HomeMy WebLinkAbout39-Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an agreement and issuance of a
Date: September 11, 2007 purchase order in the amount of
$90,000.00 with two one-year
extensions at the City's option between
the City of San Bernardino and Peter
John Container Repair for commercial
bin repairs utilized by the Public
Services Department, Integrated Waste
Management Division.
Meeting Date: September 17, 2007
Synopsis of Previous Council Action:
8-20-2007 Item continued to 9-04-2007
9-04-2007 Item continued to 9-17-2007
Recommended Motion: �?
Adopt Resolution
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached-. Ward: All
Staff Report, Resolution, Bids,
Agreement
FUNDING REQUIREMENTS: Amount: $ 90,000.00
Source: FY 07-08
Account Number 527-413-
5502
Finance:
Co ncil Notes:
At
Agenda Item No.
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in the
amount of $90,000.00 with two, one-year extensions at the City's option between the
City of San Bernardino and Peter John Container Repair for commercial bin repairs
utilized by the Public Services Department, Integrated Waste Management Division.
BACKGROUND:
The Public Services Department, Integrated Waste Management Division, provides
commercial bin dumpster services to commercial customers throughout the City. Due
to the age of some of the bin dumpsters and damage from normal wear and tear, it is
essential to repair (weld) the bins when they get damaged. As part of the Division's on-
going bin repair program, the Department has budgeted for commercial bin repair. The
bin repair program is important because it extends the life of the bins.
Notices inviting quotes for commercial bin repair were previously sent to three (3)
qualified vendors. Peter John Container Repair was the lowest quote. The vendor, its
business location, and price quote are listed below.
Vendor Location Quote
Peter John Container Repair Mission Hills $75.00 per 3-yard bin
$60.00 hourly rates
A&D Welding San Bernardino $180.00 per 3-yard bin
$90.00 hourly rates
Powers Precision Welding Crestline $300.00 per 3-yard bin
$105.00 hourly rates
As you recall, at the August 20th Council meeting, two Public Services Equipment
Repair Workers and their union representative expressed concern regarding the award
of this contract and the impact that it may have on their jobs. In an effort to address
and respond to those concerns, staff met with the employees on two occasions. At the
second meeting, which I attended along with the Director of Human Resources, City
Manger's Office staff, the two employees, and their two union representatives, there
was discussion regarding the intent of this contract. At that meeting, it was explained
that the department is preparing to implement a program to refurbish all bins held by our
3234 business customers over the next three years. Current staff is able to refurbish 52
bins per month. In order to meet a three-year program completion deadline, we need to
retrieve, repair and replace 90 bins per month. The purpose of contracting with Peter
John Container Repair is to provide the temporary labor source to complete the bin
refurbishment program. Our existing employees will need to continue to work on bin
repairs in order for program goals to be met. It is not our intent to replace our existing
employees through this contract. Once all the bins have been refurbished, we can
terminate the contract. After the two meetings, everyone in attendance was in
agreement that this contract will not impact the primary duties of the two Equipment
Repair Workers which is bin repair.
Staff recommends that Peter John Container Repair be issued a purchase order in the
amount of$90,000.00 to make the necessary repairs to the commercial bins.
FINANCIAL IMPACT:
Funds for this purchase are available and have been budgeted in the FY 07-08 budget,
Account Number 527-413-5502 Professional/Contractual Services.
RECOMMENDATION:
Adopt resolution.
2
RESOLUTION NO. COPY
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF
3 $90,000.00 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
4 BETWEEN THE CITY OF SAN BERNARDINO AND PETER JOHN CONTAINER
REPAIR FOR COMMERCIAL BIN REPAIRS UTILIZED BY THE PUBLIC SERVICES
5 DEPARTMENT, INTEGRATED WASTE MANAGEMENT DIVISION.
6 NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That Peter John Container Repair submitted the lowest quote and
9 bid for commercial bin repairs; and
10 SECTION 2. That the City Manager is hereby authorized to execute on behalf
11 of said City a Vendor Services Agreement between the City of San Bernardino and
12 Peter John Container Repair, a copy of which is attached hereto, marked Exhibit A
13
14 and incorporated herein by reference as fully as though set forth at length; and
15 SECTION 3. That pursuant to this determination the Purchasing Manager is
16 hereby authorized to issue the purchase order to Peter John Container Repair for a
17 total amount of $90,000.00. The Purchase Order shall reference this Resolution No.
18 2007- , and shall read, "Peter John Container Repair for commercial bin repairs."
19 P.O. No. not to exceed $90,000.00 and shall incorporate the terms and
20
conditions of the purchase order; and
21
22 SECTION 4. The authorization to execute the above-referenced Agreement is
23 rescinded if it is not executed within sixty (60) days of the passage of this resolution.
24
25
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27 c1
28 � K�0 7
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF
2 $90,000.00 WITH TWO ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
BETWEEN THE CITY OF SAN BERNARDINO AND PETER JOHN CONTAINER
3 REPAIR FOR COMMERCIAL BIN REPAIRS UTILIZED BY THE PUBLIC SERVICES
4 DEPARTMENT, INTEGRATED WASTE MANAGEMENT DIVISION.
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: Aves Nays Abstain Absent
11 ESTRADA
12 BAXTER
13
BRINKER
14
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
City Clerk
21
The foregoing resolution is hereby approved this
22 day of 12007.
23
24
Patrick J. Morris, Mayor
25 City of San Bernardino
A proved as to form:
26
27
J mes F. Penman, City Attorney
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2
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 20th day of August
3 2007, by and between Peter John Container Repair ("VENDOR") and the City of San
4 Bernardino ("CITY" or"San Bernardino").
5
6 WITNESSETH:
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for commercial bin repair; and
9 WHEREAS,the City of San Bernardino did solicit and receive proposals and bids from
10
a number of vendors for commercial bin repairs.
11
12 NOW, THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF SERVICES.
14 For the remuneration stipulated, San Bernardino hereby engages the services of
15 VENDOR to provide those products and services for commercial bin repairs.
16 2. COMPENSATION AND EXPENSES.
17 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
18
19 pay the VENDOR $75.00 per 3-yard bin and $60.00 hourly rates up to the total
20 amount of$90,000.00 for commercial bin repairs.
21 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
22 3. TERM; SEVERABILITY.
23 The term of this Agreement shall be from August 20, 2007 through June 30, 2008 plus
24 two (2) single year renewals at the City's option.
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EXHIBIT "A"
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 claims, 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
15 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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
23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
24 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
25 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
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EXHIBIT "A"
i
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
7 discrimination in employment of persons because of their race, religion, color, national origin,
8 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
15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
18 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
22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
25 to practice its business or profession.
26
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EXHIBIT"A"
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: Peter John Container
P.O. Box 7263
8 Mission Hills, CA 91346
9 Telephone: (818) 399-4293
10 10. ATTORNEYS' FEES
11 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
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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
22
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
23
24 and shall constitute a breach of this Agreement and cause for the termination of this
25 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Apkk 26 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
27
hereunder for the term of this Agreement.
28
EXHIBIT"A"
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 Bernardino, 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
8 13. GOVERNING LAW.
9 This Agreement shall be governed by the laws of the State of California.
10 14. SUCCESSORS AND ASSIGNS.
i 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
15 The subject headings of the sections of this Agreement are included for the purposes of
16 convenience only and shall not affect the construction or the interpretation of any of its
17 provisions.
18 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
22 of this Agreement. This Agreement may be modified or amended only by a written instrument
23 executed by all parties to this Agreement.
24 HI
25 ///
26
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EXHIBIT"A"
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
2 and date set forth below.
3 Dated: , 2007 VENDOR.
4 By:
5 Its:
6
Dated , 2007 CITY OF SAN BERNARDINO
7
8 By:
Fred Wilson, City Manager
9
10 Approved as to Form:
11
12 By:
13 Ja a F. Penman, City Attorney
14
15
16
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EXHIBIT"A"
"fir.. - rrr.w.orrr+rorir.�
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 20th day of August
3 2007, by and between Peter John Container Repair ("VENDOR") and the City of San
4 Bernardino ("CITY" or"San Bernardino").
5
6 WITNESSETH:
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for commercial bin repair; and
9 WHEREAS,the City of San Bernardino did solicit and receive proposals and bids from
10
11 a number of vendors for commercial bin repairs.
12 NOW, THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF SERVICES.
14 For the remuneration stipulated, San Bernardino hereby engages the services of
15 VENDOR to provide those products and services for commercial bin repairs.
16 2. COMPENSATION AND EXPENSES.
17
18 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
19 pay the VENDOR $75.00 per 3-yard bin and $60.00 hourly rates up to the total
20 amount of$90,000.00 for commercial bin repairs.
21 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
22 3. TERM; SEVERABILITY.
23 The term of this Agreement shall be from August 20, 2007 through June 30, 2008 plus
24 two (2) single year renewals at the City's option.
25
26
27
28
This Agreement may be terminated at any time by thirty (30) days written notice by
1
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 claims, 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
23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
24 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
25 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
8 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.
I
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
15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
18 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
23 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
25 to practice its business or profession.
26
27
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: Peter John Container
P.O. Box 7263
8 Mission Hills, CA 91346
9 Telephone: (818) 399-4293
10 10. ATTORNEYS' FEES
11 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
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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
22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY'
25 g g s consent, no subletting or assignment shall release VENDOR
E
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 Bernardino, 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
8 13. GOVERNING LAW.
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
15 The subject headings of the sections of this Agreement are included for the purposes of
16 convenience only and shall not affect the construction or the interpretation of any of its
17 provisions.
18 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
22 of this Agreement. This Agreement may be modified or amended only by a written instrument
23 executed by all parties to this Agreement.
24
25
26
27
28
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
2 and date set forth below.
3 Dated: 52007 VENDOR.
4 By:
5 Its:
6
Dated , 2007 CITY OF SAN BERNARDINO
7
8 By:
Fred Wilson, City Manager
9
10 Approved as to Form:
11
12 By:
13 J e F. Penman, City Attorney
14
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