HomeMy WebLinkAbout35-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
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From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an Agreement and increase
Dept: Public Services to an Annual Purchase Order, to Haaker
Equipment Co. for Elgin sweeper parts
Date March 25, 2008 and Vactor sewer truck parts, to be
utilized by the Public Services
Department, Fleet Division.
Meeting Date: April 7, 2008
Synopsis of Previous Council Action
Recommended Motion:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 07/08 Fleet, Street Sweeping,
and Sewer Line Maintenance budgets as discussed in this staff report to reflect
the additional $10,100 in Materials & Supplies costs.
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Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report,
Resolution, Agreement. Ward: All
FUNDING REQUIREMENTS:
Amount: $10,100
Source: 635-341-5111
Materials 8 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, with three single year renewal options, to Haaker Equipment Co. for Elgin sweeper
parts and Vactor sewer truck parts, to be utilized by the Public Services Department, Fleet
Division.
Background:
Haaker Equipment Co. was awarded a sole source annual purchase order on July 1, 2007,
in the amount of $24,900 for FY 2007/2008. The Public Services Department, Fleet
Division staff is requesting an increase of $10,100 to the purchase order, for a total amount
not to exceed $35,000 for the remainder FY 2007/2008.
The requested increase is needed due to the addition of three (3) Street Sweepers and
doubling sweeping to twice a month. We added additional personnel to the sewer crew so
we can run the Vactor trucks more often. These factors have resulted in the increased
maintenance of the already aging Sewer trucks and Street Sweepers. We now need to
increase our purchase order amount so the City can make the repairs necessary to remain
f.- in compliance with the CHIP mandated BIT program.
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Haaker Equipment Co. is the only authorized dealer for Elgin sweepers and Vactor sewer
trucks in Southern California.
Financial Impact:
A budget amendment of $10,100 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 expendltures are charged back to city departments based on related usage. These
charges will ultimately be charged back to the Sewer Line Maintenance, and Street
Sweeping Divisions as they are directly related to the operations, so the Sewer Line
Maintenance 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
Sewer Line Maintenance budgets as discussed in this staff report to reflect the
additional $10,100 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, WITH THREE SINGLE YEAR
RENEWAL OPTIONS, TO HAAKER EQUIPMENT CO. FOR ELGIN SWEEPER
4 PARTS AND VACTOR SEWER TRUCK PARTS, TO BE UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT, FLEET DIVISION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager of the City of San Bemardino is hereby
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9 authorized to execute on behalf of said City an Agreement between the City of San
10 Bernardino and Haaker Equipment Co., which is attached hereto, marked Exhibit "A"
11 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. 6.3 of said
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Code "Purchases approved by the Mayor and Common Council".
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16 SECTION 3. That Haaker Equipment Co. provides Elgin sweeper parts and
17 Vactor sewer truck parts 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 $10,100 to the annual purchase order, to said
20 Haaker Equipment Co., for a total amount not to exceed $35,000 beginning in
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Fiscal Year 2007/2008.
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SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
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~ and shall read, "Haaker Equipment Co. for Elgin sweeper parts and Vactor sewer
~r truck parts, P.O. not to exceed $35,000.00" and shall incorporate the terms and
26 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, WITH THREE SINGLE YEAR
RENEWAL OPTIONS, TO HAAKER EQUIPMENT CO. FOR ELGIN SWEEPER
3 PARTS AND VACTOR SEWER TRUCK PARTS, TO BE UTILIZED BY THE PUBLIC
4 SERVICES DEPARTMENT, FLEET DIVISION.
5 SECTION 5. The authorization to execute the above referenced Purchase
g Order and agreement is rescinded if not issued within sixty (60) days of the passage of
7 this resolution.
8 111
9 111
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111
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12 111
13 111
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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, WITH THREE SINGLE YEAR
3 RENEWAL OPTIONS, TO HAAKER EQUIPMENT CO. FOR ELGIN SWEEPER
PARTS AND VACTOR SEWER TRUCK PARTS, TO BE UTILIZED BY THE PUBLIC
4 SERVICES DEPARTMENT, FLEET DIVISION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6
Mayor and Common Council of the City of San Bemardino at a
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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 BRINKER
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 Bemardino
~ Ap roved as to fo .
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27 a es F. Penman, City 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 Haaker Equipment Co. ("VENDOR") and the City of San Bernardino ("CITY" or
4 "San Bernardino").
5 WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to contract for Elgin sweeper and Vactor sewer truck parts
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9 to be utilized by the Public Services Department, Fleet Division;
10 NOW, THEREFORE, the parties hereto agree as follows:
11 1. SCOPE OF SERVICES.
12 a. For the remuneration stipulated, San Ben~ardino hereby engages the services of
13 VENDOR to provide Elgin sweeper and Vactor sewer truck parts.
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~''?^' 2. COMPENSATION AND EXPENSES.
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16 b. For the services delineated above, the CITY, upon presentation of an invoice, shall
17 pay the VENDOR up to the amount of $35,000.00 for Elgin sweeper and Vactor
1$ sewer truck parts.
19 c. No other expenditures made by VENDOR shall be reimbursed by CITY.
20 3. TERM.
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The term of this Agreement shall be for a period of 15 months, with two (2) one-year
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~ extensions at the City's option. Option yeaz one, if exercised, shall be effective July 1, 2009
24 through June 30, 2010. Option yeaz two, if exercised, shall be effective July 1, 2010 through
2r June 30, 201 i. Actual option year pricing shall be negotiated with the VENDOR prior to
26 exercising any given option yeaz.
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r~" 1 This Agreement may be terminated at any time by thirty (30) days' written notice by either
~'"" 2 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
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations
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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
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16 claim, action, loss, or damage which results from their respective obligations under the
17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
1g comparative fault.
19 5. INSURANCE.
20 While not restricting or limiting the foregoing, during the term of this Agreement,
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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~ worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
~r 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
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1 Insurance famished to the CITY shall require the insurer to notify CITY of any change or
2 termination in the policy.
$ 6. NON-DISCRIMINATION.
4 In the performance of this Agreement and in the hiring and recnritment of employees,
5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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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
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
1g 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.
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VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, pemrits,
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24 qualifications, insurance and approval of whatever nature that aze legally required of VENDOR
~r to practice its business or profession. .
26 9. NOTICES.
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1 Any notices to be given pursuant to this Agreement shall be deposited with the United
2 States Postal Service, postage prepaid and addressed as follows:
3
4 TO THE CITY: Public Services Director
5 300 North "D" Street
San Bemazdino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Haaker Equipment Company
2070 N. White Ave.
8 La Veme, CA 91750
9 Telephone: (909) 598-2706
Attn: Bill Haaker
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10. ATTORNEYS' FEES.
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12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
14 including reasonable attorneys' fees, incur-ed by the prevailing party in the exercise of any of
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
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
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20 I1. ASSIGNMENT.
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 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
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Agreement. Regazdless of CITY'S consent, no subletting or assignment shall release VENDOR
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1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
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Bemazdino, State of California or the U.S. District Court for the Central District of California,
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
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9 mandatory and not permissive in nature.
10 13. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California.
12 14. SUCCESSORS AND ASSIGNS.
13 This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs, representatives, successors, and assigns.
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16 15. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21
This Agreement constitutes the entire agreement and the understanding between the
22
~ 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 instnunent
~ executed by all parties to this Agreement. .
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0325/08
1 VENDOR SERVICE AGREEMENT
HAAKER EQUIPMENT COMPANY
2
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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and date set forth below.
4
5 Dated: , 2008 VENDOR
6 By:
7 Its:
8 Dated , 2008 CITY OF SAN BERNARDINO
9 By:
10 Fred Wilson, City Manager
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12 Approved as to Form:
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14 By_
J s F. Penman, City Attorney
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