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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Subject:
Date:
Michael J. Conrad, Fire Chief
Resolution authorizing the execution of an agreement
and issuance of a purchase order to Sport Trailers in
the amount of $61,557.75 for five Mobile
Community Emergency Response Team trailers.
Fire
July 7,2011
MC/C Meeting Date:
July 18,2011
Synopsis of Previous Council Action:
04/29/08
05/05/08
03/31109
04/06/09
09/20/1 0
Grants Ad Hoc Committee-Item recommended for informational.
Preliminary review of the Urban Area Security Initiative (UASI) Grant presented to Council.
Grants Ad Hoc Committee-Item recommended to be submitted to Council.
Resolution #2009-75 authorizing the City Manager or his designee execute a Memorandum of
Understanding with the City of Riverside Office of Emergency Management and authorizing the
obligation and expenditure of the UASI Grant funds.
Resolution #2010-324 authorizing the City of San Bernardino to enter into a Memorandum of
Understanding with the City of Riverside Office of Emergency Management for the purpose of
accepting and administering the 2009 UASI Grant.
OMMENDATION:
Adopt resolution.
Sig~/~
Contact Person:
Phone: (909) 384-5286
Don Feser, Emergencv Services Manager
Supporting data attached: Staff Report, Resolution, Agreement. and Bid Summary
Ward: Citywide
FUNDING REQUIREMENTS:
Council Notes:
Amount: $61,557.75
Source: (Acct. No.) 123-881-5701-0000-0048
(Acct Descr.) Federal & State Program-
2009 Urban Area Security Initiative Grant
Finance:
Agenda Item No.
ID
f11_/9-::wul
STAFF REPORT
SUBJECT
Resolution authorizing the execution of an agreement and issuance of a purchase order
to Sport Trailers in the amount of $61,557.75 for 5 Mobile Community Emergency
Response Team trailers.
BACKGROUND
On June 3, 20 I 0, the City of Riverside Office of Emergency Management notified the
City of San Bernardino that the final modifications for the 2009 Urban Area Security
Initiative (UASI) grant funding cycle was approved and expenditures against the grant
were authorized.
On September 20, 2010, the Mayor and Common Council approved a Resolution
authorizing the City Manager to execute, on behalf of the City of San Bernardino, a
Memorandum of Understanding with the City of Riverside Office of Emergency
Management regarding reimbursement guidelines for the UASI grant expenditures. The
City Manager was also authorized to obligate and expend the allocated UASI grant
funding in the amount of $363,000. The 2009 UASI grant funding allocated $93,000 to
the Police Department and $270,000 to the Fire Department. The expenditure plan for
the Community Emergency Response Team (CERT) trailers was identified in the amount
of $50,000.
On March 21, 2011, a Request for Quote (RFQ) #F-II-17 was issued to solicit formal
bids for 5 mobile CERT trailers. The mobile CERT trailers are 8' x 16' cargo units
designed to support City of San Bernardino CERT teams in the field with emergency
equipment and supplies.
Notices inviting bids from qualified vendors for 5 mobile CERT trailers were distributed
to the San Bernardino Area Chamber ofCornmerce, the City's Web Site, and advertised
in The Sun Newspaper. The RFQ #F-11-17 packages were mailed to 5 vendors including
3 local vendors within the City limits. On April 21, 2011, the City received and reviewed
2 bid quotes and the bid responses are as follows:
Vendor
Sport Trailers
Fireblast 451, Inc.
Location
San Bernardino, CA
Corona, CA
Bid Proposal
$61,557.75 (including tax)
$71,395.00 (including tax)
On May 18, 20 II, the City of San Bernardino submitted a request to the City of Riverside
Office of Emergency Management to modify the $50,000 expenditure plan for CERT
trailers in order to accommodate an increase in cost.
I
On June 15,2011, the City of San Bernardino received notice from the City of Riverside
Office of Emergency Management that the modification request had been approved by
the State of California State Emergency Management Agency.
Pursuant to the City's bidding process, it is recommended that the City award a purchase
order to Sport Trailers for the 5 mobile CERT trailers under RFQ #F-II-17 (exhibit A).
Sport Trailers meet technical specifications and is the lowest overall bidder for the 5
mobile CERT trailers. The issuance of the purchase order and execution of the
agreement is required to be finalized by July 21, 2011 due to the bid price being valid for
90 days from the close date of the RFQ.
FINANCIAL IMPACT
The total dollar amount to be awarded to Sport Trailers for the 5 mobile CERT trailers is
not-to-exceed $61,557.75. Funding is budgeted under the 2009 UASI grant account for
motor vehicles (no. 123-881-5701-0000-0048). There is no financial impact to the
General Fund.
Account Number: 123-881-5701-0000-0048 Budgeted Amount: $270,000
Balance as of July 8, 2011: $185,482.39 Balance after approval of item: $123,924.64
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
RECOMMENDATION
Adopt resolution.
2
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO SPORT TRAILERS IN THE
AMOUNT OF $61,557.75 FOR FIVE MOBILE COMMUNITY EMERGENCY
RESPONSE TEAM TRAILERS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Sport Trailers is the lowest and best responsible bidder for the
purchase of 5 Mobile Community Emergency Response Team trailers in accordance with Bid
Specification #F-II-17 for a total amount 01'$61,557.75. All other bids are hereby rejected.
SECTION 2. The City Manager is hereby authorized and directed to execute on behalf
of the City a Purchase Agreement with Sport Trailers, a copy of which is attached hereto.
marked Attachment "A" and incorporated herein by reference as fully as though set forth at
length.
SECTION 3. The Director of Finance or her designee is hereby authorized to issue a
purchase order to SpOli Trailers. The purchase order shall incorporate by reference this
Resolution number, shall reference the terms in RFQ Bid Specification #F-II-17, and shall
incorporate the terms and conditions of the bid of Sport Trailers.
SECTION 4. The above authorizations are rescinded if the Agreement is not fully
executed and the purchase order is not issued by July 21, 2011.
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.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO SPORT TRAILERS IN THE AMOUNT
OF $61,557.75 FOR FIVE MOBILE COMMUNITY EMERGENCY RESPONSE
TEAM TRAILERS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
, 20 II, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
.2011.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN, City Attorney
2
Attachment "A"
PURCHASE AGREEMENT
CITY OF SAN BERNARDINO - SPORT TRAILERS
This Purchase Agreement is entered into this 18th day of July, 2011, by and between Sport
Trailers ("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 5 Mobile Community Emergency Response
Team Trailers; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors
for the purchase of 5 Mobile Community Emergency Response Team Trailers; and,
WHEREAS, Sport Trailers, submitted the lowest and best quote for the purchase of 5 Mobile
Community Emergency Response Team Trailers;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 5 Mobile
Community Emergency Response Team Trailers equipped as set forth on Vendor's proposal, attached
hereto and incorporated herein as Exhibit "A." Delivery to City is to be made at Vendor's place of
business.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of$61,557.75 for 5 Mobile Community
Emergency Response Team Trailers, $20,000.00 of which is to be paid upon execution of
this Agreement. Final payments will be processed upon completion and acceptance of the
5 Mobile Community Emergency Response Team Trailers.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
a. This purchase shall be completed by September 15, 2011 after receipt of accepted purchase
order.
b. 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 amended.
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
CITY OF SAN BERNARDINO - SPORT TRAILERS 1
PURCHASE AGREEMENT
PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good
material and workmanship, free from defects and free 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
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 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 $ 100/300,000 limits, 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 ofInsurance furnished to the
City shall require the insurer to notify City of any change or termination in the policy.
7. NON-DISCRIMINATION.
In the performance ofthis 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 condition, marital status, sexual gender or sexual orientation, or any other
status protected by law.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under 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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 2
PURCHASE AGREEMENT
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:
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, CA 92410
Attention: Fire Chief
Telephone: (909) 384-5286
TO THE Vendor:
Sport Trailers
271 South I Street
San Bernardino CA 92410
Attention: Kenneth Kormilo, Owner
Telephone: (909)888-5003
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.
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the
market rate for comparable services.
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 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 ansmg 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.
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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 3
PURCHASE AGREEMENT
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. 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.
18. 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 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:
,2011
Dated
,2011
SPORT TRAILERS
CITY OF SAN BERNARDINO
By:
Ken Kormilo, Owner
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
CITY OF SAN BERNARDINO - SPORT TRAILERS 4
PURCHASE AGREEMENT
RFQF-11-I7
Mobile CERT Trailers
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-17
Mobile CERT Trailers
(Community Emergency Response Team)
Quantity: Five (5)
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Equipment: Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
. As Specified" if item is exactly as set forth in the left-hand column.
GENERAL SPECIFICATIONS:
General
Bid prices effective for 90 days from bid opening
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
Five (5) Traileis 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Minimum requirements;
16' Roor length
Dual axle with 3,500 GVW each axil!
Electric brakes on one axle
Tongue Jack with wheel
2 inch coupler f' ~IJ
2 inch receiver ball and hitch drop size TSD 'C j Jt:;
36" side door on right side in front of tires /IS 5p~
Step for side door
Rear door ramp style
One roof vent
24 inch work bench full width in front of trailer
15" Trailer wheels with mounted spare
Wheels to be painted white
12 voltlighting
Inside lights
Loading lights
Porch light over side door
Roaring to be dark vinyl
Color Red exterior skin and matchina interior
9
EXrI/dIT 'j? (f
RFQ F-1I-17
Mobile CERT Trailers
Five (5) Trailers 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Item 2-12 Volt~
24 Deep Cycle Maintenance Free battery /IS ' I
SPIECIFlct)
Item 3-Tle down attachments . I ,
In floor D rings (Locations TBD) 1J5 SpIiC,F/If/.)
Item 4 -110 volt Connection and Ughtlng
25 ' electric cord to breaker box
3 duplex receptacles (one oulside location) /15 SP guf,. /$-1)
3 oulside lights (Locations TBD)
3 inside lights (Locations TBD)
Item 5- Shelving
4 full length shelves
2 each side
Driver side front to back f}~ SfJISG:-I, if"
Passenger side from side door to back
Metal frame with wood sheMng and matching vinyl
coverina. .
Item 6- Wheel option
Substitute 4 - white wheels with /lS- SpiCe. tf,~-tJ
4 - chrome wheels
Item 7- Exterior Graphics
City logo and additional graphics on each side and . I
rear of trailer. Graphics to include the following; City ItS . Sp~''''{!-II;()
logo, SBFD logo, CERT and more to be designed
and approved before installation.
Item 8 - WarrantY
Any warranty must be included as part of the bid. No /f5 sp/!;c-tll~
additional warranties will be purchased.
10
RFQ F-Il-17
Mobile CERT Trailers
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
ADDRESS:
RFQ F-11-17
Mobile CERT Trailers
5PORT TRII IlER S
271 SOUTH I STREET
~AN R~RNARnrNn. rA Q?hln
KENN~TW KORMllO OWN~R 909 333-5gg~
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
KEN~FTH KORMTIO
Provide pricing that Is a Firm Fixed Fee. to Include transportation charges,
warra'nty and sales tax as a separate line item.
UNIT
FEE
LJI , ~<:t:f,v 0
-
$ Jo/(g.S.)
$.1:1., '311,$'5
.
Per Vehicle
Sales Tax 9%
Total:
Are there any other additional or incidental costs, which wiD be required by your
~ order to meet the requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes., please provide detail of said additional
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
flIn~~
15
RFQF-I1-17
Mobile CERT Trailer.
PRICE FORM (continued)
Have you included in your bid all informational items and forms as requested'(Ye0
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFO.close date.
Terms and conditions as set forth in this RFO apply to this bid.
tP?o /0 D/t'1S
Cash discount allowable % - days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFO. Below,
please indicate all Addenda to this RFO received by your firm, and the date said
Addenda was!were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
\L
~\
6)
PRINT SIGNER'S NAME AND TITLE: K~NNET~ KQRMIlQ. QWNER
DATE SIGNED: I.j - 1 9' - II
COMPANY NAME & ADDRESS: <:pnlH TIlAII ~R<:
271 SOUTH I STREET
SA~BERNARDINOJ CA 92410
PHONE: qnq RIUI-l)nn3
FAX: qOq &&R-Ol ~~
EMAIL: SPORTTRAllERSli!VERIZON ,-'.. Address:
.f/tl":
16
PURCHASE AGREEMENT
CITY OF SAN BERNARDINO - SPORT TRAILERS
This Purchase Agreement is entered into this 18th day of July, 2011, by and between Sport
Trailers ("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 5 Mobile Community Emergency Response
Team Trailers; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors
for the purchase of 5 Mobile Community Emergency Response Team Trailers; and,
WHEREAS, Sport Trailers, submitted the lowest and best quote for the purchase of 5 Mobile
Community Emergency Response Team Trailers;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 5 Mobile
Community Emergency Response Team Trailers equipped as set forth on Vendor's proposal, attached
hereto and incorporated herein as Exhibit "A." Delivery to City is to be made at Vendor's place of
business.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of$61,557.75 for 5 Mobile Community
Emergency Response Team Trailers, $20,000.00 of which is to be paid upon execution of
this Agreement. Final payments will be processed upon completion and acceptance of the
5 Mobile Community Emergency Response Team Trailers.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
a. This purchase shall be completed by September 15, 2011 after receipt of accepted purchase
order.
b. 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 amended.
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
CITY OF SAN BERNARDINO - SPORT TRAILERS
PURCHASE AGREEMENT
PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good
material and workmanship, free from defects and free 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 V endor 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
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 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$100/300,000 limits, 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 ofInsurance furnished to the
City shall require the insurer to notify City of any change or termination in the 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, ancestry, age, mental or
physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other
status protected by law.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under 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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 2
PURCHASE AGREEMENT
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:
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, CA 92410
Attention: Fire Chief
Telephone: (909) 384-5286
TO THE Vendor:
Sport Trailers
271 South I Street
San Bernardino CA 92410
Attention: Kenneth Kormilo, Owner
Telephone: (909)888-5003
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.
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the
market rate for comparable services.
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 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 ansmg m 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.
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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 3
PURCHASE AGREEMENT
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
circnmstance, and the remaining provisions of this Agreement shall remain in full force and effect.
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and shall
be deemed cnmulative 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.
18. 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 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: ~ -/2. - I ,
,2011
Dated
,2011
SPORT TRAILERS
By: \\ ~
Ken Kormilo, Owner
CITY OF SAN BERNARDINO
~
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
CITY OF SAN BERNARDINO - SPORT TRAILERS 4
PURCHASE AGREEMENT
RFQF-1l-17
Mobile CERT Trailers
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-17
Mobile CERT Trailers
(Community Emergency Response Team)
Quantfty: Five (5)
NOTICE: ~PECIAL INSTRUCTIONS TO THE BIDDER"
Equipment: Bidder shan complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
GENERAL SPECIFICATIONS:
General
Bid prices effective for 90 days from bid opening
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
Five (5) Trailers 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Minimum requirements;
16' Roor length
Dual axle with 3,500 GVW each axle
Electric brakes on one axle
Tongue Jack with wheel
2 inch coupler f" ~f)
2 inch receiver ball and hitch drop size TBD "Ci /jj;.
36" side door on right side in front of tires /IS 5p~
Step for side door
Rear door ramp style
One roof vent
24 inch work bench full width in front of trailer
15" Trailer wheels with mounted spare
Wheels to be painted white
12 volt lighting
Inside lights
Loading lights
Porch Dght over side door
Rooring to be dark vinyl
Color Red exterior skin and matchina interior
9
.t:XII/.!3'IT 'jJ f'
RFQF-Il-17
Mobile CERT Trailers
Five (5) Trailers 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Itsm 2-12 Volt
24 Deep Cycle Maintenance Free battery liS ' I
SptEClfltt)
Itsm 3-Tie down attachments . I '
In floor D rings (Locations TBD) /15 Sp I!C IF I IfIJ
Itsm 4 -110 volt Connection and lighting
25 ' electric cord to breaker box
3 duplex receptacles (one outside location) 115 5P t:u(! ll::~1J
3 outside lights (Locations TBD)
3 inside Iiahts (Locations TBD)
Itsm 5- Shelving
4 full length shelves
2 each side
Driver side front to back /15 5pISC''-t,t.s-''
Passenger side from side door to back
Metal frame with wood sheMng and matching vinyl
coverin~.
Item 6- Wheel ontlon
Substitute 4 - white wheels with /15- Sp~Gtf,l:-{)
4 - chrome wheels
Item 7- Exterior Graphics
City logo and additional graphics on each side and . I
rear of trailer. Graphics to include the following; City {t5 S P t:;C ,..(!.I ~(:)
logo. SBFD logo, CERT and more to be designed
and aooroved before installation.
Item 8 - Warranty
Any warranty must be included as part of the bid. No Its S(Jlf;ctf. I~
additional warranties will be Durchased.
10
RFQ F-Il-11
Mobile CERT Trailers
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
ADDRESS:
RFQ F-11-17
. Mobile CERT Trailers
,>PtlRT TRA I LEU'>
271 SOUTH I STREET
~AN R~RNARnrNn. fA Q?41n
KENNHW KORM I to OWNER gag 323-5003
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
KFN~FTH KORI'IIIO
Provide pricing that is a Finn Fixed Fee. to include transportation charges,
warr~nty and sales tax as a separate line item.
UNIT
FEE
$--1J . 7-.q)~fO 0
-
$ Jo/(g.5.)
$. 1).,311,$.5
Per Vehicle
Sales Tax 9%
Total:
Are there any other additional or incidental costs, which win be required by your
~orderto meetthe requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes., please provide detail of said additional
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
~n~~
15
RFQ F-Il-I?
Mobile CERT Tmilers
PRICE FORM (continued)
Have you included in y.our bid all informational items and forms as requested{Ye0
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ.close date.
Terms and conditions as set forth in this RFQ apply to this bid.
&l Yo /0 f)M S
Cash discount allowable % - days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda waslwere received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
\L
~\
6)
PRINT SIGNER'S NAME AND TITLE: KENNH~ KQRM I UL QWNER
DATE SIGNED: l.j - ~ - II
COMPANY NAME & ADDRESS: <:POIll TIl A T I FIl <:
271 SOUTH I STREET
SAN BERNARDINO, CA 92410
PHONE: qnq RRR-linn3
FAX: qnq RRR-nl'S'S
EMAIL: SPORTTRAllf:RS!ilVf:RIZON..,. Address:
.)Jt1'"
16
PURCHASE AGREEMENT
CITY OF SAN BERNARDINO - SPORT TRAILERS
This Purchase Agreement is entered into this 18th day of July, 2011, by and between Sport
Trailers ("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 5 Mobile Community Emergency Response
Team Trailers; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors
for the purchase of 5 Mobile Community Emergency Response Team Trailers; and,
WHEREAS, Sport Trailers, submitted the lowest and best quote for the purchase of 5 Mobile
Community Emergency Response Team Trailers;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 5 Mobile
Community Emergency Response Team Trailers equipped as set forth on Vendor's proposal, attached
hereto and incorporated herein as Exhibit "A." Delivery to City is to be made at Vendor's place of
business.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of$61,557.75 for 5 Mobile Community
Emergency Response Team Trailers, $20,000.00 of which is to be paid upon execution of
this Agreement. Final payments will be processed upon completion and acceptance of the
5 Mobile Community Emergency Response Team Trailers.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
a. This purchase shall be completed by September 15, 2011 after receipt of accepted purchase
order.
b. 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 amended.
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
CITY OF SAN BERNARDINO - SPORT TRAILERS I
PURCHASE AGREEMENT
PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good
material and workmanship, free from defects and free 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 V endor 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
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 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$100/300,000 limits, 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.
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, ancestry, age, mental or
physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other
status protected by law.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under 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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 2
PURCHASE AGREEMENT
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:
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, CA 92410
Attention: Fire Chief
Telephone: (909) 384-5286
TO THE Vendor:
Sport Trailers
271 South I Street
San Bernardino CA 92410
Attention: Kenneth Kormilo, Owner
Telephone: (909)888-5003
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.
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the
market rate for comparable services.
11. ASSIGNMENT.
Vendor shall not voluntarily or by operation oflaw 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 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 anslllg III 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.
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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 3
PURCHASE AGREEMENT
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. REMEDIES; W AlVER.
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.
18. 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 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: If - , z - \ \ , 2011
Dated
,2011
SPORT TRAILERS
By:\'- ~ ~
Ken Kormilo,. wner
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Pemnan, City Attorney
"J- 9- ,~
CITY OF SAN BERNARDINO - SPORT TRAILERS 4
PURCHASE AGREEMENT
RFQF-Il-17
Mobile CERT Trailers
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-17
Mobile CERT Trailers
(Community Emergency Response Team)
Quantity: Five (S)
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Equipment: Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
GENERAL SPECIFICATIONS:
General
Bid prices effective for 90 days from bid opening
FAILURE TO COMPLETE RIGHT HANp COLUMN WILL INVALIDATE BID
Five (5) Traileis 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Minimum requirements;
16' Aoor length
Dual axle with 3,500 GVW each axle
Electric brakes on one axle
Tongue Jack with wheel
2 inch coupler ,
2 inch receiver ball and hitch drop size TBD .fl15IJ
36" side door on right side in front of tires /1S 5p,sC1
Step for side door
Rear door ramp style
One roof vent
24 inch work bench fuD width in front of trailer
15" Trailer wheels with mounted spare
WI1eels to be painted white
12 volt lighting
Inside lights
Loading lights
Porch right over side door
Aooring to be dark vinyl
Color Red exterior skin and matchi interior
9
EXH /63' IT 'It II
RFQ F-ll-] 7
Mobile CERT Trailers
Five (5) Trailers 8' X 16' Fully Enclosed ACCEPTABLE' AS SPECIFIED
Item 2 12 Volt
24 Deep Cycle Maintenance Free battery AS ' ,
SPIEClfl~1J
Item 3-Tie down attachments . I .
In floor 0 rings (locations TBO) /15 Spl!C' p/ if'"
Item 4 -110 volt Connection and Ughtlng
25 . electric cord to breaker box
3 duplex receptacles (one outside location) /15 SP t:c.;(! lIS-I)
3 outside lights (locations TBD)
3 inside liohts (locations TBDl
Item 5- Shelving
4 fun length shelves
2 each side
Driver side front to back fJ:> SPISC:..f., /.r~
Passenger side from side door to back
Metal frame with wood shelving and matching vinyl
coverina.
Item 6- Wheel ontion
Substitute 4 - white wheels with /15- SplCGtf,tN)
4 - chrome wheels
Item 7- Exterior Graphics
City logo and additional graphics on each side and . I
rear of trailer. Graphics to include the foHewing; City ItS . Spt:''''~lLd)
logo, SBFD logo, CERT and more to be designed
and aooroved before installation.
Item 8 - WarrantY
Any warranty must be included as part of the bid. No /J-S SOl!;ctl ,~
additional warranties will be nurchased.
]0
RFQF-ll-17
Mobile CERT Trailers
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
RFQ F-11-17
Mobile CERT Trailers
ADDRESS:
~Pf}RT TRAILERS
271 S01JTH I STREET
~AN RFRNARnTNO. fA q?~10
KHNHW KORM IlO OWNER llOll S gg-500~
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
KFN~FTH KORMIIO
Provide pricing that is a Firm Fixed Fee. to Include transportation charges,
wamMnty and sales tax as a separate line item.
UNIT
FEE
$--3\ , J...ct:f, () 0
.-
$ J 0 '''',j5
$. I:J., 311,55
Per Vehicle
Sales Tax 9%
Total:
Are there any other additional or incidental costs. which win be required by your
~ order to meet the requirements of the Technical Specffications? Yes I
~ (circle one). If you answered "Yes., please provide detail of said additional
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
fJIn~r:
15
RFQF-1I-17
Mobile CERT Trail.rs
PRICE FORM (continued)
Have you included in y.our bid all informational items and forms as requested{Ye0
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ.close date.
Terms and conditions as set forth in this RFQ apply to this bid.
t!2yo IOO/tys
Cash discount allowable % - days; unless othelWise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate aD Addenda to this RFQ received by your firm, and the date said
Addenda wasfwere received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
\L
.
~\
6)
PRINT SIGNER'S NAME AND TITLE: KENNH~ KORM Ill), OWNER
DATE SIGNED: l.j -1 '1"- II
COMPANY NAME & ADDRESS: O::POIH TIlA TII=IlO::
271 SOUTH I STREET
SAN BERNARDINO, CA 92410
PHONE: qnq RRR-Iinn3
FAX: qnq RRR-nl 'B
EMAIL: SPORTTRAllERSlilVERIZON ..,.. Address:
.rJe-r
16
PURCHASE AGREEMENT
CITY OF SAN BERNARDINO - SPORT TRAILERS
This Purchase Agreement is entered into this 18th day of July, 2011, by and between Sport
Trailers ("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 5 Mobile Community Emergency Response
Team Trailers; and,
WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors
for the purchase of 5 Mobile Community Emergency Response Team Trailers; and,
WHEREAS, Sport Trailers, submitted the lowest and best quote for the purchase of 5 Mobile
Community Emergency Response Team Trailers;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide 5 Mobile
Community Emergency Response Team Trailers equipped as set forth on Vendor's proposal, attached
hereto and incorporated herein as Exhibit "A." Delivery to City is to be made at Vendor's place of
business.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of$61,557.75 for 5 Mobile Community
Emergency Response Team Trailers, $20,000.00 of which is to be paid upon execution of
this Agreement. Final payments will be processed upon completion and acceptance of the
5 Mobile Community Emergency Response Team Trailers.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
a. This purchase shall be completed by September 15, 2011 after receipt of accepted purchase
order.
b. This Agreement may be terminated at any time by thirty (30) days' written notice by either
party. The terms ofthis Agreement shall remain in force unless mutually amended.
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
CITY OF SAN BERNARDINO - SPORT TRAILERS I
PURCHASE AGREEMENT
PURCHASE is based, shall be fit and sufficient for the purpose intended, merchantable, of good
material and workmanship, free from defects and free 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 ofthis 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 ofthe 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
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 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 $100/300,000 limits, 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.
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, ancestry, age, mental or
physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other
status protected by law.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under 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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 2
PURCHASE AGREEMENT
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:
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, CA 92410
Attention: Fire Chief
Telephone: (909) 384-5286
TO THE Vendor:
Sport Trailers
271 South I Street
San Bernardino CA 92410
Attention: Kenneth Kormilo, Owner
Telephone: (909)888-5003
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.
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the
market rate for comparable services.
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 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 ansmg m 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.
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.
CITY OF SAN BERNARDINO - SPORT TRAILERS 3
PURCHASE AGREEMENT
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. 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.
18. 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 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: '{-(2-11 ,2011
Dated
,2011
SPORT TRAILERS
By:\l ~ Q
Ken Kormilo, Owner
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Attorney
CITY OF SAN BERNARDINO - SPORT TRAILERS 4
PURCHASE AGREEMENT
RFQ F-1l-17
MDbile CERT Trailers
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-17
Mobile CERT Trailers
(Community Emergency Response Team)
Quantity: Five (5)
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Equipment: Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
WAs Specified" if item is exactly as set forth in the left-hand column.
GENERAL SPECIFICATIONS:
General
Bid prices effective for 90 days from bid opening
FAILURE TO COMPLETE RIGI:lT HAND COLUMN WILL INVALIDATE BID
Five (5) Traileis 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Minimum requirements;
16' Roor length
Dual axle with 3,500 GVW each axle
Electric brakes on one axle
Tongue Jack with wheel
2 inch coupler p' ~IJ
2 inch receiver ball and hitch drop size TBD 5pIJCi Jt.:;
36" side door on right side in front of tires /IS
Step for side door
Rear door ramp style
One roof vent
24 inch work bench full width in front of trailer
15" Trailer wheels with mounted spare
Wheels to be painted white
12 volt lighting
Inside lights
Loading lights
Porch right over side door
Flooring to be dark vinyl
Color Red exterior skin and matchina interior
9
E,xfl/.P1T 'jl'f
RFQF-n-17
Mobile CERT Trailers
Five (5) Trailers 8' X 16' Fully Enclosed ACCEPTABLE I AS SPECIFIED
Item 2-12 Volt
24 Deep Cycle Maintenance Free battery . I
IlS SPIEClfl~()
Item 3-Tie down attachments . I J
In floor D rings (Locations TBD) /15 Sp/!c, FI iflJ
Item 4 -110 volt Connection and Ughtlng
25 . electric cord to breaker box
3 duplex receptacles (one outside location) fi5 SP tt.af ltNJ
3 outside lights (Locations TBD)
3 inside liahts (Locations TBDl
Item 5- Shelving
4 full length shelves
2 each side
Driver side front to back /1':> 5plSC,:-IIl.r-'
Passenger side from side door to back
Metal frame with wood shelving and matching vinyl
coverina.
Item 6- Wheel option
Substitute 4 - white wheels with /15- Splf;Gtf/t:.-"
4 - chrome wheels
Item 7- Exterior Graphics
City logo and additional graphics on each side and . I
rear of traDer. Graphics to include the following; City fi5 Spl:;'r-(!./~()
logo, SBFD logo, CERT and more to be designed
and aDDroved before installation.
Item 8 - WarrantY
Any warranty must be included as part of the bid. No /t5 Sf)lt;.ctl/~
additional warranties will be Durchased.
10
RFQ F-Il-17
Mobile CERT Trailer>
PRICE FORM
REQUEST FOR QUOTES:
DESCRIPTION OF RFQ:
COMPANY NAME
ADDRESS:
RFQ F-11-17
. Mobile CERT Trailers
SPORT TRAIlFIlS
271 SOUTH I STREET
~AN R~RNARnrNn. rA q?hln
KUNHW KQRrUlQ Q\oINIiR gag 2U-Hla~
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
KFNNETH KO~I'\TIO
ProvIde pricing that is a FInn Fixed Fee. to Include transportation charges,
wa""nty and sales tax as a separate line item.
UNIT
FEE
$_11, ~Cf)~f" 0
.-
$ J ol(g.5".5
$ .1:1., '311,55
Per Vehicle
Sales Tax 9%
Total:
Are there any other additional or incidental costs. which win be required by your
~order to meet the requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes., please provide detail of said additional
Please indicate any elements of the Technical Specifications that cannot be met
by your finn.
~O~~
]5
RFQF-ll-17
Mobile CERT Traile..
PRICE FORM (continued)
Have you included in your bid all informational items and forms as requested{Yei)
f No (circle one). If you answered "No., please explain:
This offer shall remain firm for 90 days from RFQc\ose date.
Terms and conditions as set forth in this RFQ apply to this bid.
J2?o /OOA,,/.s
Cash discount allowable % - days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda wasfwere received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
\L
~\
6:>
PRINT SIGNER'S NAME AND TITLE: K&:NNHW KQRMIlQ. QWNER
DATE SIGNED: L.j - t 'l- II
COMPANY NAME & ADDRESS: <:PO!H TIlA 11 FIl<:
271 SOUTH I STREET
SAN BERNARDINO, CA 92410
PHONE: qnq RRR-E;003
FAX: qnq RRR-Ol~~
EMAIL: SPORTTRA Il1::RSlilvER 1 ZOIll.:.. Address:
.rJt-r
16