21. CONTACT INFORMATION
Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid, to the Vernoncontact and to the Administrator, at the address specified. Each Party will notify the other in writing of changes to their designated contact person. Notices shall be deemed effective five business days after such mailing.
Contact information regarding any aspects of this Agreement is as follows:
21.1. Vernon Contact Information
Vernon may provide a primary and a technical contact. Vernon contact information is as follows:
21.1.1.Primary Contact Name
Name: City of Vernon
Contact Name: Daniel Wall
Title: Director of Public Works
Address: 4305 Santa Fe Avenue
Vernon, CA 90058
Telephone: (323) 583-8811
Email: [email protected]
21.1.2. Technical Contact Name
Name: City of Vernon
Contact Name: Lissette Melendez
Title: Project Engineer
Address: 4305 Santa Fe Avenue
Vernon, CA 90058
Telephone: (323) 583-8811
Email: [email protected]
21.2. LACMTA in its capacity as RIITS Administrator Contact Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mr. Kali Fogel
Title: RIITS Administrator
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 922-2665
Email: [email protected] ..
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22. ELECTRONIC SIGNATURES
Each Party agrees that electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below.
Los Angeles County Metropolitan
Transportation Authority, in its
capacity as the duly authorized
RIITS Administrator
City of Vernon
STEPHANIE N. WIGGINS
CHIEF EXECUTIVE OFFICER
By:
Steven Gota
Executive Officer
Date Daniel Calleros
Interim City Administrator
Date
..
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COUNTYWIDE SIGNAL PRIORITY ATTACHMENT
1. PARTICIPATION BY MEMBERS
1.1 This Countywide Signal Priority (“CSP”) Attachment to the Interagency Memorandum of Understanding between Los Angeles County Metropolitan Transportation Authority (“LACMTA”), in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”) and Vernon sets forth the terms and conditions for participation by the Member in Countywide Signal Priority.
1.2 The Parties shall determine where CSP equipment and software will be installed within the Member’s jurisdiction as RIITS infrastructure. LACMTA on behalf of RIITS may install CSP infrastructure within Member’s jurisdiction. The Parties will mutually cooperate to promptly resolve any technical or institutional issues, including those during design, implementation, operation, and maintenance of CSP.
1.3 By participating in CSP, the Member authorizes RIITS to make certain changes or improvements to the Member's traffic control equipment at targeted intersections.
1.4 Notwithstanding any provision to the contrary, whether expressly or by implication, the Member has and retains the sole responsibility for the operation and maintenance of its traffic control system.
1.5 LACMTA has deployed, or will be deploying, itsbus service through certain corridors in the Member's jurisdiction. A component of the bus program is to provide signal priority for buses at signalized intersections along the bus route. LACMTA uses CSP technologies to implement and maintain the signal-priority function of the bus service.
1.6 The Member acknowledges and agrees that CSP was prepared in accordance with state and federal signal safety requirements, and the implementation of CSP does not adversely affect or alter the safety parameters of the local traffic control system.
2. MEMBER RESPONSIBILITIES
The Member hereby agrees, in no particular order, to each and every of the following:
2.1. Member shall provide or make available existing traffic signal plans for targeted intersections to RIITS;
2.2. Member shall provide coordination support during the design, installation, and test of all CSP elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely inspections and approvals, and making staff available on an as-needed basis; ..
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2.3. Member shall work with RIITS to make space available for the installation of CSP equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary;
2.4. Member shall issue all required permits at no cost to LACMTA on behalf of RIITS or its contractors for all work directly related to the installation of CSP;
2.5. Member shall assist with the installation of any updated traffic signal control programs required for CSP operations. Further, the Member shall remain responsible for entering the signal timing, including CSP parameters, and for other tasks directly related to day-to-day traffic signal operations;
2.6. Member hereby authorizes RIITS to obtain the applicable traffic signal control firmware for the Member in order to operate CSP;
2.7. Member retains the exclusive ownership and control over all traffic signal control equipment. Other than the CSP and related equipment, the Member shall also retain exclusive ownership and control over the equipment, firmware, software and improvements that RIITS makes to the Member's traffic signal control operations;
2.8. Member shall support the deployment of CSP and will cooperate with RIITS to successfully install signal priority within Member’s jurisdiction;
2.9. Member shall provide, at its own cost and expense, operational infrastructure within Member's jurisdiction that allows CSP to operate normally;
2.10. Member shall promptly notify the CSP Program Manager whenever RIITS infrastructure is disconnected during the normal course of traffic signal control operations and maintenance or otherwise;
2.11. Member shall notify the CSP Program Manager immediately if RIITS infrastructure is damaged or removed. Member will retain any and all removed equipment, including hardware, parts, etc., for return to RIITS;
2.12. Member retains the responsibility for the operations and maintenance of its traffic control system, including those intersections receiving upgrades. Nothing in this Countywide Signal Priority Attachment is intended to change or be construed to change the Member's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing/signal issues at the Member's intersections;
2.13. Member reserves the right to disconnect CSP hardware as deemed necessary as part of normal traffic signal control operations and maintenance;
2.14. Member shall promptly notify CSP Program Manager if CSP hardware is disconnected during the normal course of traffic signal control operations and maintenance; and
..
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2.15. Member hereby appoints and designates the following individual to serve as the principal point of contact for the Member for purposes of CSP:
2.15.1. CSP Contact Name
Name: City of Vernon
Contact Name: Lissette Melendez
Title: Project Engineer
Address: 4305 Santa Fe Avenue
Vernon, CA 90058
Telephone: (323) 583-8811
Email: [email protected]
3. ADMINISTRATOR RESPONSIBILITIES
Subject to and upon approval from the RIITS Configuration Management Committee, and in no particular order, RIITS shall perform as follows:
3.1. RIITS shall work closely with Member to ensure that the deployment of signal priority does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections;
3.2. Work with Member to develop appropriate signal priority implementation strategies acceptable to both Parties. The Parties understand and agree that the Member is ultimately responsible for the traffic signal timing sheets that control all intersections;
3.3. At RIITS’ sole cost and expense, RIITS shall procure, test, and in coordination with the Member, integrate and install all elements necessary to implement CSP at each targeted intersection, and shall not install CSP equipment until RIITS has received Member's approval;
3.4. In furtherance of 2.4 above, RIITS and/or its contractors shall obtain from Member all necessary permits and coordinate with the Member prior to commencing fieldwork;
3.5. RIITS has and shall retain the exclusive ownership and control over CSP and related equipment; and
3.6.Coordinate all operations and maintenance directly attributable to the signal priority deployment with the Member.
..
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4 of 4
4. CSP PROGRAM MANAGER
The CSP Program Manager is the designated and primary point-of-contact for any and all CSP technical and administrative matters. Their contact information is below.
4.1. CSP Program Manager Contact
Agency Name:Los Angeles County Metropolitan Transportation Authority Contact Name: Mrs. Eva Moon
Title: CSP Program Manager
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 418-3285
Email: [email protected]
END OF COUNTYWIDE SIGNAL PRIORITY ATTACHMENT ..
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INTEGRATED CORRIDOR MANAGEMENT ATTACHMENT
1. PARTICIPATION BY MEMBERS
1.1 This Integrated Corridor Management (“ICM”) Attachment to the Interagency Memorandum of Understanding between Los Angeles County Metropolitan Transportation Authority (“LACMTA”), in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”) and Vernon sets forth the terms and conditions for participation by the Member in Integrated Corridor Management.
1.2 The Parties shall determine where ICM equipment and software will be installed within the Member’s jurisdiction as RIITS infrastructure. LACMTA on behalf of RIITS may install ICM infrastructure within Member’s jurisdiction. The Parties will mutually cooperate to promptly resolve any technical or institutional issues, including those during design, implementation, operation, and maintenance of ICM.
1.3 By participating in ICM, the Member authorizes RIITS to make certain changes or improvements to the Member's traffic control equipment at targeted intersections.
1.4 Notwithstanding any provision to the contrary, whether expressly or by implication, the Member has and retains the sole responsibility for the operation and maintenance of its traffic control system.
1.5 The Member acknowledges and agrees that ICM was prepared in accordance with state and federal signal safety requirements, and the implementation of ICM does not adversely affect or alter the safety parameters of the local traffic control system.
2. MEMBER RESPONSIBILITIES
The Member hereby agrees, in no particular order, to each and every of the following:
2.1. Member shall operate and maintain local traffic control and ITS assets to support ICM;
2.2. Member shall fulfill their ICM requirements for their jurisdiction;
2.3. Member shall assign agency staff or contracted agency staff to participate in scheduled meetings, calls, and workshops associated with the ICM corridor;
2.4. Member shall review and provide timely comments on documents, reports, and plans as it relates to the specific ICM corridor;
..
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2.5. Member shall provide coordination support during the design, installation, and test of all ICM elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely inspections and approvals, and making staff available on an as-needed basis;
2.6. Member shall notify the ICM Program Manager of any significant changes being considered to data, traffic signal controller hardware and firmware, transit routes, signal timing, ITS devices, and other items that potentially impact the corridor and/or arterial operations so that all stakeholders are informed and can make adjustments for the betterment of the overall ICM corridor;
2.7. Member shall participate in the RIITS ICM Subcommittee on an as-needed basis. All technical, performance, and operational matters for ICM will be resolved among the partnering agencies within this Subcommittee. ICM activities will be directed through each agency's primary contact and then advanced through each agency's management as needed.
2.8. Member shall provide or make available existing traffic signal plans for targeted intersections to RIITS;
2.9. Member shall work with RIITS to make space available for the installation of ICM equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary;
2.10. Member shall issue all required permits at no cost to LACMTA on behalf of RIITS or its contractors for all work directly related to the installation of ICM elements;
2.11. Member shall assist with the installation of any updated traffic signal control programs required for ICM operations. Further, the Member shall remain responsible for entering the signal timing and for other tasks directly related to day- to-day traffic signal operations;
2.12. Member retains the exclusive ownership and control over all traffic signal control equipment and other ITS equipment used for daily traffic operations. Other than the ICM and related equipment, the Member shall also retain exclusive ownership and control over the equipment, firmware, software and improvements that RIITS makes to the Member's traffic signal control operations;
2.13. Member shall provide, at its own cost and expense, operational infrastructure within Member's jurisdiction that allows ICM to operate normally;
2.14. Member shall promptly notify the ICM Program Manager whenever RIITS infrastructure is disconnected during the normal course of traffic signal control operations and maintenance or otherwise;
2.15. Member shall notify the ICM Program Manager immediately if RIITS infrastructure is damaged or removed. Member will retain any and all removed equipment, including, but not limited to, hardware, parts, equipment, software, tools, and other items provided for return to RIITS;
..
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2.16. Member retains the responsibility for the operations and maintenance of its traffic control system, including those intersections receiving upgrades. Nothing in this Integrated Corridor Management Attachment is intended to change or be construed to change the Member's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing/signal issues at the Member's intersections; and
2.17. Member hereby appoints and designates the following individual to serve as the principal point of contact for the Member for purposes of ICM:
ICM Contact Name
Name: City of Vernon
Contact Name: Lissette Melendez
Title: Project Engineer
Address: 4305 Santa Fe Avenue
Vernon, CA 90058
Telephone: (323) 583-8811
Email: [email protected]
3. ADMINISTRATOR RESPONSIBILITIES
Subject to and upon approval from the RIITS Configuration Management Committee, and in no particular order, RIITS shall perform as follows:
3.1. RIITS shall work closely with Member to ensure that the deployment of ICM does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections;
3.2. Work with Member to develop appropriate response plan strategies acceptable to both Parties. The Parties understand and agree that the Member is ultimately responsible for the traffic signal timing sheets that control all intersections;
3.3. At RIITS’ sole cost and expense, RIITS shall procure, test, and in coordination with the Member, integrate and install all elements necessary to implement ICM at each targeted intersection, and shall not install ICM equipment until RIITS has received Member's approval;
3.4. In furtherance of 2.10 above, RIITS and/or its contractors shall obtain from Member all necessary permits and coordinate with the Member prior to commencing fieldwork;
3.5.Coordinate all operations and maintenance directly attributable to the ICM deployment with the Member.
..
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4. ICM PROGRAM MANAGER
The ICMProgram Manager is the designated and primary point-of-contact for any and all ICM technical and administrative matters. Their contact information is below.
4.1. ICM Program Manager Contact
Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mr. Edward Alegre
Title: ICM Program Manager
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 418-3287
Email: [email protected]
END OF INTEGRATED CORRIDOR MANAGMENT ATTACHMENT ..
Item 6 Page 19 of 19
City Council Agenda Report
Meeting Date: December 3, 2024
From: Todd Dusenberry, General Manager of Public Utilities Department: Public Utilities
Submitted by: Efren Peregrina Renteria, Procurement Specialist Subject
Purchase Contract with Ingersoll Rand, Inc.
Recommendation
A. Find that the best interests of the City are served by a direct award of a Purchase Contract to Ingersoll Rand, Inc. (Ingersoll Rand), without a competitive selection process, pursuant to Section 3.32.110 (B)(2) of the Vernon Municipal Code (VMC) based on the durability, performance and compatibility and cost effectiveness of the Ingersoll air compressor; B. Approve the issuance of a Purchase Contract with Ingersoll Rand in an amount not-to-exceed $136,556.72 to procure an air compressor;
C. Find that it is commercially unreasonable to rebid the proposed five-year PartsCARE Agreement that is standard for Ingersoll to provide maintenance and diagnostic services, pursuant to VMC Section 3.32.220(B), as they are the manufacturer and best suited to provide the required services; and
D. Approve and authorize the City Administrator to execute a PartsCARE Agreement with Ingersoll Rand, in substantially the same form as submitted, to provide maintenance and diagnostic services for an amount not-to-exceed $30,550.04 for a term of five years.
Background
The Malburg Generating Station (MGS) utilizes two Ingersoll Sierra H100 oil-free air compressors, which are essential for providing compressed air necessary for the operation of control valves throughout the facility and the gas turbines. A failure of these compressors would lead to a complete shutdown of the plant. Approximately four years ago, the primary compressor was replaced because of performance problems and the deterioration of the compressor screw coating, which was found to be beyond repair. On September 6, 2024, during a heatwave, the primary compressor failed due to excessively high ambient temperatures. The backup compressor was activated but also failed shortly thereafter due to temperature-related and technical complications, resulting in a five-hour outage of the plant.
VPU’s on-site mechanics inspected the backup air compressor and identified continued abnormal operating behavior and poor performance. This compressor has experienced intermittent issues dating back to May 2024. While temporary part replacements were initially effective, recent repairs have failed to restore the compressor to its designed performance and overall reliability. The backup compressor is approximately 17 years old, which is well beyond its typical lifespan. Considering its age and the mechanical issues, it is imperative to replace the backup air compressor and ensure overall reliability of plant operations.
The proposed Purchase Contract can be exempt from competitive selection pursuant to Section
3.32.110(B)(2) if a direct award is found to be in the best interests of the City. VMC Section
3.32.110(B)(3) indicates that the City Council has the authority to make such a finding when the proposed contract exceeds $100,000. A direct award to Ingersoll Rand is in the best interest of the City, given their exceptional equipment and capability to supply an air compressor that will not disrupt plant operations. Ingersoll’s H100A Sierra air compressors are designed with longlife stainless-steel components, which not only ensure durability but also reduce utility ..
Item 7 Page 1 of 2
maintenance costs due to their ability to withstand varying temperatures and levels of pressure.
Furthermore, Ingersoll's air compressors feature an electronic interface that enables communication between units, which is critical to overall plant reliability. This system allows the standby compressor to automatically activate when the primary compressor encounters performance issues or fails, sending a signal to initiate the standby unit. Using a different brand of compressor would lack this functionality, potentially delaying the activation of the standby unit and risking a loss of plant instrument air, which could lead to a plant shutdown. Additionally, MGS has a substantial inventory of spare parts specifically for these compressors, which would remain compatible with any replacement unit. The air compressor being decommissioned will also be dismantled for usable parts, providing an additional inventory of spare parts.
Therefore, staff recommends approving the issuance of a Purchase Contract to Ingersoll Rand and execution of the proposal to procure one H100A Sierra air compressor in the amount not to exceed $136,556.72. Additionally, staff recommends approval of a five (5) year standard PartsCARE Agreement, pursuant to Section 3.32.220(B), with Ingersoll Rand to provide maintenance and diagnostic services for the proposed and previously acquired four-year-old Ingersoll Sierra H100 oil-free air compressors in an amount not-to-exceed $30,550.04, with the amounts to be billed semi-annually. Pursuant to VMC Section 3.32.030(A), City Council approval is required as the total value of the Purchase Order requested exceeds $100,000.
Ingersoll Rand’s terms and conditions have been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact
The fiscal impact is not-to-exceed $167,106.76. Sufficient funds are available in the Electric Fund Budget, Malburg Generation Station, Professional Services-Technical, Account No. 055-050- 586-529225 for the PartsCARE Agreement and the Electric Fund Budget, Malburg Generation Station, Capital Outlay, Account No. 055-050-586-660000 for the H100A Sierra air compressor for the current fiscal year and funds will be budgeted in subsequent years.
Attachments
1. Ingersoll Rand, Inc. – Proposal
2. Ingersoll Rand, Inc. – PartsCARE Agreement ..
Item 7 Page 2 of 2
Gary Wheaton
City of Vernon
Quote Reference # CTS-264279
. Quote Valid until 11/23/2024 .
Item 7 Page 1 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
2 Table of Contents
1 Product Description.........................................................................................4 2 Investment Summary.......................................................................................7 3 General Terms .................................................................................................8 4 Purchase Order Acknowledgement Form .........................................................9 5 Terms and Conditions....................................................................................11 6 CARE Offerings Summary...............................................................................13 ..
Item 7 Page 2 of 13
Ingersoll Rand
Compression Technologies and Services
Equipment | Services| Rental| Install |
(704) 655-4000 Serving the North America Region
IngersollRandCompressor.com
Follow us on social media! #IRCompressors
3 PROPOSAL
Quote Reference# CTS-264279
Quote Prepared on 10/24/2024| Valid until 11/23/2024
___________________________________________________________________________________ Gary Wheaton
City of Vernon
4963 S Soto St
VERNON CA 90058
USA
Email: [email protected] v
Ph:(323) 583∙8811 x255
Andrew Boyer
Ingersoll Rand Compressed Air
Technologies and Services
2845 Pellisier Pl
City Of Industry CA 90601
Email: [email protected]
Ph: (310) 629-5751
..
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Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
4 1 Product Description
H100A SIERRA ACAC 460V SD PORO TEFC N4 HI DUST 65KA W/HELIX Delivering reliable oil-free compressed air to your facility goes well beyond the compressor itself. Optimize total cost of ownership through a systems approach that employs the best air compression technologies to deliver reliability for life. • Efficient Design, Robust Components • UltraCoat—Energy Savings and Longer Life • Simple and Serviceable • Advanced Compressor Control • Integrated with Helix™ Connected Platform, a state-of-the-art system that gives you real-time
insights and data to keep your compressor
operating at peak performance and reduce the risk
of downtime.
Representative image may not represent quoted product configuration.
Technical Information
Rated Pressure Nominal Power Capacity (FAD) Dimensions (Length x Width x Height)
Weight (Air-cooled)
bar g psig kW hp m3 / min cfm mm in kg lb 8 125 75 100 11.6 411 2495 5489.0 ..
Item 7 Page 4 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
5 ..
Item 7 Page 5 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
6 Start Up
Service Details
Scope of Service Included
Commissioning performed by factory trained and certified technicians Yes Confirm proper installation per operator's manual Yes
Check operating temperatures, pressures, amperage and other key parameters per Ingersoll Rand 47-point checklist Yes Check rotation of 3 phase motors Yes
Adjust and set control set points and key operating parameters Yes Basic operator training 30 min Yes
How to get service help if needed Yes
Maintenance schedule review Yes
Install review & validation Yes ..
Item 7 Page 6 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
7 2 Investment Summary
Investment Summary for City of Vernon (10/24/2024)
Line # Product Description Qty Unit Price Extended Price
1.0 H100A SIERRA ACAC 460V SD PORO TEFC N4 HI DUST 65KA
W/HELIX
1 $119,850.52 $119,850.52 -
Ingersoll Rand
2.0 Start Up1 $1,120.00 $1,120.00
Included Component
Labor1 $1,120.00 $1,120.00 -
Ingersoll Rand
3.01 $12,284.68 $12,284.68
Included Component
Sales Tax 10.25%1 $12,284.68 $12,284.68 -
Ingersoll Rand
Product/Tax Quote Amount $133,255.20
Upgrade Option(s) Amount --
Freight Amount $3,301.52
Total Quote Amount $136,556.72
..
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Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
8 3 General Terms
General Terms
Lead Time: 4 Weeks Pricing and availability is subject to change without notice. Upon submission of your order, please include the following information: payment terms, preferred payment method, purchase order number, tax status (if exempt please include a copy of your tax exemption certificate with your order). Payment Terms:
NET 30
FOB: EX
WORKS
For US, please remit all payments to Ingersoll Rand, 15768 Collections Center Drive, Chicago, IL, 60693. For Canada, please remit all payments to IR Canada Sales & Service ULC, C/O T10223C PO Box 4918 STN A, Toronto, ONTARIO M5W 0C9, Canada. Also, please be aware that Ingersoll Rand accepts payment via credit card, and EFT. Freight
Terms:
Prepaid
Progress Payments apply to orders exceeding $100,000 USD. Standard progress payment terms are 30% at order acceptance, 30% at Eight (8) weeks after purchase order, and 40% upon shipment. ..
Item 7 Page 8 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
9 4 Purchase Order Acknowledgement Form
Purchase Order Acknowledgement
Date: 09/10/2024
SHIP TO SITE INFORMATION BILLING INFORMATION
Company Name: City of Vernon Company Name: CITY OF VERNON Business Address: 4963 S Soto St Business Address: 4305 SANTA FE AVE 4305 SANTA FE AVE City, ST, Zip: VERNON, CA, 90058 City, ST, Zip: VERNON, CA, 90058 Site Contact: Gary Wheaton Business Phone: {{}}
Business Phone: (323) 583∙8811 x255 Business E-mail:
_
Business E-mail: [email protected] Payment Terms: NET 30 PO Number: Total PO Amt: $136,556.72
Siebel Order #:
Oracle Order #:
_____________________
_____________________
(For office use only)
Progress Payments (if required):
30% at order acceptance
30% at Eight Weeks After PO
40% on Shipment
(IR Standard Milestone Payments)
Thank you for your order. In an effort to process your order as quickly as possible please review the Shipping & Billing information noted above, and the scope of supply shown below, to verify the information is correct. Please initial all Scope of Supply worksheet page(s).
Priority:
Shipping Method: XPO LOGISTICS-TRUCK-STANDARD
FOB Point: EX WORKS
Freight Terms: Prepaid
Shipping Instructions:
The sale of our equipment is governed solely by the Standard Terms & Conditions of Sale 3.17 and Form 3814; copies of which are attached hereto. Notwithstanding any objection in advance, we will proceed on the basis that such terms and conditions will govern this transaction, excluding any revised, additional, or conflicting terms and conditions submitted with your purchase order form.
Authorized
Signature:
{{Sig_es_:signer1:signature}} Date: {{Dte_es_:signer1:date}} Printed Name: {{*N_es_:approver1:fullname}} PO Number: {{d_es_:signer1:string}} Company/Title: {{*Ttl_es_:signer1:title}}
Please send completed form to:
IR Rep: Andrew Boyer
Phone: (310) 629
-5751
Email: [email protected] ..
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Customer Initials :
{{Int_es_:signer1:initi
als}}
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
10 SCOPE OF SUPPLY WORKSHEET
Line Number Quantity Part Number Description Unit Price Extended Price
1.01 47780525001 H100A SIERRA ACAC 460V SD PORO TEFC N4 HI DUST 65KA W/HELIX
$119,850.52 $119,850.52
2.01 Start Up $1,120.00 $1,120.00
3.01 OSP OSP $12,284.68 $12,284.68
Subtotal: Scope of Supply $133,255.20
Freight (Estimated amount if "Prepaid") $3,301.52
ORDER TOTAL $136,556.72
Additional Order Comments: ..
Item 7 Page 10 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
11 5 Terms and Conditions
STANDARD TERMS AND CONDITIONS OF SALE INDUSTRIAL TECHNOLOGIES AND SERVICES
1. General Any written or oral order received from Buyer by Ingersoll-Rand Industrial, U.S., Inc., (“Company”) is governed by the Standard Terms and Conditions of Sale outlined herein (“Terms”). COMPANY’S ACCEPTANCE OF BUYER’S ORDER IS EXPRESSLY CONDITIONED ON BUYER’S ACCEPTANCE OF THESE TERMS. Company rejects any terms and conditions inconsistent with these Terms and to any other terms proposed by Buyer in accepting Company’s proposal. No agreement, oral or written, in any way claiming to modify these Terms and Conditions will be binding on Company unless agreed to in writing by an authorized representative of Company.
2. Taxes Prices do not include any present or future Federal, State, or local property, license, privilege, sales, use, excise, gross receipts or other like taxes or assessments applicable to this order (“Taxes”). All Taxes will be itemized separately. Buyer will be responsible for the payment of any Taxes to Company unless Buyer provides a valid exemption certificate. If the exemption certificate is not recognized by the governmental taxing authority, Buyer will reimburse Company for any Taxes, including any interest or penalty assessed against Company.
3. Title and Risk of Loss Title and risk of loss or damage to equipment will pass to Buyer upon tender of delivery FOB Company facility, except that Buyer grants Company a lien on and a purchase money security interest in and to all of the right, title, and interest of Buyer in the equipment purchased hereunder until full payment has been made.
4. Credit Terms
a. Payment. Buyer shall pay the amounts due and owing to Company identified on each invoice in full and in accordance with the terms specified on each invoice. b. Invoice Disputes. Buyer shall notify Company in writing of any dispute with any invoice (along with substantiating documentation) prior to the invoice due date. Invoices for which no such timely notification is received shall be deemed accepted by Buyer as true and correct. The parties shall seek to resolve all such disputes expeditiously and in good faith. Should any dispute arise with respect to any goods delivered by Company to Buyer, Buyer shall nevertheless pay all invoices covering goods not in dispute, without setoff, defense or counter-claim. c. Late Payments. On any invoice not paid when due, Buyer shall pay a late charge from the due date to the date of actual payment at the lesser of the simple interest rate of 12% per annum calculated monthly or the highest rate permissible under applicable law. Buyer shall reimburse Company for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under these Terms and Conditions or at law (which Company does not waive by the exercise of any rights hereunder), Company shall be entitled to suspend the delivery of any goods if Buyer fails to pay any amounts when due. d. Acceleration. Should Buyer fail to make any payment required hereunder, Company may, without notice, declare all obligations of Buyer to Company (“Obligations”) immediately due and payable, whether or not such late charges are included in any statement of account rendered by Company to Buyer. e. No Partial Payments. Buyer irrevocably agrees that it will not, without Company's prior written consent in each instance, tender any payments for less than the full amount of the invoices to which said payment applies (“Partial Payments”). Any Partial Payments tendered by or for the account of Buyer shall not extinguish or otherwise affect any unpaid portion of the subject invoices, despite any notation on or accompanying said payment such as “in full payment,” “in full satisfaction,” or words of similar effect. f. Sufficient Funds. Buyer represents that all checks issued to Company will be honored by the drawee bank, and that no checks will be so issued unless Buyer then has funds on deposit in an amount sufficient to cover all checks issued by Buyer. Buyer acknowledges that this representation will be materially relied upon by Company in extending credit to Buyer. g. Right to Set Off. Any payment received by Company from Buyer may be applied by Company against any obligation owing by Buyer to Company, regardless of any statement appearing on or referring to such payment, without discharging Buyer's liability for any additional amounts owing by Buyer to Company. The acceptance by Company of such payment shall not constitute a waiver of Company's right to pursue any remaining balance. With respect to any monetary obligations of Company to Buyer, including without limitation, volume rebates and advertising rebates, Company may, at any time, setoff and appropriate and apply such amounts against any sums that are, or will become, owing, due or payable to Company by Buyer under these Terms and Conditions or any other agreement.
5. Financial Condition of Buyer
a. Receipt of Goods While Insolvent In the event that Buyer receives any goods from Company while Buyer is insolvent (as such term is used in §2- 702 of the Uniform Commercial Code, United-States of America), this writing and the invoices received from Company relating to such goods shall constitute Company's demand for reclamation of such goods. b. Withdraw of Credit Approval Company reserves the right before shipment of any goods ordered by Buyer from Company, to require that all or a portion of the purchase price relating thereto be paid to Company, in good funds, prior to shipment.
c. Material Adverse Change in Financial Condition Not withstanding the stated due date of any obligations, all Obligations shall become immediately due and payable, without notice, in the event that Company determines there to have been a material adverse change in the financial condition or business affairs of Buyer so that in Company's reasonable judgment Buyer's ability to pay the Obligations has become impaired.
d. Verification of Credit References. Company is authorized to contact any credit references provided by Buyer, and to disclose any information reasonably necessary to determine Buyer's credit worthiness. Company is also authorized to obtain personal credit reports on any partner, principal, officer, or potential guarantor in determining Buyer’s creditworthiness. Company may also disclose any information concerning its relationship with Buyer which is requested by anyone identifying themselves as an existing or potential creditor of Buyer. e. Disclosure of Buyer’s Right to a Statement of Reasons for Action. If this application is not approved in full or if any other adverse action is taken with respect to Buyer’s credit, Buyer has the right to request within 60 days of Company’s notification of such adverse action, a statement of specific reasons for such action, which statement will be provided within 30 days of said request.
6. Delivery Company will deliver goods within a reasonable time after receipt of Buyer’s order and in no event will delivery dates be construed as falling within the meaning of “time is of the essence.”
7. Force Majeure Company will not be liable for any loss or damage due to delays arising from causes beyond the reasonable control of Company, including but not limited to any acts of God, fire, flood, earthquake or explosion, strikes or other labor difficulties, wars, riots, terrorist threats, national emergencies, or acts of governments. In such events, Company will have additional time within which to deliver or perform as may be reasonably necessary under the circumstances. If Buyer requires drawings, procedures, standards or similar material for approval, delivery schedules will be calculated from the time such approvals are received by Company. Any hold points, witness points, or Buyer inspection requirements must be identified by Buyer at the time of quotation and/or order placement. Additional inspection or testing required by Buyer will extend delivery dates accordingly.
8. Storage Fee If Buyer is not able to accept delivery on the date agreed to by the parties, Buyer will pay Company a storage fee equivalent to one and one half percent (1.5%) of the total order value per calendar month or fraction thereof (calculated and charged on a per day basis) until the date of delivery (“Storage Fee”). Additionally, if Company is performing installation services and at the time of delivery Buyer’s location is not ready or is unsafe for installation, Company reserves the right to postpone or to discontinue work. In such event, Company may charge Buyer an amount equivalent to the Storage Fee until such time that the location is ready and safe for installation, as determined by Company.
9. Warranty Company warrants, to purchasers from a Company authorized seller (each a “Buyer”), that the equipment manufactured by it and services provided by it will be free from defects in material and workmanship, for the duration of the specified Warranty Period. For new equipment, a period of twelve (12) months from the date of initial operation not to exceed eighteen (18) months from shipment, whichever first occurs, except for the Airend of new oil-flooded rotary screw air compressors, which is for the duration as detailed in the 5 Year Airend Parts Warranty below; for parts and services, six (6) months from the date of shipment; for services, six (6) months from the date of installation, inclusive of transportation and installation costs if installed by Company or six (6) months from the date of delivery exclusive of transportation and installation costs if not installed by Company (each a “Warranty Period”). Equipment or parts manufactured by others are warranted only to the extent of the original manufacturer’s warranty to Company. ..
Item 7 Page 11 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
12 5 Year Airend Parts Warranty: Company Warrants , to a Buyer, that the Airend, as defined below, of new oil-flooded rotary screw air compressors manufactured by Company, will be free from defects in material and workmanship for a period of five (5) years from the date of initial operation not to exceed sixty-six (66) months from shipment, whichever occurs first. This Airend warranty is strictly contingent on the Buyer’s demonstration that Buyer used only genuine Company replacement parts and lubricant in maintaining the defective compressor, according to Company’s recommendations, for the duration of the Warranty Period. Use of non-genuine Company replacement parts or lubricants will void this Airend warranty. Company reserves the right to request a coolant sample from Buyer, or to perform coolant sample analysis, upon Buyer’s Airend warranty claim. If Buyer makes a compliant Airend warranty claim during the Warranty Period, Company will only be responsible for, at its option, providing a new or remanufactured replacement Airend part and standard freight charges. Buyer will be required to provide Company with the defective Airend in exchange for the replacement Airend. For the purposes of this Airend warranty, the “Airend” is defined as the set of two rotors (one male and one female), the housing, and the bearings for a single-stage compressor and two (2) sets of two rotors (one male and one female), the housing and the bearings for a two-stage compressor. This Airend warranty specifically excludes other parts like the Airend shaft seal, gears, and pulleys, as well as expedited freight, labor, and any other costs associated with repair or replacement of Airend.
10. Order Cancellation If Buyer cancels an order, Buyer will pay a cancellation fee to Company in an amount equal to Company’s direct out of pocket costs incurred plus a percentage of the order value to cover sales and administrative expenses. The percentage is based on the proportion of time which has elapsed from the date the order is placed to the originally scheduled shipment date as follows:
Percent of time elapsed from PO date to scheduled ship date Cancellation fee % of PO Value 0-10% 5% 11-20% 15%
21-30% 25%
31-40% 35%
41-50% 45%
51-60% 55%
61-70% 65%
71-80% 75%
81-90% 85%
91-100% 95%
11. Compliance with Laws Company will comply with all applicable laws and regulations in effect in the location of manufacture on the date an order is placed. Compliance with any local governmental laws or regulations relating to location, use, or operation of the equipment, or its use in conjunction with other equipment, will be the sole responsibility of Buyer. Equipment purchased hereunder is produced in accordance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act as amended and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Where applicable, the Federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because of all or part of the applicant’s income derives from any public assistance programs; or because the applicant has in good faith exercised any right under the Consumer Protection Act. The federal agency that administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C.
12. Data Privacy Buyer understands and agrees that certain of the Products include technology that allows Company to collect technical and product-related information regarding such Products and to conduct remote diagnostics testing of such Products. This technology allows Company to better serve and assist Buyer in the event such Products need to be repaired, and to maintain and improve the Products. Buyer agrees to grant and hereby grants Company a transferable, sub-licensable, non-exclusive, non-revocable, worldwide right to access and use the data collected and processed by the technology for Company's business purposes, including analysis, research, and development. In addition, Company may share such information with its affiliates, subsidiaries, and service providers; and with third parties but only in an aggregate, de-identified format, with third parties for research, statistical and business purposes unless otherwise agreed to or in accordance with the applicable privacy policy. To the extent that Company receives any individually identifiable personal information regarding Buyer from such technology, Company’s policy is to protect the confidentiality of such information, and to prohibit the unlawful disclosure of Buyer’s personal information to third parties. Company will take reasonable steps to insure the safety of Buyer’s personal information.
13. Export Control Buyer agrees not to disclose or export, either directly or indirectly, any Company technology or information, or the direct product thereof, to any destination or person if such disclosure or export is prohibited by U.S. laws and regulations. In particular, Buyer will not use and will not permit any third party to use Company technology or information in connection with the design, production, use or storage of chemical, biological or nuclear weapons or missiles of any kind. This paragraph will survive the termination of this contract.
14. Patent Indemnity Company will defend Buyer against any proceeding based upon a claim that the equipment manufactured by Company infringes any U.S. patent, provided that Company is promptly notified in writing and given authority, information, and assistance for defense of the same. If any claim materially interferes with Buyer’s use of the equipment, Company will, at its option, procure for Buyer the right to continue to use such equipment, modify it so that it becomes non-infringing, replace it with non-infringing equipment, or will remove the equipment and refund the purchase price. Company does not accept any liability whatsoever in respect to patents claiming more than the equipment furnished hereunder or claiming methods or processes to be carried out with the aid of such equipment. The foregoing states the entire liability of Company with regard to patent infringement.
15. Limitation of Liability THE REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF COMPANY WITH RESPECT TO THIS CONTRACT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE FOR THE EQUIPMENT, PART OR SERVICE THAT IS THE BASIS FOR THE CLAIM.IN NO EVENT WILL COMPANY BE
LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS
OR REVENUE ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT, PART OR SERVICE HEREUNDER, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHERWISE.
16. Assignment Buyer will not assign or transfer this contract without the prior written consent of Company, and such consent will not be unreasonably withheld. Additionally, Buyer will not sell all or a substantial portion of its assets to another entity (the “Successor”) without the prior written consent of Company. In the event that Buyer does not provide such notice to Company and the business previously conducted by Buyer is or may be continued by the Successor, Buyer shall be liable for and shall pay on demand the amount of all accounts receivable due by Successor to Company arising from the date of such sale of assets to the date Company learns of such asset sale.
17. No Waiver No waiver by Company of any of the provisions of this Contract is effective unless explicitly set forth in writing and signed by Company. No failure to exercise, partial exercise, or delay in exercising, any right, remedy, power or privilege arising from this Contract operates, or may be construed, as a waiver thereof.
18. Governing Law The rights and obligations of the parties will be governed by the laws of the State of North Carolina excluding any conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this contract.
19. No Reference Required Buyer and Company agree that each order shall constitute a separate contract, the performance of which will be governed exclusively by these Terms. This Agreement shall govern an order regardless of whether or not this document is attached to or referenced in the order. Excluded from applicability to an order include, but are not limited to: (i) any other terms and conditions contained in the order, including terms contained on the reverse side of the order; (ii) any reference in an order to Buyer’s Internet site for terms and conditions; (iii) any reference in an order to any other agreement, document or terms unless agreed to in writing by the Parties. In the event of a conflict between any terms and conditions of an order (except (iii) above), Terms shall prevail and govern the order. ..
Item 7 Page 12 of 13
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-264279
13 6 CARE Offerings Summary
CARE Offerings Summary
CARE Service Offerings PartsCARE PlannedCARE PackageCARE OEM Parts Pricing 5% PM Parts Discount 5% PM Parts Discount 5% PM Parts Discount Preventative Maintenance Parts
Preventative Maintenance Labor
Proactive Maintenance
Break/Fix Repairs
Auto Parts Fulfillment
Reduced Customer Administration
Costs
Rental Equipment Discount
Live 24/7 Helix Remote
Monitoring
24 Hour Response Guarantee Optional
Uptime Guarantee Optional
Available Coverage Program Airend - Parts Only 10 Years Airend - Parts & Labor 10 Years Package 10 Years CARE Agreement First Year
Pricing
$6,393 $10,537 $15,887
..
Item 7 Page 13 of 13
Efren Peregrina
City of Vernon
Quote Reference # CTS-291252
. Quote Valid until 12/12/2024 .
Item 7 Page 1 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
2 Table of Contents
1 Cover Letter.....................................................................................................4 2 Investment Summary.......................................................................................5 3 CARE Offerings Summary.................................................................................6 4 PartsCARE .......................................................................................................7 5 Agreement Page ..............................................................................................8 6 Additional Terms and Conditions ...................................................................10 7 Additional Terms and Conditions Exhibit B.....................................................13 8 Extended Coverage........................................................................................13 9 Closing Comments.........................................................Error! Bookmark not defined. 10 CARE Purchase Order Acknowledgement .....................................................16 ..
Item 7 Page 2 of 17
Ingersoll Rand
Compression Technologies and Services
Equipment | Services| Rental| Install |
(704) 655-4000 Serving the North America Region
IngersollRandCompressor.com
Follow us on social media! #IRCompressors
3 PROPOSAL
Quote Reference# CTS-291252
Quote Prepared on 11/12/2024| Valid until 12/12/2024
___________________________________________________________________________________ Efren Peregrina
City of Vernon
4963 S Soto St
VERNON CA 90058
USA
Email: [email protected]
Ph: (323) 583-8811 x355
Andrew Boyer
Ingersoll Rand Compressed Air
Technologies and Services
2845 Pellisier Pl
City Of Industry CA 90601
Email: [email protected]
Ph: (310) 629-5751
..
Item 7 Page 3 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
4 1 Cover Letter
Efren Peregrina
Procurement Specialist
4963 S Soto St
VERNON, CA 90058
Dear Efren Peregrina,
Thank you for allowing us the opportunity to quote your compressed air system. For 150 years, Ingersoll Rand has provided products, services and solutions that increase our customer's productivity and efficiency. Ingersoll Rand continues to inspire progress by driving innovation with revolutionary technology - creating new standards for how the world gets work done.
Backed by our engineering excellence, we develop rugged, reliable, industry-leading compressor technologies and service programs to keep your business moving.
Sincerely,
Andrew Boyer
Account Manager ..
Item 7 Page 4 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
5 2 Investment Summary
Investment Summary for City of Vernon (11/12/2024)
Line # Product Description Qty Unit Price Extended Price
1.0 PartsCARE (Year 1 Price)1 $5,754.24 $5,754.24
Included Component
H100A1
H100A1
-
Ingersoll Rand
Product/Service Quote Amount $.00
CARE Total Amount $5,754.24
Upgrade Option(s) Amount --
Freight Amount Included
Total Quote Amount $5,754.24
..
Item 7 Page 5 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
6 3 CAR E Off erings Summary
CARE Offerings Summary
CARE Service Offerings PartsCARE PlannedCARE PackageCARE OEM Parts Pricing 5% PM Parts Discount 5% PM Parts Discount 5% PM Parts Discount Preventative Maintenance Parts
Preventative Maintenance Labor
Proactive Maintenance
Break/Fix Repairs
Auto Parts Fulfillment
Reduced Customer Administration
Costs
Rental Equipment Discount
Live 24/7 Helix Remote
Monitoring
24 Hour Response Guarantee Optional
Uptime Guarantee Optional
Available Coverage Program Airend - Parts Only 10 Years Airend - Parts & Labor 10 Years Package 10 Years CARE Agreement First Year
Pricing
$5,754 $9,447 $15,246
..
Item 7 Page 6 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference#
CTS-291252
7 4 Part sCARE
PartsCARE
Consumables Auto-Replenishment Program
City of Vernon
VERNON, CA
..
Item 7 Page 7 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
8 5 Agreement Page
PartsCARE Agreement
This Agreement is between Ingersoll-Rand Industrial U.S., Inc., a Delaware corporation (hereinafter referred to as Company) and City of Vernon (hereinafter referred to as Purchaser) for PartsCARE Maintenance & Diagnostics Program for a term of5 year(s) on the equipment shown below:
1. Equipment Schedule/Table
Manufacturer Model Serial Number Hours Per Year
IR H100A MOX1001183 4000
IR H100A TBD 4000
2. Scope of Service
a.Rotary Screw Compressor Scope
i. Inlet air filter elements per Operator's Manual recommendation ii. Oil filters per Operator's Manual recommendation
iii. Separator element per Operator's Manual recommendation iv. Coolant analysis sampling kit per Operator's Manual recommendation v. Coolant per Operator's Manual recommendation
vi. Compressor inlet valve rebuild kit (Oil free fixed speed rotary units only) vii. Compressor discharge check valve rebuild kit (Oil free units only) viii.Blow down valve rebuild kit (Oil free fixed speed rotary units only) b.Compressed Air Dryer Scope (only if listed in Section A. Equipment) i. Dryer panel filter (Refrigerated dryers only)
ii. Desiccant dryer mufflers (desiccants dryers only)
c. Accessories (only if listed in Section A. Equipment) i. Inline filter elements
ii. Oil water separators adsorption modules
3. Maintenance. The Agreement will provide the required planned maintenance parts for your air compressor systems. The Agreement assures that factory recommended parts area provided on internals consistent with the manufacturer's recommendations for your covered equipment. ..
Item 7 Page 8 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
9 4. PartsCARE Program Pricing ("Services Fees")
Term Year Year #1 Year #2 Year #3 Year #4 Year #5
Annual Price $5,754.24 $5,926.87 $6,104.67 $6,287.81 $6,476.45 Shipments/Year22222
5. INVOICING: Purchaser shall pay to Company the Service Fees in the amounts set out above in Section C. Invoicing of the Agreement will start in the month of the Effective Date of this Agreement. The invoicing frequency will be in semiannual installments with the amount of each invoice determined by dividing the annual pricing per year, by the billing frequency selected. Customer will pay all invoices within thirty (30) days from the date of invoice.
6. GENIUNE PARTS: Purchaser agrees to only use genuine Ingersoll Rand parts and lubricants or Ingersoll Rand approved parts for alternative manufacturers where applicable.
7. AGREEMENT TERM AND TERMINATION: This Agreement will remain in effect for the Term listed above unless it is cancelled in writing by either party with a thirty (30) day prior written notice without need to establish a cause for termination.
8. TERMINATION EFFECTS: If this Agreement is terminated by either party prior to the end of the Term, Purchaser shall make a payment as liquidated damages (but not penalty) to the Company within thirty (30) days from the date of such termination equal to the list price of all activities performed and parts provided prior to the Agreement termination minus fees paid.
REMAINDER OF PAGE INTENTIONALLY BLANK
..
Item 7 Page 9 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
10 6 Additional Terms and Conditions
Additional Terms and Conditions
1. GENERAL: The Terms and Conditions outlined herein shall apply to the services provided by (hereinafter referred to as Company) of maintenance or repair work or the sale of parts thereunder. No additional or contrary terms shall be binding upon the Company unless agreed to in writing.
2. SCHEDULE DATES & DELAYS: Schedule dates are approximate and neither party shall be liable for loss, damage, or delay due to war, riots, fire, flood, strike or other labor difficulty, acts of civil or military authority including governmental laws, orders, priorities or regulations, acts of the other party, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, faulty forgings or castings, or other causes beyond the reasonable control of such party. In the event of delay in performance due to any such cause, the schedule dates or time for completion will be adjusted to reflect the actual time as may be necessary to properly reflect the delay. The Purchaser's receipt of services or parts shall constitute a waiver of any claims to delay.
3. ASSIGNMENT: Neither party will assign or transfer this contract without the prior written consent of the other, and such consent will not be unreasonably withheld. In the event Buyer sells all or a substantial portion of its assets to another entity (the “Successor”) without prior consent and the business previously conducted by Buyer is or may be continued by the Successor, Buyer shall be liable for and shall pay on demand the amount of all accounts receivable due by Successor to Company arising from the date of such sale of assets to the date Company learns of such asset sale.
4. TAXES: The prices do not include any present or future Federal, State or Municipal sales, use, gross receipts, property, or other similar type tax with respect to any material, erection equipment or services covered hereby. If the Company is required by applicable law or regulation to pay or collect any such type tax or taxes on account of this transaction or the material or equipment or services covered hereby, then such amount of tax shall be paid by the Purchaser in addition to the prices herein provided for.
5. INSURANCE: With respect to the performance of repair work at Purchaser's facility, the Company's personnel shall be properly covered with insurance in the areas of Worker's Compensation, Public Liability and Automobile Insurance where the use of a vehicle is required. A certificate confirming this insurance coverage is obtainable upon request. To the extent any loss and/or damage is recoverable by insurance proceeds under Purchaser's insurance policies, Purchaser waives its and its insurers' rights to recover for such loss and/or damage against the Company.
6. WARRANTY: The Company warrants that parts manufactured by the Company and furnished under this contract, will be free of defects in material and workmanship for a period of six months from the date of installation, inclusive of transportation and installation costs if installed by the company or authorized distributor (or six months from date of delivery exclusive of transportation and installation costs if not installed by Company), and at its option, shall either repair or replace such parts, provided the Purchaser promptly notifies the Company of defects therein, within said period. The Company makes no performance warranty and the effects of corrosion, erosion and normal wear and tear are specifically excluded from the Company's warranty.
THE COMPANY MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF
TITLE, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
7. LIMITATION OF LIABILITY: The remedies of the Purchaser set forth herein are exclusive, and the liability of the Company with respect to this contract or the services or parts furnished under this contract shall not exceed the contract price of such services or the part upon which such liability is based. The Company and its suppliers or subcontractors shall in no event be liable to the Purchaser, any successors in interest or any beneficiary of this contract for any consequential, incidental, indirect, special or punitive damages arising out of this contract or any breach thereof, whether based upon loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss by reason of shutdown or non-operation, increased expenses of operation, cost of purchase of replacement power or claims of Purchaser or customers of Purchaser for service interruption, whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise.
8. NUCLEAR LIABILITY: In the event that the services or parts furnished hereunder are to be used in a nuclear facility, the Purchaser shall, prior to such use, arrange for insurance or governmental indemnity, protecting the Company against liability and hereby releases and agrees to indemnify the Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of the Company or its suppliers.
9. GOVERNING LAW: The rights and obligations of the parties shall be governed by the laws of the State of North Carolina excluding any conflicts of law provisions. The United Nations convention on contracts for the international sale of goods shall not apply to this Agreement. ..
Item 7 Page 10 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
11 10. SAFETY: Purchaser shall provide to the Company safe access to the Equipment, and a safe and adequate place in which to perform the services. Company reserves the right to refuse service if, in the sole discretion of its employee, performing such service would be unsafe.
11. SITE ASSISTANCE: Purchaser is responsible for providing reasonable access to the machinery. The Purchaser will provide, at their expense, permanent or temporary (e.g. forklift, “A” frame, etc.) means to facilitate the lifting of Equipment components as necessitated to perform Services. Assumption that one (1) certified company technical service representative will be performing required services. Purchaser agrees to supply additional manpower where lifting assistance or ‘another set of hands’ is required to perform the services included herein.
12. INGERSOLL RAND REMOTE ASSET MONITORING. For all equipment covered under this agreement, remote monitoring may be required by the Company to enhance response time and enable remote diagnostics. Upon written request by the Company, Customer agrees to allow the Company to install connectivity device(s) on the covered equipment and transmit equipment operational data ONLY over a cellular broadband network. Customer further agrees to allow the mounting of cellular antenna(s), either on the equipment or on the exterior of the facility, as required to achieve communication signal strength. Company device and antenna installations shall be not be intrusive to customer systems, processes or aesthetics. If the necessary permission is not provided within ninety (90) days of the written notice, Company may adjust Agreement pricing at its sole discretion, to reflect higher maintenance and agreement management costs.
13. CREDIT TERMS
a. Payment. Buyer shall pay the amounts due and owing to Company identified on each invoice in full and in accordance with the terms specified on each invoice.
b. Invoice Disputes. Buyer shall notify Company in writing of any dispute with any invoice (along with substantiating documentation) prior to the invoice due date. Invoices for which no such timely notification is received shall be deemed accepted by Buyer as true and correct. The parties shall seek to resolve all such disputes expeditiously and in good faith. Should any dispute arise with respect to any goods delivered by Company to Buyer, Buyer shall nevertheless pay all invoices covering goods not in dispute, without setoff, defense or counter-claim.
c. Late Payments. On any invoice not paid when due, Buyer shall pay a late charge from the due date to the date of actual payment at the lesser of the simple interest rate of 12% per annum calculated monthly or the highest rate permissible under applicable law.
Buyer shall reimburse Company for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms and Conditions or at law (which Company does not waive by the exercise of any rights hereunder), Company shall be entitled to suspend the delivery of any goods if Buyer fails to pay any amounts when due. d. Acceleration. Should Buyer fail to make any payment required hereunder, Company may, without notice, declare all obligations of Buyer to Company (“Obligations”) immediately due and payable, whether or not such late charges are included in any statement of account rendered by Company to Buyer.
e. No Partial Payments. Buyer irrevocably agrees that it will not, without Company’s prior written consent in each instance, tender any payments for less than the full amount of the invoices to which said payment applies (“Partial Payments”). Any Partial Payments tendered by or for the account of Buyer shall not extinguish or otherwise affect any unpaid portion of the subject invoices, despite any notation on or accompanying said payment such as “in full payment,” “in full satisfaction,” or words of similar effect. f. Sufficient Funds. Buyer represents that all checks issued to Company will be honored by the drawee bank, and that no checks will be so issued unless Buyer then has funds on deposit in an amount sufficient to cover all checks issued by Buyer. Buyer acknowledges that this representation will be materially relied upon by Company in extending credit to Buyer. g. Right to Set Off. Any payment received by Company from Buyer may be applied by Company against any obligation owing by Buyer to Company, regardless of any statement appearing on or referring to such payment, without discharging Buyer’s liability for any additional amounts owing by Buyer to Company. The acceptance by Company of such payment shall not constitute a waiver of Company’s right to pursue any remaining balance. With respect to any monetary obligations of Company to Buyer, including without limitation, volume rebates and advertising rebates, Company may, at any time, setoff and appropriate and apply such amounts against any sums that are, or will become, owing, due or payable to Company by Buyer under these Terms and Conditions or any other agreement.
h. Non-Discrimination. Where applicable, the Federal Equal Credit Opportunity Act prohibits creditors from discrimination against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because of all or part of the applicant’s income derives from any public assistance programs; or because the applicant has in good faith exercised any right under the Consumer Protection Act. The federal agency that ..
Item 7 Page 11 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
12 administers compliance with this law concerning the creditor is the Federal Trade Commission, Washington, D.C.
14. FINANCIAL CONDITION OF BUYER
a. Receipt of Goods While Insolvent. In the event that Buyer receives any goods from Company while Buyer is insolvent (as such term is used in 2702 of the Uniform Commercial Code, United States of America), this writing and the invoices received from Company relating to such goods shall constitute Company's demand for reclamation of such goods. b. Withdraw of Credit Approval. Company reserves the right before shipment of any goods ordered by Buyer from Company, to require that all or a portion of the purchase price relating thereto be paid to Company, in good funds, prior to shipment. c. Material Adverse Change in Financial Condition. Notwithstanding the stated due date of any obligations, all Obligations shall become immediately due and payable, without notice, in the event that Company determines there to have been a material adverse change in the financial condition or business affairs of Buyer so that in Company's reasonable judgment Buyer's ability to pay the Obligations has become impaired.
d. Verification of Credit References. Company is authorized to contact any credit references provided by Buyer, and to disclose any information reasonably necessary to determine Buyer's credit worthiness. Company is also authorized to obtain personal credit reports on any partner, principal, officer, or potential guarantor in determining Buyer’s creditworthiness. Company may also disclose any information concerning its relationship with Buyer which is requested by anyone identifying themselves as an existing or potential creditor of Buyer.
e. Disclosure of Buyer’s Right to a Statement of Reasons for Action. If this application is not approved in full or if any other adverse action is taken with respect to Buyer’s credit, Buyer has the right to request within sixty (60) days of Company’s notification of such adverse action, a statement of specific reasons for such action, which statement will be provided within thirty (30) days of said request.
City of Vernon
Authorized Customer Representative Authorized Service Provider Representative Signature {{Sig_es_:signer1:signature}} Signature {{Sig_es_:signer2:signature}} Name {{N_es_:approver1:fullname}} Name {{N_es_:signer2:fullname}} Title {{*Ttl_es_:signer1:title}} Title {{*Ttl_es_:signer2:title}} Effective Date {{Dte_es_:signer1:date}} Date {{Dte_es_:signer2:date}} P.O # {{d_es_:signer1:string}}
PRT90 PRT90 PRT90 ..
Item 7 Page 12 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
13 7 Additional Terms and Conditions Exhibit B
ExhibitB
8 Ext ended Coverage
Extended Coverage
This agreement sets forth terms and requirements for Extended Coverage for the equipment listed below for up to the defined Coverage Term found in the Extended Coverage Program Summary:
EQ# Equipment Model # Equipment Serial # Equipment Start Date
1 H100A TBD 01/01/2025
Extended Coverage Program Summary: All standard Ingersoll Rand warranty terms apply. THERE ARE NO OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND OF FITNESS FOR PURPOSE. The Company makes no performance warranty and the effects of corrosion, erosion and normal wear and tear are specifically excluded from coverage.
Contact Cooled Rotary Screw Compressor • PartsCARE Agreement Coverage: Airend / Standard Freight • PlannedCARE Agreement Coverage: Airend / Repair Labor / Standard Freight • Coverage Term: 120 months from date of certified startup and not to exceed 126 months from factory shipment date • Exclusions: Airend Shaft Seal / Gears / Pulleys / Labor / All parts not listed in the Coverage section above.
Plant Air Centrifugal: New Unit & Remanufacture Airend • Coverage: Impeller / Pinion / Diffuser / Bull Gear (New Units & REMAN units if included in REMAN scope) / Airend & Bull Gear Bearings & Seals / Ingersoll Rand Onboard Controller (New Units Only) / Standard Freight. • Coverage Term: 60 months from date of certified startup and not to exceed 66 months from factory shipment date • Exclusions: Labor / All parts not listed in the Coverage section above.
Refrigerated Air Dryer • Coverage: Refrigerant Compressor / Condenser Coil / Aluminum Heat Exchanger / Controller / Glycol Pump (where applicable) / Cast or Fabricated Compressed Air Filter Housing / Hot Gas Bypass valve(s) / Standard Freight • Coverage Term: 60 months from date of certified startup and not to exceed 66 months from factory shipment date • Exclusions: Refrigerant charges/ leaks/ non-standard controls/ labor/ installation / all parts not listed in the Coverage section above.
Desiccant Air Dryer • Coverage: Pressure Vessel Tanks / Switching Valve Bodies / Standard Controller / Inline Filter Cast Body / Diffusers / Heaters (where applicable) / Blower (where applicable) / Standard Freight • Coverage Term: 60 months from date of certified startup and not to exceed 66 months from factory shipment date ..
Item 7 Page 13 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
14 • Exclusions: Non-standard controllers, blower motor, replacement desiccant, blower inlet filter and housing, filter elements, mufflers/ labor/ installation/ desiccant/ all parts not listed in the Coverage section above.
In order to receive coverage hereunder the Customer must provide and adhere to Program Requirements listed below. The warranty will be void in the event Customer does not follow these requirements or has a change in site or equipment conditions outside of those stated in the operator’s manual for the proper equipment operation.
Program Requirements
General Requirements: • Genuine Parts: Customer must only use genuine Ingersoll Rand parts and lubricants for the duration of the coverage. • Compressor Service: Customer agrees to have the Authorized Ingersoll Rand Service Technician perform all maintenance and diagnostics for the period of extended coverage.
• Equipment Condition: Any services provided prior to coverage must have been performed using genuine Ingersoll Rand parts and to the prescribed service recommendations listed in the operator’s manual. • Site Air Quality: Site Air Quality includes both the particulate and chemical conditions in the ambient air surrounding the compressor system, as well as the air where the compressor intake will be located. Ingersoll Rand reserves the right to verify these parameters using silver and copper air quality coupon testing, analysis of the compressor condensate and other particulate measurement methods.
• Coolant Sampling (Compressors Only): Coolant sampling must be performed by a certified Ingersoll Rand laboratory every 2,000 hours of operation or six (6) months, whichever occurs first. • Airend Vibration Monitoring (Rotary Units Only): Vibration monitoring must be performed by the Authorized Ingersoll Rand Service Technician every 2,000 hours of operation or six (6) months, whichever occurs first.
Plant Air Centrifugal Specific Requirements • Air Quality Analysis: A base line Air Quality Analysis must be performed and registered with Ingersoll Rand within six (6) months from certified start-up of each covered air compressor. • CDS Analysis: A base line analysis must be performed and registered with Ingersoll Rand within six (6) months from certified start- up for each covered air compressor and then every twelve (12) months.
Compressed Air Dryer Specific Requirements • Genuine Ingersoll Rand Filtration: Customer must install and maintain appropriately sized pre/ post -filtration to the compressed
air entering and exiting the dryer. Filter elements for said filters must be changed every 12 months. • Refrigerant Checks: All refrigerated dryers must be inspected for the proper refrigerant charge level, at least once per twelve- month period, by a technician who is certified to check and handle refrigerant. Recommendations by the certified technician to add refrigerant in order to maintain appropriate levels must be followed for the duration of the extended coverage. • Desiccant Sampling: Desiccant analysis must be performed by a certified Ingersoll Rand laboratory every 4000 hours or 12 months, whichever occurs first. ..
Item 7 Page 14 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
15 IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed, in duplicate, by its duly authorized representative. The individual executing below on behalf of the Customer warrants that it is an authorized representative and has the ability to bind the Customer to the terms of this Agreement.
Authorized Service Provider Representative
City of Vernon
Authorized Customer Representative
By (Signature) {{Sig_es_:signer2:signature}} By (Signature) {{Sig_es_:signer1:signature}} Name (Printed) {{N_es_:signer2:fullname}} Name (Printed) {{N_es_:approver1:fullname}} Title {{*Ttl_es_:signer2:title}} Title {{*Ttl_es_:signer1:title}} Date {{Dte_es_:signer2:date}} Date {{Dte_es_:signer1:date}} ..
Item 7 Page 15 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
16 1Attention: Efren Peregrina City of Vernon
4963 S Soto St
VERNON, CA 90058
Re: Purchase Order/Invoice Acknowledgement
Description of Service Agreement: CARE Agreement
Purchase Order Number: {{*pO1_es_:signer1:PO}}
____________________________________________________
Purchase Order Expiration Date: {{*Date_es_:signer1:PO_date}} ____________________________________________________
Payment Terms: NET 30
____________________________________________________
Bill To Name & Address:
(If Different Than Ship To)
CITY OF VERNON, 4305 SANTA FE AVE 4305 SANTA FE AVE
VERNON, CA, 90058
Bill To Contact Name: Efren Peregrina
Bill To Phone Number: (323) 583-8811 x355
This is to acknowledge that we are in receipt of the electronic/verbal Purchase Order referenced above. Ingersoll-Rand Industrial U.S., Inc. policy states that we must have a hard copy customer purchase order on file for all CARE agreements. Please forward such hard copy purchase order to my attention. If you are unable to provide such, we request that you sign this letter and return to my attention. Once I receive this signed letter, I can then proceed with processing the CARE Agreement. The execution of the service is governed solely by the Terms & Conditions in the CARE agreement attached hereto.
Company Name: City of Vernon
Signature: {{*Sig_es_:signer1:signature}}
____________________________________________________
Printed Name: {{*N_es_:approver1:fullname}}
____________________________________________________
Title: {{*Ttl_es_:signer1:title}}
____________________________________________________
Date: {{Dte_es_:signer1:date}}
____________________________________________________
..
Item 7 Page 16 of 17
Andrew Boyer
(310) 629-5751
[email protected]
City of Vernon
Quote Reference
#CTS-291252
17 We would like to take this opportunity to thank you for your valued order. If you have any questions, please feel free to call. ..
Item 7 Page 17 of 17
City Council Agenda Report
Meeting Date: December 3, 2024
From: Todd Dusenberry, General Manager of Public Utilities Department: Public Utilities
Submitted by: Efren Peregrina Renteria, Procurement Specialist Subject
Purchase Order with Donaldson Company, Inc.
Recommendation
A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use;
B. Find that the best interests of the City are served by a direct award of a Purchase Order to Donaldson Company, Inc. (Donaldson), without a competitive selection process pursuant to Section 3.32.110 (B)(2) of the Vernon Municipal Code (VMC); and C. Approve the issuance of a Purchase Order with Donaldson in an amount not-to-exceed $106,106.04 for the purchase and delivery of Combustion Turbine (CT) air inlet filters at the Malburg Generation Stations (MGS).
Background
MGS employs high-efficiency particulate filtration to eliminate impurities from the combustion air entering the CTs, similar to the function of an automobile air filter. The replacement of these filters is determined through a condition-based analysis that assesses efficiency degradation throughout their operational lifespan. Recent evaluations of these air inlet filters suggest that they will likely require replacement during the MGS December 2024 Outage, scheduled from December 2nd through December 14th. Inadequate filtration of incoming air has previously been associated with severe turbine failures. Effective air filtration is crucial, not only for maintaining efficiency but also for ensuring the ongoing operational reliability of the CTs. Over time, air inlet filters deteriorate as airborne particulates accumulate and obstruct the filtration system, leading to decreased efficiency of the CTs. Consequently, when the filtration system fails to operate at its optimal capacity, MGS consumes more fuel, which drives the CT towards a differential pressure setpoint across the inlet and outlet of the air inlet filter, ultimately resulting in a significant decrease in output or a complete shutdown of the CT.
MGS has utilized three distinct mainstream air inlet filter brands over the last nine years, namely GORE, American Air Filter, and Donaldson. Throughout this timeframe, operational data was gathered for each brand, focusing on efficiency analysis and lifespan metrics. A fourth contender, Camfil Farr, sought to enter the market at MGS and employed an instrumented test trailer onsite to evaluate their filters against those of GORE, American Air Filter, and Donaldson. The testing was overseen by the Plant Engineer at MGS. The results indicated that the Donaldson air inlet filter outperformed the other brands in terms of efficiency and durability. With a legacy of over 100 years, Donaldson stands as one of the foremost providers of specialized filtration technologies and high-quality air inlet filters and components. As a result, they have been the exclusive supplier of CT air inlet filters to MGS for several years, owing to their superior filter performance.
The proposed Purchase Order with Donaldson can be exempt from the competitive selection process pursuant to Section 3.32.110 (B)(2) if a direct award is found to be in the best interests ..
Item 8 Page 1 of 2
of the City. VMC Section 3.32.110(B)(3) indicates that the City Council has the authority to make such a finding when the proposed contract exceeds $100,000. The City’s best interests are served by a direct award based on Donaldson’s demonstrated expertise and their ability to provide the necessary services in a manner that will not affect plant operation. Air inlet filters from Donaldson are of superior quality, lasting on average about five years in comparison to other filters that only last up to 12 months, which will result in cost savings for the City. While air inlet filter performance and cycles are generally driven by local air quality, which can vary significantly depending on projects affecting the air quality surrounding the power plant, Donaldson’s air inlet filters continuously provide outstanding lasting performance.
In an effort to obtain a competitive price for the City, staff researched vendors that sell Donaldson CT air inlet filters. The following five (5) vendors provided informal quotes.
1. Donaldson: $106,106.04 (includes taxes and freight)
2. Pure Process Filtration Inc.: $113,291.78 (includes taxes and freight)
3. Power Flow Fluid Systems: $124,937.08 (includes taxes and freight)
4. MRC Global: $143,262.50 (includes estimated taxes and freight)
5. Sun Source: $185,106.00 (includes taxes and freight) Donaldson provided the lowest quote. Donaldson not only offers a competitive price but has also demonstrated a lifespan that can exceed that of its competitors by a factor of up to three.
Therefore, staff recommends approval of a Purchase Order with Donaldson, in an amount not to exceed $106,106.04, for the proposed purchase of the CT air inlet filters needed at MGS, as Donaldson’s products continuously prove superior in performance while also providing the least cost solution. Pursuant to VMC Section 3.32.030(A), City Council approval is required as the total value of the Purchase Order requested exceeds $100,000.
Donaldson’s terms and conditions have been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact
Approval of this action would require an appropriation of $106,106.04 to Electric Fund Budget, Malburg Generation Station, Repairs and Maintenance, Account No. 055-050-586-529000 for the current fiscal year from available Electric Fund Balance.
Attachments
1. Donaldson Company, Inc. – Quote
2. Pure Process Filtration Inc. – Quote
3. Power Flow Fluid Systems – Quote
4. MRC Global – Quote
5. Sun Source – Quote ..
Item 8 Page 2 of 2
Donaldson Company, Inc.
1400 W 94th Street
Bloomington, MN 55431
Tel +1 (952) 887-3131
Fax +1 (952) 887-3155
Quotation# QUO-119734-
L3C4H1
Revision#3
Date 11/6/2024
Project Reference W 240823 AW City
of Vernon Unit 2
Filters.3
Currency USD
Company MALBURG GENERATING STATION
Attention ADRIANO MARKI
Address 4963 S SOTO ST
VERNON, CA
90058
Phone 714
-658-1457
Email [email protected]
Row Part Number Description Net Price Quantity Amount 1 P039667-016-190 CYLINDRICAL ER5W5P1 FILTER 26"L G60 BOX 262.00 156.00 40,872.00 Notes : Lead Time: 108 in stock; 10 weeks if not in stock 2 P039668-016-190 CONICAL ER5W5P1 FILTER 26"L G60 BOX 334.00 156.00 52,104.00 Notes : Lead Time: 1700 in stock; 10 weeks if not in stock 3 Estimated Tax 10.25% 9,530.04 1.00 9,530.04 4 Estimated Freight 3,600.00 1.00 3,600.00 Total 106,106.04
Unless you have an agreement signed by an authorized representative of Donaldson, this order is expressly limited to and conditioned upon customer’s acceptance of Donaldson’s Terms of Sale (“Terms”), a current copy of which is located at termsofsale.donaldson.com. These Terms are incorporated herein by reference.
By placing and/or paying for an order, Customer accepts these Terms. If you need a reprint of the Terms in place at the time of Order, Please contact us.
Effective From 11/6/2024
Effective To 2/6/2025
Shipping Method Prepay & Add
Payment Terms NET 30
Freight Terms Origin
Shipping Location Greeneville, TN, USA
Sales Rep Contact Information
Contact: Allyse Wilcox
Title: Territory Manager Sr
Phone: +19528873590
Email: [email protected] ..
Item 8 Page 1 of 1
[Type here]
11582 Markon Drive| Garden Grove CA| 92841
Office: 714.891.6527| Fax: 714.373.1561
pureprocessfiltration.com
[email protected]
October 31, 2024
Jeff Fraga
City Of Vernon Public Utilities -MGS
4963 Soto Street
Vernon, CA 90058
Qty Part# Description Unit Price Ext Price__
156 P039667-016-190 CYLINDRICAL ER5W5P1 FILTER 26"L G60 BOX $280.47 $43,753.32 156 P039668-016-190 CONICAL ER5W5P1 FILTER 26"L G60 BOX $357.31 $55,740.36 Sub Total $99,493.68
Tax (10.25%) $10,198.10
Shipping $3,600.00
Total $113,291.78
Lead Time:8-10 weeks ARO plus shipping, possibly sooner FOB: Minneapolis, MN
Terms: Net 30
Valid: 1/30/2025
Sincerely,
Mike Champion
Account Representative ..
Item 8 Page 1 of 1
Date: 10/31/24 3:39PM QUOTATION PAGE:
1 OF1
00716571 *QT716571*
ORDBY
Payment Terms FOB
To Be Determined at Time of Order Shipping point SHIPTO Quote From:
Cust PO:
PowerFlow Fluid Systems
100 SW Scherer Road
Lee's Summit MO 64082-2000
USA
CITY OF VERNON CALIFORNIA
VERNON PUBLIC UTILITIES
4963 S. SOTO ST.
VERNON CA 90058
USA
CITY OF VERNON CALIFORNIA
VERNON PUBLIC UTILITIES
4963 S. SOTO ST.
VERNON CA 90058
USA
Mark #:
Quote Date
10/31/2024
Sell Loc: PF10 Quote Donaldson Filters
Freight Terms
Prepaid & Add
LINE
DESCRIPTION UOM
ITEM / QUANTITY NET UNIT PRICE
DISCOUNT EXTENDED PRICE
UNIT PRICE
0010 P039667-016-190 156.00 308.2500 308.2500
DONALDSON TURBO-TEK H2O+ CYLIND
ER5W5P1
EA 48,087.00
0020 P039668-016-190 156.00 392.7000 392.7000
DONALDSON TURBO-TEK H2O+ CONICAL
ER5W5P1
EA 61,261.20
0030 OBF 1.00 3,973.4100 3,973.4100
Outbound Freight Charges EA 3,973.41
OUTBOUND FREIGHT VIA FULL TRUCKLOAD 53' TRAILER
DELIVERY 10 - 12 WEEKS ARO
Total Price 113,321.61
Estimated Tax
TOTAL
11,615.47
124,937.08
Sales Rep(s): Pat Caton
Questions? Phone: 816-531-3800 Robbie Merriman - [email protected] Fax: 816-531-3806 ..
Item 8 Page 1 of 1
MRCGlobal -------------------TM
HOUSTON MRO SALES
1801 SOUTH 16TH STREET
LA PORTE TX 77571
MRCGO WESTERN REGION
MRCGO
CASH SALES - TAXABLE
SHAFTER CA 93263
Account: 11919 9995
CITY OF VERNON
MALBURG GENERATING STATION
4305 S.SANTA FE AVE
VERNON CA 90058
Quotation
4772603
Page .:1
� WA.RNt.lG:Thisproductcane,:pose
�utoche_rricals_incUding l?ad and,br
vmyichbri:le.■h1ch areknownto1he
State of California to cause cancer and
birth defects or other reproductive
harm. For rrore informrtion, visit
httpi-'- ww .N!5\/I.Qrni1gs.ca.gov
Terms and Conditions: This Quotation is valid for (7) days unless otherwise stated. Pricing is based on receipt of complete order quoted, selective purchasing may affect individual costs. This Quotation is not a contract and is subject to prior sale. If during the validity period any items listed have been sold, MRC Global reserves the right to revise prices, quantities, shipment dates or issue a new quotation. If a Purchase Order issued pursuant to this Quotation is governed by an existing contract, the terms of such contract shall apply. Otheiwise, the Purchase Order shall be subject to and governed by the most recent version of MRC Global's General Terms and Conditions of Sale@ https://www.mrcglobal.com/Terms-and-Conditions.
Inquiry:
Contract Release:
Quote Date: 11/04/24
Customer Contact: JEFF FRAGA
Phone/Fax: 661-393-3033
MRC Global Contact: FRED THOMPSON
Payment Terms: CASH IN ADVANCE
Carrier: UPS GROUND
Phone/Fax: 661-393-3033 I 661-393-1862
Email: [email protected]
Freight Terms: SUBJECT TO FRT FEES
............. :.:
ire ........... , e lfliitq wwf�liMH ::::::::::::::::::j:friJWte :::::::::::::::::::' :::::::::::::::::::
@::,.t:-=.ufi§ :::::::::::::::::::' :::::::::::::::::::::Nt1te :::::::::::::::::::::
'
0001 9940-XXXX 156.0000 EA 354.05
00000 DONALDSON CYLINDRICAL ER5W5Pl FILTER 26"
L G60 BOX,P/N:P039667-016-190
0002 9940-XXXX 156.0000 EA 451.05
00000 DONALDSON CONICAL ER5W5Pl FILTER 26"L
G60 BOX, P/N:P039668-016-190
Estimated Tax: $12,873.55
Estimated Freight: $3,793.35
Estimated Grand Total: $143,262.50
*TOTAL AMOUNT*
LEAD TIME: 8-10 WEEKS SHIP FACTORY
MROAQF (Rev 02121)
125,595.60
55231.80 11/04/24
70363.80 11/04/24
..
Item 8 Page 1 of 1
QUOTE - PAGE 1
DATE:
TO:
Rev #
Please reference the SunSource quote # on your purchase order Line
Item#
Qty
Qty
Brk
Description
Expected
Delivery Net Price/Ea
Extended
Value
1 156 P039667-016-190 CYLINDRICAL ER5W5P1 FILTER 26"L G60 BOX 12WKS $463.00 $72,228.00 2 156 P039668-016-190 CONICAL ER5W5P1 FILTER 26"L G60 BOX 12WKS $590.00 $92,040.00 3 1 TAX 10.25% $16,838.00 $16,838.00 4 1 FREIGHT ESTIMATE $4,000.00 $4,000.00 $185,106.00
SHIPPING TERMS: prepay/add
NET 30 DAYS, SUBJECT TO CREDIT APPROVAL
NOTES/SPECIAL INSTRUCTIONS: estimating tax and freight per vendor quote 10/30/24
TERMS AND CONDITIONS OF SALE AND WARRANTY
TOTAL VALUE
PAYMENT TERMS:
DONALDSON
PLEASE DIRECT ORDER TO:
Quote#: QUO-127119-H3P2Y4 103024-KAH
SunSource - DVC
2119 SE COLUMBIA WAY
VANCOUVER, WA 98661
800-444-4946
10/30/2024
CITY OF VERNON
4963 SOUTH SOTO STREET
VERNON, CA 90058
ATTN: JEFF FRAGA
Unless otherwise noted, prices are valid for 30 days. Ship dates subject to inventory availability at the time purchase order is received. All products are non-cancelable/non- returnable unless otherwise agreed upon. All returns are subject to restock charges, and will require an authorization prior to being sent back in original and unused packaging. Additional surcharge(s) may apply and will be applied at the time of shipment. Please note that due to factors with the potential to create cost changes, prices are subject to change without notice. Items will be invoiced at the prices in effect at the time of shipment. All sales are subject to the SunSource Terms and Conditions of Sales and Warranty available at www.sun-source.com/terms-and-conditions.pdf.
Kim Hammerschmith 10/30/24
Bill Foy
___________________________________________________ __________ ________________________________________________ __________ Authorized SunSource Representative Date Authorized Customer Representative Date DOC ID: SUN-01
..
Item 8 Page 1 of 6
QUOTE - PAGE 2
GENERAL - These terms and conditions of sale and warranty, and the SunSource Quote or Order Acknowledgement to which they have been incorporated by reference, shall constitute the final, complete and exclusive statement of this contract and may not be modified or rescinded, except by a written instrument signed by the parties. As an offer, the SunSource Quote or Order Acknowledgement expressly limits acceptance to these terms and conditions. As an acceptance of the Purchaser’s offer, this acceptance is expressly conditioned on the Purchaser’s assent to any additional or different terms contained herein. As a confirmation of an existing contract, the parties agree that the SunSource Quote or Order Acknowledgement and these terms and conditions of sale and warranty constitute the final, complete and exclusive terms and conditions of the contract between the parties. Any varying, differing or additional terms and conditions contained in the Purchaser’s purchase order, request for quotation or elsewhere in any other document shall not be binding upon STS Operating, Inc. d/b/a SunSource (the “Seller”).
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY – (a) SELLER
EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE. (b) Seller hereby assigns to Purchaser any rights it may have under any warranty extended by a third party covering a product or component sold by Seller to Purchaser. Materials manufactured by others and resold by Seller do not carry any additional warranty by Seller. (c) Seller shall not be liable under any circumstances for consequential, incidental, indirect or remote damages. No claim by Purchaser hereunder, whether relating to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect to which such claim is made. (d) Any “custom conversion” or adaptation hereunder is pursuant to the Purchaser’s specific request, and the Seller shall bear no risk of loss resulting therefrom. (e) Seller’s warranty shall not apply to any product or component which has been repaired, modified or altered outside of Seller’s locations in any manner or has been installed or used in a manner contrary to the original manufacturer’s printed instructions. In the event Purchaser modifies the goods sold hereunder without the express written consent of Seller, Purchaser agrees to indemnify and hold Seller harmless from any and all claims, demands, actions or causes of action or costs or expenses incurred thereby. (f) Purchaser is solely responsible for the design, selection and application of fabricated equipment, products, components and materials purchased from Seller. Any drawings, specifications, or information prepared by or furnished by Seller are for reference purposes only, and Seller makes no warranty or representations concerning the accuracy of such materials or information. Seller has no responsibility for the design, selection and application of products, components and materials purchased by Purchaser. (g) The foregoing limitations on Seller’s liability shall also be the absolute limit of Seller’s liability for negligence or defect in the manufacture, installation or other action with respect to the articles sold hereunder. (h) Seller has made preliminary tests of any software included within this order, to assure that any computer programs and documentation, part programs, programming manuals and the like (herein called “Software Materials”) supplied to Purchaser are operative for the purposes intended.
However, because users of Software Materials may employ them in applications outside the scope of those originally contemplated, and because defects in Software Materials cannot with absolute certainty be detected and removed prior to actual machine or equipment operation, within six months from the date of delivery to Purchaser of any item of Software Materials, Seller will supply free of charge a corrected version of that item under the following conditions: (i) only if the Purchaser provides Seller with a detailed description of the problem or difficulty which has been experienced and (ii) only if the correction does not entail the creation of new Software Materials to serve a function not intended to be served by the original Software Materials. Purchaser shall have no rights under this subparagraph in the event if any changes are made or attempted to be made, in any Software Materials by Purchaser. (h) Any fabricated product or fabricated part thereof covered by this quotation which, under normal operating conditions on the part of the Purchaser proves defective in material or workmanship within one (1) year from the date of shipment by Seller, as determined by an inspection by Seller, will be replaced or repaired, at Seller’s option, at Seller’s facility, free of charge provided that Purchaser promptly sends to Seller notice of the defect and establishes that the product has been properly installed, maintained and operated within the limit of rated and normal usage. This warranty, as it relates to electronic control units, only applies if the Purchaser has in its employ qualified maintenance personnel. If Purchaser ships or requests that Seller ship electronic control console units by other than air-ride common carrier truck, all warranties relating thereto shall be void. Components purchased by Seller are warranted by and in accordance with the individual manufacturer’s warranties, if any, not those of Seller. If an article is claimed to be defective in material or workmanship or not to conform to specifications, Seller, on written notice, shall at Seller’s option either examine the article at its site or issue authorization for return to Seller. In the event such article is returned to Seller, IL 60101. Any such notice, if so mailed, shall be deemed to have been received on the third business day following such mailing. Either party hereto may change its address for notice purposes by written notice to the other party. (d) The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions.
INDEMNIFICATION – (a) Purchaser agrees to defend, indemnify and hold harmless the Seller, its parent and affiliates, and their officers, agents and employees, against all claims, losses, expense and causes of action of every kind, made or asserted by any third party arising out of, or in connection with this Agreement or the article(s) sold hereunder. (b) Purchaser agrees to indemnify Seller for all costs incurred by Seller, including legal fees and court costs, as a result of any claim brought against Seller arising from Purchaser’s conduct, including, but not limited to, Purchaser’s misuse of the product or, for any custom-designed product, design decisions or product choices made by Purchaser.
WAIVERS –
(a) Purchaser hereby waives, for itself and for any and all persons who may assert a claim or lien in Purchaser’s place or stead, whether by subrogation or otherwise, any and all liens or claims of lien against the Seller for payments made by Purchaser’s Workman’s Compensation insurance carrier to Purchaser’s employees for injuries alleged to have been caused by any article sold hereunder. (b) Purchaser hereby waives, for itself and for any and all persons who may assert a claim or lien in Purchaser’s place or stead, whether by subrogation or otherwise, any and all claims against Seller for contribution or for indemnity, whether such claims arise under contract, statute, common law, or otherwise.
TAXES - All applicable federal, state or local sales, use, occupational, excise, export, import or like taxes now in force or enacted in the future are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the reverse side of this document. Unless otherwise specifically stated, Seller shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
PAYMENT TERMS, UNLESS OTHERWISE STATED ON REVERSE SIDE - (a) As determined by Seller’s credit department. (b) F.O.B. Shipping Point and Purchaser assumes all risk and liability for loss, damage, or destruction after delivery of the product to the carrier. (c) For any payment made more than thirty (30) days past invoice date, Purchaser agrees to pay interest on the unpaid balance at the rate of 1.5% (18% per annum) or the maximum allowed by law if less than 1.5% (18% per annum) plus any costs of collection and any costs associated with the purchase money security interest, including filing fees, legal fees and court costs.
TITLE - Title shall pass to Purchaser upon delivery of the product to the carrier.
Purchaser assumes all risk and liability for loss, damage, or destruction after delivery of the product to the carrier.
RETURNS - Return of any merchandise must be authorized in writing by Seller, have Seller’s “authorized material return” Return Goods Authorization (RGA) number and be accompanied by a copy of original packing slip verifying shipment from Seller’s plant or warehouse. Any request to return goods must be made within ten (10) days from the receipt of the goods by Purchaser. Returned goods must be in first class saleable condition, in their original container, shipment prepaid. Subject to the limitations of Seller’s Warranty, if goods are returned because of an error acknowledged by Seller, Seller will remedy any such error without expense to the Purchaser. Components, systems and Software Materials designed to meet Purchaser’s unique requirements or specifications are not returnable. Nonstandard or used material shall not be subject to return. Unless otherwise expressly agreed, an order for equivalent value must accompany returned merchandise and all such merchandise is accepted for credit only after factory inspection. Purchaser returning merchandise must pay transportation charges and bear risks of loss or damage to goods while in transit.
RE-STOCKING CHARGES - A minimum 15% of invoice shall be charged for all material returned to Seller.
CANCELLATION – Notwithstanding Non-Cancellable and Non-Returnable items, in the event Seller grants
Purchaser cancellation of an order or any part thereof, cancellation charges shall be paid by Purchaser to Seller as follows: (a) Any and all work that is complete or scheduled for completion within thirty (30) days of the date of cancellation granted by Seller shall be invoiced to Purchaser and paid in full. (b) For work-in-process, other than covered by Item (a) above, and any materials and supplies procured, or for ..
Item 8 Page 2 of 6
QUOTE - PAGE 3
written notice, shall at Seller’s option either examine the article at its site or issue authorization for return to Seller. In the event such article is returned to Seller, purchaser shall be solely responsible for all costs and expenses associated with such shipment and Purchaser shall bear risks of loss or damage to goods while in transit. If an article is claimed to be defective in material or workmanship or not to conform to specifications, Seller, on written notice, shall at Seller’s option either examine the article at its site or issue authorization for return to Seller. In the event such article is returned to Seller, Purchaser shall be solely responsible for all costs and expenses associated with such shipment and Purchaser shall bear risks of loss or damage to goods while in transit.
PURCHASER’S USE AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) – (a) It is Purchaser’s responsibility to provide all proper dies, devices, tools and means that may be necessary to effectively protect all personnel from all bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the Seller’s products. If supplied or required, the operator’s manual or machine manual, all applicable Safety Standards, OSHA regulations, other sources and other applicable regulations should be consulted to protect personnel. (b) The proposed equipment or goods may not be used without all recommended or included safety devices.
SPECIFICATIONS - Equipment quoted shall not be subject to any other specifications, which are not stated on the face of the quotation and in the manufacturer’s catalog.
Voltage, phase, frequency and power limitations must be specified by Purchaser.
FIELD ENGINEER
SERVICES/INSTALLATION - Unless otherwise specifically indicated, the quoted prices DO NOT include the services of Seller’s field engineer to supervise the installation of equipment and instruct the operator in its proper use.
PROPERTY AND PATENT RIGHTS –
(a) Seller retains for itself any and all property rights, including but not limited to all patent, copyright, and trade secret rights, to the Software Materials and to all designs, engineering details,
documentation, and other data pertaining to any equipment designed in connection herewith and to all right of discovery, invention or patent rights arising out of the work done in connection herewith. Purchaser expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment. (b) Seller grants Purchaser a nonexclusive and nontransferable license to use one copy of the Software Materials for its own internal purposes for a term of 99 years. Pursuant to such license, Purchaser shall have the right to copy the Software Materials solely for back-up and archival purposes. Purchaser expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment. (c) Purchaser acknowledges that the Software Materials constitute valuable trade secrets of Seller and are unpublished works on which Seller, or Seller’s vendor, holds the sole and exclusive copyright.
Purchaser agrees to maintain and protect the confidentiality of these trade secrets and agrees not to disclose them or use them for any purpose not contemplated by this Agreement. Purchaser agrees to formulate and adopt appropriate safeguards in light of its own operating activities, to insure protection of the confidentiality of these trade secrets. Purchaser shall immediately notify Seller of any information which comes to its attention which indicates that there has been any loss of confidentiality of Seller’s trade secret information.
DELAYS - Seller shall not be liable for damages or delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors or suppliers for similar reasons. Failure of Seller to perform for these reasons shall not be grounds for Purchaser’s cancellation of its order but the delivery date shall be extended accordingly.
MISCELLANEOUS – (a) This Agreement may not be assigned or otherwise transferred by Purchaser without the prior written consent of Seller, and any such prior written consent shall be null and void and of no force or effect whatsoever. (b) Seller’s failure to insist, in one or more instances, upon the performance of any term hereunder shall not be construed as a waiver or relinquishment of its right to such performance or the future performance of such term and Purchaser’s obligation with respect thereto shall continue in full force and effect. (c) Any notice or other communication required or permitted hereunder shall be sufficiently given if sent in writing by registered or certified mail, postage prepaid, to the other party thereto at its respective address contained herein. Seller’s address is 2301 Windsor Court, Addison, by Seller shall be invoiced to Purchaser and paid in full. (b) For work-in-process, other than covered by Item (a) above, and any materials and supplies procured, or for which definite commitments have been made by Seller in connection with Purchaser’s order, the Purchaser shall pay the actual costs and overhead expenses determined in accordance with Seller’s normal accounting practices, plus a minimum of fifteen (15%) percent, upon invoicing. (c) All costs of storage, insurance, hauling, boxing or other costs in connection with material owned by Purchaser but on hand at Seller’s premises on account of cancellation shall be borne by the Purchaser.
NON-CANCELLABLE AND NON-RETURNABLE ITEMS – Non-Cancellable and Non- Returnable items may only be returned or cancelled upon the express written approval of Seller. If no such approval is granted, Purchaser remains responsible for payment of any and all invoices relating to such items. Any customized fabricated system sold to Purchaser shall be non-cancellable, non-returnable.
DRAWINGS - Drawings will be provided by Seller only upon special request of Purchaser and subsequent approval of Seller. (a) Seller may provide reproducible copies of specification sheets, which list all assemblies and components. Pertinent assembly drawings will be included in the instruction manual. (b) Seller may provide original layout drawings, complete fixture drawings and lubrication diagrams with related information.
MACHINE FOUNDATIONS - If standard foundation drawings are supplied, they will include plan and elevation views. Due to many variations in solid type, adjacent equipment, workmanship, etc. foundation depth is a suggestion only. The foundation is not guaranteed and Seller shall not be responsible for any damage which may result from an inadequate or insufficient foundation.
COMPLETE AGREEMENT - This agreement constitutes the entire Agreement between the parties and cancels and supersedes all previous agreements and price quotations, if any, between the parties. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument signed by Purchaser and Seller.
APPLICABLE LAW - This Agreement, and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the laws of the State of Illinois. THE JURISDICTION AND VENUE OF ANY LEGAL
PROCEEDINGS FOR THE RESOLUTION OF DISPUTES ARISING UNDER OR IN
CONNECTION WITH THIS AGREEMENT OR ANY SALE BY SELLER TO PURCHASER SHALL BE IN THE FEDERAL OR STATE COURTS SITTING IN DUPAGE COUNTY, ILLINOIS.
PURCHASER HEREBY SUBMITS TO THE JURISDICTION OF ALL SUCH FEDERAL AND STATE COURTS SITTING IN DU PAGE COUNTY, ILLINOIS.
The signature below represents acceptance of these terms for all sales of product from this date forward.
_______________________________________________________ Company Name
_______________________________________________________ Authorized Company Representative - Sign and Date
..
Item 8 Page 3 of 6
QUOTE - PAGE 4
anges, prices are
ditions of Sales and
..
Item 8 Page 4 of 6
QUOTE - PAGE 5
ave been received on the
o may change its address
The invalidity, in whole
nify and hold harmless
and employees, against
made or asserted by
ement or the article(s)
all costs incurred by
claim brought against
mited to, Purchaser’s
design decisions or
sons who may assert a
gation or otherwise, any
made by Purchaser’s
mployees for injuries
b) Purchaser hereby
a claim or lien in
wise, any and all claims
h claims arise under
ational, excise, export,
the responsibility of the
d on the reverse side of
all have the right to
time. Applicable tax
he same applies.
hipping Point and
estruction after delivery
e than thirty (30) days
paid balance at the rate
ess than 1.5% (18% per
with the purchase
duct to the carrier.
estruction after delivery
writing by Seller, have
ation (RGA) number and
hipment from Seller’s
ade within ten (10) days
must be in first class
aid. Subject to the
thout expense to the
turnable. Nonstandard
wise expressly agreed, an
andise and all such
on. Purchaser returning
of loss or damage to
charged for all material
Returnable items, in the
ellation charges shall be
at is complete or
of cancellation granted
process, other
ies procured, or for
..
Item 8 Page 5 of 6
QUOTE - PAGE 6
process, other
ies procured, or for
nd overhead expenses
ractices, plus a minimum
ge, insurance, hauling,
Purchaser but on hand
e by the Purchaser.
ancellable and Non-
e express written
emains responsible for
ustomized fabricated
pecial request of
provide reproducible
omponents. Pertinent
. (b) Seller may provide
cation diagrams with
are supplied, they will
solid type, adjacent
ion only. The foundation
damage which may
tire Agreement between
nts and price quotations,
rein, this Agreement
gned by Purchaser and
tions hereunder,
shall be governed by the
ER TO PURCHASER SHALL
OUNTY, ILLINOIS.
SUCH FEDERAL AND
or all sales of product
..
Item 8 Page 6 of 6
City Council Agenda Report
Meeting Date: December 3, 2024
From: Deborah Harrington, City Clerk
Department: City Clerk
Submitted by: Yonnie Parker, Deputy City Clerk
Subject
City Council Appointment to Outside Agency
Recommendation
Appoint a representative to the Greater Los Angeles County Vector Control District Board of Trustees for a 2 or 4 year term commencing January 6, 2025.
Background
At their Regular City Council meeting on October 15, 2024, City Council directed staff to table the selection of one representative to the Greater Los Angeles County Vector Control District (GLACVCD) Board of Trustees, to give council members an opportunity to check availability of their respective schedule, to December 3, 2024.
The GLACVCD has notified the City of Vernon that the current appointment of Trustee Leticia Lopez is set to expire on January 6, 2025. Pursuant to Section 2024 of the California State Health and Safety Code (SHSC), governing the dates of the term of office of members appointed to the Board, the City Council may consider an appointment of a 2 or 4-year term of office commencing January 6, 2025. The representative would either serve a 2-year term of office expiring in January2027 or a 4-year term of office expiring in January 2029. Council Member Lopez is the current representative and will term out of office for the City Council in April 2026. A person appointed by City Council must be a voter and resident of the respective county or city of the appointing body. All members of the City Council are voters and residents in the City of Vernon in Los Angeles County and therefore eligible to serve on the GLACVCD Board of Trustees. Once appointed, the representative cannot be removed at-will by the appointing city or county. The representative will serve until the expiration of his/her term unless he/she resigns, vacates the office due to absences, or is no longer a voter and resident within the respective county or city of the appointing body. The District does not accept or recognize the appointment of alternate representatives.
The Board of Trustees meets monthly at 7:00pm on the 2nd Thursday at the GLACVCD Headquarters in Santa Fe Springs. Its mission is to reduce populations of public health vectors below nuisance levels, prevent human infection associated with mosquito-transmitted diseases, and prevent the loss of property values and commercial enterprise as the result of vector occurrence and activity. The representative receives a stipend and is required to file a Statement of Economic Interests Form 700. The City Clerk Department will notify the outside agency of Council’s appointment and assist the representative with their filing obligations. Accordingly, the Fair Political Practices Commission regulation 18702.5, Form 806 will be updated and properly posted.
City Council should consider making an appointment of one member of the City Council to serve as the representative to the Greater Los Angeles County Vector Control District Board of Trustees for a 2-year term commencing January 6, 2025 and ending January 6, 2027 or a 4-year term commencing January 6, 2025 and ending January 6, 2029. ..
Item 9 Page 1 of 2
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Greater LA County Vector Control District Notification
2. Outside Agency Appointments ..
Item 9 Page 2 of 2
PRESIDf,NT
Mori ly n Sanabrio, ]lunt ington Pork
VICE PRESIDENT
Ali Saleh, Bell
SECRf,TARY-TREASt]RER
Melissa Ra/fioso, Artesia
GREATER LOS ANGELES COUNTY
VECTOR CONTROL DISTRICT
12545 Flore e Avenw, S.ntr Fe Springs, CA m670
Omce (562) 944-9656 F,x (562\ 9tA-7916
Email: info a Cl- \nosquinr.ortr Website: sss.Gl-Amosquito-qg GET..ERAL MA\ACER
Susanne Kluh
September 25, 2024
Mr. Daniel Calleros
Interim City Administrator
4305 S. Santa Fe Avenue
Vernon. CA 90058
Re: Appointmeny'Re-appointment of R€presentative to the Creater Los Angeles County Vector Control District Board of Trustees
Dear Mr. Calleros:
This correspondence is to inform you that the term ofoffice for Trustee Leticia Lopez as a member of the Board of Trustees ofthe Greater Los Angeles County Vector Control District will expire on January 6,2025. Pursuant to Section 2024 ofthe State Health and Safety Code (SHSC) goveming the dates ofterm of office of members appointed to the Board ofTrustees, the City Council may consider reappointing Trustee Lopez or appointing a new ffustee for a 2- or 4-year term ofoffice, commencing at noon on the first Monday of January (i.e., January 6,2025). Please note, per the State Health and Safety Code, representatives must be appointed to serve a full 2 or a 4-year term commencing on January 6,2025 and should not be appointed on a yearly basis. Furthermore, the District does not accept or recognize the rppoitrtmetrt of slternrte repres€ntatives.
Please review all subsections ofthe SHSC 2022 (i.e., a-e) enclosed. Subsections a and b require that each person appointed by a board of supervisors or by a city council shall be a voter and resident within the respective county or city ofthe appointing body. Section 2022 (c) incorporates language that clarifies the issue over the doctrine of Incompatibility of Office, exempting and enabling an appointee who holds elected offices to also simultaneously serve on the District's Board ofTrustees. Trustees represent the mission and interests of the District at large rather than the individual interests ofthe appointing body. Once appointed, the representative cannot be removed at-will by the appointing city or county. The representative will serve until the expiration of his/her term unless he/she resigns, vacates the office due to absences, or is no longer a voter and resident within the respective county or city of the appointing body.
Representatives are expected to attend the district's general board meetings held monthly on the 2'd Thursday ofthe month.
Pursuant to California Govemment Code Section 1770(g), the Trustee's seat will be considered abandoned if the person holding the office ceases to discharge the duties ofthat office for a period of three consecutive months, except when prevented by sickness or specified excuses. Please make your appointmenVreappointment prior to January 6, 2025, as stipulated in the SHSC.
BELL GARDENS
BELLFLOWf,R
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COMMERCI]
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GLENDALI:
HAWAIIAN GARDf,NS
LA CAiADA FLINTRTDCE
LA HABRA HEIGHTS
LAKf,WOOD
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LOS ANGELES CITY
LOS ANGELESCOUNTY
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LYNWOOD
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PAR MOUNT
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SAN FERNANDO
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SAIi MAXINO
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SANTA FE SPRINGS
Willbn K. Rounds
SICNAL TIILL
Robe.t D. Copeland
SOI.'TH EL MO]ITE
SOTTH GATf,
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Item 9 Page 1 of 3
Should you have any questions regarding this appointment, please contact Araceli Hernandez or Maria Weinbaum at 562-944-9656 ext. 504 or e-mail at ahcrnandeziri
( i[.Amosc ur t() . org
Sincerely,
Susanne Kluh
General Manager
Enclosure: Sections 2022 & 2024 ofthe SHSC
cc: Ms. Leticia Lopez
Ms. Deborah Harrington
Qr^L
..
Item 9 Page 2 of 3
?022.
sHsc
(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is within the district.
(b) Each person appointed by a city council to be a member of a board of trustees shall be a voter in that city and a resident of that portion of the city that is within the d istrict.
(c) Notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of lncompatible offlces, a member of a city council may be appointed and may serve as a member of a board of trustees if that person also meets the other applicable qualifications of this chapter. (d) It is the intent of the Legislature that persons appointed to boards of trustees have experience, training, and education in fields that will assist in the governance of the districts.
(e) All trustees shall exercise their independent judgment on behalf of the interests of the residents, property owners, and the public as a whole in furthering the purposes and intent of this chapter. The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them.
(Added by StoL\. 2002, Ch. 395, Sec. 6. ElJective lonuqry 1, 2003.) 2024.
(a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority, Terms of office commence at noon on the first lvlonday in January.
(b) Any vacancy in the office of a member appointed to a board of trustees shall be filled pursuant to Section 1779 ot the Government Code. Any person appointed to fill a vacant office shall flll the balance of the unexpired term. (Added b)) Stots. 2002, Ch. 395, Sec. 6. Effective lonuary 1, 2003.) ..
Item 9 Page 3 of 3
COUNCIL OUTSIDE AGENCY APPOINTMENTS
Outside Agency Appointments Page 1 of 5
Board/Agency Delegate
Alternate
Appointment
Date
Meetings Stipend/
Filings
California Contract Cities Association Larios
Rivera
5/21/24
5/21/24
3rd Wednesday monthly, 6 p.m. (dark Jan., July and Sept.) Location varies, (562) 622-5533 [email protected] (562) 708-2848
None
Central Basin Water Association Merlo
Larios
VPU Rep
5/21/24
5/21/24
Quarterly, will provide notice of meetings
Rio Hondo Event Center, 10627 Old River School Road
Downey, CA 90241, (626) 815-1305
[email protected]
Form 700
City Selection Committee (Mayor) Merlo
Council
5/21/24 Meets as needed (213) 974
-1431
[email protected],
[email protected]
None
County Sanitation District #1 (Mayor) Merlo
Ybarra
5/7/24
5/21/24
2nd Wednesday monthly, 1:30 p.m. at Joint Administration Office, 1955 Workman Mill, Whittier, 90601, (562) 908-
4288 ext. 2301 or [email protected]; [email protected]
$125
Form 700
County Sanitation District #2 (Mayor) Merlo
Ybarra
5/7/24
5/21/24
2nd & 4th Wednesday monthly, 1:30 p.m. $125
Form 700
County Sanitation District #23 Entire
Council
Upon Council
Appointment
2nd Wednesday monthly, 1:30 p.m.(The members will only need to file the appropriate assuming and leaving 700s for County Sanitation District No. 1 and No. 2.)
$125
Form 700
Gateway Cities Council of Governments Larios
Lopez
5/21/24
5/21/24
1st Wednesday monthly, 6:00 p.m.
16401 Paramount Blvd, Paramount 90723
[email protected], [email protected]
$125
Form 700
Greater Los Angeles County Vector
Control District
Health and Safety Code Section 2024
Lopez 5/21/24 to
1/2/26
2nd Thursday of each month, 7 p.m. $100
Form 700
Independent Cities Association
2nd Thursday monthly, 7:00 pm, [email protected]
Metropolitan Water District, 700 N. Alameda Ave. Los
Angeles, CA 90012 (424) 374-7169
Sam Olivito (310) 486-7555
Independent Cities Finance Authority Lopez
Merlo
5/21/24
5/21/24
Annual meeting 1st Wednesday in June, 12 p.m. and
special meetings as necessary
12 p.m. (877) 906-0941 [email protected]
$150
Form 700
Southern California Association of
Governments
N/A Prior to
annual
meeting
Appointment should be made prior to Annual General
Assembly meeting in April or May [email protected]; [email protected]
Form 700
Following
annual
conference
Southeast Community Development
Corporation
Ybarra N/A This is not a City appointment but listed to show comprehensive outside agency appointments.
[email protected]
None
..
Item 9 Page 1 of 5
COUNCIL OUTSIDE AGENCY APPOINTMENTS
Outside Agency Appointments Page 2 of 5
Board/Agency Delegate
Alternate
Appointment
Date
Meetings Stipend/
Filings
Southeast Water Coalition Ybarra
Rivera
5/21/24
5/21/24
1st Thursday of even numbered months, 6:30 p.m.,
Whittier Police Department EOC, 13200 Penn Street,
Whittier, CA 90602. [email protected]
(W-9 Form for any new Board Members (for stipend payments) $150
Form 700
Vernon Solid Waste Hearing Panel– Up
to 3 Councilmembers
Public Resources Code Section 44308
Ybarra
Lopez
Merlo
5/21/24
5/21/24
5/21/24
Meet as needed. Local Enforcement Agency for Solid
Waste Facilities – Hearing Panel
Diana Cozadd, CalRecycle
Waste Permitting, Compliance & Mitigation Division - LEA Evaluation Unit
[email protected]
None
California Contract Cities Association
To develop and foster public and private partnerships between member cities and the business community in order to provide mutually beneficial resources and services that educate and inform; to create revenue opportunities, long term relationships and a forum to better serve the goals and priorities of the CCCA and its Associate Members.
Central Basin Water Association
Composed of water rights holders in the West Coast Basin. CBWA membership includes municipalities and private owners. This Association provides a forum to members to discuss current water rights issues and policies.
City Selection Committee (Mayor)
Each city appoints an elected official (usually the Mayor) as a delegate. Their duties are to appoint City representatives to such Boards, Commissions and Agencies (i.e. LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission).
Los Angeles County Sanitation Districts
Its mission is to protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as recycled water, energy, and recycled materials. Pursuant to Health and Safety Code, Section 4730, the presiding officer of the City is the designated member of the Board of Directors for this District and requires the selection of an alternate.
District #1 (Mayor) – Bell, Compton, Cudahy, Huntington Park, Long Beach, Los Angeles, Lynwood, Maywood, Paramount, South Gate, Vernon, Los Angeles County
District #2 (Mayor) – Alhambra, Artesia, Bell, Bellflower, Bell Gardens, Cerritos, Compton, Downey, Long Beach, Los Angeles, Montebello, Monterey Park, Norwalk, Paramount, Pico Rivera, San Gabriel, South Gate, Vernon, Whittier, Los Angeles County District #23– Vernon
Gateway Cities Council of Governments
For the purpose of engaging in regional and cooperative planning and coordination of government services and responsibilities to assist its members in the conduct of their affairs for the collective benefit of cities in the Southeast Los Angeles County area.
Greater Los Angeles County Vector Control District ..
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COUNCIL OUTSIDE AGENCY APPOINTMENTS
Outside Agency Appointments Page 3 of 5
The Greater Los Angeles County Vector Control District provides property inspections on a case-by-case basis to help identify the source of mosquito problems. Membership includes 37 members (36 city representatives and one LA County representative).
Independent Cities Finance Authority
Joint Powers Agreement with several cities for the purpose of providing low-cost sources of financing for the acquisition, construction, installation, and/or equipping of public capital improvements.
Southern California Association of Governments
Nation's largest metropolitan planning organization, undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. ..
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COUNCIL OUTSIDE AGENCY APPOINTMENTS
Outside Agency Appointments Page 4 of 5
Southeast Community Development Corporation
Appointments to SCDC are made by the Corporation. Promote community health, education, and safety, provide economic development, and to improve the standard of living for residents of southeast Los Angeles County.
Southeast Water Coalition
Formed to improve and protect the quantity and quality of the regional water supply. SEWC's mission is to prevent the contamination of the Central Groundwater Basin from migrating contaminated groundwater and to encourage good governance of water policies to ensure the availability of reliable, quality, and affordable water. SEWC's water purveyors service a population of 670,000 in a service area of 93+ square miles. The Board of Directors consists of one representative (normally a Councilmember) from each member city. The Administrative Entity acts as a steering committee consisting of one Public Works type staff member from each member city plus three non-voting (advisory) members from the Central Basin Watermaster, Golden State Water Company, and California Water Service (two private utilities serving several member cities).
Vernon Solid Waste Hearing Panel
The Vernon Health and Environmental Control Department serves as the Local Enforcement Agency for Solid Waste Facilities in the City of Vernon.
The hearing panel is available to convene and provide resolution to solid waste related issues that may arise from within the local enforcement agency’s purview. Pursuant to Section 44308 of the Public Resources Code, the City Council may appoint three of its members to serve. ..
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COUNCIL OUTSIDE AGENCY APPOINTMENTS
Outside Agency Appointments Page 5 of 5
Board/Agency Contact Info
California Contract Cities
Association
3rd Wednesday monthly, 6 p.m. (dark Jan., July and Sept.) Location varies, (562) 622-5533, [email protected] Central Basin Water Association Quarterly, will provide notice of meetings, Albert Robles Center 4320 San Gabriel River Pkwy Pico Rivera CA 90660, (626) 815-1305 [email protected] City Selection Committee (Mayor) Meets as needed, (213) 974 -1431
[email protected], [email protected] County Sanitation District #1
(Mayor)
2nd Wednesday monthly, 1:30 p.m. Joint Administration Office, 1955 Workman Mill, Whittier, 90601, (562) 908-4288 ext. 2301 or [email protected]; [email protected]
County Sanitation District #2
(Mayor)
2nd & 4th Wednesday monthly, 1:30 p.m.
County Sanitation District #23
2nd Wednesday monthly, 1:30 p.m.
Gateway Cities Council of
Governments
1st Wednesday monthly, 6:00 p.m. 16401 Paramount Blvd, Paramount, CA 90723 [email protected], [email protected]
Greater Los Angeles County Vector
Control District
2nd Thursday of each month, 7 p.m. Appointment expires 1/5/2023. Via Zoom. Mary-Joy Colburn, (562)758-6510 Independent Cities Finance
Authority
Annual meeting 1st Wednesday in June, 12 p.m. and special meetings as necessary (877) 906-0941 [email protected]
Southern California Association of
Governments
Appointment should be made prior to Annual General Assembly meeting in April or May [email protected]; [email protected]
Southeast Community Development
Corporation
This is not a City appointment but listed to show comprehensive outside agency appointments. [email protected] Southeast Water Coalition 1st Thursday of even months, 6:30 p.m. via Zoom, Whittier PD EOC, 13200 Penn Street, Whittier, CA 90602. [email protected]
(W-9 Form for any new Board Members (for stipend payments) Vernon Solid Waste Hearing Panel- Public Resources Code Section 44308- May appoint three members. No more than two consecutive four year terms Meet as needed. Local Enforcement Agency for Solid Waste Facilities – Hearing Panel, Diana Cozadd, CalRecycle, Permitting, Compliance & Mitigation, [email protected] ..
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City Council Agenda Report
Meeting Date: December 3, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Dulce Gonzalez, Management Analyst
Subject
Ordinance No. 1304 Granting Amendment No. 2 to The Solid Waste Non-Exclusive Franchise Agreement
Recommendation
A. Introduce and conduct the first reading of Ordinance No. 1304 to grant Amendment No. 2 to the Solid Waste Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection; and
B. Direct staff to schedule second reading and adoption of Ordinance No. 1304 for the December 17, 2024 City Council meeting.
Background
On January 1, 2015, the City entered a Nonexclusive Agreement with several Commercial Solid Waste Collectors (franchisees) to provide solid waste services for businesses and residents; this agreement expires on December 31, 2024.
On December 20, 2022, the City Council approved the First Amendment to the Nonexclusive Franchise Agreement for Commercial Solid Waste Collection. This amendment was implemented to comply with Senate Bill (SB) 1383 by providing organic waste services.
The Second Amendment to the Nonexclusive Franchise Agreement for Commercial Solid Waste Collection extends the original agreement and the First Amendment by an additional five years, until December 31, 2029. This extension includes a provision allowing the City or the Franchisee to propose further amendments or terminate the agreement with written notice.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Ordinance No. 1304 ..
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ORDINANCE NO. 1304
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING AMENDMENT NO. 2 TO NONEXCLUSIVE FRANCHISE
AGREEMENTS FOR COMMERCIAL SOLID WASTE COLLECTION TO EXTEND
THE TERM OF THE AGREEMENTS AND PROVIDE STATUTORY NOTICE TO FRANCHISEES OF THE CITY’S INTENT TO MODIFY THE EXISTING WASTE
HAULING SYSTEM
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California.
B. The City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance.
C. Effective January 1, 2015, the City Council entered into Nonexclusive Franchise Agreements (Agreements) for Commercial Solid Waste Collection with various haulers.
D. On February 1, 2022, the City Council adopted Ordinance No. 1278 adding Chapter 8.14 to the Vernon Municipal Code to implement the requirements of Senate Bill 1383, the Short-Lived Climate Pollutants Bill of 2016, and regulate organic waste disposal reduction.
E. On December 20, 2022, the City Council adopted Ordinance No. 1289, granting Amendment No. 1 to the Agreements for organic waste service and residential services, in order to incorporate the provisions of Municipal Code Chapter 8.14 in the City’s existing Agreements.
F. The City has determined that it may be in the public interest to provide solid waste collection services under an exclusive franchise agreement. Pursuant to California Public Resources Code (PRC) Section 49520 et seq., existing franchisees must be provided notice and are eligible to continue to provide such collection services within the City until midnight on December 31, 2029.
G. Accordingly, on December 3, 2024, the Director of Health & Environmental Control has recommended that the Agreements be extended for an additional five-year period effective December 31, 2024 through December 31, 2029, pursuant to the continuation and notice requirements under PRC Section 49520 et. seq.
H. The City Council desires to grant an Amendment No. 2 to the Agreements extending the term for an additional five-year period and providing notice to ..
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franchisees of the City’s authorization of an exclusive franchise in accordance with PRC Section 49520 et. seq.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council of the City of Vernon hereby grants Amendment No. 2 to the Nonexclusive Franchise Agreements for Commercial Solid Waste Collection with existing franchisees: AAA Rubbish, Inc; AM Disposal, Inc.; American Reclamation, Inc.; Athens Disposal Company, Inc.; Arakelian Enterprises, Inc.; Consolidated Disposal Services, LLC DBA Republic Services; CR&R Incorporation; GB Rubbish & Rolloff Services; Haul-Away Rubbish Company, Inc.; Key Disposal Company, Inc.; Nasa Services, Inc.; Serv-Wel; Universal Waste Systems, Inc.; Valley Vista Services; Ware Disposal Company, Inc.; Waste & Recycling Systems, Inc.; and Waste Management of California, Inc., in substantially the same form as attached to this Ordinance as Exhibit A.
SECTION 4. Any ordinance or parts of an ordinance in conflict with this ordinance are hereby repealed.
SECTION 5. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.
SECTION 7. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.
/ / /
/ / /
Ordinance No. 1304
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SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED , 2024.
_____________________________
JUDITH MERLO, Mayor
ATTEST:
YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
Ordinance No. 1304
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SECOND AMENDMENT TO NONEXCLUSIVE FRANCHISE
AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION
BETWEEN THE CITY OF VERNON AND _____________________ TO
EXTEND THE TERM OF THE AGREEMENT
This Second Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste Collection Between the City of Vernon and ______________________ to Extend the Term of the Agreement (“Second Amendment”) is entered into this 19th day November 2024, by and between the City of Vernon, a California charter city and municipal corporation (“City”) and _________________ (“Franchisee”).
RECITALS
WHEREAS, on or about January 1, 2015, the City and Franchisee entered into Nonexclusive Franchise Agreement for Commercial Solid Waste Collection (“Initial Agreement”); and,
WHEREAS, on or about January 20, 2023, the City and Franchisee entered into a First Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste Collection Between The City Of Vernon And ________________________to Provide for Organic Waste Service and Residential Services (“First Amendment”); and WHEREAS, the Initial Agreement as amended by the First Amendment shall be referred to herein as the Agreement; and
WHEREAS, in accordance with Section 5 of the Initial Agreement, the Agreement is set to terminate on December 31, 2024; and
WHEREAS, City and Franchisee desire to further amend the Agreement to extend the term of the Agreement and provide notice to Franchisee of the City’s authorization of an exclusive franchise in accordance with Public Resources Code Section 49520 et. seq.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment as follows:
1. TERM
The Term of the Agreement shall be extended by a period of five (5) years, and shall end at midnight on December 31, 2029, unless terminated earlier in accordance with the terms and provisions of the Agreement.
2. NOTICE OF AUTHORIZATION OF EXCLUSIVE FRANCHISE
The City has determined that it may be in the public interest to provide solid waste collection services in the City under an exclusive franchise agreement. The City has previously Exhibit A
Ordinance No. 1304
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2 entered into non-exclusive franchise agreements with several franchisees, including Franchisee, for the collection of solid waste (including recyclables and organics). Pursuant to California Public Resources Code Section 49520, Franchisee is eligible to continue to provide such collection services within the City until midnight on December 31, 2029. Further, pursuant to California Public Resources Code Section 49521, during the continuation period Franchisee must comply with the terms and conditions of the Agreement. This notice is authorized by and is given pursuant to the provisions of the California Public Resources Code Section 49500 through 49523, and is the only notice that Franchisee will receive regarding this matter. By executing this Second Amendment, Franchisee is acknowledging receipt of this notice.
3. GENERAL PROVISIONS.
3.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
3.2 Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
3.3 Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
3.4 Effective Date. This Second Amendment shall become effective on December 31, 2024.
3.5 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
3.6 References. All references to the Agreement include all their respective terms and provisions. All terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
Ordinance No. 1304
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3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year set forth below.
CITY OF VERNON
___________________________ Date: _____________________ Daniel Calleros, Interim City Administrator
ATTEST:
___________________________
Yonnie Parker, Deputy City Clerk
APPROVED AS TO FORM
______________________________
Zaynah Moussa, City Attorney
FRANCHISEE: _____________________________
Signature: Signature:
Name: Name: _____________________________
Title: Title: _______________________________
Date: Date: _______________________________
Ordinance No. 1304
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