HomeMy WebLinkAbout2010-047
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RESOLUTION NO. 2010-47
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
INCREASE TO PURCHASE ORDER NUMBER 302895 BY $5,200 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO COMPLETELY REPAIR
REFUSE UNIT 07176.
WHEREAS, the current Purchase Order of $56,900 needs to be increased by
$5,200 for a total Purchase Order amount of $62,100 in order to completely repair
refuse unit 07176.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
the City of San Bernardino and All American Truck & Aufo Body, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by this reference as fully
as though set forth at length.
SECTION 2. Pursuant to this determination, the Finance Director or her
designee is hereby authorized to increase Purchase Order Number 302895 from
$56,900 to $62,100 for FY 09-10,
SECTION 3. The Purchase Order shall reference this Resolution and shall
read, "All American Truck & Auto Body in order to completely repair refuse unif
07176."
SECTION 4. The authorization to execute the above referenced Amendment is
rescinded if it is not issued within sixty (60) days of the passage of this Resolution.
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20.10-47 .
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
INCREASE TO PURCHASE ORDER NUMBER 302895 BY $5,200 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO COMPLETELY REPAIR
REFUSE UNIT 07176.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held on the I ';th day of M~rrh
, 2010, by the
following vofe, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
(;(~ /;;. ~
Rachel G, Clark, City Clerk
/7771
.
day of
The foregoing resolution is hereby approved this
M~rrh ,2010.
B:
James . Penman
City Attorney
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2010-47
EXHIBIT "A"
AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 15th day of March 2010, by and between
All American Truck & Auto Body ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
RECITALS
A. On June 1,2009 - per Resolution 2009-130 - the Mayor and Common Council of
the City of San Bernardino authorized the execution of an Agreement and
issuance of a Purchase Order in the amount of $56,900 to All American Truck &
Auto Body in order to repair refuse unit 07176, a copy which is attached hereto as
Attachment "2" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount ofthe Agreement by $5,200 for a total not-to-exceed $62,100 for FY 09-
10.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (a) ofthe Agreement is amended by striking $56,900 and adding
the term $62,100.
2. All other provisions of the written contract are reaffirmed as originally stated.
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2010-47
EXHIBI'j' "A"
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK & AUTO BODY
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated: <(r2,b-/f),2010
Dated: .a -tf<.. 3 -,2010
ATTEST:
.~t6.~
Rachel Clark, City Clerk
Approved as to form:
J=," F. Prnmm, Ci<y ~:)]
B~b<~),"k..d
2
All American Truck & Auto Body
BY~
CITY OF SAN BERNARDINO
By: Charles E. McNee , City Manager
2010-47
2009-130
ATTACHMENT 2
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 1st day of June 2009, by and
between All American Truck & Auto Body ("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 repairs of refuse unit 07176; 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 quote dated
January 13, 2009, attached hereto, marked Attachment "1" and incorporated herein by this
reference as fully as though set forth at length. All American Truck & Auto Body submitted
the lowest quote, including a ninety (90) day warranty on alllabor/workmanship and one year
on all new parts installed.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the C1TY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $56,900 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.
2010-47
2009-130
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3. TERM.
The tenn of this agreement shall be for a period of one (1) year from June 1,2009 to
June 1,2010.
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 the 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 eleeted 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.
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2010-47
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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 Certificaie 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
ehangeor 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, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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2009-130
2010-41
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,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
All American Truck & Auto Body
10429 Sultana Ave.
Fontana, CA 92337
Telephone: (909) 598-2706
Contact: Mike Kennedy
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.
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2010-47
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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
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.
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2010-47
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VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK & AUTO BODY
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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement On the day
and date set forth below.
Dated: (", Z z.. , 2009
VENDOR
By Z~~J~
Its: ('\ <
Date9"'...' c? , 2009
Approved as to Form:
6
4UU~-1 1U
ATTACHMENT 'Tr
2010-47
I
All American True](
10429 SnItana Ave, 1',0, Box 3997
FontaDll. CA. 92334
Tel: 909-428-3410 13411 Fax; 909428-8132
limmOlltes@yahoo.com
Estimatt . PrtlimilflllY
I
Estimate Prepared by: Tim Montes
Acx>ideut Date:
Date of Loss:
Arrival Date:
Type ofLcss:
Policy Number:
Claim Number:
Appmsed for: City Of San Benwdlno
Paul
. DllIe: 1/1312009
Bstlmate#:
Appraised for:
Company: City Of San Bernardino
COtllaCt: Pall!
Adclress: 182 S Slum Wy
City, Slale,_Zip~: Sl!!!I:tenlarWnQ,_C.e. .\l:lilllll.
Telephone, l'lll\;: 909,384.5224,909-384-7238
Yellr Make Model Color Trim
2006 AUTOCAR WX
Unit Number License Plate # MllelIg~ SerialltlVIN#
7176 205090
Sup Seq Lobor Labor D...,ription Port Part N'llmbe. Dollar Labor
Type Op Type Amount Uni!8
Bolly R6m1Rep Cab Assy (Remove &; New $38,000.00 T 22.0*
Rllplece Cab Assy
Complete):
2 R&l Body Controls, Lites, .
Back Up Camera Monitor,
Scale Display & BleCll'ica.l
Uni1s
3 RJtI Methane Gas Detection .
System
4 Body R6m1fulp Cab MolDlt Bmok'" R New $13S.74 T 3.0*
5 Body RomlRep Cab Hin&", Front L New $794.00 T .
6 Body RemIRep Gaw-d, Front Cab New $400.00 T I.S'
7 Body Rem/Rep Orille Assy New $847.00 T l.oo
8 Body RelnlRep Mount, Air Filler New $294,00 T l.5-
\) Body R=IRep Body Canopy New $1,290.00 T 8.0*
10 Body Repair Front BUl1Iper AsS)' Exist 4.0*
11 Body RemlRep Radiator Ass)' New $3,738.00 T 4.0*
12 Body RemIR.ep Cbaxge Air Cooler New $1,496.00 T 1.0*
13 Body Rem/R.clp RtQbarge A-C New l.5-
Ver$ion 2.0
DuIobas<> Eclilion PH!' 08-04
TruckEst is a TradeIDlllk of Mitcl1eU IntematlODal
Cl998-2oo9 MiWbdl International, Ine,
AU RIghls Reserve4.
Page I of 2
E13/<:13 39\1d
L13<:l>l3891' lL I
IE:01 613B0/EI/IB
SliP Sell Labor . Labor Description Part
Type Op Type
14 Body RemlRep Air Cleaner Seperalor New
15 Bod~ CI1I<IAdj lnSpec1 f"rame ....~pe.il Item exist
pQf lnspocti""
16 Body Ref PllintRepalls Exist
17
18 PaintMaterillls
19 Shop Materials
20 HazardollS Waste
. - Judgemoot rtllln
# . LabOl Note Applies
Labor
Body 55.5 Hrs @ $75,00
Labor Total
$4,162,50
$4, t62.50
:wu~- 13U
2010-47.
Part Nl1IIlber
Dollar Labor
Amount Units
$916.00 T 2.0*
1.0*
5.0*
.
$165.00 T .
$320,00 T .
$20.00 .
Parts
Parts Subtotal
Less AdjustmeotS
Parts Total
Additional Costs and Operations
Add!. CostslOps Total
Tax
$47,910,74
$47,9tO.74.
$505.00
$3,713.08
$37.59
:1>'3,750,67
Ports Tox @
Add!. Costs Tax @
Tax TOtal
Totals
7.75%
7.75%
Sub Total:
Customer Resp.
$56,328.9\
SO.OO
$56.;328.91
Net Total
111e shove is an estimate baSed on our in5lleollon and does not OOV8I' any lIdditional paris or Illbor whloll may be required altsr the work
has started. QcCasionaUy, wom or daml1ge<.! parts are discovered which ml1Y not be evident on !he first lnspe<:tion. Because oflhls. the
abOve prices ~re not 9Uara"~. Quotations on parts and latbot are current and subject to change.
Thki is "preliminary esriml1l"- Additional changes to the ""lImale may be refJ1'ired jor the actual repair.
TnlckEsr doeB not l/Ulomatic"JIy include item.> required by m"'!)' business repair parmers. This appli<:atlon allows
tm: av/hor to manually enter line items $'lick as OlIerlap detJuattmu;.
2OO'6AUTOCAR WX
version 2.0
Database Edition PH1' 08-04
TruclW$t is a Trr.deml1lk of MilcbelllnlorOll1ional
01996.2009 Mircbell International, Inc.
Al] Righlll Reserved.
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