HomeMy WebLinkAbout2009-170
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RESOLUTION NO. 2009-170
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A CBRNE RESPONSE
VEHICLE FROM LENCO CORPORATION OF PITTSFIELD, MA IN AN AMOUNT
NOT TO EXCEED $340,000.00. i
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council, pursuant to Section 3.04.010(B)
(3) of the San Bernardino Municipal Code, approve a sole source exemption to the purchasing
code, to purchase a CBRNE vehicle for the Police Department from LENCO Corporation of
Pittsfield, MA.
SECTION 2. The City Manager is hereby authorized to execute on behalf of the City a
Vendor Service Agreement, referenced as Attachment "A" to this Resolution, between the City
of San Bernardino and LENCO Corporation of Pittsfield, MA, for the purchase of a CBRNE
vehicle.
SECTION 3. The Director of Finance or her designee is hereby authorized to issue a
Purchase Order to LENCO Corporation of Pittsfield, MA for the purchase of a CBRNE vehicle
as outlined in their "price quote #6558A" referenced as Exhibit "B" to this Resolution, dated
1/15109. The Purchase Order shall read, "San Bernardino Police Department CBRNE vehicle
purchase, not to exceed $340,000.00."
SECTION 4. Authority to execute the Vendor Service Agreement and the Purchase
Order is rescinded if both parties fail to sign the Vendor Service Agreement within ninety (90)
days following the effective date ofthe Resolution.
III
III
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2009-170
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A CBRNE RESPONSE
VEHICLE FROM LENCO CORPORATION OF PITTSFIELD, MA IN AN AMOUNT
NOT TO EXCEED $340,000.00.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held
on the 15th day of
June
,2009, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
SHORRET
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
i2c~..1 h.~
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this /'J11I day of June
,2009.
~~
. k J. Morris, 'M;;yc;r
City of San Bernardino
ApIl oved as to Form:
2009-170
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ATTACHMENT A
VENDOR SERVICE AGREEMENT
LENCO Armored Vehicles
Page 1 of5
This Vendor Service Agreement is entered into this15th day of June
by and between LENCO Armored Vehicles ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
2009
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is
advantageous and in the best interest of the CITY to contract for a Bearcat CBRNE
Vehicle for the San Bernardino Police Department;
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 those products and services as set forth on Exhibit "B," attached
hereto and incorporated herein.
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 $ 340,000.00 for the products and
services as set forth on Exhibit "B," attached hereto and incorporated herein.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
TERM; TERMINATION.
The term of this Agreement shall end on June 30, 2010.
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
20 amended. The duration of this Agreement may be extended with the written consent of
both parties.
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3.
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22 4.
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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 actual 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 services 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
2009-170
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2 ATTACHMENT A
3
VENDOR SERVICE AGREEMENT
LENCO Armored Vehicles
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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 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. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by
Vendor under this Agreement shall conform to the specifications, drawings or other
description upon which this PURCHASE is based, shall be fit and sufficient for the
purpose intended, merchantable, of good material and workmanship, free from defects
and fee and clear of all liens or encumbrances. Inspection, testing, acceptance or use of
the goods by the City shall not affect Vendor's obligations under this warranty, and such
warranty shall survive inspection, testing, acceptance and use. Vendor agrees to replace
or correct promptly defects of any goods or services not conforming to the foregoing
warranty without expense to the City, when notified of such non-conformity by City. If
Vendor fails to correct the defects in or replace non-conforming goods or services
promptly, City may, after reasonable notice to Vendor, make such corrections or effect
cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section
shall not be deemed to require more than 60 calendars days notice before commencement
of efforts by the City to effect cover or a cure except upon written agreement of the
Parties.
7. 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 oftheir race, religion, color,
national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law.
2009-170
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ATTACHMENT A
VENDOR SERVICE AGREEMENT
LENCO Armored Vehicles
Page 3 of5
8. 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 license, if any are
required, in connection with the services to be performed hereunder.
9. 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.
NOT APPLICABLE
10. 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:
TO THE VENDOR:
Mark A. Garcia
San Bernardino Police Department
710 North "D" Street
San Bernardino, CA 92402-1559
Telephone: (909) 384-5923
James Massery
LENCO Corporation
10 Betnr Industrial Drive
Pittsfield, Ma 01201
(413) 443-7359
11.
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12. 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
2009-170
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VENDORSER~CEAGREEMENT
LENCO Armored Vehicles
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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 of VENDOR's obligation to perform all other
obligations to be performed by VENDOR hereunder for the term of this Agreement.
13. 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.
14.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
15. 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.
16. 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.
17. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
18. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party
are and shall be deemed cumulative and may be exercised separately or concurrently
without waiver of any other remedies. The failure of either party to act in the event of a
breach of this Agreement by the other shall not be deemed a waiver of such breach or a
waiver of future breaches, unless such waiver shall be in writing and signed by the party
against whom enforcement is sought.
1111
2009-170
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ATTACHMENT A
VENDOR SERVICE AGREEMENT
LENCO Armored Vehicles
Page 5 of5
19. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between
the parties, and supersedes any prior agreements and understandings relating to the
subject matter of this Agreement. This Agreement may be modified or amended only by
a written instrument executed by all parties to this Agreement.
7
IN WITNESS THEREOF, the parties hereto have executed this Agreement on
8 the day and date set forth below.
Dated: 07/07 , 2009
9
LENCO AROMORED VEHICLES
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By:
Its:
~i~ftf~
13 Dated
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;;I;~
I
,2009
Approved as to Form:
17 James F. Penman, City Attorney
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2009-170
EXHIBIT B'
I.ENCO
~*~
Protecting Our Nation's Defenoers™
1 0 Betnr Industrial Drive - Pittsfield, MA 01201
PH (413) 443-7359 - FAX (413) 445-7865
Quotation 6558A
Quotation Date:
Tax ID #:
01/15/09
04-2719777
SA039 Estimated Completion Date: I F.O.B.: Destination
Approx 180 Days ARO I Ship Via: Common Carrier
San Bernardino Police Dept. Payment Terms: Payable Upon Completion
710 North D. Street Lenco GSA Contract GS-07F-0390M 1122 Program
San Bernardino, CA 92418 Inspection & Acceptance: At Lenco Factory, Pittsfield, MA
Terms and Conditions: Net 30 Davs -- Transfer of Certificate of Origin Upon Receipt ofPay;nent
-
Item: Product # Retail Net Price
Lenco BearCat (4WD, Rotating Hatch: Counter Balanced) BC55003 $192,000.00 $183,768.00
Options:
Diesel Engine BCDLEN 5,150.00 4,930.00
Run-Flat Tires: Set of (6) BCRF6 6,300.00 6,030.00
(4) Roof Mounted Remote Control Spot Lights BCRCSL 4,200.00 4,016.00
Radiation Detection Pkg. BCRAD 5,250.00 5,025.00
Explosive Gas Detection System BCDRG 5,250.00 5,025.00
Rear Auxiliary AC/Heating System BCAC 2,000.00 1,914.00
AC-DC Power Inverter 3,600 Watt wi Battery Charge Feature BCPINV36 3,700.00 3,541.00
Intercom System; Inside to Outside PCINT 3,000.00 2,871.00
Electric Power Winch (Deletes Front Storage Area on Bumper) BCWNCH 2,650.00 2,536.00
Light Bar Prep Pkg. BCILB 525.00 502.00
~adio Prep Package BCiNSRA 525.00 502.00
(2) Ballistic Skip Round Shields BCBSRS 3,000.00 2,872.00
Seat Belts on Rear Bench Seats BCSBL T 1,300.00 1,244.00 .
Back up Camera System with Monitor BCBU 2,400.00 2,297.00
Ford F550 Service Manuals BCFML 475.00 455.00
On Board SCBA System Non Contract 25,000.00 25,OL0.00
Heated Windshield Upgrade BCHGW 2,250.00 2,153.00
22.5" Tire and Wheel Upgrade BCTWU 7.940.00 7.600.00
Net Savings $10,634. $272,915.00 $262,281.0Q
FOB San Bernarclno, CA 8.632.00
Total Cost (1) Lenco BearCat $270,913.0C)
San Bernardino County Tax, 7.75%, Not Collected bv Lenco 20.326.78
Total Cost to San Bernardino, PO $291.239.78
Estimated Cost of Performance Bond is 4%(lncludes Lenco BearCat, Freight, and Tax) 11.649.59
Total Costto San Bernardino Po, Lenco BearCat, Freigh~ Tax and Performance Bond $302.889.37
--
WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN
ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR30 DAYS.
THEREAFTER, IT IS SUBJECT TO OIANGE WITlIOUT NOTICE
ACCEPTANCE OF PROPOSAL -- Th"'~.pri~"~....rK"" LENCO INDUSTRIES INC.
anulll-ehereby lI(cep~. You are nuthoriud to do the work lIS specified. Payment..;U be made III
flllllinWlIbove _/
Authorized
Signature
Authorized
Signature
James]. :Massery
L_
Please si~n and return
James J. l\f.'sserv
,
Thank You
2009-170
Exhibit "e"
San Bernardino Police Department
Urban Area Security Initiative Grant FY 2008
Expenditure Plan
Account Obiect and Title
LENCO Bearcat Rescue Vehicle
Amount
$340,000.00
Grant total
$340,000.00
ACORDN CERTIFICATE OF LIABILITY INSURANCE OPID LG I DATE (MMlDDI'YVYv)
LENCO-l 07/09/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AXiA Insurance Bve B.I.S. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
73 Market Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Springfield MA 01103
Phone: 413-205-2942 Pax:413-886-0190 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Peerless Insurance
INSURER B: Hanover Insurance CamDanv 22292
Lenco Indusiries, Inc. INSURER c: American Intl. Greue
1~ Betnr Dr ve INSURER D:
P ttsfield MA 01201
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIO~ DATE MMID~ UMITS
~ENERAL UABlUTY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY SEE GARAGE LIAB PREMISES Ea occurence\ .
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .
- PERSONAL & ADV INJURY $
- GENERAL AGGREGATE .
GEN'L AGGREGATE LIMIT APnS IPER: PRODUCTS - COMPIOP AGG .
"I ,-(4 PRO-
POLICY JECT LOG
~TOMOBlLE UABlLITY COMBINED SINGLE LIMIT .1000000
AtoN AUTO (Eaaccident)
-
- ALL OWNED AUTOS BODilY INJURY
.
A ~ SCHEDULED AUTOS BINDER 08/01/08 OS/01/09 (P9(person)
~ HIRED AUTOS BODILY INJURY
.
~ NON-DWNEO AUTOS (Per accident)
f- PROPERTY DAMAGE .
(Per accident)
~GE UABlUTY AUTO ONLY - EA ACCIDENT .1000000
B AtoN AUTO JPN070172600 OS/01/0S 08/01/09 OTHER THAN EAACC .1000000
X OTHER THAN AUTO AUTO ONLY: AGG .3000000
EXCESSlUMBRELlA UABIUTY EACH OCCURRENCE .9000000
X rrOCCUR 0 CLAIMS MADE 08/01/0S OS/01/09 AGGREGATE .9000000
.
~ DEDUCTIElE .
X RETENTION 010000 .
WORKERS COMPENSATlON AND ITORYLlMITS I IU~~-
C EMPLOYERS' UABlLITY WC69S2730 01/01/09 01/01/10 .500000
ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYE .500000
~~~~I~tS~R~V:~NS below E.L. DISEASE. POLICY LIMIT .500000
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is named as additional insured.
.
CERTIFICATE HOLDER
CANCELLATION
CITYOSA SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCB.LED BefORE THE EXPIRAno
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of San Bernadino NOTlCE TO THE CERl1FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Ms. Margaret Fedor, City Clerk IMPOSE NO OBUGAllON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
300 N. D Street, 2nd Ploor REPRESENTATIVES.
San Bernadino CA 92418 AUTHORIZED REPRESENTATIVE
L~ne Gosciminski
ACORD 25 (2001/0S)
@ ACORD CORPORATION 1