HomeMy WebLinkAbout05.N- Public Works RESOLUTION (ID # 3392) DOC ID: 3392 A
�..., CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 09/15/2014
Prepared by: Adrienne Loa,
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Vendor Service Agreement and Issuance of an Annual Purchase Order Not to
Exceed $30,000 with Two One-Year Extensions at the City's Option to Haaker Equipment
Company for Specific Elgin and Schwarze Parts and Service. (#3392)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: $5,000
Account No. 635-400-0100*5111
Account Description: Materials & Supplies
Balance as of: 8/19/2014 $245,405.37
Balance after approval: $215,405.37
Account Budgeted Amount: $19,000
Account No. 635-400-0100*5173
Account Description: Outside Vehicle Maintenance
Balance as of. $329,587.50
Balance after approval: $310,587.50
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:
06/02/2014 Resolution No. 2014-153 was approved, authorizing the execution of a Vendor
Service Agreement and an increase to Annual Purchase Order No. 01400001891
in an amount not to exceed $30,000 for specific Elgin and Schwarze Parts and
Service.
Background:
Haaker Equipment Company is the West Coast Distributor for Elgin Street Sweepers and Vactor
Sewer Cleaning Truck parts and services.
Haaker Equipment Company has been a Sole Source Vendor for the past eight years for parts
and service related to the City's street sweepers and sewer trucks.
On June 2, 2014, the Mayor and Common Council approved a $19,000 increase to Haaker's
Updated: 9/4/2014 by Telicia Lopez A I Packet Pg. 435
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3392
Annual Purchase Order to ensure payment for repairs on a Vactor truck. These vehicles require
regular maintenance, repairs and replacement parts. Continued high usage of the sweeper and
Vactors is necessary to uphold State and Federal regulations for maintaining sewers, storm drains
and sweeping City streets with continued high usage and the lack of a vehicle replacement plan,
Fleet is requesting to continue the annual purchase order for the amount of$30,000.
City Attorney Review:
Supporting Documents:
Haaker Equipment Purchase Order Resolution (DOC)
agrmt 3392 (PDF)
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Updated:9/4/2014 by Telicia Lopez A Packet Pg. 436
5.N.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
3 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER E
4 NOT TO EXCEED $30,000 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S v
OPTION TO HAAKER EQUIPMENT COMPANY FOR SPECIFIC ELGIN AND c
5 SCHWARZE PARTS AND SERVICE. 4.
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON Cr
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Y
8 SECTION 1. The City Manager is hereby authorized and directed to execute on =
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9 behalf of said City an Agreement between the City of San Bernardino and Haaker Equipment
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10 Company, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by v
11 reference as fully as though set forth at length.
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13 SECTION 2. This purchase is exempt from the formal contract procedure of Section
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Q 14 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B.3 of said Code "Purchases
15 approved by the Mayor and Common Council."
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SECTION 3. That pursuant to this determination the Director of Finance or his ?
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17 designee is hereby authorized to issue an Annual Purchase Order to Haaker Equipment
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Company in the amount not to exceed $30,000. p
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20 SECTION 4. The Purchase Order shall reference this Resolution Number and shall v
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21 read, "Haaker Equipment Company for Elgin and Schwarze street sweeper and Vactor
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22 sewer/storm drain vacuum truck parts and service." a
23 SECTION 5. The authorization to execute the above-referenced Agreement is
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rescinded if it is not executed by both parties within sixty (60) days of the passage of this i
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5.N.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR
2 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER
NOT TO EXCEED $30,000 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S
3 OPTION TO HAAKER EQUIPMENT COMPANY FOR SPECIFIC ELGIN AND E
4 SCHWARZE PARTS AND SERVICE. °
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor E
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6 and Common Council of the City of San Bernardino at a meeting Cr
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thereof,held on the day of , 2014,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
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11 BARRIOS L
12 VALDIVIA
13 SHORETT _
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NICKEL m
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16 JOHNSON
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17 MULVIHILL
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Georgeann Hanna, City Clerk s
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The foregoing resolution is hereby approved this day of , 2014. a-
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as
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23 R. Carey Davis, Mayor w
City of San Bernardino Y
24 Approved as to form:
Gary D. Saenz, City Attorney x
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By: U
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAAKER
EQUIPMENT COMPANY FOR VACTOR TRUCK PARTS AND SERVICE
This Vendor Service Agreement is entered into this day of 2014, by and between Haake;
Equipment Company ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS,the Mayor and Common Council has determined that it is advantageous and in the bes 3.
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interest of the CITY to contract for Haaker Equipment Company for repairs and parts for Elgin and Vactor o
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Truck parts and service.
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WHEREAS, the Vendor is the sole west coast distributor for Elgin Sweepers and Vactor Sewej
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Cleaning Truck parts and service; and, Y
WHEREAS,this new Agreement supersedes all previous Agreements with the Vendor; o
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NOW, THEREFORE, the parties hereto agree as follows:
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0 1. SCOPE OF SERVICES.
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For the remuneration stipulated in Section 2, the City of San Bernardino hereby engages the service:
of VENDOR to provide parts, repairs and services on Elgin Street Sweepers and Vactor Sewer Cleaning
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trucks service and parts. N
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2. COMPENSATION AND EXPENSES. N
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the n
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VENDOR, up to the amount of $30,000 for specific Elgin Street Sweepers and Vactor Sewe3
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Cleaning Trucks service and parts. E
b. No other expenditures made by VENDOR shall be reimbursed by CITY. Q
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Exhibit"A"
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0 . R AETION.
The term of this agreement shall be from September 15, 2014 through June 30, 2015, with two one
year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2015 througl
June 30, 2016. Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017.
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This Agreement may be terminated at any time by thirty (30) days prior written notice by eithe C
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party. The terms of this Agreement shall remain in force unless amended by written agreement of thf
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parties executed on or before date of expiration of current term of the agreement. a
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4. WARRANTY a�
Vendor expressly warrants that all products and services supplied to City by Vendor under thi, c
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Agreement shall conform to the specifications, drawings or other description, upon which this purchase i� 10
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based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship,
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free from defects and fee and clear of all liens or encumbrances. Inspection, testing, acceptance or use of a
the goods by the City shall not affect Vendor's obligations under this warranty, and such warranty shall
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survive inspection, testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any
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goods or services not conforming to the foregoing warranty without expense to the City, when notified of N
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such non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods or
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services promptly, City may, after reasonable notice to Vendor, make such corrections or effect cover, or
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cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be deemed to require
more than 60 calendars days notice before commencement of efforts by the City to effect cover or a cure Q
except upon written agreement of the Parties.
Exhibit"A"
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S. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials,
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representatives, free and harmless from all claims, actions, damages and liabilities of any kind and naturf
arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act o
omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with thf
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accomplishment of the work or performance of service under this Agreement, unless the bodily injury o: Q
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property damage was actually caused by the sole negligence of the City, its elected officials, employees
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agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at it, E
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own expense, including attorney's fees the City, its elected officials, employees, agents or representative.,
from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waive; s
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any and all rights to any types of express or implied indemnity against the City, its elected officials
employees, agents or representatives, with respect to third party claims against the Vendor relating to or it o
any way connected with the accomplishment of the work or performance of services under this Agreement. L
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6. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shalt Q
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maintain in effect policies of comprehensive public, general and automobile liability insurance, in the
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amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall M
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file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this R
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Agreement. CITY shall be set forth as an additional named insured in each policy of insurance providec E
hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of 2"
any change or termination in the policy.
7. 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
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Exhibit"A"
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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.
8. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes
VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall
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secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State C
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Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for
VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in .2-
connection with the services to be performed hereunder.
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. _
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate
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pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and
approval of whatever nature that is legally required of VENDOR to practice its business or profession.
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10. NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Q
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Service, postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director M
300 North"D" Street E
San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR: Haaker Equipment Company
2070 N. White Avenue U
La Verne, CA 91750 a
Telephone: (909) 598-2706
Contact: Randy Blackman
Exhibit "A"
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11. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement, the prevailing
party shall be entitled to recover from the opposing party all costs and expenses, including reasonably
attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder o
the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the
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City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be C
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considered as "attorneys' fees" for the purposes of this paragraph. v
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12. ASSIGNMENT, E
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any
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part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted z
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assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this a�
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Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or o
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assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be
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performed by VENDOR hereunder for the term of this Agreement.
13. VENUE. a
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The parties hereto agree that all actions or proceedings arising in connection with this Agreement
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shall be tried and litigated either in the State courts located in the County of San Bernardino, State of M
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California or the U.S. District Court for the Central District of California, Riverside Division. The
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aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. E
14. GOVERNING LAW. r
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This Agreement shall be governed by the laws of the State of California.
15. 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.
Exhibit "A"
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16. HEADINGS.
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 provisions.
17. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or
unenforceable for any reason, such determination shall not affect the validity or enforceability of the �-
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remaining terms and provisions hereof or of the offending provision in any other circumstance, and the
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remaining provisions of this Agreement shall remain in full force and effect.
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18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the parties, and z
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supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This
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Agreement may be modified or amended only by a written instrument executed by all parties to this
Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HAAKER
EQUIPMENT COMPANY FOR VACTOR TRUCK PARTS AND SERVICE
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set
forth below.
Dated: 12014 HAAKER EQUIPMENT COMPANY
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Dated , 2014 CITY OF SAN BERNARDINO
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By: .°
Allen J. Parker, City Manager
Approved as to Form:
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Gary D. Saenz, City Attorney a�
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