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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date: March 12, 20.0.7
Subject: Resolution authorizing the
execution of an agreement and increase
a purchase order in the amount of
$22,0.0.0..00. between the City of San
Bernardino and Inland Presort and
Mailing Services pursuant to Section
3.04.0.10. B-3 of the Municipal Code for
refuse billing processing services
utilized by the Public Services
Department, Refuse Division.
Meeting Date: April 2, 20.0.7 -
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution
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Signature
Contact person: Ken Fischer, Director
Supporting data attached: Staff Report
Resolution, Agreement,
FUNDING REQUIREMENTS:
Council Notes:
Phone: . 5140.
Ward: All
Amount: $22,0.0.0..0.0.
Source: FY 0.6-0.7
Account Number 527-411-
5181
Other Operating Expenses
Finance:
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the execution of an agreement and increase a purchase order
in the amount of $22,000.00 between the City of San Bernardino and Inland Presort and
Mailing Services pursuant to Section 3.04.010 B-3 of the Municipal Code for refuse
billing processing services utilized by the Public Services Department, Refuse Division.
Background:
The City of San Bernardino, Public Services Department, Refuse Division utilizes Inland
Presort and Mailing Services for the collection and distribution of approximately ninety-
five hundred (9,500) pieces of refuse billing information mail per month. Inland Presort
and Mailing Services, collects our statements, folds them, inserts them into envelopes
and delivers them to the post office for us. Currently, the billing invoice information has
to be printed in-house.
The Public Services Department has a purchase order with Inland Presort and Mailing
Services in the amount of $24,900.00, which has been exhausted at this time. The
Department is requesting an increase to Purchase Order Number 207391 in the amount
of $22,000.00 to Inland Presort and Mailing Services for a total not to exceed
$46,900.00. This will allow billing processing services for the remainder of the FY 06-
07. The Department will be seeking proposals for bill printing and mailing services for
FY 07-08 in an effort to reduce overall bill printing and mailing costs.
Financial Impact:
Funding for this purchase is contained in the Refuse Division FY 06/07 budget, Account
Number 527-411-5181 Other Operating Expenses in the amount of $22,000.00.
Recommendation:
Adopt resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
4 INCREASE A PURCHASE ORDER IN THE AMOUNT OF $22,000.00 BETWEEN
THE CITY OF SAN BERNARDINO AND INLAND PRESORT AND MAILING
5 SERVICES PURSUANT TO 3.04.010 B.3. FOR REFUSE BILLING PROCESSING
SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, REFUSE
6 DIVISION.
RESOLUTION NO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
10 execute on behalf of said City an Agreement between the City of San Bernardino and
11
Inland Presort and Mailing Services, a copy of which is attached hereto, marked
12
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. This purchase is exempt from the formal contract procedures of
15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
16 Code.
17 SECTION 3. The Purchasing Manager is hereby authorized to increase
18 Purchase Order Number 207391 to Inland Presort and Mailing Services in the amount
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of $22,000.00.
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SECTION 4.
The Purchase order shall reference this Resolution No.
2007
and shall read, "Inland Presort and Mailing Services for refuse billing
23 processing services utilized by the Public Services Departl1)ent, Refuse Division."
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i/J-j07
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE A PURCHASE ORDER IN THE AMOUNT OF $22,000.00 BETWEEN
THE CITY OF SAN BERNARDINO AND INLAND PRESORT AND MAILING
SERVICES PURSUANT TO 3.04.010 B.3. FOR REFUSE BILLING PROCESSING
SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, REFUSE
DIVISION.
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5
6
7 2007
SECTION 5.
The Agreement shall reference this Resolution No.
and shall read, "Inland Presort and Mailing Services for refuse billing
8 processing services utilized by the Public Services Department, Refuse Division.
9 Agreement not to exceed $22,000.00" and shall incorporate the terms and conditions'
10 of the agreement.
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Order and Agreement is rescinded if it is not issued within sixty (60) days of the
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SECTION 6. The authorization to execute the above referenced Purchase
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18 III
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III
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1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE A PURCHASE ORDER IN THE AMOUNT OF $22,000.00 BElWEEN
3 THE CITY OF SAN BERNARDINO AND INLAND PRESORT AND MAILING
4 SERVICES PURSUANT TO 3.04.010 B.3. FOR REFUSE BILLING PROCESSING
SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, REFUSE
5 DIVISION.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8
meeting thereof, held on the
9
day of
, 2007, by the
following vote, to wit:
10
Council Members:
11
12 ESTRADA
13 BAXTER
14 BRINKER
AYES
NAYS
ABSTAIN ABSENT
15 DERRY
16
17
18
19
KELLEY
JOHNSON
MCCAMMACK
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21
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
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26 Approved as to Form:
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of April
2007, by and between Inland Presort and Mailing Services ("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 for refuse billing processing services; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for refuse billing processing services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase 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 $22,000.00 for refuse billing processing
services.
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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.
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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.
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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.
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6.
NON-DISCRIMINA nON.
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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.
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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:
Inland Presort and Mailing Services
2025 W. Park Ave., Suite 7
Redlands, CA 92373
Telephone: (909) 307-1300
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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.
II. 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 ofthis 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.
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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
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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.
Dated
,2007
By:
Its:
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
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F. Penman, City Attorney