HomeMy WebLinkAbout2011-311
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RESOLUTION NO. 2011-311
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER TO MCCRAY ENTERPRISES IN THE
4 AMOUNT OF $34,522.32 FOR THE REPLACEMENT OF FUEL INJECTORS ON 12
EMERGENCY VEHICLES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That McCray Enterprises is the selected vendor for the replacement of
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fuel injectors on 12 emergency vehicles in accordance with Bid Specification #F-12-02 for a
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total amount of $34,522.32. All other bids are hereby rejected.
11 SECTION 2. The City Manager is hereby authorized and directed to execute on
12 behalf of the City a Services Agreement with McCray Enterprises, a copy of which is
13 attached hereto, marked Attachment "A" and incorporated herein by reference as fully as
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though set forth at length.
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SECTION 3. The Director of Finance or her designee is hereby authorized to issue a
17 purchase order to McCray Enterprises. The purchase order shall incorporate by reference this
18 Resolution number, shall reference the terms in RFQ Bid Specification #F-12-02, and shall
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incorporate the terms and conditions of the bid of McCray Enterprises.
SECTION 4. The authorization to execute the above referenced Purchase Order is
rescinded if the Agreement authorized in Section 2 is not fully executed within thirty (30)
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23 days ofthe passage of this Resolution.
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27 III
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2011-311
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO MCCRAY ENTERPRISES IN THE
AMOUNT OF $34,522.32 FOR THE REPLACEMENT OF FUEL INJECTORS ON 12
3 EMERGENCY VEHICLES.
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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
ioint regular
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21 The foregoing resolution is hereby approved this
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thereof, held on the 5th day of December, 2011, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
JENKINS x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
{;!~ ;.,.~
RaclJ.el G. Clark, CMC, City Clerk
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(, day of December, 2011.
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25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
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2011-311
Attachment "A"
SERVICES AGREEMENT
CITY OF SAN BERNARDINO - MCCRAY ENTERPRISES
This Purchase Agreement is entered into this 5th day of December, 2011, by and between
McCray Enterprises ("Vendor") and the City of San Bernardino ("City" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous and in
the best interest of the City to contract for the replacement of fuel injectors on 12 emergency vehicles;
WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors
for the replacement of fuel injectors on 12 emergency vehicles; and,
WHEREAS, McCray Enterprises, submitted a quote and has been selected for the replacement
of fuel injectors on 12 emergency vehicles.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor for the replacement of
fuel injectors on 12 emergency vehicles 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 $34,522.32 for the replacement offuel
injectors on 12 emergency vehicles.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
a. The replacement of the fuel injectors in 12 emergency vehicles shall be completed no later
than June 30, 2012.
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 descriptions upon which this
purchase is based, shall be fit and sufficient for the purpose intended, and shall be 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
CITY OF SAN BERNARDINO - McCray Enterprises I
PURCHASE AGREEMENT
2011-311
foregoing warranty without expense to the City, when notified of such nonconformity by City. If
Vendor fails to correct the defects in or replace nonconforming 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 calendar
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$I,OOO,OOO 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. The Certificate of Insurance furnished to the City shall require the insurer
give City 30 days' prior written notice 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.
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:
CITY OF SAN BERNARDINO - McCray Enterprises 2
PURCHASE AGREEMENT
2011-311
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:
McCray Enterprises
24268 5th Street
San Bernardino, CA 92410
Attention: Rick McCray, Owner
Telephone: (909) 381-1964, (909) 885-2551
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 arlsmg 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 - McCray Enterprises 3
PURCHASE AGREEMENT
2011-311
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.
I~\<(
,2011
Dated: \d-. - Q-,.
MCCRAY ENTERPRISES
,2011
Dated
By:~~
Rick McCray, Owner
Approved as to Form:
James F. Penman, City Attorney
By: L ?--~
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CITY OF SAN BERNARDINO - McCray Enterprises 4
PURCHASE AGREEMENT