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SR 11-28-2017 3F City Council Report City Council Meeting: November 28, 2017 Agenda Item: 3.F 1 of 4 To: Mayor and City Council From: Edward King, Director, Big Blue Bus, Transit Maintenance Subject: Purchase of Fire Apparatus Replacement Parts and Services Recommended Action Staff recommends that the City Council: 1. Authorize the Purchasing Services Manager to issue a purchase order with Kovatch Mobile Equipment Corporation (KME), a Pennsylvania-based company, for the purchase of Original Equipment Manufacturer (O.E.M.) repair parts, and O.E.M. repairs of Fire Vehicles in the amount not to exceed $99,000 for one year, with four (4) additional 1-year renewal options, with a 10% increase in the second year and an additional 3% increase per year for years two through five, for a total amount not to exceed $568,265 with future year funding contingent on Council budget approval. 2. Authorize additional expenditures in the amount of $66,089 in FY16-17 in order to address needed repairs critical to the maintenance and operation of the fire vehicles. Executive Summary In order to provide timely maintenance and repair of Fire Department’s critical public safety vehicles and ensure repairs will be performed to Original Equipment Manufacturer (OEM) standards, Fire Department staff recommends the execution of an agreement with the original vehicle vendor, KME Corporation. This recommendation is based on a sole source exemption for repair services and replacement parts needed in an amount not to exceed $99,000 for one year, with four (4) additional one-year options, for a total amount not to exceed $634,354. The sole source exemption is based on KME’s ability, as the OEM, to provide proprietary parts and equipment. Background In 1998, the City started purchasing KME Fire vehicles for support of its fire suppression services. The City currently operates eight heavy-duty KME Fire vehicles. These 2 of 4 vehicles range from 40’ pump trucks to 60’ ladder trucks, with an average age of 11 years. In 2011, a competitive bid was awarded to KME for genuine KME vehicle replacement parts and services, for a three-year period. Although the City advertised this bid, there was only one bidder who could provide genuine OEM parts. During the term of this purchasing agreement the average costs were $64,794 per year. In 2014, a competitive bid was posted for genuine KME replacement parts and related services. KME was the only prospective bidder to respond and was awarded the bid for a three (3) year period for a total not to exceed $175,000. Additionally KME explained to the City that it was the exclusive distributer of KME OEM parts. A Sole Source request for an amount not to exceed $99,000 was approved by the City Manager on September 13, 2017. The basis of the Sole Source was KME’s ability to provide proprietary replacement parts in which they are the Original Equipment Manufacturer and authorized distributor. In addition, historically KME has been the only bidder to respond to a Request for Bid for genuine KME replacement parts and services in the last two solicitations. Parts that are proprietary to KME include interior and exterior body panels, Hale pump replacement parts, interior cabinetry components, Class 1 multiplex electrical system components and software, switch panels, engine radiators, fans, suspension parts, electronic modules, and specialty relays. Discussion KME is the manufacturer of City of Santa Monica Fire Department’s (SMFD) fleet of Frontline apparatus such as pump trucks and ladder trucks. As the manufacturer of the Frontline Fire Department apparatus, KME is able to provide proprietary replacement parts, hardware and service to the eight KME Fire Apparatus in SMFD’s fleet. Routine maintenance and repairs are performed by the Big Blue Bus staff to maintain Fire apparatus in safe operating condition. The purchase of OEM parts would enable Big Blue Bus staff to service and maintain Fire apparatus to manufacturer specifications 3 of 4 and ensure safe, efficient, and effective operation. As the manufacturer of the City’s fleet of frontline engines, KME is able to provide proprietary parts needed to make repairs to the Fire Department’s apparatus. In addition to the current fleet of KME apparatus, four (4) reserve Pierce vehicles will be replaced by four (4) KME vehicles in FY2018-19, expanding our fire vehicle fleet to 12 and requiring more support. As a result of the aging equipment and the expansion, BBB is estimating $99,000 for FY2017-18. This amount was approved through a sole source exemption signed by the City Manager to provide interim funding while the procurement process is completed. This estimate is based on a quote for commonly used parts provided by KME with a 3% cost escalation for each of the four (4) option years of the contract. Additionally there was a 10% cost escalation in year two (2) of the contract in recognition of the 50% increase in the KME fleet size caused by the purchase of four (4) new KME vehicles in FY2018-19. The five-year total contract amount is not to exceed $634,354. This amount includes $66,089 of expenditures that were incurred and fully paid in FY16-17 in excess of City Council approval under the previous bid. Vendor/Consultant Selection Staff recommends KME Corporation as an exception to the competitive bidding process pursuant to Section 2.24.080 (d). As the Original Equipment Manufacturer of Fire Department’s frontline engines, KME provides proprietary OEM parts and hardware needed to maintain and provide repairs to the KME fire apparatus in SMFD’s fleet. As noted, KME is the only authorized provider of parts for its vehicles. Financial Impacts and Budget Actions The purchase order to be awarded to KME Corporation is for an amount not to exceed $568,265. Funds of $99,000 are available in the FY 2017-18 budget in the Fire Department. The purchase order will be charged to account 01312.569290. Future year funding is contingent on Council budget approval. 4 of 4 Prepared By: David Nanjo, Administrative Analyst Approved Forwarded to Council Attachments: A. OaksInitiative disclosure form -KME CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________