HomeMy WebLinkAbout05.AF- Public Works RESOLUTION (ID#3190) DOC ID: 3190 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 07/21/2014
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 an Agreement and Issuance of an Annual Purchase Order in the Amount Not to
Exceed $90,000 with Two (2) One-Year Extensions at the City's Option to Arata Equipment
Company, Pursuant to Section 3.04.010-133 of the Municipal Code for the Purchase of Specific
Labrie Refuse Equipment Parts and Supplies. (#3190)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $1,232,200
Account No. 635-400-0100*5111
Account Description: Materials &Supplies
Balance as o£ July 8, 2014
Balance after approval of this item: $1,142,200
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
06/20/05 Resolution No. 2005-172 was adopted, approving an Annual Purchase Order to Arata
Equipment Company with 3-year renewal options.
04/17/06 Resolution No. 2006-108 was adopted, approving an increase to an Annual Purchase
Order to Arata Equipment Company of$40,000 for a total not to exceed$100,000.
04/16/07 Resolution No. 2007-121 was adopted, approving an increase to an Annual Purchase
Order to Arata Equipment Company of$30,000 for a total not to exceed$130,000.
08/16/10 Resolution No. 2010-280 was adopted, approving an Annual Purchase Order to Arata
Equipment Company for a total not to exceed$75,000 with 3-year renewal option
4/10/14 Resolution No. 2014-88 was adopted, approving an increase to an Annual Purchase
Order to Arata Equipment Company of$15,000 for a total not to exceed$90,000.
Background:
The Integrated Waste Management Division (IWM Division) has 39 Labrie automated side
loader refuse trucks in its fleet and has been using this brand since 2001. The Labrie brand was
chosen from extensive research and demonstrations and awarded through a competitive bid.
Fleet staff has found that standardization of vehicles is more cost effective, fewer parts must be
stocked and mechanic training is specialized and more thorough. Arata Equipment Company of
San Carlos is the authorized California dealership that furnishes specific Labrie equipment, parts
Updated: 7/10/2014 by Jolena E.Grider C I Packet Pg. 560
3190
and supplies for refuse fleets and is, therefore, considered a sole source supplier.
In the past, on April 16, 2007, the Mayor and Common Council approved an increase to the
Annual Purchase Order in the amount of$30,000 for a total not to exceed$130,000. This was the
largest approved agreement amount to date. With the aging fleet there is a constant need for
equipment, parts and supplies. Fleet has since found local fabricators who can make some of the
parts required to service the Labrie trucks. However there is still a need to go through Arata to
purchase the many specific parts only available from Labrie. Fleet staff is requesting a Sole
Source Purchase Order to Arata Equipment Company in the amount not to exceed $90,000,
beginning in FY 2014/15 with two (2) one-year extensions at the City's option.
City Attorney Review:
Supporting Documents:
reso 3190 (PDF)
agrmt 3190 (PDF)
Updated:7/10/2014 by Jolena E.Grider C Packet Pg. 561
SAF.a
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT NOT TO
4 EXCEED $90,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S
OPTION TO ARATA EQUIPMENT COMPANY, PURSUANT TO SECTION 3.04.010-
5 B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF SPECIFIC LABRIE
REFUSE EQUIPMENT PARTS AND SUPPLIES.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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WHERAS, Arata Equipment Company is the authorized California dealership that a
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furnishes specific Labrie equipment parts and supplies for refuse fleets and are, therefore, in
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11 considered a sole sources supplier.
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12 SECTION 1. The City Manager is hereby authorized to execute on behalf of said
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13 City an Agreement between the City of San Bernardino and Arata Equipment Company, a
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copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as N
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fully as though set forth at length.
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17 SECTION 2. This Purchase is exempt from the formal contract procedure of Sections J
18 3.04.010 of the Municipal Code, pursuant to Sections 3.04.010. B.3 of said Code "Purchases (n
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19 approved by the Mayor and Common Council."
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20 SECTION 3. The Purchase Order shall reference this Resolution number and shall
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read "Arata Equipment Company for specific Labrie refuse equipment parts and supplies"
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23 Purchase Order not to exceed $90,000 and shall incorporate the terms and conditions of the
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24 Agreement.
25 SECTION 4. The authorization to execute the above-referenced Agreement and
26 Purchase Order is rescinded if not issued within sixty (60) days of the passage of this
27 Resolution.
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUTN NOT TO
4 EXCEED $90,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S
OPTION TO ARATA EQUIPMENT COMPANY PURSUANT TO SECTIONS
5 3.04.010-133 OF THE MUNICIAPL CODE FOR THE PURCHASE OF SPECIFICS
LABRIE REFUSE EQUIPMENT PARTS AND SUPPLIES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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8 and Common Council of the City of San Bernardino at a meeting Q
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9 thereof,held on the day of , 2014, by the following vote,to wit: CL
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Council Members: AYES NAYS ABSTAIN ABSENT 06
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12 MARQUEZ L
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13 BARRIOS
14 VALDIVIA w
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15 SHORETT d
16 NICKEL
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JOHNSON o
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19 MULVIHILL
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21 Georgeann Hanna, City Clem
22 The foregoing resolution is hereby approved this day of , 2014. E
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25 R. CAREY DAVIS, Mayor
City of San Bernardino
26 Approved as to form:
GARY D. SAENZ, City- Attorney
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ARATA EQUIPMENT COMPANY FOR LABRIE REFUSE EQUIPMENT
PARTS AND SUPPLIES
This Vendor Service Agreement is entered into this — day of 2014, by an(
between Arata Equipment Company ("VENDOR") and the City of San Bernardino ("CITY" o
"San Bernardino").
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WITNESSETH:
WHEREAS,the Mayor and Common Council has determined that it is advantageous Q
and in the best interest of the CITY to purchase specific Labrie refuse equipment parts and a
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supplies ; and
WHEREAS, Arata Equipment Company is the authorized dealership that furnishe a
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specific Labrie equipment parts and supplies for refuse fleets and is therefore considered a sole
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sources supplier; and Cr
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WHEREAS, this purchase is exempt from the formal contract procedures of Section 3
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3.04.010.of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchase
approved by the Mayor and Common Council."
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NOW,THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES. M
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For the remuneration stipulated, San Bernardino hereby engages the services o
VENDOR to provide those products and services as set forth in this agreement.
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2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, sha]
pay the VENDOR the amount not to exceed $90,000.00 for the purchase specifi
Labrie refuse equipment parts and supplies.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
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3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two single yeas
renewals at the City's option.
This Agreement may be terminated at any time by thirty (30) days written notice b} ^
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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. Q
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4. INDEMNITY.
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CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and U)
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from a
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CITY's negligent acts or omissions arising from the CITY's performance of its obligation,
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under the Agreement. s
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VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, am 2
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volunteers from any and all claim, actions, or losses, damages and/or liability resulting frog a)
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VENDOR's negligent acts or omissions arising from the VENDOR's performance of it:
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obligations under the Agreement.
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for an} M
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claim, action, loss, or damage arising from the performance of their respective obligation: 6
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under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of thi,
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5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
Packet Pg. 565
worker's compensation coverage, and shall file copies of said policies with the CITY's Risl
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as al
additional named insured in each policy of insurance provided hereunder. The Certificate o'
Insurance furnished to the CITY shall require the insurer to notify CITY of any change o:
termination in the policy.
b. NON-DISCRIMINATION. a
In the performance of this Agreement and in the hiring and recruitment of employees Q
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in 'Q
discrimination in employment of persons because of their race, religion, color, national origin 06
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender of
sexual orientation, or any other status protected by law, except as permitted pursuant to Sectior
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12940 of the California Government Code. w
7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents anc
purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment' M
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Compensation, and other payroll deductions for VENDOR and its officers, agents, an(
employees, and all business licenses, if any are required, in connection with the services to be E
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performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registratior
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOI
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unite(
States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
300 North "D" Street
San Bernardino, CA 92418 a
Telephone: (909) 384-5140
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TO THE VENDOR: Arata Equipment Company
1160 Industrial Rd#12 06
San Carlos, CA 94070 W
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Telephone: (650) 508-1010 a
Attn: Danny Arata
10. ATTORNEYS' FEES E
In the event that litigation is brought by any party in connection with this Agreement w
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the prevailing party shall be entitled to recover from the opposing panty all costs and expenses.
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 of J
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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office in connection with that litigation shall be considered as "attorneys' fees" for the purposes M
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of this paragraph.
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11. ASSIGNMENT. E
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet of
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOI
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with thi
Agreement shall be tried and litigated either in the State courts located in the County of Sa ^
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Bernardino, State of California or the U.S. District Court for the Central District of Californig
Riverside Division. The aforementioned choice of venue is intended by the parties to b
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mandatory and not permissive in nature. Q
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California.
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14. SUCCESSORS AND ASSIGNS. g
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This Agreement shall be binding on and inure to the benefit of the parties to thi O
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Agreement and their respective heirs,representatives, successors,and assigns.
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15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes o -'
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convenience only and shall not affect the construction or the interpretation of any of it
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provisions. co
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th E
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parties, and supercedes any prior agreements and understandings relating to the subject manne 2
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of this Agreement. This Agreement may be modified or amended only by a written instrumer
executed by all parties to this Agreement.
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5.AF.b
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ARATA EQUIPMENT COMPANY FOR LABRIE REFUSE EQUIPMENT
PARTS AND SUPPLIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da,
and date set forth below.
Dated: , 2014 VENDOR. _
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By:
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Dated 2014 CITY OF SAN BERNARDINO
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By: a
Allen J. Parker, City Manager =
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Approved as to Form: Cr
Gary D. Saenz, City Attorney N
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