000467 FOR FY 2013/14 TO AN .�
AMOUNT NOT TO EXCEED $500,000 FOR THE PURCHASE OF ADDITIONAL
5 AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICE.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a meeting o
8 thereof,held on the day of , 2014, by the following vote:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ Q
12 BARRIOS o
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VALDIVIA a
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SHORETT 0
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16 NICKEL o
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17 JOHNSON
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18 MULVIHILL U
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Georgeann Hanna, City Clerk
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The foregoing resolution is hereby approved this day of ,2014.
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24 R. CAREY DAVIS, Mayor 0
City of San Bernardino
25 Approved as to form:
26 GARY D. SAENZ, City Attorney E
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28 By.
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1 AMENDMENT NUMBER ONE TO VENDOR SERVICES AGREEMENT BETWEEN
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2 THE CITY OF SAN BERNARDINO AND REHRIG PACIFIC COMPANY
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4 THIS AMENDMENT NUMBER ONE is made and entered into as of May 19, 2014 by a
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5 and between the CITY OF SAN BERNARDINO,a charter city("CITY") and REHRIG PACIFIC a
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6 COMPANY ("VENDOR"). In consideration of the mutual covenants and conditions set forth
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7 herein,the parties agree as follows:
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a 8 1. This Amendment is made with respect to the following facts and purposes:
9 a. On December 7, 2009,the City and Vendor entered into that certain agreement E
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10 entitled"Vendor Service Agreement"("Agreement") for$369,000.00. a
11 2. Section 2(a) Compensation and Expenses of the Agreement is hereby amended to 0
12 increase the amount from$369,000.00 to an amount not to exceed$500,000.00.
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13 3. Except for the changes specifically set forth herein, all other terms and conditions of
14 the Agreement shall remain in full force and effect. a
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15 IN WITNESS THEREOF,the parties hereto have caused this Amendment Number One to >1
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16 be executed by and through their respective authorized officers, as of the date first above written.
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17 2
CITY OF SAN BERNARDINO, VENDOR
18 A Municipal Corporation Rehrig Pacific Corporation a
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Allen Parker, City Manager
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21 APPROVED AS TO FORM:
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22 Gary D. Saenz, City Attorney
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Packet Pg.380
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RESOLUTION NO. 2009-367
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF d
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369,040 WITH FOUR
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
4 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL
5 REFUSE SERVICES.
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6 WHEREAS, Rehrig Pacific Company submitted the lowest, most qualified bid
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7 for automated carts for residential refuse services per RFQ F-10-05.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 'I. The City Manager of the City of San Bernardino is hereby a
11 authorized to execute on behalf of said City an Agreement between the City of San o
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12 Bernardino and Rehrig Pacific Company, a copy of which is attached hereto, marked a
13 as Exhibit "A", and incorporated herein by this reference as fully as though set forth al
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SECTION 2. That pursuant to this determination the Director of Finance or her a
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17 designee is hereby authorized to issue a Purchase Order to Rehrig Pacific Company
1$ in the amount of$369,000 for FY 09-10. a
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and
20 shall read, "Rehrig Pacific Company for the purchase of automated carts fbi
21 residential refuse services. Agreement not to exceed $369,000" and shall incorporate
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the terms and conditions of the agreement. o
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24 SECTION 4. The authorization to execute the above referenced Purchase o
25 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 00
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26 days of the passage of this resolution. 0
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Packet Pg. 381
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2009-367
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY Of
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT ANC 2
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $369,000 WITH FO
2 UL
(4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO REHRIG PACIFIC
3 COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL .�
REFUSE SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the "r-
Mayor b
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and Common Council of the City of San Bernardino at a joint regular Q
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7 meeting thereof, held on the 7th day of December , 2009, by the
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8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT E
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ESTRADA
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BAXTER
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13 BRINKER
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14 SHORETT x n
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15 KELLEY x
16 JOHNSON E
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MCCAMMACK
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20 Rac el G. Clark, City Clerk
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The foregoing resolution is hereby approved this _ I day of
22 December , 2009, M
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P ric, J. Morris, Mayor o
24 City o San Bernardino
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25 Ap;aF;s t Form:
26 By:
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P acket Pg.382
2009-367
VENDOR SERVICE AGREEMENT
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2 This Vendor Service Agreement is entered into this 7th day of December 2009, b,
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3 and between Rehrig Pacific Company ("VENDOR") and the City of San Bernardino ("CITY' 0
4 or"San Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageou, w
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and in the best interest of the CITY to purchase automated carts for residential refuse services
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9 and
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10 WHEREAS, the City of San Bernardino did solicit and accept bids from availablf a
11 vendors for automated carts for residential refuse services per RFQ F-10-05; and, o
12 WHEREAS, Rehrig Pacific Company submitted the lowest best bid. Q
13 NOW,THEREFORE,the parties hereto agree as follows: U
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1. SCOPE OF SERVICES. o
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16 For the remuneration stipulated in paragraph 2, City hereby engages the services o' a
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17 VENDOR to provide those products and services as set forth in RFQ F-10-05, a copy of whiel U
18 is attached hereto as Attachment"1" and incorporated by this reference. a
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19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shal CD
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pay the VENDOR $40.86 per cart. Purchase Order not to exceed the total amoun ti
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of$369,000. o
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24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. o
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25 3. TERM; TERMINATION.
26 The term of this agreement shall be from December 7, 2009 through June 30, 2010 E
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27 with four (4) one-year extensions at the City's option. Option year one, if exercised, shall N
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EXHIBIT"A" Packet Pg.383
2009-367
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1 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
2
3 2012 through .tune 30, 2013. Option year four, if exercised, shall be effective July 1, 201-
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4 through June 30, 2014.
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5 This Agreement may be terminated at any time by thirty (30) days prior written notice
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6 by either party. The terms of this Agreement shall remain in force unless amended by writter ,o
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agreement of the parties executed on or before date of expiration of current tenn of the v
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9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise
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10 of the option. In no option year shall the price exceed that set forth herein. Q
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4. WARRANTY a
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13 Vendor expressly warrants that all products and services supplied to City by Vendor y
14 under this Agreement shall conform to the specifications, drawings or other description upor
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15 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable.
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16 of good material and workmanship, free from defects and free and clear of all liens of o
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17 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
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acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or W
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21 services not conforming to the foregoing warranty without expense to the City, when notified N
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22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- M
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23 conforming goods or services promptly, City may, after reasonable notice to Vendor, make N
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24 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
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purposes of this section shall not be deemed to require more than 60 calendars days notice
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Packet Pg.384
2009.367 :; -
1 before commencement of efforts by the City to effect cover or a cure except upon writtel
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2 agreement of the Parties. Cn
3 5. INDEMNITY.
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees
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agents or representatives, free and harmless from all claims, actions, damages and liabilities o d
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7 any kind and nature arising from bodily injury, including death, or property damage, based o w
8 asserted upon any or alleged act or omission of Vendor, its employees, agents, o U
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9 subcontractors, relating to or in any way connected with the accomplishment of the work o
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10 performance of service under this Agreement, unless the bodily injury or property damage wa: a
11 actually caused by the sole negligence of the City, its elected officials, employees, agents o w
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at it:
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14 own expense, including attorney's fees the City, its elected officials, employees, agents o 1'
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15 representatives from any and all legal actions based upon such actual or alleged acts o. °
16 omissions. Vendor hereby waives any and all rights to any types of express or implie<
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17 indemnity against the City, its elected officials, employees, agents or representatives, witl
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respect to third art clai ns against the Vendor relating to or in any way connected with thf a
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19 accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE.
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22 While not restricting or limiting the foregoing, during the term of this Agreement
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23 VENDOR shall maintain in effect policies of comprehensive public, general and automobil( N
24 liability insurance, in the amount of' $1,000,000.00 combined single limit, and statutor; 2
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25 worker's compensation coverage, and shall file copies of said policies with the CITY's Risl
26 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as at E
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additional named insured in each policy of insurance provided hereunder. The Certificate o r
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FPacket Pg. 385
2009-367
1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change o
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2 termination in the policy. insurer shall give CITY 30 days notice prior to enactment and an, rn
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3 change or termination of policy. d
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7. NON-DISCRIMINATION. c
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In the performance of this Agreement and in the hiring and recruitment of employees d
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in .°
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$ discrimination in employment of persons because of their race, religion, color, national origin
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender o
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10 sexual orientation, or any other status protected by law. a
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11 8. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents any d
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# purposes VENDOR shall be an independent contractor and not an agent or employee of th, L
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15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment o °
16 Income Tax, Social Security, State Disability Insurance Compensation, Unernploymen
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17 Compensation, and other payroll deductions for VENDOR and its officers, agents, an( u
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18 employees, and all business licenses, if any are required, in connection with the services to b. a
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performed hereunder.
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. a
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22 VENDOR warrants that it possesses or shall obtain, and maintain a business registratio,
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23 certificate pursuant to Chapter S of the Municipal Code, and any other licenses, permit N
24 qualifications, insurance and approval of whatever nature that are legally required of VENDOI
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to practice its business ix•profession.
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2009--367
1 NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the Unite, in
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3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director 1
5 300 North"D" Street
San Bernardino, CA 92418
6 Telephone: (909) 384-5140
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7 TO THE VENDOR: Rehrig Pacific Company
8 4010 E 26`x' St
Los Angeles CA 90058 2
9 Telephone: (310) 529-8774 E
Contact: Justin Fellhauer °
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11 10. ATTORNEYS' FEES. o
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12 In the event that litigation is brought by any party in connection with this Agreemerr
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13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses
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14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any o a.
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15 its rights or remedies hereunder or the enforcement of any of the terms, conditions c r-
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provisions hereof. The costs, salary and expenses of the City Attorney and members of hi 0
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18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys
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19 fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
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21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet c N
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22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's pric o
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written consent. Any attempted assignment. transfer, subletting or encumbrance shall be voi c
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and shall constitute a breach of this Agreement and cause for the termination of thi c
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VEND01
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Packet Fig.387
2009-367
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1 of VENDOR's obligation to perform all other obligations to be performed by Vf ND0 °;
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2 Hereunder for the tern of this Agreement.
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3 12. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with thi
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Agreement shall be tried and litigated either in the State courts located in the County of Sal TD
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7 Bernardino, State of California or the U.S. District Court for the Central District of California
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8 Riverside Division. The aforementioned choice of venue is intended by the parties to b v
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9 mandatory and not permissive in nature. o
10 13. GOVERNING LAW. Q
11 This Agreement shall be governed by the laws of the State of California. r
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14. SUCCESSORS AND ASSIGNS. d
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This Agreement shall be binding on and inure to the benefit of the parties to thi 2
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15 Agreement and their respective heirs, representatives, successors, and assigns.
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j 16 15. HEADINGS. E
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17 The subject headings of the sections of this Agreement are included for the purposes o 2
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18 convenience only and shall not affect the construction or the interpretation of any of it CL
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provisions. M
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16. SEVERABILITY. CD
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22 if any provision of this Agreement is determined by a court of competent jurisdiction to M
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23 be invalid or unenforceable for any reason, such determination shall not affect the validity o N
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24 enforceability of the remaining terns and provisions hereof or of the offending provision in an.
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25 other circumstance, and the remaining provisions of this Agreement shall remain in full fore,
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and effect.
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2009-367
1 17. REMEDIES; WAIVER. 2
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2 All remedies available to either party for one or more breaches by the other party are in
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3 and shall be deemed cumulative and may be exercised separately or concurrently withot
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waiver of any other remedies. The failure of either party to act in the event of a breach of thi
Agreement by the other shall not be deemed a waiver of such breach or a waiver of futur
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7 breaches, unless such waiver shall be in writing and signed by the party against whor
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8 enforcement is sought. 'a
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9 18. ENTIRE AGREEMENT; MODIFICATION. o
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10 This Agreement constitutes the entire agreement and the understanding between th a
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11 parties, and supercedes any prior agreements and understandings relating to the subject main%
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of this Agreement. This Agreement may be modified or amended only by a written instrumer
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executed by all parties to this Agreement.
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2009--367
VENDOR SERVICE AGREEMENT
RE+'HRIG PACIFIC COMPANY d
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day an4
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date set forth below.
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6 Dated: , 200 ( Rehrig Pacific C pay o
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Dated , 2009 CITY SAN BERN)RDINO
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Charles L. Me c I y Manager
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14 Jame� � �Ahman, Ci ty Attorney �-
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� RESOLUTION (ID # 2990)
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
e Purchase Order
From: Tony Frossard M/CC Meeting Date: 04/21/2014
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Prepared by: Christopher H.Alanis o
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Dept:Public Works Ward(s): All v
Subject: m
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the amendment o
of a Vendor Service Agreement and Increase to Annual Purchase Order 2014-00000467 by$131,000 for <
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a total budget amount of $500,000 for FY 13/14 to Rehrig Pacific Company to purchase additional
automated carts for residential refuse service.
Current Business Registration Certificate: Yes Q
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Financial Impact: @
Account Budgeted Amount: $369,000
Account No. 527-400-0095-5112 0
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527-400-0001-5505 0
Account Description: Auto Residential Collection =
Other Professional Services
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Balance as o£ 03/11/2014 $387.22 E
Balance after approval of this item: $131,387.22 v
Please note that this balance indicates the amount that will be available funding.
Motion: Adopt the Resolution
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Svnopsis of Previous Council Action
12/07/2013 — Approved Resolution 2009-367. The Mayor and Common Council authorized the City
Manager to execute the agreement between the City of San Bernardino and Rehrig Pacific Company and
issue an Annual Purchase Order in the amount of$369,000 for FY 09-10. Terms of the agreement comes
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be effective a,
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.
Option year four,if exercised,shall be effective July 1,2013 through June 30,2014. -
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Background:
The Public Works Department, Integrated Waste Management Division, is responsible maintaining and
supplying all single family residential households throughout the City. Currently many single family c
households are in need of new residential refuse carts due to damage, theft, misplacement and new E
tenants/homeowners. Additionally, as part of new California legislation that was passed on November 4,
2013, all multiply dwelling must comply with AB341 recycling. This purchase will provide recycling o
containers to these accounts. E
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On December 7, 2009 the Mayor and Common Council approved issuing a Purchase Order to Rehrig
Pacific for the purchase of Automated Carts for Residential Refuse Service.
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Rehrig Pacific Company was selected through an formal multiple quote bid process to supply the City of
San Bernardino with Automated Carts for Residential Refuse Service throughout the City. Rehrig Pacific a
Packet Pg. 391
S.Y,d
Company possesses a business registration certificate pursuant to Chapter 5 of the Municipal Code, and
any other license,permits,qualifications, insurance and approval of whatever nature that are required of a
vendor to practice its business or profession. In order to keep the supply of residential refuse carts staff is 3
requesting that Purchase Order 2014-00000467 to Rehrig Pacific Company be increased by$131,000.
City Attorney Review:
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Supporting Documents:
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Resolution 2009-367
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