HomeMy WebLinkAbout34-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution authorizing the
execution of an agreement and increase
Dept: Public Services to an Annual Purchase Order, with three
single year renewal options, to Drake
Date March 13, 2008 Supply Company of Fontana for Unity
spotlights, Target Tech strobes and light
bars, and miscellaneous electrical
supplies for the City's fleet.
Meeting Date: April 7, 2008
Synopsis of Previous Council Action
Reso 2006-244 July 10,2006 Approved annual PO with three single year
renewal options.
Recommended Motion:
#1: Adopt resolution.
#2: Authorize the Director of Finance to amend the FY 07/08 Fleet, IWMD and Police
Department budgets as discussed in this staff report to reflect the additional
$10,000 in materials and supplies costs.
1
ignature
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff report, Ward: All
Resolution, Agreement.
FUNDING REQUIREMENTS:
Amount: $10,000
Source: 635-341-5111
Materials and Supplies
Finance:
Council Notes:
y ~P
' Agenda Item No. _
a
f,,,.. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
'...-
Staff Report
Subject:
A resolution authorizing the execution of an agreement and increase to an Annual Purchase
Order, with three single year renewal options, to Drake Supply Company of Fontana for
Unity spotlights, Target Tech strobes and light bars, and miscellaneous electrical supplies
for the City's fleet.
Background:
Drake Supply Company has been the City's selected source for supplying emergency
lighting, miscellaneous electrical supplies and support components to the City's Fleet for the
past six years. Drake Supply Company is the nearest authorized distributor for Unity
spotlights. Unity spotlights are standard specified equipment for all Police Department
patrol cars and Animal Control units. Drake Supply is also the nearest authorized Target
Tech brand lighting supplier. Target Tech strobe lights and directional light bars are
standard specked equipment on all Refuse trucks, Animal Control units, Parking Control
units and Street Division units.
The Public Services Department, Fleet Division staff is requesting an increase of $10,000 to
,~-- the purchase order, for a total amount not to exceed $37,500 for FY 2007/2008. The
t`,, requested increase is needed due to the addition of eight IWM Division units, fourteen
additional police units and increased usage of both the IWM Division units and Police units
throughout the City. These factors have contributed to the annual purchase order being
used at a rate much higher than originally projected resulting in the depletion of funds.
Financial Impact:
A budget amendment of $10,000 increasing Fleet's materials and supplies account (635-
341-5111) 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 and Police Department,
as they are directly related to those operations, so the IWM Division and Police budgets will
also be amended accordingly.
Recommendation:
#1: Adopt resolution.
#2: Authorize the Director of Finance to amend the FY 07/08 Fleet, IWMD and Police
Department budgets as discussed in this staff report to reflect the additional $10,000 in
materials and supplies costs.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
4 RENEWAL OPTIONS, TO DRAKE SUPPLY COMPANY OF FONTANA FOR UNITY
SPOTLIGHTS, TARGET TECH STROBES AND LIGHT BARS, AND
5 MISCELLANEOUS ELECTRICAL SUPPLIES FOR THE CITY'S FLEET.
g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager of the City of San Bernardino is hereby
9 authorized to execute on behalf of said City an Agreement between the City of San
10 Bernardino and Drake Supply Co., which is attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. This purchase is exempt from the formal contract procedures of
13
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
14
Code "Purchases approved by the Mayor and Common Council".
15
16 SECTION 3. That Drake Supply Co. provides Unity spotlights, Target Tech
ly strobes and light bars, and miscellaneous electrical supplies to be utilized by the
I8 Public Services Department Fleet Division. Pursuant to this determination,
19 the Purchasing Manager is hereby authorized to issue an increase of $10,000 to the
20 annual purchase order to Drake Supply Co. for a total amount not to exceed
21
$37,500 beginning in Fiscal Year 2007/2008.
22
~ SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
24 and shall read, "Drake Supply Co. for Unity spotlights, Target Tech strobes and light
25 bars, and miscellaneous electrical supplies, P.O. not to exceed $37,500.00" and shall
26 incorporate the terms and conditions of the Agreement.
27
~ March 25, 2008 ' V ~ /
7-DS
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
RENEWAL OPTIONS, TO DRAKE SUPPLY COMPANY OF FONTANA FOR UNITY
4 SPOTLIGHTS, TARGET TECH STROBES AND LIGHT BARS, AND
MISCELLANEOUS ELECTRICAL SUPPLIES FOR THE CITY'S FLEET.
5
li SECTION 5. The authorization to execute the above referenced Purchase
7 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
8 this resolution.
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~ 23 111
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111
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March 14, 2008
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO AN ANNUAL PURCHASE ORDER, WITH THREE SINGLE YEAR
RENEWAL OPTIONS, TO DRAKE SUPPLY COMPANY OF FONTANA FOR UNITY
4 SPOTLIGHTS, TARGET TECH STROBES AND LIGHT BARS, AND
5 MISCELLANEOUS ELECTRICAL SUPPLIES FOR THE CITY'S FLEET.
6 t HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of ~, 2008, by the
9 following vote, to wit:
10
ii Council Members: AYES NAYS ABSTAIN ABSENT
11
ESTRADA
' 12
13 BAXTER
~, 14 BRINKER
15 DERRY
16 KELLEY
17 JOHNSON
18
MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
~ , 2008.
23
~ Patrick J. Morris, Mayor
City of San Bernardino
~ Ap roved as to form:
26
~,
27 ~ es F. Penman, City Attorney
28
March 14, 2008
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 7th day of April
3 2008, by and between Drake Supply Company Inc. ("VENDOR") and the City of San
4 Bemazdino ("CITY" or "San Bemazdino").
5 WITNESSETH;
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous and in
7
the best interest of the CITY to contract for Unity spotlights, Tazget Tech strobes and light bazs,
8
9 and miscellaneous electrical supplies for the City's fleet;
10 NOW, THEREFORE, the parties hereto agree as follows:
11 1. SCOPE OF SERVICES.
'' 12 For the remuneration stipulated, San Bemazdino hereby engages the services of VENDOR to
i
13 provide Unity spot]ights, Target Tech strobes and light bazs, and miscellaneous electrical
14
supplies.
15
16 2. COMPENSATION AND EXPENSES.
17 ~ For the services delineated above, the CITY, upon presentation of an invoice, shall
1$ pay the VENDOR for the initial term from April 7, 2008 through June 30, 2008, up
19 to the amount of $10,000.00 for Unity spotlights, Tazget Tech strobes and light bazs,
20 and miscellaneous electrical supplies.
21
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
22
~ 3. TERM.
~ This Agreement will be effective on or about April 7, 2008 through June 30, 2008 with
2r three (3) one-year extensions at the City's option. Option yeaz one, if exercised, shall be
26 effective July 1, 2008 through June 30, 2009. Option year two, if exercised, shall be effective
27 July 1, 2009 through June 30, 2010. Option year three, if exercised, shall be effective July 1,
28
Exhibit "A"
f'~" 1 2010 through June 30, 2011. Actual option yeaz pricing shall be negotiated with the successful
t'„~ 2 bidder prior to exercising any given option year.
3 This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless mutually amended. The
5 duration of this Agreement may be extended with the written consent of both parties.
6
4. INDEMNITY.
7
8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
11 under the Agreement.
12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
`.-~. 13 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
"~... 14
VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
15
16 obligations under the Agreement.
17 In the event the CITY and/or the VENDOR is found to be compazatively at fault for any
1$ claim, action, loss, or damage which results from their respective obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
20 compazative fault.
21 -
5. INSURANCE.
22
While not restricting or limiting the foregoing, during the term of this Agreement,
23
24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
~r liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
26 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28
Exhibit "A"
!""' 1 additional named insured in each policy of insurance provided hereunder. The Certificate of
iy,,. 2 Insurance famished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
s
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
7
$ discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
jp sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 INDEPENDENT CONTRACTOR
r 13 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
~,,,. 14 _
purposes VENDOR shall be an independent contractor and not an agent or employee of fire
15
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
1$ Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any are required, in connection with the services to be
20 performed hereunder.
21
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22
~ 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,
25 qualifications, insurance and approval of whatever nature that aze ]egally required of VENDOR
26 ,to practice its business or profession.
~`~-- 27
28
Exhibit "A"
('~ 1 9. NOTICES.
~•r 2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director
5 300 North "D" Street
San Bernazdino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Drake Supply Company Inc.
15777 Valley Blvd.
$ Fontana, CA 92335
9 Telephone: (909) 829-6320
10 10. ATTORNEYS' FEES
11 In the event that litigation is brought by any party in connection with this Agreement,
12 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
13
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
~.,. 14
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
15
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
1$ fees" for the purposes of this pazagraph.
19 11. ASSIGNMENT.
20 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
21 _
encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
22
~ written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 and shall constitute a breach of this Agreement and cause for the termination of this
~r Agreement. Regazdless of CITY'S consent, no subletting or assignment shall release VENDOR
26 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
27 hereunder for the term of this Agreement.
28
Exhibit "A"
1 12. VENUE.
2 The parties hereto agree that all actions or proceedings arising in connection with this
3 Agreement shall be tried and litigated either in the State courts located in the County of San
4 Bemazdino, State of Califomia or the U.S. District Court for the Central District of California,
5 Riverside Division. The aforementioned choice of venue is intended by the parties to be
6
mandatory and not permissive in nature.
7
$ 13. GOVERNING LAW.
9 This Agreement shall be governed by the laws of the State of Califomia.
10 14. SUCCESSORS AND ASSIGNS.
it This Agreement shall be binding on and inure to the benefit of the parties to this
12 Agreement and their respective heirs, representatives, successors, and assigns.
13 15. HEADINGS.
14
The subject headings of the sections of this Agreement aze included for the purposes of
15
16 convenience only and shall not affect the construction or the interpretation of any of its
17 provisions.
1$ 16. ENTIRE AGREEMENT; MODIFICATION.
19 This Agreement constitutes the entire agreement and the understanding between the
20 parties, and supercedes any prior agreements and understandings relating to the subject manner
21
of this Agreement. This Agreement may be modified or amended only by a written instrument
22
executed by all parties to this Agreement.
23
~ ///
2r ///
26 ///
27 ///
28
Exhibit "A"
1 VENDOR SERVICE AGREEMENT
DRAKE SUPPLY COMPANY INC.
2
$ IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: , 2008 VENDOR
6 BY~
7
Its:
8
9
10 Dated , 2008 CITY OF SAN BERNARDINO
11 BY~
Fred Wilson, City Manager
12
_ 13 Approved as to Form:
~, 14
15
16 By'
James F. Penman, City Attorney
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit "A"
("~~ 1 VENDOR SERVICE AGREEMENT
4
.2 This Vendor Service Agreement is entered into this 7th day of April
3 2008, by and between Drake Supply Company Inc. ("VENDOR") and the City of San
4 Bernazdino ("CITY" or "San Bernazdino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous and in
7
the best interest of the CITY to contract for Unity spotlights, Target Tech strobes and light bars,
8
9 and miscellaneous electrical supplies for the City's fleet;
10 NOW, THEREFORE, the parties hereto agree as follows:
11 1. SCOPE OF SERVICES.
12 For the remuneration stipulated, San Bemazdino hereby engages the services of VENDOR to
13 provide Unity spotlights, Tazget Tech strobes and light bars, and miscellaneous electrical
14
supplies.
15
16 2. COMPENSATION AND EXPENSES.
17 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
1g pay the VENDOR for the initial term from April 7, 2008 through June 30, 2008, up
19 to the amount of $10,000.00 for Unity spotlights, Tazget Tech strobes and light bazs,
20 and miscellaneous electrical supplies.
21 -
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
22
3. TERM.
23
i ~ This Agreement will be effective on or about Apri17, 2008 through June 30, 2008 with
I 25 three (3) one-yeaz extensions at the City's option. Option yeaz one, if exercised, shall be
26 effective July 1, 2008 through June 30, 2009. Option yeaz two, if exercised, shall be effective
27 July 1, 2009 through June 30, 2010. Option yeaz three, if exercised, shall be effective July 1,
28
1 2010 through June 30, 2011. Actual option year pricing shall be negotiated with the successful
2 bidder prior to exercising any given option yeaz.
3 This Agreement may be terminated at any time by thirty (30) days' written notice by
4 either party. The terms of this Agreement shall remain in force unless mutually amended. The
5 duration of this Agreement may be extended with the written consent of both parties.
6
4. INDEMNITY.
7
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
8
9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
10 CITY's negligent acts or omissions arising from the C1TY's performance of its obligations
11 under the Agreement.
12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
13 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
14
VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its
15
16 obligations under the Agreement.
17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
1$ claim, action, loss, or damage which results from their respective obligations under the
19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
20 comparative fault.
21
5. INSURANCE.
22
~ While not restricting or limiting the foregoing, during the term of this. Agreement,
~ VENDOR shall maintain in effect policies of comprehensive public, general and automobile
~r liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
26 worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
28
1 additional named insured in each policy of insurance provided hereunder. The Certificate of
2 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
3 termination in the policy.
4 6. NON-DISCRIMINATION.
5 In the performance of this Agreement and in the hiring and recruitment of employees,
6
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
7
8 discrimination in employment of persons because of their race, religion, color, national origin,
9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
11 12940 of the California Government Code.
12 7. INDEPENDENT CONTRACTOR
13 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
'~? 14
purposes VENDOR shall be an independent contractor and not an agent or employee of the
15
16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
19 employees, and all business licenses, if any are required, in connection with the services to be
20 performed hereunder.
21
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
22
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
23
~ certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
2r qualifications, insurance and approval of whatever natwe that are legally required of VENDOR
26 to practice its business or profession.
27
28
1 9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director
5 300 North "D" Street
San Bemazdino, CA 92418
6 Telephone: (909) 384-5140
7 TO THE VENDOR: Drake Supply Company Inc.
15777 Valley Blvd.
8 Fontana, CA 92335
9 Telephone: (909)829-6320
10 10. ATTORNEYS' FEES
11 In the event that litigation is brought by any party in connection with this Agreement,
12 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
13
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
14
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
15
16 Provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
18 fees" for the purposes of this pazagraph.
19 11. ASSIGNMENT.
20 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
21
encumber all or any part of the VENDOR'S interest in this Agreement without CITY'S prior
22
~ written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24 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
26 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
27 hereunder for the term of this Agreement.
28
~"" 1 12. VENUE.
~r 2 T'he parties hereto agree that all actions or proceedings arising in connection with this
3 Agreement shall be tried and litigated either in the State courts located in the County of San
4 Bernardino, State of California or the U.S. District Court for the Central District of California,
5 Riverside Division. The aforementioned choice of venue is intended by the parties to be
6
mandatory and not permissive in nature.
7
8 13. GOVERNING LAW.
9 This Agreement shall be governed by the laws of the State of California.
10 14. SUCCESSORS AND ASSIGNS.
11 This Agreement shall be binding on and inure to the benefit of the parties to this
12 Agreement and their respective heirs, representatives,successors,and assigns.
13 15. HEADINGS.
14
15 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
i is
17 Provisions.
18 16. ENTIRE AGREEMENT; MODIFICATION.
19 This Agreement constitutes the entire agreement and the understanding between the
20 parties, and supercedes any prior agreements and understandings relating fo the subject manner
21
of this Agreement. This Agreement may be modified or amended only by a written instrument
22
~ executed by all parties to this Agreement.
~ ///
~ ///
26 ///
27 ///
28
1 VENDOR SERVICE AGREEMENT
DRAKE SUPPLY COMPANY INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: , 2008 VENDOR
6
By:
7
8 Its:
9
10 Dated , 2008 CITY OF SAN BERNA)tDINO
11 gy;
12 Fred Wilson, City Manager
13
Approved as to Form:
14
15
i6 By' `~-~
Jam .Penman, City Attorney
17
18
19
20
21
23
24
25
27
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