HomeMy WebLinkAbout27-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: A Resolution authorizing an
agreement and increase to an Annual
Purchase Order with two single year
renewal options to United Transmission
Exchange of San Bernardino for heavy-
duty truck transmission service, repair
and exchange for the City's fleet.
Dept: Public Services
Date: March 20, 2008
Meeting Date: April 7, 2008
Synopsis of Previous Council Action
Recommended Motion:
1) Adopt Resolution.
2) Authorize the Director of Finance to amend the FY 07108 Fleet and IWMD budgets
as discussed in this staff report to reflect the additional $17,100 in utside vehicle
maintenance costs.
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Resolution, Agreement.
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$17,100
Source: 635-341-5173
Outside Vehicle Maintenance
Finance:
Council Notes:
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Agenda Item No. t 7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A Resolution authorizing an agreement and increase to an Annual Purchase Order with
two single year renewal options to United Transmission Exchange of San Bernardino for
heavy-duty truck transmission service, repair and exchange for the City's fleet.
Background:
United Transmission Exchange of San Bernardino is the local authorized distributor and
warranty repair facility for Allison Transmissions and Stone Bennet Air shifters and was
awarded Annual Purchase Order No. 208115 in the amount of $24,900 for FY
2007/2008. United Transmission Exchange is the only facility in the area able to
perform Allison transmission warranty and repair work. The next closest vendor is
located in Mira Loma and it is not economically feasible to tow the City's heavy-duty
trucks to Mira Loma for repairs.
The Public Services Department, Fleet Division staff is requesting an increase of
$17,100 to the purchase order, for a total amount not to exceed $42,000 for FY
2007/2008. The requested increase is needed due to increased costs associated with
the repair and exchange of these heavy-duty truck transmissions. These factors have
contributed to the annual purchase order being used at higher rate than originally
projected.
Financial Impact:
A budget amendment of $17,100 increasing Fleet's outside vehicle maintenance
account (635-341-5173) is requested. Because the Fleet Fund operates as an "internal
service fund" all of Fleet's expenditures are charged back to city departments based on
related usage. These charges will ultimately be charged back to the IWM Division, as
they are directly related to the operation, so the IWM Division budget will also be
amended accordingly.
Recommendation:
1) Adopt Resolution.
2) Authorize the Director of Finance to amend the FY 07/08 Fleet and IWMD budgets
as discussed in this staff report to reflect the additional $17,100 in outside vehicle
maintenance costs.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR
RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN
BERNARDINO FOR HEAVY-DUTY TRUCK TRANSMISSION SERVICE, REPAIR
AND EXCHANGE FOR THE CITY'S FLEET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and United Transmission Exchange, which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That United Transmission Exchange of San Bernardino is the local
authorized distributor and warranty repair facility for Allison Transmissions and Stone
Bennet Air shifters and related repair services for heavy equipment to be utilized by
the Fleet Division. Pursuant to this determination, the Director of Finance or hislher
designee is hereby authorized to issue an increase of $17,100 to the annual purchase
order, to said United Transmission Exchange, for a total amount not-to-exceed
$42,000 beginning in Fiscal Year 2007/2008.
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
and shall read, "Heavy-Duty Allison Transmission repairs and lor exchanges, P.O. not
to exceed $42,000" and shall incorporate the terms and conditions of the Agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR
RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN
BERNARDINO FOR HEAVY-DUTY TRUCK TRANSMISSION SERVICE, REPAIR
AND EXCHANGE FOR THE CITY'S FLEET.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if not issued within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR
RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN
BERNARDINO FOR HEAVY-DUTY TRUCK TRANSMISSION SERVICE, REPAIR
AND EXCHANGE FOR THE CITY'S FLEET.
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26 AP~roved as to form:
X~ 7.f~
27 <la es F. Penman
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28 '-City Attorney
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is
,2008.
hereby approved this
day of
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April
2008, by and between United Transmission Exchange ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the repair and exchange of Allison heavy-
duty truck transmissions and Stone Bennet Air shifters; and
WHEREAS, the City of San Bernardino did not solicit and accept quotes from
available vendors for the repair and exchange of Allison heavy-duty truck transmissions and
Stone Bennet Air shifters.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the ServIces of
VENDOR to provide repair and exchange of Allison heavy-duty truck transmissions and Stone
Bennet Air shifters.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $42,000 for repair and exchange of Allison
heavy-duty truck transmissions and Stone Bennet Air shifters.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one year, with two (2) one-year
extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2008
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through June 30, 2009. Option year two, if exercised, shall be effective July 1,2009 through
June 30, 2010. Actual option year pricing shall be negotiated with VENDOR prior to
exercising any given option year.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions. arising from the VENDOR'.s performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
S. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobil~
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
8 TO THE VENDOR:
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United Transmission Exchange, Attn. Adrian Downs
24147 E. 6th Street
San Bernardino, CA 92410
Telephone: (909) 384-8140
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
UNITED TRANSMISSION EXCHANGE
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
VENDOR
,2008
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form: