HomeMy WebLinkAbout16- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTIT R I G I NA L
From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Amendment and increase to
Date: March 4, 2010 Purchase Order Number 302895 by
$5,200 to All American Truck & Auto
Body in order to completely repair
refuse unit 07176.
Meeting Date: March 15, 2010
Synopsis of Previous Council Action:
On June 1, 2009 — per Resolution 2009-130 - the Mayor and Common Council of the
City of San Bernardino authorized the execution of an Agreement and issuance of a
Purchase Order in the amount of$56,900 to All American Truck & Auto Body in order to
repair refuse unit 07176.
Recommended Motion:
Adopt Resolution.
ignature
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution,
Amendment No. 1 to the Vendor Service
Agreement and Attachment 1
FUNDING REQUIREMENTS: Amount: $5,200
Source: FY 09-10
IWM Division Account
Number 527-413-5172
(Equipment Maintenance)
Finance:
Council Notes: / )esa �2010— 517
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the execution of an Amendment and increase to Purchase Order Number 302895 by
$5,200 to All American Truck & Auto Body in order to completely repair refuse unit
07176.
Background:
On June 1, 2009, the Mayor and Common Council of the City of San Bernardino
authorized the execution of an Agreement and issuance of a Purchase Order in the
amount of $56,900 to All American Truck & Auto Body in order to repair refuse unit
07176 per Resolution 2009-130. The initial estimate for this repair included an exact
cab match for the cab replacement on the damaged unit. After the purchase order was
issued, the manufacturer, not the vendor, discontinued this cab and was no longer
available.
In order to make the necessary repairs, staff had to purchase a different type of cab and
modify it to fit our style of cab, which delayed the repairs by approximately four (4)
months. In addition, the modifications increased the cost of the repairs by
approximately $5,200 (See Attachment 1). The modifications included cab mounting
bracketry, door alignment, paint and fitment along with miscellaneous parts and labor
costs.
Staff recommends that the Mayor and Common Council of the City of San Bernardino
authorize the execution of an Amendment and increase to Purchase Order Number
302895 by $5,200 to All American Truck & Auto Body in order to completely repair
refuse unit 07176.
Financial Impact:
There will be no impact to the General Fund. Staff has identified savings in the IWM
Division, Account No. 527-413-5179 (Dump Waste Fees) in the amount of $5,200 and
will transfer it to Account Number 527-413-5172 (Equipment Maintenance). Staff will
utilize these savings in order to complete the repairs.
Account Number 527-413-5172 Budgeted Amount: $56,900 Balance as of March 4,
2010: Balance after approval of this item: 0.00
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Account Number 527-413-5179 Budgeted Amount: $3,982,400 Balance as of March 4,
2010: 160 699 Balance after approval of this item: $155,499
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution. '
p$-IS'I o
1
RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
3 INCREASE TO PURCHASE ORDER NUMBER 302895 BY $5,200 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO COMPLETELY REPAIR
4 REFUSE UNIT 07176.
5 WHEREAS, the current Purchase Order of $56,900 needs to be increased by
6
$5,200 for a total Purchase Order amount of $62,100 in order to completely repair
7
8 refuse unit 07176.
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
10
SECTION 1. That the City Manager of the City of San Bernardino is hereby
it
12 authorized to execute on behalf of said City an Amendment to the Agreement between
13 the City of San Bernardino and All American Truck & Auto Body, a copy of which is
14 attached hereto, marked Exhibit "A" and incorporated herein by this reference as fully
15 as though set forth at length.
9 9
16 SECTION 2. Pursuant to this determination, the Finance Director or her
17
designee is hereby authorized to increase Purchase Order Number 302895 from
18
19 $56,900 to $62,100 for FY 09-10.
20 SECTION 3. The Purchase Order shall reference this Resolution and shall
21 read, "All American Truck & Auto Body in order to completely repair refuse unit
22 07176."
23 SECTION 4. The authorization to execute the above referenced Amendment is
24
rescinded if it is not issued within sixty (60) days of the passage of this Resolution.
25
26
27 u/ '3 - � s--iD
28 ///
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND
2 INCREASE TO PURCHASE ORDER NUMBER 302895 BY $5,200 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO COMPLETELY REPAIR
3 REFUSE UNIT 07176.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6
meeting thereof, held on the day of 2010, by the
7
8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13
SHORETT
14
KELLEY
15
16 JOHNSON
17 MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
, 2010.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
ajameds� Pen as to Form25
-26 man
27 City Attorney
28
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2
3 This Agreement is entered into this 15th day of March 2010,by and between
All American Truck&Auto Body ("VENDOR") and the City of San Bernardino
4
("CITY"or"San Bernardino").
5
6 RECITALS
7
8 A. On June 1, 2009 - per Resolution 2009-130 - the Mayor and Common Council of
9 the City of San Bernardino authorized the execution of an Agreement and
10 issuance of a Purchase Order in the amount of$56,900 to All American Truck &
Auto Body in order to repair refuse unit 07176, a copy which is attached hereto as
11
Attachment"2" and incorporated by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
13 amount of the Agreement by$5,200 for a total not-to-exceed$62,100 for FY 09-
14 10.
15
16 AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
17
the parties agree as follows:
18
19 1. Section 2 (a) of the Agreement is amended by striking $56,900 and adding
20 the term $62,100.
21 2. All other provisions of the written contract are reaffirmed as originally stated.
22
23
24
25
26
27
28
Exhibit"A"
1
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK& AUTO BODY
2
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
5
6 Dated: 12010 All American Truck &Auto Body
7 By:
8
9
10
11 Dated: 2010 CITY OF SAN BERNARDINO
12
13
By: Charles E. McNeely, City Manager
14
15
16 ATTEST:
17
18
19 Rachel Clark, City Clerk
20
21 Approved as to form`.
22
23 James F. Penman, City Attorney
24
By:
25
26
27
28
Exhibit "A"
2
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2
3 This Agreement is entered into this 15th day of March 2010,by and between
All American Truck &Auto Body("VENDOR') and the City of San Bernardino
4
("CITY"or"San Bernardino").
5
6 RECITALS
7
g A. On June 1, 2009 -per Resolution 2009-130 - the Mayor and Common Council of
9 the City of San Bernardino authorized the execution of an Agreement and
issuance of a Purchase Order in the amount of$56,900 to All American Truck &
10
Auto Body in order to repair refuse unit 07176, a copy which is attached hereto as
11
Attachment"2" and incorporated by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
13 amount of the Agreement by$5,200 for a total not-to-exceed$62,100 for FY 09-
14 10.
15
16 AGREEMENT
17 In consideration of the mutual promises contained in the Vendor Services Agreement.
the parties agree as follows:
18
19 1. Section 2 (a) of the Agreement is amended by striking 556,900 and adding
20 the term $62,100.
21 2. All other provisions of the written contract are reaffirmed as originally stated.
22,
23
24
25
26
27
28
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK&AUTO BODY
2
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
5
6 Dated: 2010 All American Truck &Auto Body
7
By:
8
9
10
11 Dated: 2010 CITY OF SAN BERNARDINO
12
13
By: Charles E. McNeely, City Manager
14
15
16 ATTEST:
17
18
19 Rachel Clark, City Clerk
20
21 Approved as to form:
22
23 James F. Penman, City Attome
24
By c
25
26
27
28
2
2009-130 ATTACHMENT 2
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this I' day of June 2009, by and
3 between All American Truck & Auto Body ("VENDOR'S and the City of San Bernardino
4 ("CITY"or"San Bernardino").
5 WITNESSETH:
6
WHEREAS,the Mayor and Common Council have determined that it is in the best
7
8 interest of the CITY to contract for the repairs of refuse unit 07176;and
9 WHEREAS, the City of San Bernardino has determined that VENDOR possesses the
10 professional skills and ability to provide said services for the City;
I1 NOW, THEREFORE,the parties hereto agree as follows:
12 I. SCOPE OF SERVICES.
13
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
14
services of VENDOR to provide those products and services as set forth in its quote dated
15
16 January 13, 2009, attached hereto, marked Attachment "1" and incorporated herein by this
17 reference as fully as though set forth at length. All American Truck & Auto Body submitted
18 the lowest quote, including a ninety (90) day warranty on all labor/workmanship and one year
19 on all new parts installed.
20 2. COMPENSATION AND EXPENSES.
21
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
22
23 pay the VENDOR up to the amount of $56,900 to provide and perform those
24 products and services described in Section 1 above.
25 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
26
27
28
1
• 2009-130
1 3. TERM.
2
The term of this agreement shall be for a period of one (1) year from June 1, 2009 to
3 June 1,2010.
4 This Agreement may be terminated at any time by thirty (30) days prior written notice
5 by either party. The terms of this Agreement shall remain in force unless amended by written
6
agreement of the parties executed on or before the date of expiration of current term of the
7
8 agreement.
9 4. INDEMNITY.
10 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
11 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
12 any kind and nature arising from bodily injury, including death, or property damage, based or
13 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
14
subcontractors, relating to or in any way connected with the accomplishment of the work or
15
16 performance of service under this Agreement, unless the bodily injury or property damage was
17 actually caused by the sole negligence of the City, its elected officials, employees, agents or
18 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
19 own expense, including attorney's fees the City, its elected officials, employees, agents or
20 representatives from any and all legal actions based upon such actual or alleged acts or
21
omissions. Vendor hereby waives any and all rights to any types of express or implied
22
23 indemnity against the City, its elected officials, employees, agents or representatives, with
24 respect to third party claims against the Vendor relating to or in any way connected with the
25 accomplishment of the work or performance of services under this Agreement.
26
27
28
v 2
2009-130
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
6
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
7
8 additional named insured in each policy of insurance provided hereunder. The Certificate of
9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
11 change or termination of policy.
12 6. NON-DISCRIMINATION.
13
In the performance of this Agreement and in the hiring and recruitment of employees,
14
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
15
16 discrimination in employment of persons because of their race, religion, color, national origin,
17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
18 sexual orientation, or any other status protected by law, except as permitted pursuant to Section
19 12940 of the California Government Code.
20 INDEPENDENT CONTRACTOR.
21
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
22
23 purposes VENDOR shall be an independent contractor and not an agent or employee of the
24 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
26 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
27
28
3
2009-130
1 employees, and all business licenses, if any are required, in connection with the services to be
2 performed hereunder.
3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
4 VENDOR warrants that it possesses or shall obtain,and maintain a business registration
5 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
6
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
7
8 to practice its business or profession.
9 9. NOTICES.
10 Any notices to be given pursuant to this Agreement shall be deposited with the United
11 States Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY: Public Services Director
13 300 North "D" Street
San Bernardino, CA 92418
14 Telephone: (909) 384-5140
15 TO THE VENDOR: All American Truck &Auto Body
10429 Sultana Ave.
16 Fontana, CA 92337
17 Telephone: (909) 598-2706
Contact: Mike Kennedy
18
10. ATTORNEYS' FEES
19
20 In the event that litigation is brought by any party in connection with this Agreement
21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
25
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
26
27 fees" for the purposes of this paragraph.
28
4
2009-130
Q1 11. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 12. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13 Bernardino, State of California or the U.S. District Court for the Central District of California,
�^ 14
Riverside Division.. The aforementioned choice of venue is intended by the parties to be the
15
16 mandatory and not permissive in nature.
17 13. GOVERNING LAW.
18 This Agreement shall be govemed by the laws of the State of Califomia.
19 14. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this
21
Agreement and their respective heirs, representatives, successors,and assigns.
22
15. HEADINGS.
23
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27
28
5
2009-130
1 VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK& AUTO BODY
2
3 16. ENTIRE AGREEMENT; MODIFICATION.
4 This Agreement constitutes the entire agreement and the understanding between the
5 parties,and super cedes any prior agreements and understandings relating to the subject manner
6
of this Agreement. This Agreement may be modified or amended only by a written instrument
7
8 executed by all parties to this Agreement.
9 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
10 and date set forth-below-
11 Dated: -22 ,2009 VENDOR
12 By:
13 Its: _—
14
Dat e�A• � , 20D9 CITY O AN BERNA 0
Ib
16 By.
City antager
17 Approved as to Forme:
18 By: �
19
es F. Permian, City Attorney
20
21
22
23
24
25
26
27
28
6
�uuy'—yrsu
ATTACHMENT I
All American Track
10429 Saltma Ave,F.O.Box 3997
Fontana.CA,92334
T91:909'4:19-341013411 Fax;909-028-8132
dmmonks®yahao.00m
Esfpndfe • Prellitrsinauy
Estimate Prepared by: Tim Monies Appraised for. City Of San Bernardino
AoWo,AData PW
Dam Of LOW ,Dana. 11132009
Arrival Der. FAdmaaea:
Type of Loss:
Poltoy Number.
Claim Number:
Appraised for,
Company: City Of Sao Bornutllao
Coolant: paw
Address: 182 S Sierra Wy
Coy,State,Tip Code: Sam Bemard'mg_CA 924H
Telephone,Fax: 909.384.5224,909-384-7238
Year Make Modal Color Trim
2006 AUTOCAR WX
Unit Number License Plate N Mileage SeriaW/vDCM
7176 205090
Sap SM Labor Labor Da rlptba Part Part NUaaber Dollar labor
Type Op Type Amount Units
1 Body Ram/R4p Cab Assy (Remove& Now $38,000.00 T 2210"
Replace Cab Any
CampletO
2 R&7 Body Comrrok,Lues,
Bads Up Camera Manitor.
Scale Display&Electrical
Units
3 R&1 Methane Gas Detection +
System
4 Body Ram/Aep Cab Mount Bradtet R New $735.74 T 3,tr
5 Body Rasm/Aep Cab kfinp,Fmca L Now $794.00 T
6 Body Rem/Rep Oatud,Front Cab New $400.00 T 1.5•
7 Body Ram/Rop Grillo Assy New $947.00 T 1.00
8 Body Rom/Rep Mauro,Air Filter New $294.00 T 1.5•
9 Body Rem/Rep Body Comopy New $1,290.00 T 8.0•
10 Body Repair Front Burnpar Assy Exist 4.0•
11 Body RmnAkcp Radiator Assy New S3,73800 T 4.0*
12 Body RemlRep Chap Air Cooke Now $1,496,00 T I.O,
13 Body RemlRep Rvbarae A-C Now 1Ss
version 10 TrlwlcUst is a Trademark of Mitchell Intaustlonal
Dome"Edition PITT 08-04 a 71998-2009 Mitcbdt Imuamtionel,Inc. Pap I of 2
All Rlghts Roomwo cl.
E0/68 39vd [8LD889biLi IE:Li 6BRd/CI/Ie
'LUU9-liU
Sup Seq Labor tabor pescriptioo Part Part Nw taw �rt Labor
Type op Type
1a Body RetrJRep A�Ckao°r Sayaator New $916.00 T 200
15 Body CbWAS laV=framc'OPea Item Exiu _ 1.01
For lnspsction
16 Body Raf Paintitepain Exist 5.0'
15 Paint Materiels $165.00 T '
19 Shop Merarials 5320,00 T
20 Hazardous Waste $20.W
*-Judgemuot ftam
4-Labor Note Applies
Labor Parts
Body 55.5 Hn @ $75.00 $4,16230 Parts Subtotal $47,910.74
Labor Total $4,162.50 Lass Adjaaeaeots --- $47,910.74
Parts Total
Additional Costa and Operations
Add!,CostsiOps Total $505.00
TAY
pars Tax @ 7.75% $3,713.08
AddL Costs Tax ® 7.75% _ $37.59
Tax Total 59,750.67
Totals
Sub"/oral: $56,328.91
Customer Resp. 50.00
Net Total $56;28.91
The above is an ea8amte bated on our ir=60oan and does not Mar arty additional parts w te0or whicA 'per' . Bet d njay after me Work
has started. a�,nO1gu8a+zn0aadordan���on�do lwoarclich anot to Katot on the
e.ant lnapectro,. Because of this.the
Thia k a preliminary Mdmat� .tddittoaal chv gas to the ertlmote may be required for Ur—few repair.
7Yuek&rdorr rd awomattoafly include trams requiredby marry bushiess repairpartrrerr. 77vsapplicationallows
the wehor to mamrally etdv line hems ,,,h as overlap tkduettorr&
2006 AUTOCAR WX
Version 2.0 11a4B t is a Trademark of MitchcU lutamarlonal
I)ersb ac Edson PHT08-04 01999-2009 NfitdwU hgoragtioaal.Inc. Page 2 of 2
All Rigbm Reserved.
£0/EO 39Vd LBZtr089p TLT IF;El 60AZ/£T/10