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HomeMy WebLinkAbout05.E- Public Works 5.E RESOLUTION (ID #2714) DOC ID: 2714 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Tony Frossard M/CC Meeting Date: 11/04/2013 Prepared by: Leon E. Schrader, (909) 384- 5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2014-1155 for a Total of $100,000 with Two (2) One-Year Extensions at the City's Option to Fleet Pride of Ontario for Heavy Duty Truck Parts and Supplies. (#2714) Current Business Registration Certificate: No Financial Impact: Budgeted amount for FY 13/14: $1,182,300 Account No. 635-400-0100-5111 Account Description: Materials and Supplies Balance as of 10/24/2013: $146,453.17 Balance after approval of this item: $76,453.17 Please note this balance does not indicate available funding. It does not include non-encumbered reccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: July 01, 2013: The Mayor and Common Council authorized Resolution No. 2013-196 authorizing the amendment to the vender service agreement extending the agreement by four months to allow sufficient time to formally put the contract out to bid. October 18, 2010: The Mayor and Common Council authorized Resolution No. 2010-349 and issuance of Purchase Order not to exceed $110,000 to Fleet Pride for the purchase of heavy-duty vehicle brake work, including the purchase of various related parts and supplies. Background: Notices inviting bids for the FY 2013/2014 annual purchase order for the heavy duty truck parts and supplies was responded to by four vendors: Colton Truck Supply, Fleet Pride, Franklin Truck Parts, and O'Reilly Auto Parts. RFQ F-14-10 was advertised with the San Bernardino Area Chamber of Commerce, in The Sun newspaper and on the City of San Bernardino Web site. Two of the vendors, O'Reilly Auto Parts and Franklin Truck parts responded "no bid" on 16 and eight items, respectively, thus deeming their bids non-responsive. The remaining two vendors bid on all 32 items. Colton Truck Supply was the lowest responsive bidder on 11 items and Fleet Updated: 10/30/2013 by Georgeann"Gigi"Hanna D I Packet Pg. 33 2714 Pride was the lowest responsive bidder on 21 items. It is the recommendation of the Fleet Management Division to split the purchase order between Fleet Pride and Colton Truck Supply, Inc. In accordance with their bids. • Fleet Pride of Ontario, CA was the lowest and most responsive bidder on items: 4-10, 12, 15, 19, 21-29, and 31-32. • Colton Truck Supply of San Bernardino was the lowest and most responsive on items: 1- 3, 11, 13-14, 16-18, 20, and 31. The vendors,business locations, and total prices are listed below: Vendor Location Total Price Fleet Pride Ontario, CA $3298.33 Colton Truck Supply San Bernardino, CA $3624.17 O'Reilly Auto Parts Springfield, MO. $882.60 (non-responsive bid) Franklin Truck Parts Fontana, CA. $1461.82 (non-responsive bid) City Attorney Review: Supporting Documents: reso 2714 (PDF) agrmt 2714 (PDF) BID RFQ F-14-10 Fleet Pride (PDF) 2013-196 Fleet Pride extension reso (PDF) Bid Summary Sheet RFQ F-14-10 HD Truck Parts (PDF) Updated: 10/30/2013 by Georgeann"Gigi"Hanna D Packet',Pg.34 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER 3 2014-1155 FOR A TOTAL OF $100,000 WITH TWO (2) ONE-YEAR EXTENSIONS 4 AT THE CITY'S OPTION TO FLEET PRIDE OF ONTARIO FOR HEAVY DUTY TRUCK PARTS AND SUPPLIES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 WHEREAS, the Fleet Management Division is requesting an increase to Purchase n. $ Order 2014-1155 for a total of$100,000 to purchase heavy duty truck parts and supplies; d a) 9 2 10 SECTION 1. The City Manager is hereby authorized to execute the Vendor Service E 11 Agreement with Fleet Pride, a copy of which is attached hereto, marked Exhibit "A" and d a 12 incorporated herein. d 13 SECTION 2. The Mayor and Common Council hereby authorize the Director of w 14 Administrative Services or his designee to increase to Purchase Order 2014-1155 by $70,000 15 for a total not-to-exceed $100,000 for the purchase of heavy duty truck parts and supplies. 16 0 17 SECTION 3. The Contract Purchase Order shall reference this Resolution and shall d 18 read, "Fleet Pride for the purchase of heavy duty truck parts and supplies" and shall ti 19 incorporate the terms and conditions of the Agreement. y 20 L SECTION 4. The authorization to execute the above referenced Contract Purchase 21 E Order and agreement is rescinded if not issued and signed within sixty (60) days of the 22 r 23 passage of this resolution. a 24 25 111 26 27 28 w packet'Pg.35 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE TO PURCHASE ORDER 2 2014-1155 FOR A TOTAL OF $100,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO FLEET PRIDE OF ONTARIO FOR HEAVY DUTY 3 TRUCK PARTS AND SUPPLIES. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof,held 6 on the day of ,2013,by the following vote,to wit: 7 L a. 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 2 10 d JENKINS E 11 VALDIV IA a 12 r 13 SHORETT x w 14 VACANT N 15 JOHNSON N 16 MCCAMMACK 0 17 d 18 r Georgeann Hanna, City Clerk o 19 y 20 The foregoing resolution is hereby approved this day of ;j 2013. d 21 22 Patrick J. Morris, Mayor a 23 City of San Bernardino Approved as to form: 24 James F. Penman, 25 City Attorney 26 By: 27 28 Packet Pg.36 PURCHASE AGREEMENT This Vendor Service Agreement is entered into this 5th day of November 2013, by and between Fleet Pride ("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 specific parts and supplies and d related repair services for City vehicles and equipment as needed; and a. r a� d WHEREAS,Vendor Fleet Pride of Ontario, CA was the lowest bidder in RFQ F-14-10 0 0 on 21 of the 32 specified items requested in the Bid Document; a� NOW,THEREFORE, the parties hereto agree as follows: a d 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of Vendor X to provide specific parts and supplies as needed to be utilized by the Public Works Department Fleet Management Division for City vehicles and equipment. N E 2. COMPENSATION AND EXPENSES. R a. For the products and/or services delineated above, the City, upon presentation of an E invoice, shall pay the Vendor up to the amount not to exceed $100,000 for the parts r a and supplies as needed, in accordance with the Price List in Vendor's Bid submitted to RFP F-14-10, attached and incorporated herein. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. The term of this agreement shall be from November 5, 2013 through June 30, 2014, with two (2) one-year extensions at the City's option. Option year one, if exercised, shall be Exhibit"A" 1 Packet Pg.37 effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30,2016. This Agreement may be terminated at any time with thirty (30) days' prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of the current term of the Agreement. 4. WARRANTY. L Vendor expressly warrants that all products and services supplied to City by Vendor d under this agreement shall conform to the specifications, drawings or other description upon o r which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, E d a� of good material and workmanship, free from defects and free and clear of all liens or Q d encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect X Vendor's obligations under this warranty, and such warranty shall survive inspections, 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 N E of such non-conformity by City. If Vendor fails to correct the defects or replace non- conforming goods or services promptly, City may, after reasonable notice to Vendor, make E such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for a 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 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 Exhibit"A" 2 Packet Pg. 38 and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its 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 psi from any and all legal actions based upon such actual or alleged acts or omissions. Vendor w hereby waives any and all rights to any types of express or implied indemnity against the City, w w its elected officials, employees, agents or representatives, with respect to third party claims E a) d against the Vendor relating to or in any way connected with the accomplishment of the work or a d performance of services under this Agreement. X 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 r E liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory M c worker's compensation coverage, and shall file copies of said policies with the City's Risk E U 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 30 (thirty) days prior to 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, Exhibit"A" 3 Packet Pg.39 S.E.b - 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, except as permitted to Section 12940 of the California Government Code. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it shall comply with any and all business registration requirements of the City's Municipal Code, and any other license, permit, qualification, insurance and •L approval of whatever nature that are legally required of Vendor to practice its business or d profession. U- c 2 9. NOTICES. E d a� Any notices to be given pursuant to this Agreement shall be deposited with the United a d States Postal Service,postage prepaid and addressed as follows: a� X W TO THE CITY: Public Works Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 N E TO THE VENDOR: Fleet Pride 5751 E. Santa Ana Street Ontario, CA 91761 Telephone: (909) 605-0677 Attn: Account Manager a 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his Exhibit"A" 4 Packet Pg.40 5.E.b 11 1 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily nor 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 without City's prior written consent shall be void and shall constitute a breach of this Agreement and cause for the CL L termination of this Agreement. Regardless of City's consent, no subletting or assignment shall a� release Vendor of Vendor's obligation to perform all other obligations to be performed by c w w Vendor hereunder for the term of this Agreement. d 12. VENUE. a� a d The parties hereto agree that all actions or proceedings arising in connection with this X 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, a Riverside Division. The aforementioned choice of venue is intended by the parties to be N r E mandatory and not permissive in nature, w c 13. GOVERNING LAW. v This Agreement shall be governed by the laws of the State of California. a 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. Exhibit"A" 5 Packet Pg.41 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 L enforceability of the remaining terms and provisions hereof or of the offending provision in any a� other circumstance, and the remaining provisions of this Agreement shall remain in full force o r and effect. d a� 17. ENTIRE AGREEMENT; MODIFICATION. a d This Agreement constitutes the entire agreement and the understanding between the X parties, and supersedes any prior agreements and understandings relating to the subject manner w W of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. N E E a Exhibit"A" 6 Packet Pg:42' PURCHASE AGREEMENT FLEET PRIDE IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2013 FLEET PRIDE By: Name/Title: d v �L a. m ) Dated , 2013 CITY OF SAN BERNARDINO o 0 w By: Allen Parker, City Manager Approved as to form: 4 James F. Penman, d City Attorney By: N r ti N w E i m f0 C d E V (C a Exhibit"A" 7 Packet Pg.43 5.E.c City of San Bernardino TECHNICAL SPECIFICATIONS RFP F-14-10 HEAVY DUTY TRUCK PARTS d NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" a i/ d Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions 0 to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. E L Equipment: Q 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. w v FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALEDATE BID ti REQUIREMENTS ACCEPTABLE/AS SPECIFIED [Tu c on he tractor shall provide heavy duty truck parts and lies for various types of heavy duty trucks. �.L° �� a� Le— The contractor shall maintain sufficient stock on hand to LL meet Fleet demand. The contractor shall provide pickup and delivery at no cost to the City. / 7 LL cY The contractor shall provide same day delivery service. u- The contractor shall provide pricing for all mandatory bid items on the attached parts list. Bids containing 2 m incomplete mandatory bid item pricing may be considered non-responsive. E c� Y W a RaymAccount manager 909.605.0677 phom, ondDelgado , . Ontario,5751 E.Santa Ana St. Packet Pg. 44 PRICE FORM Please provide detailed information in the space provided below. Pricing should include billing for services and any other incidental or additional costs required to complete the Technical Specification requirements. Attach additional pages if necessary. REQUEST FOR QUOTES: RFQ F-14-10 d L DESCRIPTION OF RFQ: HEAVY DUTY TRUCK PARTS a 1 d COMPANY NAME: - ,fit'—Q2c l� U- 0 n �- w ADDRESS: �� S 441 1— S L NAME OF AUTHORIZED a REPRESENTATIVE It AQ kiA-OKA � D �t" � 2 3 f� X PRINT NAME ,,nn/� TELEPHONE NUMBER (,q — C�C��J -- V cV-2 :7 N FAX NUMBER Dg — �C� �J O o. E-MAIL ADDRESS PN Kk0(-1 0 ®f!(2oT-, e(41e--CC 1 Cl}L-L.. O FIRM FIXED PRICE LIST Truck Parts Listing r LL a LL STK# P/N Description Usage Price for each per year ° m 24-004 TSE 1103007 Dust Plug 24 fo0 24-020 Euclid 2467 Washer 36 , d E 24-022 Euclid 5482 Washer 24 _25 24-026 OTR3030SB Chamber 16 5 a 24-028 SC2400 Chamber 2 -7—2, 5eC.) 24-077 Bendix 234100 Diaphragm 6 4 24-078 Bendix BD-30 Diaphragm 18 Center Fuse 24-088 899966 Drum 100 24-124 Midland 18530 Air 40 (to,2-S Governor Packet Pg.45 24-157 Meritor R950048 Dryer 80 ;L7 24-158 Bendix 107794X Cartridge 18 24-159 Bendix 5005037 Kit 18 P,9, - 24-317 Midland 28030 Valve 6 f L , 24-318 Bendix 800372 Valve 15 R.O_g 24-321 Midland 28510 Valve 2 20 24-322 Bendix 286171 Valve 6 $-7 24-332 Bendix 284142 Valve 80 q. Q 1 05-060 330-3107 Stemco Gasket 300 ff 55 a 06-153 Horton 995588 Fan Clutch 4 35 08-698 13241 Midland Switch - Air 12 o w 03-096 CR47697 Seal 100 9,S7 06-151 Horton 995575 Fan Clutch 8 3 co 08-414 Ecco 6770A Strobe 10 ( 15,90 $D, 08-415 Ecco 6750A Strobe 10 C a a 16-017A Air Source 54028 A/C 15 p 24-086 65162B Web Compressor 40 W 24-090 66854B Web Drum 40 24-089 66826B Web Drum 15 N 24-086A EX4715Q Kit Brake Shoe 40 Kit 0 5.75 a 04-087 OTR 4707Q Red Brake Shoe 100 Kit Kit 39.Q5 24-089A KSR 3014707 Brake Shoe 20 QPR Kit 3�e-q5 LL 24-090A EX4711 Q Kit Brake Shoe 40 '5r'& 95 d Kit Total $ m r E ANNUAL PURCHASE ORDER R Effective on or about July 1, 2013 through June 30, 2014 plus three (3) single year options, for a City's partial requirements, on an as-needed basis, with no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through June 30, 2017. 10 Packet Pg.46 S.E.c Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under;no circumstances will adjustments in the fees exceed five (5) percent per additional period Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. v a Are there any other additional or incidental costs, which will be required by in order to meet the requirements of the Technical Specifications? Yes N LL (circle one). If you answered "Yes", please provide detail of said additional c 0 c E d a� L a V Please indicate any elements of the Technical Specifications that cannot be met by your w firm. a� •L a. w m m U. 0 ou included in your bid all informational items and forms as requested? es No (circle one). If you answered "No", please explain: u cY LL m r C E V co w a This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. 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. Packet Pg.47 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 was/were received. Verification of Addenda Received Addenda No: 0 4-f-(w4eceived on: Addenda No: Received on: a` Addenda No: Received—on: d LL AUTHORIZED SIGNATURE: c a� PRINT SIGNER'S NAME AND TITLE: E e.-r- DATE SIGNED: w COMPANY NAME & ADDRESS: Q4?- ti AJ •L r' i t - r 2 � PHONE: teo6-t14,71 FAX: c45k EMAIL:44j6,V0 e ° r LL IF SUBMITTING A"NO BID", PLEASE STATE REASON(S) BELOW: a 0 m w E a Packet Pg. 48 NON -COLLUSION AFFIDAVIT d TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO CL r a� a� In accordance with Title 23, United States Code, Section 112, the undersigned u- hereby states, under penalty of perjury: ° c as That he/she has not, either directly or indirectly, entered into any agreement, E participated in any collusion, or otherwise taken action in restraint of free L competitive bidding in connection with RFQ F-14-10. a as Business Name -� W Business Address 44Ck7 Signature of bidde o •L a d a� LL Pla a of Residence ° LL Subscribed and sworn before me this o� 7 day of c� _ —, 20�� U- 0 m Notary Public in and for the County oft�'j�, , State of :. c California. E My commission expires YVONNE GRANILLO i y Commission #F 1906657 z •r Notary Public-C811110MI l San Bernardino County My Comm. Expires Oct 3.2014 Packet;Pg.49' ACKNOWLEDGMENT State of California `\- County of 5(mP!'�f'}h( /YLd ,� �r� � Q On � before me, � ���. �l�.r f��� (insert name and title of the officer) J -a personally appeared -who proved to me on the ba is of satisfactory evidd a to be the person whose name lore subscribed to the within instrument and acknowled d to me tha he shelthey executed the same in ,� hi her/their authorized capacity(i , and that by signature 'on the instrument the 0 person}`, or the entity upon be alf of which the personX acted, executed the instrument. m I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing E paragraph is true and correct. a d w YVONNE GRANILLO WITNESS my hand and official seal. rA Commission # 1906657 I w Z ;'p Notary Public-California z Z "' San Bernardino County j My Comm. Expires Oct 3,2014 i Signature (Seal) � d a .r m m U- 0 r d' r LL d LL 0 Fa a.+ C d E V f4 a+ a .i RESOLUTION NO._2.U3-196 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 3 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING 4 THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE 5 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/149 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE. L 6 0. WHEREAS, the Fleet Division is requesting an amendment to the Vendor Service 7 U- 8 Agreement and extension for four months in the amount of $30,000 to Contract Purchase a� 9 Order No. 2013-00000105 in order to purchase heavy duty vehicle brake work, including the d d L 10 purchase of various related parts and supplies in FY 2013/14 a a� 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE x 12 CITY OF SAN BERNARDINO AS FOLLOWS: w v T 13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 0 14 execute on behalf of said City Amendment No. 1 to the Vendor Service Agreement between d 15 the City of San Bernardino and Fleet Pride, a copy of which is attached hereto, marked 16 x 1 Exhibit"A"and incorporated herein by reference as fully as though set forth at length. L 18 SECTION 2. The Mayor and Common Council hereby authorize the Director of a. a� A) 19 Finance or his/her designee to extend Contract Purchase Order No. 2013-00000105 from July LL 20 1, 2013, until October 31, 2013, for a total not-to-exceed amount of$30,000 for the purchase M 0 21 N of heavy duty vehicle brake work, including the purchase of various related parts and d 22 E 23 supplies. 24 SECTION 3. This purchase is exempt from the formal contract procedures of Section a 25 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases 26 approved by the Mayor and Common Council." 27 28 Packet Pg. 51 -1 2013 6 9 9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND 3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE 4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 a joint adjourned eein thereof, held d 7 and Common Council of the City of San Bernardino at a g LL 0 8 on the 1st day of July ,2013,by the following vote,to wit: d E 9 AYES NAYS ABSTAIN ABSENT Council Members: � 10 MARQUEZ x 11 x 12 JENKINS x w a 13 VALDIVIA x N 0 14 SHORETT x L 15 0 KELLEY x c 16 x JOHNSON x 17 x 18 MCCAMMACK x a 0 U- 19 20 George � a, Cit Cl M �'' o 21 The foregoing resolution is hereby approved this day of July / ,2013. g g d 22 E 23 a 24 Pa ick J. :tardino, Mayor 25 City o Approv d as to Form: 26 27 By: �-�- J s F. Pe an, City Attorney 28 Packet Pg. 52 2013-196 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 TO THE VENDOR SERVICE AGREEMENT WITH FLEET PRIDE EXTENDING THE AGREEMENT BY FOUR MONTHS TO OCTOBER 31, 2013, AND 3 INCREASING PURCHASE ORDER NO. 2013-00000105 BY $30,000 FOR THE 4 PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES IN FY 2013/14, PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE. 5 SECTION 4. The Contract Purchase Order shall reference this Resolution and shall 6 a read, "Fleet Pride for the purchase of heavy duty vehicle brake work, including the purchase 7 LL 8 of various related parts and supplies" and shall incorporate the terms and conditions of the w d E 9 Agreement. 10 SECTION 5. The authorization to execute the above-referenced Contract Purchase d 11 Order and Agreement is rescinded if not issued within sixty (60) days of the passage of this X W 12 " resolution. ti 13 14 L /// 15 .° 16 /// X d 17 X L a 18 LL 19 20 0 N 21 C d 22 E L V 23 w a 24 25 26 27 28 Packet Pg,53 2013-196 EXHIBIT "A" AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FLEET PRIDE This AMENDMENT is made and entered into this 1st day of July 2013, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,hereinafter referred to as the"City" and Fleet Pride,hereinafter referred to as "Vendor." a. d WITNESSETH: U. 2 A. WHEREAS, on October 18, 2010, the Mayor and Common Council adopted Resolution No. 2010-349 approving Vendor Service Agreement in the amount of $110,000.00 for heavy duty vehicle brake work,including parts and supplies; and a rn a B. WHEREAS,the current expiration date is June 30 2013; and r C. WHEREAS, the City and Vendor wish to extend the Vendor Service w Agreement for an additional four(4)months; ti NOW THEREFORE,the parties hereto agree as follows: o AV 1. Section 2 "Compensation" of said Vendor Service Agreement is amended to add the d 0 following: X A. The compensation to Vendor is hereby increased by $30,000. CL 9 .L B. The total not-to-exceed compensation to date for this Vendor Service Agreement is d U- as follows: M Description Amount o Ori final Agreement $ 110,000.00 w Amendment No. 1 $ 30,000.00 I Total $ 140,000.00 i� i a I 2. Section 3 of said Vendor Service Agreement is amended to add the following: "The term of this Agreement is hereby extended to October 31,2013,unless terminated I earlier as provided in the original Agreement." E i� 7 1 j Packet Pg. 54 I 2013-196 -5.Ed Amendment No. 1 to Vendor Service Agreement with Fleet Pride 3. All other terms and conditions of said Vendor Service Agreement as amended approved by Resolution No. 2010-349 shall remain unchanged. d L a m LL O C d E a� d L Q d r V X W N O N d C O N O X d a O 'O a .r a� d U- M r O N w C d E t V Q 3 a 1 -2 2013-196 Amendment No. I to Vendor Service Agreement with Fleet Pride AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FLEET PRIDE IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first shown above. d CITY OF SAN BERNARDINO FLEET PRIDE U- 0 y: by. Allen Parker, City Manager Signature d L rn Q a� r Print Name/Title X w ATTEST: ti N O N d Georgeann Hanna, City Clerk c 0 .N as X 0 Approved as to form: �L a James F. Penman d a) City Attorney LL to o� M r �/ i O By: _ d E L V R a+ w Q -3- Packet Pg.56 2013-196 EXHIBIT "A" AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FLEET PRIDE This AMENDMENT is made and entered into this 1st day of July , 2013, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,hereinafter referred to as the "City" and Fleet Pride, hereinafter referred to as "Vendor." a. r WITNESSETH: LL O A. WHEREAS, on October 18, 2010, the Mayor and Common Council adopted Resolution No. 2010-349 approving Vendor Service Agreement in the amount of °' E $1 10,000.00 for heavy duty vehicle brake work, including parts and supplies; and L Cn B. WHEREAS,the current expiration date is June 30 2013; and m C. WHEREAS, the City and Vendor wish to extend the Vendor Service w Agreement for an additional four(4) months; ti NOW THEREFORE,the parties hereto agree as follows: 0 y 1. Section 2 "Compensation" of said Vendor Service Agreement is amended to add the c 0 following: r X A. The compensation to Vendor is hereby increased by $305000. •L B. The total not-to-exceed compensation to date for this Vendor Service Agreement is d U- as follows: o� Description Amount c Ori final Agreement $ 110,000.00 N Amendment No. 1 $ 30,000.00 Total $ 140,000.00 E �a w a 2. Section 3 of said Vendor Service Agreement is amended to add the following: "The term of this Agreement is hereby extended to October 31, 2013, unless terminated earlier as provided in the original Agreement." Pa-cket Pg:57 2013-196 Amendment No. 1 to Vendor Service Agreement with Fleet Pride 3. All other terms and conditions of said Vendor Service Agreement as amended approved by Resolution No. 2010-349 shall remain unchanged. d a d m LL O w w C d E i d O L � a 1 V d K W v (� 0 3 L O C d K d �L CL d d LL O O a � M r O N C d E V f� w a -2- Packet Pg. 58 1 2013-196 Amendment No. 1 to Vendor Service Agreement with Fleet Pride AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FLEET PRIDE IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first shown above. a� ,L a CITY OF SAN BERNARDINO FLEET PRIDE aD r U. O w by: Parker, City Manager ig atur d as L Kol'jf� OT---t-t'- 40( Q Print Name/Title X w ATTEST: O j � L ii• Georgeann a, City rk o .N a� X d Approved as to form: �L a James F. 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