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HomeMy WebLinkAbout26-Public Services 1 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION • From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and Dept: Public Services issuance of a purchase order to Ironman Parts & Services pursuant to section Date: August 31, 2007 3.04.010-B3 of the Municipal Code, for seven Diesel Particulate Filters to be installed on seven refuse trucks, per the California Air Resources Board (GARB) regulations. Meeting Date: September 17, 2007 Synopsis of Previous Council Action Sept. 7,2004 Reso 2004=281 Filter systems for 8 Refuse trucks July 18, 2005 Reso 2005-252 Filter systems for 18 Refuse trucks June 19, 2006 Reso 2006-184 Filter systems for 16 Refuse trucks Recommended Motion: Adopt Resolution Authorize the Director of Finance to amend the FY 07!08 Fleet budget to appropriate $100,800.00 into 635-341-5173, Outside Vehicle Maintenance and to a the corresponding adjustments in the Refuse Fund. ature Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quote, Resolution, Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $100,765.88 Source: 635-341-5173 Outside Vehicle Maintenance Finance: Council Notes: D7 Agenda Item No. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order to Ironman Parts & Services of Corona pursuant to section 3.04.010-63 of the Municipal Code, for seven Diesel Particulate Filters to be installed on seven refuse trucks, per the California Air Resources Board (GARB) regulations. Background: On July 20, 2004 the California Air Resources Board "GARB" adopted "Diesel Particulate Matter Control Measures" for on-road heavy duty diesel fueled residential and commercial solid waste collection vehicles. Article 4 of the California Code of Regulations requires 100% percent of 1988 to 2002 engine models be fitted with the "best available control technology" by December 31, 2007. The City of San Bernardino must install particulate traps on seven additional refuse trucks to meet the quota of 100% percent and the deadline of December 31, 2007. Fleet staff has negotiated with Ironman Parts & Services of Corona for the purchase and installation of the seven devices. Ironman Parts & Services is the same vendor that has supplied and installed forty-two (42) devices on the City Refuse trucks over the last three years. There are no local vendors certified for purchase or installation of the required equipment. It is recommended that a purchase order be issued for a total amount of $100,800.00 to Ironman Parts & Services. Financial Impact: Based on estimates used in the FY 07/08 budget the Refuse Fund is anticipated to have about $500,000.00 in the undesignated Refuse Fund Balance. It is staffs recommendation to use $100,800.00 of these funds to pay for the seven Diesel Particulate Filters. A budget amendment is needed to appropriate the funds in the Fleet budget and do a corresponding increase to the Refuse Fleet charge backs to have the Refuse Fund pay for the full cost of these items. Motion #1: Adopt Resolution Motion #2: Authorize the Director of Finance to amend the FY 07/08 Refuse budget to appropriate $100,800.00 into 635-341-5173, Outside Vehicle Maintenance and make the corresponding adjustments in the Refuse Fund. Recommendation: Adopt resolution. 1 RESOLUTION NO. 2 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS 8~ SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-63 OF THE MUNICIPAL CODE, 4 FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (GARB) 5 REGULATIONS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Agreement between the City of San 10 Bernardino and Ironman Parts & Services, a copy of which is attached hereto, marked 11 Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 12 13 SECTION 2. That this purchase is exempt from the formal contract procedures 14 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 15 Code "Purchases approved by the Mayor and Common Council". 16 SECTION 3. That Ironman Parts & Services has offered a negotiated price of 17 $100,765.88 for the purchase and installation of seven (7) GARB approved Filters. 18 Pursuant to this determination the Purchasing Manager is hereby authorized to issue a 19 20 purchase order to Ironman Parts & Services in the amount of $100,765.88 21 SECTION 4. That the Purchase Order shall reference this Resolution No. ~ 2007- and shall read, "purchase and installation of seven (7) GARB approved 23 Diesel Particulate Filters, P.O. No. not to exceed $100,765.88" and shall 24 incorporate the terms and conditions of the Agreement. 25 26 27 28 August 24, 2007 . 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE, 3 FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (GARB) 4 REGULATIONS. 5 SECTION 5. The authorization to execute the above-referenced Agreement G is rescinded if it is not executed within sixty (60) days of the passage of this 7 resolution. 8 9 111 10 111 11 111 12 /// 13 111 14 111 15 111 16 17 111 18 111 19 111 20 111 21 /ll 22 111 23 ~ Ill ~ 111 26 111 27 /ll 28 August 24, 2007 • 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER TO IRONMAN PARTS & SERVICES OF CORONA PURSUANT TO SECTION 3.04.010-63 OF THE MUNICIPAL CODE, 3 FOR SEVEN DIESEL PARTICULATE FILTERS TO BE INSTALLED ON SEVEN REFUSE TRUCKS, PER THE CALIFORNIA AIR RESOURCES BOARD (GARB) 4 REGULATIONS. 5 I 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 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER • 14 DERRY 15 KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 Rachel G. Clark, City Clerk 20 ~ 21 The foregoing resolution is hereby approved this day of 2007. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino ~ Ap roved as topForm: 26 ~ ~ G J mes F. Penman, City Attorney . 27 28 August 24, 2007 1 VENDOR SERVICE AGREEMENT • 2 This Vendor Service Agreement is entered into this 17th day of September $ 2007, by and between Ironman Parts & Services ("VENDOR") and the City of San Bernazdino 4 ("CITY" or "San Bernazdino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to contract for the purchase and installation of seven 8 9 (7) CARB approved Diesel Particulate Filters; and 10 WHEREAS, the City of San Bernardino did solicit and receive quotes from available vendors 11 for the purchase and installation of seven (7) CARB approved Diesel Pazticulate 12 Filters. 13 NOW, THEREFORE, the parties hereto agree as follows: . 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated, San Bernazdino hereby engages the services of 16 VENDOR to provide those products and services as set forth in this agreement. 17 2. COMPENSATION AND EXPENSES. 18 For the services delineated above, the CITY, upon presentation of an invoice, shall pay the 19 20 VENDOR up to the total amount of $100,765.88 for the purchase and installation of seven (7) 21 CARB approved Diesel Particulate Filters. ~ 3. TERM; SEVERABILITY. 23 The term of this Agreement shall be for a period of one year. 24 25 26 27 28 1 This Agreement may be terminated at any time by thirty (30) days written notice by 2 either party. The terms of this Agreement shall remain in force unless mutually amended. The 3 duration of this Agreement may be extended with the written consent of both parties. 4 4. INDEMNITY. 5 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 7 8 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 9 under the Agreement. 10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 11 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 12 VENDOR'S negligent acts or omissions arising from the VENDOR's performance of its 13 obligations under the Agreement. . 14 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 15 16 claim, action, loss, or damage arising from the performance of their respective obligations 17 under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 18 comparative fault. 19 5. INSURANCE. 20 While not restricting or limiting the forgoing, during the term of this Agreement, 21 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 22 ~ 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 26 additional named insured in each policy of insurance provided hereunder. The Certificate of 27 28 1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 2 termination in the policy. 3 6. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 discrimination in employment of persons because of their race, religion, color, national origin, 7 $ ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 10 12940 of the California Government Code. 11 7. INDEPENDENT CONTRACTOR. 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 13 purposes VENDOR shall be an independent contractor and not an agent or employee of the 14 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 15 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 1$ employees, and all business licenses, if any are required, in connection with the services to be 19 performed hereunder. 20 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 22 ~ 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 ~r to practice its business or profession. 26 27 iu 28 1 9. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North "D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Ironman Parts & Services 8 2535 Anselmo Dr. Corona, CA 92879 9 Telephone: (800) 247-8540 Attn: Monica George 10 10. ATTORNEYS' FEES ii In the event that litigation is brought by any party in connection with this Agreement, 12 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 13 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 14 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 15 16 Provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in connection with that litigation shall be considered as "attorneys' fees" for the purposes 18 of this paragraph. 19 11. ASSIGNMENT. 20 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 21 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 ~r Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 26 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR 27 hereunder for the term of this Agreement. 28 1 12. VENUE. 2 The parties hereto agree that all actions or proceedings arising in connection with this 3 Agreement shall be tried and litigated either in the State courts located in the County of San 4 Bernazdino, State of California or the U.S. District Court for the Central District of California, 5 Riverside Division. The aforementioned choice of venue is intended by the parties to be 6 mandatory and not permissive in nature. 7 13. GOVERNING LAW. 8 9 This Agreement shall be governed by the laws of the State of California. 10 14. SUCCESSORS AND ASSIGNS. 11 This Agreement shall be binding on and inure to the benefit of the parties to this 12 Agreement and their respective heirs, representatives, successors, and assigns. 13 15. HEADINGS. 14 The subject headings of the sections of this Agreement are included for the purposes of 15 16 convenience only and shall not affect the construction or the interpretation of any of its 17 provisions. 1g 16. ENTIRE AGREEMENT; MODIFICATION. 19 This Agreement constitutes the entire agreement and the understanding between the 20 parties, and supercedes any prior agreements and understandings relating to the subject manner 21 of this Agreement. This Agreement may be modified or amended only by a written instrument 22 executed by all parties to this Agreement. 23 ~ /// ~r /// 26 • 27 p~ 28 1 VENDOR SERVICE AGREEMENT • 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 4 and date set forth below. 5 Dated: , 2007 VENDOR 6 By: 7 Its: 8 9 Dated , 2007 CITY OF SAN BERNARDINO 10 By: 11 Fred Wilson, City Manager 12 13 Approved as to Form: 14 16 Jam ~ Penman, City Attorney 17 18 19 20 21 22 23 24 25 26 27 28 - - _ Quote / 14437 PARTS & SERVICES' Customer City of San Bemardino Misc Name George Newlin Date 8/142007 Address 182 South Sierra Order No. City San Bemardino State Ca ZIP 92408 Rep Monica Geor e Phone 909 384-5220 FOB Email newlin a sbcit .or Descri ion Unit Price TOTAL 7 Cleaire Horizon M Electrical Regenerated DPF 510,950.00 $ 76,650.00 Truck S 0500, 0189, 0190, 0192, 0195, 0198, 0'155 7 Installation of above $ 1,950.00 S 13,650.00 7 Misc. installation parts, hardware Vertical Mount $ 600.00 S 4,200.00 or Misc. installation parts, hardware -Horizontal Mount $ 1,200.00 • The Fbr¢on's electrical tlarrrarM is 28IX1 watls. voMaye requirarrent 209«i• s wtls (under wad) a~ay~pissa AC a eo hR Ciwtl breaker: z0 amp par phg Each Flor¢on connected aimulhneousy requires ib own electrical outlet. The connector pWp is wppltsd, are cord m the outlet b CUStornera responsibNily. Alt ether aMc6rca1 is part dlhe Fior2on system and crorrtained on Ure whips. This quote does rrot ira•Aude arty ebetrical wiring at customer si0e. SubTotal $ 94 500.00 Shipping Payment Other Tax Rate(s) 7.75% $ 6,265.88 I Comments Net 30 on Approved Credit TOTAL $ 100,765.86 Office Use Only Equipment must be evadable on the date and time of appointment or adddrional charges avAappJy. Lead time to be determined after receipt of purchase order Thank you for you 6me and consideration, we look forward to the opporfuraty to be of service.