HomeMy WebLinkAbout2009-156
RESOLUTION NO. 2009-156
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
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 Yale/Chase Equipment of Fontana for the purchase of one JCB
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16 Code "Purchases approved by the Mayor and Common Council",
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3CX14 4WD Backhoe/Loader to be utilized by the Public Services Department Street
Division Sewer Maintenance crew, a copy of 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
SECTION 3. That Yale/Chase Equipment has offered a purchase price of
$73,926.84 for the purchase of one (1) JCB 3CX14 4WD Backhoe/Loader. Pursuant
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to this determination the Finance Director is hereby authorized to issue a purchase
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order to Yale/Chase Equipment of Fontana, in the amount of $73,926.84, which will
22 facilitate the procurement of the JCB 3CX 14 4WD Backhoe/Loader.
23 SECTION 4. The Purchase Order shall reference this Resolution number and
24 shall read, "Purchase of one (1) JCB 3CX14 4WD Backhoe/Loader, P.O. not to
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exceed $73,926.84" and shall incorporate the terms and conditions of the Agreement.
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2009-156
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
4 SECTION 5. The authorization to execute the above referenced Purchase
5 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
6 this Resolution.
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III
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III
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III
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2009-156
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
1 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
2 YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
3 UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a j oint regular
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meeting thereof, held on the 1 ';rh day of .June
, 2009, by the
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following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
~~Ih.~
Ra el G. Clark, City Clerk
The foregoing resolution is hereby approved this /6;?r day of
June , 2009.
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24 Approved as to form:
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es F. Penman, City Attorney
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2009-156
EXHIBIT "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered. into this 15th day of June 2009, by and
between Yale/Chase Equipment Inc. ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of one (1) JCB 3CX14 4WD Backhoe I
Loader; and
WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
May 1, 2009, attached hereto, marked Attachment" I" and incorporated herein by this reference
as fully as though set forth at length.
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 $73,926.84 to provide and perform those
products and services described in Section 1 above.
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 (1) year.
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2009-156
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omISSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. 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 automobile
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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of 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, Unernployment
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 license, permits,
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2009-156
1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 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
TO THE VENDOR:
YalelChase Equipment
8089 Cherry Ave.
Fontana, CA 92336
Telephone: (909) 428-3400
Contact: Steve Clark
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
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2009-156
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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 the
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
convemence 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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2009-156
VENDOR SERVICE AGREEMENT
YALE/CHASE EQUIPMENT INC.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 7/"'/
,2009
Dated I#ft , 2009
Approved as to Form:
VEND~ f!tL
By: _., ~
6;-eN'~ C\" r Ie..
Its: <5...ks Mc.......",S'ev-
Exhibit "A"
anager
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...I!~I'fuif<1
'ATERIALS HANDLING" lNe
Los Anaeles County
2615 Pellissier Place
City of Industry. CA 91749
Phone (562) 463-8000
FAX (562) 463-8093
Inland EmDire
14531 Fontlee Lane
Fontana, CA 92335
Phone (909) 428-3400
FAX (909) 428-9620
San Dieao County
2870 Executive Ave.
Escondido. CA 92029
Phone (760) 480-5656
FAX (760) 480-4333
Oranae County
15591 Computer Lane
Huntington Beach CA 92705
Phone (714) 901-6290
FAX (714) 901-6291
Hawaii
dba Hawaiian Lift Truck, Inc.
1724 Kahai Street
Honolulu, HI 96819
Phone (808) 847-0624
FAX (808) 841-3706
!',,'opic. Pf(>d:;n~. !'wdUUi"it',
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2009-156
ATTACHMENT "1"
05/01/2009
City of San Bernardino
182 South Sierra Way
San Bernardino, CA 92408
909-384-5220
909-384-5013 Fax
Attn: Don Johnson
This is a proposal to furnish as follows:
1 New JCB Backhoe Loader Mode13CX-14 4WD-2WSEquipped as follows:
*92Hp Turbocharged Tier III Diesel Engine
*Synchroshuttle Transmission
*14-17.5 Front Tires, 19.51.-24 Rear R4 10 Ply Industrial
*220lb Counterweight (Req'd for Extradig)
*Cab-Deluxe, Dual Eutry ROPSIFOPS (Requires cloth seat)
*Cloth Suspension Seat
*Operator Manual Pack-English
*SAE Backhoe Controls (2 Lever JCB "backhoe" pattern)
*Extradig Extendiug Dipper-14'7"-18'6" Dig Depth
*Backhoe Bucket Link with Lift Hook (Not compatible with Quickhitch EQH)
*Stabilizer pads- Flipover- Type (reversible Street/Dirt, Centermount Only)
* Air Conditioning for Cab-40,000 BTU
*6 in 1 Loader Bucket, 1.3 Cubic Yard, 92" Wide with Forks (Pin-On)
*Loader Arm Pipework
*Bolt on Cutting Edge for Loader Bucket
*Backhoe Bucket-12" Heavy Duty, 2.8 Cubic Feet
* AMIFM CD Radio
*2 Year 2000 Hour Full Machine Warranty (Per JCB Warranty Guidelines)
Price as configured:
Sales Tax 9.00%
67822.79
6104.05
03926.84~
Total
Optioual Warranty/Add-On's: 5YRl5000hr Full Machine
5YRl5000hr Powertrain
Upgrade to Loader Q-Fit with Q-Fit 6 in 1 Bucket w/Forks
4919.86
2183.87
4874.56 + Tax
Accepted
Date
Thanks again,
Steve Clark
YalelChase Equipment aud Services-Construction Divisiou
Cell# 562-639-3195
Quotation valid for 60 days from date above
,
www.CookEquipmeilt.com
16 January 2009
Lisa D. Lewis
Executive Assistant to the Director
Public Services Department
North "D" Street
San Bernardino, CA 92418-0001
Re: Vendor Service Agreement
Dear Ms. Lewis:
2009-i56
Cerritoa Store: Phone: (562) 926.2342 Fax: (562) 926.4746
Fullerton Store: Phone: (714) 563.8363 Fax: (714) 563.8355.
Riverside Branch: Phone: (951) 782.0303 Fax: (951) 782.8233
Cook Rental Company: Phone: (714) 563.8363 ~ [114) 563.8355
Corporate Office: 1451 S. Manhattan Ave., Fullerton 'A 92831
We wish to thank the City of San Bernardin for this opportunity to supply the City with a new JCB
3CX backhoe; however we will not be 001 to sell that unit as requested at this time. Therefore this
letter will serve as official notice of dec' tion by Cook Equipment and will allow the purchase
order to lapse being null and void after riday, January 30, 2009 as stated in your December 17,
2008 letter.
I wish to apologize for any inc<!.ll;Y
Bernardino has been a long , " '
and it is in regard for that long
to sell a JCB product to the JXty.
If you have any questio~lease feel free to contact me directly at 714 563 8363 ex!. 234, and again
please accept my apologies for this inconvenience.
'euce,~qaUSNtyOf.,~;.I~~~ The City of San
ctlJIi 11'... IdiBtt . es for many years,
enduring relationship that we must nowaecline the opportunity
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C'!$~LII!!ii[!~li:;,~:!'"
'ATERIALS HANDLING .. INC.
Los Anaeles County
2615 Pellissier Place
City of Industry. CA 91749
Phone (562) 463-8000
FAX (562) 463-8093
Inland Emoire
14531 Fontlee Lane
Fontana. CA 92335
Phone (909) 428-3400
FAX (909) 428-9620
San Dieao County
2870 Executive Ave.
Escondida, CA 92029
Phone (760) 480-5656
FAX (760) 480-4333
Oranae County
15591 Computer Lane
Huntington Beach CA 92705
Phone (714) 901-6290
FAX (714) 901-6291
Hawaii
dba Hawaiian lift Truck, Inc.
1724 Kahai Street
Honolulu, HI 96819
Phone (808) 847-0624
FAX (808) 841-3706
'"""l'ffPrUI;":i\.i'mo'''''(i;',''C,
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2009-156
Attachment "2"
05/0112009
City of San Bernardino
182 South Sierra Way
San Bernardino, CA 92408
909-384-5220
909-384-5013 Fax
/
Attn: m;;:~ohnson
This is a proposal to furnish as follows:
1 New JCB Backhoe Loader Mode13CX-14 4WD-2WS Equipped as follows:
*92Hp Turbocbarged Tier III Diesel Engine
*Synchroshuttle Transmission
*14-17.5 Front Tires, 19.51.-24 Rear R4 10 Ply Industrial
*220lb Counterweight (Req'd for Extradig)
*Cab-Deluxe, Dual Entry ROPSIFOPS (Requires cloth seat)
*Cloth Suspension Seat
*Operator Manual Pack-English
*SAE Backhoe Controls (2 Leve JCB "backhoe" pattern)
*Extradig Extending Dipper-1 7"-18'6" Dig Depth
*Backhoe Bucket Link with 1ft Hook (Not compatible with Quickhitch EQH)
*Stabilizer pads- Flipover- ype (reversible StreetlDirt, Centermount Only)
* Air Conditioning for Ca -40,000 BTU
*6 in 1 Loader Bucket, .3 Cubic Yard, 92" Wide with Forks (Pin-On)
*Loader Arm Pipewo
*Bolt on Cutting Ed for Loader Bucket
*Backhoe Bucket-1 " Heavy Duty, 2.8 Cubic Feet
* AMIFM CD Ra 0
*2 Year 2000 H r Full Machine Warranty (Per JCB Warranty Guidelines)
Price as configured:
Sales Tax 9.00%
67822.79
6104.05
C73926.84~
Total
arranty/Add-On's: 5YRl5000hr Full Machine
5YRl5000hr Powertrain
e to Loader Q-Fit with Q-Fit 6 in 1 Bucket wlForks
4919.86
2183.87
4874.56 + Tax
Date
Thanks again,
Steve Clark
YalelChase Equipment and Services-Construction Division
Cell# 562-639-3195
Quotation valid for 60 days from date above