HomeMy WebLinkAbout8205RESOLUTION NO 8205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING ANNUAL PURCHASE ORDERS FOR THE CITY'S FACILITIES
AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2021-22
WHEREAS, the Facilities and Community Services Department regularly purchases a
variety of supplies and services from to support City operations pursuant to bids for products and
services in accordance with the Redlands Municipal Code; and
WHEREAS, for fiscal year 2021/2022, to support City operations and in accordance with
the City's purchasing policy, the following sole/single source purchase order requests, cooperative
purchase orders, and agreements have been prepared for the City Council's consideration and are
attached hereto as Exhibits "A," "B," and "C," respectively;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows.
Section 1. The City Council hereby approves the sole/single source purchase order
requests for Fiscal Year 2021-22 with Amrep, Clean Energy Cryogenics, a subsidiary of Clean
Energy, Quaid Harley-Davidson, Ray Gaskin Service Inc., Rush Truck Centers c/o Interstate
Billing Services and San Bernardino County Landfill.
Section 2. The City Council hereby approves the intergovernmental/piggyback
(cooperative) purchase order with Superior Automotive Warehouse c/o Napa Auto Parts for the
supply of as -needed auto parts in an amount not to exceed $121,000
Section 3. The City Council hereby approves an agreement with Battery Worx for the
provision of vehicle battery supply and inventory in an amount not to exceed $25,283 50 for a
period of one year, with two additional one-year renewal options bringing the total to an amount
not to exceed $75,850 50
Section 4. The City Council hereby approves an agreement with Fire Apparatus
Solutions for the provision of fire fleet maintenance and repairs in an amount not to exceed
$270,850 50 for a period of one year, with two additional one-year renewal options bringing the
total to an amount not to exceed $812,551 50
Section 5. The City Council of the City of Redlands hereby determines that the
approval of the six (6) sole/single source purchase orders, one (1) cooperative purchase order, and
two (2) agreements are exempt from environmental review pursuant to Section 15301 of the state
Guidelines implementing the California Environmental Quality Act.
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ADOPTED, SIGNED AND APPROVED this 15t7 o June, 021
ATTEST
nne Donaldson, City Clerk
2
Paul T Banch, Mayor
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th
day of June, 2021
AYES Councilmembers Tejeda, Davis, Guzman -Lowry, Mayor Banch
NOES None
ABSENT Councilmember Foster
ABSTAINED None
.cam
anne Donaldson, City Clerk
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Exhibit "A"
Sole/Single Source Purchase Orders
Staff is requesting approval for the annual purchase orders for the following sole/single source
vendors for the not -to exceed amounts as described below
Original Equipment Manufacturer (OEM) New Way Parts
Vendor
Purchase Order Request
Amrep
$100,000
Staff is requesting a single source annual purchase order with Amrep The only manufacturing
source and provider of original Amrep bodies and parts are specific to Solid Waste trucks within
the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that
cannot be replaced by non -OEM parts. Use of alternate parts would void manufacturer warranty
Amrep Inc., is an approved manufacturer; their location is in Ontario, CA, 28 miles from the
corporate yard
Fuel Island Maintenance Service and Parts
Vendor
Purchase Order Request
Clean Energy Cryogenics, a subsidiary of Clean Energy
$90,000
Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of
Clean Energy to fulfill all scheduled maintenance to include general up -keep and emergency maintenance
as needed Clean Energy Cryogenics will also replace any inoperable pumps, including parts and supplies.
Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services
to the City's LNG station While there are other companies that provide maintenance and repair services,
these other companies cannot offer technicians who are experienced with the specific equipment that
was installed by Northstar Inc., in 2013 Using another source would cause significant delays in repairs
and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime of
the fuel system, and a potential reduction in LCNG sales.
Original Equipment Manufacturer (OEM) Quaid Harley-Davidson
Vendor
Purchase Order Request,
Quaid Harley-Davidson
$30,000
Staff is requesting a single source annual purchase order with Quaid Harley-Davidson The only
manufacturing source and provider of original Harley-Davidson bodies and parts are specific to
Police Department motorcycles within the City's fleet, Original Equipment Manufacturer (OEM)
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parts have unique design features that cannot be replaced by non -OEM parts Use of alternate
parts would void manufacturer warranty Quaid Harley-Davidson is an approved manufacturer;
their location is in Loma Linda, CA, 4 miles from the corporate yard
Original Equipment Manufacturer (OEM) New Way Parts
Vendor
Purchase Order Request
Ray Gaskin Service Inc.
$200,000
Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc. The
requested parts are specific to New Way make trucks within the City's fleet, Original Equipment
Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM
parts Use of alternate parts would void manufacturer warranty Ray Gaskin Service Inc., is an
approved seller and distributor of New Way OEM parts, their location is in Fontana, CA, 17 miles
from the corporate yard The next closet vendor is Ruckstell California Sales Co in Fresno, CA, 279
miles from the corporate yard
Original Equipment Manufacturer (OEM) Peterbilt Parts
Vendor
Purchase Order Request
Rush Truck Centers c/o Interstate Billing
Services
$60,000
Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate
Billing Services. The requested parts are specific to Peterbilt make trucks within the City's fleet,
Original Equipment Manufacturer (OEM) parts have unique design features that cannot be
replaced by non -OEM parts. Use of alternate parts would void manufacturer warranty Rush
Truck Centers is an approved seller and distributor of Peterbilt OEM parts, their location is in
Fontana, CA, 17 miles from the corporate yard The next closet vendor is Golden State Peterbilt
in Bakersfield, CA, 177 miles from the corporate yard
Collection of Bulky Solid Waste Items
Vendor
Purchase Order Request,
San Bernardino County
$121,000
Staff is requesting a single source annual purchase order with the San Bernardino County San
Timoteo Canyon Landfill for the disposal of bulky solid waste items San Timoteo Canyon Landfill
is the only landfill within the vicinity licensed to accept bulky items Bulky items consist of items
that have a poor compaction rate such as mattresses, palm fronds, and appliances By hauling
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these materials to the San Timoteo Canyon Landfill, the amount entering the City -owned
California Street Landfill is minimized, lessoning the impact for the usage of available airspace
and adding valuable lifespan to the City's landfill The requested amount of $121,000 is based on
historical expenditures
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Exhibit "B"
Cooperative Purchase Orders
Staff followed the City's procurement policies in regard to an existing cooperative contract agreement for
Public Utility Equipment/Services with Sourcewell (formally the National Joint Powers Alliance or NJPA)
By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bid
packages that have been competitively bid and awarded in conformance with the City's procurement
policies. Agencies can review bid results from more than 50,000 government, education, and nonprofit
organizations and draw from the terms and pricing for like units and vehicles.
Supply of As -needed Auto Parks
Vendor
Purchase Order Request
Superior Automotive Warehouse c/o Napa
Auto Parts
$121,000
,
Staff is recommending the that the City Council approve the Sourcewell cooperative purchase order with
Napa Auto Parts through the Sourcewell Contract Number 032521-GPC for the supply of as -needed auto
parts. The requested annual purchase order in the amount of $121,000 is based on historical
expenditures.
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Exhibit "C"
Annual Agreements
Fire Apparatus Solutions
Battery Worx
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of vehicle batteries and inventory services ("Agreement")
is made and entered in this 15th day of June, 2021 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Battery Worx, Inc , a California corporation
("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Contractor agree as follows
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform vehicle batteries and inventory services for City
(the "Services")
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by reference
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including, but not limited to, any applicable State prevailing
wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Chris Boatman, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," titled "Scope of Service," which is
attached hereto and incorporated herein by reference The Services shall commence
immediately after the Effective Date of this Agreement.
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4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2021 through
June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term
of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on
the same terms and conditions, by providing written notice to Contractor at least thirty (30)
days prior to the expiration of the Initial Term or any Extended Term. The Initial Term
and the Extended Terms are collectively referred to herein as the "Term" of this
Agreement.
4 3 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with City
Council adopted policy for the same. It shall be the obligation of Contractor to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of twenty five thousand two hundred eighty three dollars and fifty cents
($25,283 50) for the Services provided during the Initial Term. Should this Agreement be
extended, the compensation for Contractor's performance for the Services shall not exceed
the amount of twenty five thousand two hundred eighty three dollars fifty and cents
($25,283 50) for the first Extended Term, and twenty five thousand two hundred eighty
three dollars and fifty cents ($25,283 50) for the second Extended Term, bringing the total
possible amount of compensation to a not -to -exceed amount of Seventy Five Thousand
Eight Hundred Fifty Dollars and Fifty Cents ($75,850 50) For the Initial Term and each
Extended Term, City shall pay Contractor on a time and materials basis up to the not to
not -to -exceed amount in accordance with the rates specified in Exhibit "B," titled "Price
and Fee Schedule," which is attached hereto and incorporated herein by reference
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services. City shall pay
Contractor no later than thirty (30) days after receipt and approval by City of Contractor's
invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return
receipt requested, (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail, in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section.
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ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A. Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B Does not serve in a staff capacity with City and, in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302
7 3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
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8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than ten (10) days prior written notice to Contractor of City's intent to terminate If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services Contractor shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
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herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY'OF RE— ANDS
BATTERY WORX
By. �' �, By
Paul T Barich, Mayor
ATTEST
By.
Donaldson, City Clerk
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Richard Sanc
ez, Sales Manager
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall provide a supply of Crown labeled brand and ODYSSEY specific batteries along
with inventory control, maintain stock, and provide a check and charge testing and replace if
necessary
Contractor must provide and maintain a stocked inventory of Crown and Odyssey batteries at the
City's Corporate Yard located at 1270 W Park Avenue, Bldg. E
Contractor shall load check inventory and rotate batteries as needed. This includes removal of
cores on a weekly basis
Hazardous Chemicals and Waste
The Contractor shall bear full and exclusive responsibility for any release by vendor of hazardous
or non -hazardous chemicals or substances during the course of performance of the agreement.
Contractor shall immediately report any such release to the City employee accepting delivery
Contractor shall be solely responsible for all claims and expenses associated with the response to,
removal any remediation of the release, including, without limit, payment of any fines or penalties
levied against the City and its officers, agents and employees as a result of such release.
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EXHIBIT "B"
PRICE AND FEE SCHEDULE
DESCRIPTION
UNIT COST
CORE
CHARGE
TOTAL
AMOUNT
1
C27-XD
72
85
1
00
73
85
2
C27F-XD
72
85
1
00
73
85
3
C24-HD
62
62
1
00
63
62
4
C78-XD
77
09
1
00
78
09
5
C59-HD
83
67
1
00
84
67
6
C35-XD
72
08
1
00
73
08
7
C75-HD
64
05
1
00
65
05
8
C65-HD
94
89
1
00
95
89
9
C31S-HD
101
99
1
00
102
99
10C31A-HD
101
99
1
00
102
99
11
C4D-HD
156
61
1
00
157
61
12
C48-XD
91
76
1
00
92
76
13
Odyssey PC 215 OS
315
95
1
00
316
95
14
Anti -Gravity Jumper XP-10
165
00
-
165
00
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
\ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against habihty for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
BATTERY WORX, INC
B
Ricrd Sanchez, Sales Manager
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Date
NPS-2.1 (2/26/20)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of City's fire truck maintenance and repair services
("Agreement") is made and entered in this l5th day of June, 2021 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Fire Apparatus Solutions
("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Contractor agree as follows
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform City's fire truck maintenance and repair
services for City (the "Services")
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2 — SERVICES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," which is attached hereto and incorporated herein by reference
2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the
performance of this agreement including, but not limited to, any applicable State prevailing
wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
3.2 City designates Chris Boatman, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and dihgent in accordance
with the schedule set forth in Exhibit "A," titled "Specifications," which is attached hereto
and incorporated herein by reference The Services shall commence immediately after the
Effective Date of this Agreement.
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NPS-2.1 (2/26/20)
4.2 The term of this Agreement shall be for a period of one (1) year from July 1, 2021 through
June 30, 2021 (the "Initial Term") The City shall have the option to extend the Initial Term
of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on
the same terms and conditions, by providing written notice to Contractor at least thirty (30)
days prior to the expiration of the Initial Term or any Extended Term. The Initial Term
and the Extended Terms are collectively referred to herein as the "Term" of this
Agreement.
4.3 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with City
Council adopted policy for the same It shall be the obligation of Contractor to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor's performance of the Services shall not exceed the
amount of two hundred seventy thousand eight hundred fifty dollars and fifty cents
($270,850 50) for the Services provided during the Initial Term. Should this Agreement be
extended, the compensation for Contractor's performance for the Services shall not exceed
the amount of two hundred seventy thousand eight hundred fifty dollars and fifty cents
($270,850 50) for the first Extended Term, and two hundred seventy thousand eight
hundred fifty dollars and fifty cents ($270,850 50) for the second Extended Term, bringing
the total possible amount of compensation to a not -to -exceed amount of eight hundred
twelve thousand five hundred fifty one dollars and fifty cents ($812,551 50) For the Initial
Term and each Extended Term, City shall pay Contractor on a time and materials basis up
to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B,"
titled "Price and Fee Schedule," which is attached hereto and incorporated herein by
reference
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services City shall pay
Contractor no later than thirty (30) days after receipt and approval by City of Contractor's
invoice
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return
receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or
(iv) on the date sent by facsimile or electronic email transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail, in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section.
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NPS-2.1 (2/26/20)
CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
Phone (909) 798-7531
Fax (909) 798-7535
CONTRACTOR
William Kalmikov, President
Fire Apparatus Solutions
1762 S Sycamore Avenue
Rialto, CA 92376
FASfire@gmail.com
(909) 879-7354
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City
6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers,
employees and agents in performing the Services
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ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A. Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B Does not serve in a staff capacity with City and, in that capacity, participate in making
a governmental decision or otherwise perform the same or substantially the same duties
for City that would otherwise be performed by an individual holding a position
specified in City's Conflict of Interest Code under Government Code section 87302
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other rehef, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
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8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than ten (10) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, drawings, specifications, reports, summaries and such other
information and materials as may have been accumulated by Contractor in performing the
Services Contractor shall be compensated on a pro-rata basis for Services completed up to
the date of termination.
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
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herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
OF REDLANDS
Paul T Bariclf, Mayor
ATTEST
By
e Donaldson, City Clerk
FIRE APPARATUS SOLUTIONS
By.
William Kalmikov,
resident
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EXHIBIT "A"
SPECIFICATIONS AND SCOPE OF WORK
Contractor shall obtain and maintain the following required Registrations and Licensing'
All registrations and licensing required for Fire Apparatus Repair
NFPA Training of shop technicians and manager
California State Certified Fire Mechanic or EVT Certified
Apparatus Licensed Sales and Servicing Dealer
Authorized Meritor repair facility designation
Contractor shall assume responsibility for City equipment from time of pick-up through delivery
Contractor shall provide all of their own test equipment and tools necessary to perform the required
tasks
Contractor shall provide the City of Redlands Fire Department/Fleet with a 24/7 call -out list in the
case of an emergency
Maintenance and Repairs on an as -needed basis for the City's Fire Truck Fleet
City will notify Contractor of requested equipment maintenance and/or repairs. Contractor shall
inspect equipment at a specified City location on a specific date, or prepare a quote based on
specific repairs needed.
All quotes shall identify the type of parts to be used for repair• OEM, aftermarket or salvaged.
All quotes shall be submitted to the Fleet coordinator for approval prior to commencement of work.
All body and repair work shall be performed by contractor, not subcontracted, except major
components i.e transmission, steering box or differentials Prior approval from the Fleet
Supervisor is required for any subcontracted work.
All Federal/State/City/DOT/NFPA codes that may apply to the apparatus being repaired must be
maintained, and all work performed to maintain such code
Contractor shall insure any/all pertaining warranties are utilized,
Hazardous Chemicals and Waste
The Contractor shall bear full and exclusive responsibility for any release by vendor of hazardous
or non -hazardous chemicals or substances during the course of performance of the agreement.
Contractor shall immediately report any such release to the City employee accepting delivery
Contractor shall be solely responsible for all claims and expenses associated with the response to,
removal any remediation of the release, including, without limit, payment of any fines or penalties
levied against the City and its officers, agents and employees as a result of such release
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Contractor shall perform the following items annually
1
Annual Service Tests of Fire Pump Systems on Fire Apparatus per NFPA 1911
2
Aerial ladder inspection and third -party UL Testing
3
State of California vehicle emissions on G-55 and U-355 and Heavy-duty diesel smoke
emission testing required by California Code of Regulations Section 2180, Title 13
Contractor shall provide the following as needed.
1
Generator repair services for Onan, Harrison, and Smart Power
2 :
Diagnostic capabilities for DD13/15, Series 60, Cummins, Bendix ABS, Wabco ABS and
Allison DOC
3 "
Multiplex diagnostic & programming capability for Weldon, Classl Eskey and Command
Center Systems
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EXHIBIT "B"
PRICE AND FEE SCHEDULE
DESCRIPTION
UNIT
AMOUNT
1
Annual Service Tests of Fire Pump Systems
Each
425 00
2
Pre -Inspection Annual Aerial Ladder Testing
Each
295 00
3
Third Party (UL) Annual Aerial Ladder Testing
Each
1,314 50
4
Labor Rate
Hourly
90 00
5 :
Pick-up/Delivery Charge
Per Vehicle
No charge
DESCRIPTION
AMOUNT
1
Parts Markup
Cost + 18%
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
FIRE APPARATUS SOLUTIONS
Date —
William Kalmikov, President
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