HomeMy WebLinkAbout33-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
'+•.~- From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an Agreement and increase
Dept: Public Services to an Annual Purchase Order to Kaman
Industrial Technologies for Gates hoses,
Date March 25, 2008 hydraulic fittings and bearings for the
City's heavy equipment fleet.
Meeting Date: April 7, 2008
Synopsis of Previous Council Action:
Reso 2000-242 August 7, 2000 Annual PO with 2 single renewal options
Reso 2003-149 July 7, 2003 Annual PO with 4 single renewal options
Recommended Motion:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 07/08 Fleet, Street Sweeping,
and IWM Division budgets as discussed in this staff report to reflect the additional
$5,000 in Materials & Supplies costs.
,.-.
Sigh ure
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report,
Resolution, Agreement. Ward: All
FUNDING REQUIREMENTS:
Amount: $5,000
Source: 635-341-5111
Materials & Supplies
Finance:
Council Notes:
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Agenda Item No.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an Agreement and increase to an Annual Purchase
Order to Kaman Industrial Technologies for Gates hoses, hydraulic fittings and bearings for
the City's heavy equipment fleet.
Background:
Kaman Industrial Technologies was the successful bidder for Bid No. F-04-06 on July 7,
2003, and was awarded an Annual Purchase Order, with four single year renewal options,
in the amount of $25,000 for FY 2003/2004. The Public Services Department, Fleet
Division staff is requesting an increase of $5,000 to the purchase order, for a total amount
not to exceed $30,000 for the remainder FY 2007/2008. The requested increase is needed
due to the addition of (8) eight Refuse trucks, three (3) Street Sweepers and increased
usage of the already aging Refuse trucks and Street Sweepers (twice a month sweeping) as
well as compliance with the CHP mandated BIT program. These factors have contributed
to the purchase order funds being depleted.
Kaman Industrial Technologies was the lowest responsive bidder in 2003, and is a Gates
product distributor. Gates is a product manufacturer for hydraulic specialized equipment.
The Fleet Division, through extensive experience with hydraulic hose fabrication and repair,
has selected Gates products due to their long maintenance Iffe and low cost. The City fleet
has been standardized to use these Gates fittings. All refuse trucks, back hoes, aerial lifts,
and specialized equipment are equipped with numerous high pressured Gates hydraulic
hoses and fittings.
Financial Impact:
A budget amendment of $5,000 increasing Fleet's materials & supplies account (635-341-
5111) is requested. Because the Fleet Fund operates as an "internal service fund" all of
Fleet's expenditures are charged back to city departments based on related usage. These
charges will ukimately be charged back to the IWM Division, as they are directly related to
the operation, so the IWM Division and Street Sweeping budgets will also be amended
accordingly.
Recommendation:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 07/08 Fleet, Street Sweeping, and
IWM Division budgets as discussed in this staff report to reflect the additional $5,000
in Materials & Supplies costs.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER TO KAMAN INDUSTRIAL
TECHNOLOGIES FOR GATES HOSES, HYDRAULIC FITTINGS AND BEARINGS
4 FOR THE CITY'S HEAVY EQUIPMENT FLEET TO BE UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT FLEET DIVISION.
g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. 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 Kaman Industrial Technologies, which is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. This purchase is exempt from the formal contract procedures of
13
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
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Code "Purchases approved by the Mayor and Common Council".
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16 SECTION 3. That Kaman Industrial Technologies provides Gates hoses,
17 hydraulic fittings and bearings to be utilized by the Public Services Department Fleet
18 Division. Pursuant to this determination, the Purchasing Manager is hereby
19 authorized to issue an increase of $5,000 to the annual purchase order, for a total
20 amount not to exceed $30,000 for the remainder of Fiscal Year 2007/2008.
21
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
22
~ and shall read, "Kaman Industrial Technologies for Gates hoses, hydraulic fittings and
24 bearings, P.O. not to exceed $30,000.00" and shall incorporate the terms and
25 conditions of the Agreement. , ,
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March 25, 2008
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER TO KAMAN INDUSTRIAL
TECHNOLOGIES FOR GATES HOSES, HYDRAULIC FITTINGS AND BEARINGS
3 FOR THE CITY'S HEAVY EQUIPMENT FLEET TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT FLEET DIVISION.
4
5 SECTION 5. The authorization to execute the above referenced Purchase
6 Order and agreement is rescinded ff not issued within sixty (60) days of the passage of
7 this resolution.
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March 25, 2008
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER TO KAMAN INDUSTRIAL
3 TECHNOLOGIES FOR GATES HOSES, HYDRAULIC FITTINGS AND BEARINGS
FOR THE CITY'S HEAVY EQUIPMENT FLEET TO BE UTILIZED BY THE PUBLIC
4 SERVICES DEPARTMENT FLEET 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
8 meeting thereof, held on the day of 2008, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 gRINKER
14
DERRY
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
2008.
22
~ Patrick J. Morris, Mayor
~ City of San Bernardino
~ Ap oved as to form:
26 ~' Peww'~
~^- 27 es F. Penman
~,~, i Attorney
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March 25, 2008
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7`~ day of April 2008, by and
3 between Kaman Industrial Technologies ("VENDOR") and the City of San Bemardino
4
("CITY" or "San Bernazdino").
5
6 R'ITNESSETH:
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
$ and in the best interest of the CITY to contract for Gates hoses, hydraulic fittings and
9 bearings to be utilized by the Public Services Department, Fleet Division; and
10 WHEREAS, the City of San Bemardino did solicit and accept bids from a number of
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vendors for Gates hoses, hydraulic fittings and bearings.
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13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
15 a. For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide Gates hoses, hydraulic fittings and bearings per bid
17 specification RFQ F-04-06.
1$ 2. COMPENSATION AND EXPENSES.
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b. For the services delineated above, the CITY, upon presentation of an invoice, shall
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21 pay the VENDOR, up to the amount of $30,000.00 for Gates hoses, hydraulic
~ fittings and bearings.
23 c. No other expenditures made by VENDOR shall be reimbursed by CITY.
~ 3. TERM.
~ The term of this Agreement shall be for a period of one year. This Agreement may bg
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terminated at any time by thirty (30) days' written notice by either party. The terms of this
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1 Agreement shall remain in force unless mutually amended. The duration of this Agreement
2 may be extended with the written consent of both parties.
3
4. INDEMNITY.
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CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
5
6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
7 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
8 under the Agreement.
9 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
10 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
it
VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
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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 claim, action, loss, or damage which results from their respective obligations under the
16 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
17 comparative fault.
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5. INSURANCE.
19
While not restricting or limiting the foregoing, during the term of this Agreement,
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21 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
23 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 q#'
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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1 6. NON-DISCRIMINATION.
2 In the performance of this Agreement and in the hiring and recruitment of employees,
3
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
4
5 discrimination in employment of persons because of their race, religion, color, national origin,
6 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
~ sexual orientation, or any other status protected by law, except as permitted pursuant to Section
8 12940 of the California Government Code.
9 7. INDEPENDENT CONTRACTOR.
10 VENDOR shall perforni work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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13 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
14 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
15 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
16 employees, and all business licenses, if any are required, in connection with the services to be
17 performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
19
~ VENDOR warrants that it possesses or shalt obtain, and maintain a business registration
21 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
~ qualifications, insurance and approval of whatever nature that are legally required of VENDOR
23 to practice its business or profession.
~ 9. NOTICES.
~ Any notices to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service, postage prepaid and addressed as follows:
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1 TO THE CITY: Public Services Director
2 300 North "D" Street
San Bemazdino, CA 92418
3 Telephone: (909) 384-5140
4 TO THE VENDOR: Kaman Industrial Technologies
2283 LaCrosse Ave.
5 Colton, CA 92324
6 Telephone: (909) 824-3390
Attn: Bob Morrison
7
10. ATTORNEYS' FEES.
8
9 In the event that litigation is brought by any party in connection with this Agreement,
10 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
11 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
12 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
13 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
14 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
15
fees" for the purposes of this paragraph.
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17 11. ASSIGNMENT.
18 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
19 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
20 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
21 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
23
of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
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~ hereunder for the term of this Agreement.
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0? IS;OS
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
6 Riverside Division. The aforementioned choice of venue is intended by the parties to be
~ mandatory and not permissive in nature.
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
' 13 Agreement and their respective heirs, representatives, successors, and assigns.
i~^ 14 15. HEADINGS.
~r !5 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.
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16. ENTIRE AGREEMENT; MODIFICATION.
19
This Agreement constitutes the entire agreement and the understanding between the
20
21 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
23 executed by all parties to this Agreement.
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ns is,os
1 VENDOR SERVICE AGREEMENT
2 KAMAN INDUSTRIAL TECHNOLOGIES
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: , X008 VENDOR
6 By:
7 Its:
8
Dated , 2008 CITY OF SAN BERNARDINO
9
10 By'
Fred Wilson, City Manager
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12 Approved as to Form:
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15 J es F. Penman, City Attorney
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