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HomeMy WebLinkAbout24-Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and an increase to Annual Purchase Order 207425 in the amount of $112,526.00 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services throughout the City of San Bernardino. Department: Public Services Date: February 9, 2007 Meeting Date: February 20, 2007 Synopsis of Previous Council Action: June 6, 2005 Reso.2005-142 September 6, Reso.2005-303 Annual PO Recommended Motion: Adopt Resolution Signature Contact Person: Ken Fischer, Director Phone: 5140 Supporting Data Attached: Staff Report Ward: All Agreement, Resolution FUNDING REQUIREMENTS: Amount: $112,526.00 Source: FY 06-07 Account Number 527-412- 5112 Small Tools and Equipment Finance: Council Notes: l�lEso 20x7-.SS' Agenda 14ni No. CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: A resolution authorizing the execution of an agreement and an a increase to Annual Purchase Order 207425 in the amount of $112,526.00 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services throughout the City of San Bernardino. Background: The City of San Bernardino, Public Services Department, Refuse Division services approximately 40,000 residential customers through an automated collection system. The City has over 100,000 automated refuse carts that require service on a weekly basis. Automated refuse carts need to be replaced at certain intervals in the life cycle due to wear and tear, incidental damage, negligence and theft. Rehrig Pacific Company of Los Angeles, California manufactures residential containers that weigh no less than thirty-four (34) lbs. with one-hundred, seventy (170) inches in width, which have a longer life-span. With the additional growth in new housing developments, new containers and replacements will be necessary to serve our residents. Each cart costs approximately $38.50. Currently, the Public Services Department, Refuse Division has a purchase order with Rehrig Pacific Company in the amount of $125,000.00. The Department is requesting an increase to Purchase Order Number 207425 in the amount of $112,526.00 to Rehrig Pacific Company for a total not to exceed $237,526.00. This will allow the purchase of approximately 3,000 new automated carts. Financial Impact: Funding for this purchase is contained in the Refuse Division FY 06/07 budget, Account Number 527-412-5112 Small Tools and Equipment in the amount of $112,525.95. Recommendation: Adopt resolution. 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND AN INCREASE TO ANNUAL PURCHASE ORDER NUMBER 207425 IN THE 4 AMOUNT OF $112,526.00 TO REHRIG PACIFIC COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES THROUGHOUT 5 THE CITY OF SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to 9 execute on behalf of said City an Agreement between the City of San Bernardino and 10 Rehrig Pacific Company, a copy of which is attached hereto, marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. That Rehrig Pacific Company furnished automated carts for 13 14 residential refuse service; pursuant to this determination the Purchasing Manager is 15 hereby authorized to increase Purchase Order Number 207425 by $112,526.00 for a 16 total amount not to exceed $237,526.00. 17 SECTION 3. The Purchase Order shall reference this Resolution No. 2004-297 18 and shall read, "P.O. Number 207425, Rehrig Pacific Company, Automated 19 Residential Refuse Carts," not to exceed $237,526.00 and shall incorporate the terms 20 and conditions of this Resolution. 21 22 SECTION 4. The Agreement shall reference this Resolution No. 2007 23 and shall read, "Rehrig Pacific Company for the purchase of automated carts for 24 residential refuse services throughout the City of San Bernardino. Agreement not to 25 exceed $112,526.00" and shall incorporate the terms and conditions of the agreement. 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 AN INCREASE TO ANNUAL PURCHASE ORDER NUMBER 207425 IN THE 3 AMOUNT OF $112,526.00 TO REHRIG PACIFIC COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES THROUGHOUT 4 THE CITY OF SAN BERNARDINO. 5 SECTIONS. The authorization to execute the above referenced Purchase 6 Order and Agreement is rescinded if not issued within sixty (60) days of the passage 7 of this Resolution. 8 9 10 11 12 13 14 15 16 17 18 111 19 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 AN INCREASE TO ANNUAL PURCHASE ORDER NUMBER 207425 IN THE 3 AMOUNT OF $112,526.00 TO REHRIG PACIFIC COMPANY FOR THE PURCHASE OF AUTOMATED CARTS FOR RESIDENTIAL REFUSE SERVICES THROUGHOUT 4 THE CITY OF SAN BERNARDINO. 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2007, by the 8 following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 18 MCCAMMACK 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 , 2007. 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to Form: 26 By: G --- 27 AMES F. PENMAN ity Attorney 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 2007, by and between Rehrig Pacific 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 best interest of the CITY to contract and authorize an increase to Annual Purchase Order Number 207425 in the amount of$112,526.00 for the purchase of automated carts for residential refuse services; and WHEREAS, the City of San Bernardino did solicit and did accept proposals and bids from a number of vendors for the purchase of automated carts for residential refuse services. 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 those products and services as set forth in this agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $112,526.00 for automated carts for residential refuse service. 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. 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 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 shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall 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 shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 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 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 VENDOR to practice its business or profession. HI 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 TO THE VENDOR: Rehrig Pacific CO. 4010 E. 26`h Street Los Angeles, CA 90023 Telephone: (310) 4158787 10. 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 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. 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. Dated: , 2007 VENDOR. By: Its: Dated , 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: J F. Penman, City Attorney • Exhibit "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of February 2007, by and between Rehrig Pacific 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 best interest of the CITY to contract and authorize an increase to Annual Purchase Order Number 207425 in the amount of S 112,526.00 for the purchase of automated carts for residential refuse services; and WHEREAS, the City of San Bernardino did solicit and did accept proposals and bids from a number of vendors for the purchase of automated carts for residential refuse services. 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 those products and services as set forth in this agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of 5112,526.00 for automated carts for residential refuse service. 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. 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 N,�ith the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 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, d VENDOR shall maintain in effect policies of comprehensive public, general and automobile i 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 shall be set forth as an k additional named insured in each policy of insurance provided hereunder. The Certificate of w Insurance furnished to the CITY shall 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 shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 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 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 VENDOR 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 TO THE VENDOR: Rehrig Pacific CO. 4010 E. 26`h Street Los Angeles, CA 90023 Telephone: (310) 4158787 10. 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 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 I 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. - r 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. This Agreement shall be binding on and inure to the benefit of the parties to this i 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 understandin g between the parties, and supersedes any prior agreements and g J understandings relating to the subject manner g 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. Dated: , 2007 VENDOR. By: Its: Dated 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: James F. Penman, City Attorney I . r CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management(RIM) Program DATE: February 23, 2007 TO: Ken Fischer,Director Public Services Department Q� FROM: Linda Sutherland Deputy Y De City Clerk .s"' YC RE: Transmitting Documents for Signature—Resolution 2007-59 At the Mayor and Common Council meeting of February 20, 2007, the City of San Bernardino adopted Resolution No. 2007-59 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and an increase to annual purchase Order Number 207425 in the amount of $112,52600 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services throughout the City of San Bernardino. Attached are one (1) original "Vendor Service Agreement" between "Rehrig Pacific Company" and the City of San Bernardino and two (2) duplicate originals of the agreement to be executed by the parties. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to Margaret Fedor. Please retain one (1) duplicate original of each agreement for your records and forward one (1) duplicate original to the appropriate party. Please be advised that the agreement will be null and void if not executed within sixty (60) days, or by Monday, April 23, 2007. If you have any questions, please do not hesitate to contact Margaret Fedor at ext. 3206. Thank you. I hereby ackn 1 dge receip of,the above mentioned documents. Sign Please sign and return LS/mf