HomeMy WebLinkAbout2010-092
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RESOLUTION NO. 2010-92
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,058.37 TO
FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC-
4 CON V311LHAl1300 JET RODDER TRUCK.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby
8 authorized to execute on behalf of said City an Agreement between the City of San
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Bernardino and Fairview Ford, 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. That Fairview Ford has offered a purchase price of $428,058.37
including tax pursuant to RFQ F-10-15 for the purchase of one (1) Vac-Con
14 V311 LHAl1300 Jet Rodder truck. ,Pursuant to this determination the Finance Director
15 is hereby authorized to issue a purchase order to Fairview Ford of San Bernardino, in
16 the amount of $428,058.37, which will facilitate the procurement of the Vac-Con
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V311 LHN1300 Jet Rodder truck.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Purchase of one (1) Vac-Con V311 LHN1300 Jet Rodder truck, P.O. not to
exceed $428,058.37" and shall incorporate the terms and conditions of the Agreement.
SECTION 4. 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Order and Agreement is rescinded if not issued within sixty (60) days of the passage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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2010-92
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,058.37 TO
FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC-
3 CON V311LHAl1300 JET RODDER TRUCK.
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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 joint regular
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meeting thereof, held on the
day of
Mav
, 2010, by the
3rd
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
Q~h. CtwJe.
'-- .
Rachel G. Clark, City Clerk
hereby approved this k77+
The foregoing resolution is
Mav , 2010.
day of
P tnck J. Morn, ayor
y of San Bernardino
James . Penman, City Attorney
2010-92
VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement is entered into this 3'd day of May 2010, by and
between Fairview Ford ("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 purchase of a 2010 Vac-Con
V3 I ILHAlI300 Jet Rodder truck; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for the purchase of a 2010 Vac-Con V311LHAlI300 Jet Rodder truck per RFQ F-IO-
15; and,
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 in its bid, a copy of which is
attached hereto as Attachment" I " and incorporated by this reference.
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$428,058.37, for the purchase ofa 2010 Vac-
Con V311 LHAlI300 Jet Rodder truck.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be for one year.
Exhibit "A"
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2010-92
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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. 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.
5. 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
Exhibit "A"
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2010-92
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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.
6. 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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
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 of their race, religion, color, national origin,
Exhibit "A"
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2010-92
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
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sexual orientation, or any other status protected by law.
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 licenses, if any are required, in connection with the services to be
performed hereunder.
9. BUSINESS REGISTRA TION 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.
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:
Fairview Ford Sales Inc.
808 West 2nd Street
San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
Attn: Todd Eff
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Exhibit "A"
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2010-92
10. ATTORNEYS' FEES.
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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
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
herennder 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.
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Exhibit "A"
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2010-92
13. GOVERNING LAW.
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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. 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.
17. 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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Exhibit "A"
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2010-92
VENDOR SERVICE AGREEMENT
FAIRVIEW FORD
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
OSli9
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Dated:
,2010
Dated ~ It
,2010
Approved as to Form:
B~~'O~~
James F. Pe an, City Attorney
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EXHI~IT "A"
2010-92
Attachment "1 "
RFQ F-Io..I5
S~v..~f Rt~~j~r Tmc.l "RE.:aH))
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
ADDRESS:
RFQ F-10-15
Sewer RodderTruck (RE-BID)
EAJR'mW F9RS" SHU, nf~
" "'.. 292 NORTH "G" STREEI' .1
r ;' P. 6. Bel( .';515 " /
~~~ SAl'l IlERNARDINO. CA 92412 .~
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
~EFF
Provide pricing that is a Finn Fixed Fee. to include transportation
charges, orientation, and training
.E55
$39~ / /<1~ 00
$ 3~ .'"{37 gz '150;
$ 4r1~ 998E- ft /7 ,
~v: $ 60~
GRiWD'/6r~: 8 4:;,8:058]"2 C61(!'-ff).
Are there any other additional or incident41 costs, which will be required by your
;;'n order to meet the requirements of the Technical Specifications? Yes I
o (circle one). If you answered "Yes', please provide detail of said
a ditional costs:
1!..t:l!I
Per Vehicle
lX:c. FEE.;
9 % Sales Tax:
-(iRe. FEe. :
Total:
Please indicate any elements of the Technical Specifications that cannot be
met by your firm. .
/Uk1
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*" ~ AJfY1E ~ SIKES PRJce. WC/..J-IDES 77fX5E. CJJ G- UJN/(S. *
2010-92
Attachment "2"
RFQ F-IO-IS
Sewer Rodder Truck (RE-BlD)
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
ADDRESS:
RFQ F-10-15
Sewer Rodder Truck (RE-BID)
Haaker Equip:nent Company
2070 N. White Avenue
La Verne CA 91750
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
~
/ Bill Haaker
Provide pricing that is a 'Firm Fixed Fee, to include transportation
charges, orientation, and training
UNIT
FEE
Per Vehicle
$ 427,825.00
9 % Sales Tax:
$ 38,504.25
$ 466,329.25
Total:
cSh,ere any other additional or Incidental costs, which will be required by your
firm I order to meet the requirements of the Technical Specifications? Yes I
N . (circle one). If you answered "Yes", please provide detail of said
additional costs:
Please indicate any elements of the Technical Specifications that cannot be
met by your firm.
Spec is proprietary to secondary manufacturer. We have done
our rest to explain the material differences and how our unit
will exCee:l your perforrrance derroands.
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