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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Approving a Vendor Services
Agreement and authorizing a select
source purchase order with three single
year renewal options to Inland Regional
Material Recovery Facility
Dept: Public Services
Date: October 19, 2006
Meeting Date: November 6, 2006
Synopsis of Previous Council Action:
Recommended Motion:
tv
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director
Phone: 5140
Supporting data attached: Staff Report
Ward: All
FUNDING REQUIREMENTS:
Amount: $379,800
Source: 527-412-5179 $145,800
527-413-5179 $234,000
Finance:
Council Notes:
~se:> .2006 - 3.?7
Agenda Item No. .., (p
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Approving a Vendor Services Agreement and authorizing a select source purchase
order with three single year renewal options to Inland Regional Material Recovery
Facility.
Background:
The Public Services Department, Refuse Division collects approximately 159,000 tons
of waste each year. Due to San Bernardino County restriction on waste tonnage
allowed to the Colton landfill approximately 151,000 will go to the Colton landfill.
The remaining 8,000 tons of waste must be diverted to other County landfills and/or
other waste facilities. The next closest County landfill is Mid-Valley landfill in North
Fontana. Due to Mid-Valley's location, travel time would be increased by at least one
hour per trip. The added time causes additional hours worked, addition fuel used,
additional maintenance on vehicles and causes daily routes to not be completed on
their scheduled day. Last fiscal year R3 Consulting was hired to complete an
operational review of our collection system. They recommended the City use Inland
Regional Material Recovery Facility (IRMRF) for operational flexibility. IRMRF is a
transfer station. They receive waste then haul it to various landfills. The cost per ton is
$12.40 more than the County landfills due to a transfer fee but the City benefits by not
paying additional overtime salaries, additional fuel and additional maintenance of
vehicles. IRMRF is in close proximity to the City and is the nearest non-County
operated facility that accepts waste. Also, IRMRF hours of operation are longer than
the Colton landfill.
Using tonnage reports and projections staff estimated that 3,050 tons of residential
waste would be diverted to the IRMRF to comply with County's request. Staff also
estimated that 4,900 tons of commercial waste would be diverted to IRMRF. The
combined 7,950 tons, at the $47.78 per ton cost equates to a projected cost of
$379,800.
Financial Impact:
Funds for the purchase order are available in the Refuse Division budget. Account 527-
412-5179; $145,800 and account 527-413-5179; $234,000.
Recommendation:
Adopt resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL EXEMPTING THE
3 ACQUISITION OF SERVICES FROM THE REQUIREMENT OF OBTAINING
4 REQUESTS FOR PROPOSALS AS REQUIRED BY THE SAN BERNARINO
MUNICIPAL CODE, AND APPROVING A VENDOR SERVICES AGREEMENT AND
PURCHASE ORDER TO INLAND REGIONAL RECOVERY FACILITY.
RESOLUTION NO.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
That the acquisition of services described below is hereby
9 exempted from the requirement of the San Bernardino Municipal Code requiring
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Requests for Proposals pursuant to Section 3.04.010, subdivision B.3, authorizing the
acquisition of purchases approved by the Mayor and Common Council. Inland
Regional Material Recovery Facility provides solid waste transfer within a reasonable
driving distance to the City's operation. Pursuant to this determination, the Mayor is
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e 15 hereby authorized to execute a Vendor Services Agreement and the Purchasing
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16 Manager is hereby authorized to issue a Purchase Order, with three single year
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renewal options to Inland Regional Material Recovery Facility for a total amount not to
exceed $379,800.00.
SECTION 2. Purchase Order No.
shall reference this Resolution No.
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2006-_ and shall be amended to read, "Purchase Order No. _, not to exceed
22 $379,800.00 and shall incorporate the terms and conditions of this Resolution."
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SECTION 3. The authorization to execute the above referenced Purchase
Order is rescinded if not issued within sixty (60) days of the passage of this
25 Resolution.
26 III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL EXEMPTING THE
2 ACQUISITION OF SERVICES FROM THE REQUIREMENT OF OBTAINING
REQUESTS FOR PROPOSALS AS REQUIRED BY THE SAN BERNARINO
3 MUNICIPAL CODE, AND APPROVING A VENDOR SERVICES AGREEMENT AND
4 PURCHASE ORDER TO INLAND REGIONAL RECOVERY FACILITY.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2006, by the
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following vote, to wit:
Council Members:
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AYES
ABSTAIN ABSENT
NAYS
ESTRADA
12 BAXTER
13 VACANT
14 DERRY
e 15 KELLEY
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18 MCCAMMACK
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JOHNSON
Rachel G. Clark, City Clerk
hereby approved this
day of
The foregoing resolution is
,2006.
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25 ~,::\)~d a: to Form: \ ) t
26 BY:~~~~L~
27 James F. Penman
City Attorney
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
Tbis Vendor Service Agreement is entered into this _ day of
200 _, by and between Inland Rcgional Matcrial Recovcry Facility ("VEDNOR") 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 best interest of the CITY to acquire waste transfer services; and
WHEREAS, the City of San Bcmardino will use a scleet sourcc process in licu of
proposals and bids due to the VENDOR location and operational benefits; and
NOW, THEREFORE, the parties hereto agree as follows:
1.
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide waste transfer services and incorporated herein by this reference.
2.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an
invoice, shall pay the VENDOR the amount of$379,800 for annual waste transfer services
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year (s) with three single year
rcncwal options.
This Agreement may be terminated at any time by thirty (30) days written notice by
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.
4.
INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
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
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shaH be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shaH require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shaH not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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7. INDEPENDENT CONTRACTOR.
VHmOR 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 secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain 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 legally required of VENTI OR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Inland Regional Material Recovery Facility
TO THE VENDOR:
2059 E. Steel Road
Colton, C A 92324
10. ATTORNEYS' FEES
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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 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
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
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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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.
15.
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.
16.
ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
VENP6R}
By: \//L ,
Dated: /0{ I q/0 (I' 200t:-
t, - C.,j.{"O..H.. .
/,'1 '" ^',rt..c~
Its:
,200_
CITY OF SAN BERNARDINO
20 Dated
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By:
Patrick J. Morris, Mayor
Approved as to Form:
JAMES F. PENMAN,
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By. ku...\~ C~(~
James F. Penman, City Attorney