HomeMy WebLinkAbout05.G- Public Works RESOLUTION (ID #2892) DOC ID: 2892 F
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Arlington Rodgers Jr. M/CC Meeting Date: 02/03/2014
Prepared by: Arlington Rodgers Jr., (909)
38405140, ext. 3420
Dept: Public Works Ward(s): All
Subject:
A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment Number One to the Vendor Purchase Agreement Between the City of
San Bernardino and Los Angeles Freightliner of Fontana to Increase the Annual Purchase Order
Number 2014-00000191 in the Amount of $55,000 to an Amount Not to Exceed $110,000.
(#2892)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $1,182,300 Account No. 635-400-0100-5111
Account Description: Materials and Supplies
Balance as of. January 22, 2014 $213,602.49
Balance after approval of this item: $158,602.49
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On August 6, 2013 Item 2612 Resolution 2013-231 - Resolution of the Mayor and Common
Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance
of an Annual Purchase Order in the Amount of$55,000 with Three (3) One-Year Extensions at
the City's Option to Los Angeles Freightliner of Fontana.
On June 17, 2013 Item 2528 Resolution 2013-113 - Resolution of the Mayor and Common
Council of the City of San Bernardino Authorized a $20,000.00 Increase to Annual Purchase
Order Number 2013-00000107 to Los Angeles Freightliner of Fontana for the purchase of
specific equipment parts and supplies utilized by the Public Works Department Fleet
Management Division.
On April 19, 2010 Resolution 2010-75 - The Mayor and Common Council of the City of San
Bernardino authorized an agreement and increased annual purchase order 210060 in the amount
of$10,100 pursuant to section 3.04.010-B3 of the Municipal Code with three single year renewal
options to Los Angeles Freightliner of Fontana for the purchase of specific equipment parts and
supplies utilized by the Public Works Department Fleet Management Division.
Background:
Updated: 1/27/2014 by Jolena E. Grider F Packet Pg.72
5.G
2892
The City of San Bernardino, Department of Public Works, Fleet Division, has a purchase order
and agreement with Los Angeles Freightliner of Fontana for Autocar truck parts. Los Angeles
Freightliner of Fontana is the nearest authorized dealer of Autocar truck parts. All of the
Integrated Waste Management Division trucks, model year 2000 and newer, have Autocar
chassis.
During Fiscal Year 2012/2013, the Department of Public Works was affected by budget
constraints. These constraints caused the department to reduce spending as much as possible. In
an effort to accommodate the fiscal situation,the Fleet Division suspended purchases of Autocar
truck parts where ever possible and began scavenging parts from Autocar trucks that were not in
service. In this current fiscal year the department has been able to fund more truck repairs.
These repairs will bring more trucks to the ready line as others need service.
The Fleet Management Division is requesting that$55,000 be added to purchase order 2014-
00000 191 for a total amount not to exceed$110,000. This request is being made due to the
component failures that these particular vehicles are experiencing. Previously, these failures
were often covered by the manufacturer's warranty. The warranties are beginning to expire,
requiring the City to incur the cost of repairs. The combination of last fiscal year's scavenging,
the expiring warranties, and increased age of the vehicles has caused the Fleet Division to spend
more on Autocar vehicle repairs than originally planned.
Staff is expecting that this purchase order increase will cover the repairs through the remaining
portion of the fiscal year.
0 City Attorney Review:
Supporting Documents:
reso 2892 (PDF)
Amndmt 2892(PDF)
Original Freightliner Agrmnt (PDF)
Updated: 1/27/2014 by Jolena E.Grider F Packet Pg.73
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
4 NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND LOS ANGELES FREIGHTLINER OF
5 FONTANA TO INCREASE THE ANNUAL PURCHASE ORDER 2014-00000191 IN
THE AMOUNT OF$55,000 TO AN AMOUNT NOT TO EXCEED $110,000.
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7 WHEREAS, the current Purchase Order of$55,000 needs to be increased by $55,000
8 for a total Purchase Order amount of$110,000 in order to purchase refuse vehicle equipment T
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parts and supplies; and
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11 WHEREAS, Los Angeles Freightliner of Fontana is the nearest authorized dealership a
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12 for Autocar truck parts.
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13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE a
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CITY OF SAN BERNARDINO AS FOLLOWS: �
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized c
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to execute on behalf of said City an Amendment Number One to the Vendor Purchase o
1$ Agreement between the City of San Bernardino and Los Angeles Freightliner, a copy of o
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19 which is attached hereto, marked as Exhibit"A", and incorporated herein by this reference as P
20 fully set forth at length. E
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SECTION 2. That pursuant to this determination the Director of Administrative
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23 services or his designee is hereby authorized to increase and issue an Annual Purchase Order
24 to Los Angeles Freightliner for a total amount not to exceed$110,000.
25 SECTION 3. The Purchase Order shall reference this Resolution No. and shall read,
26 "Los Angeles Freightliner for the purchase of refuse vehicle equipment parts and supplies,
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$110,000 for FY 13-14"and shall incorporate the terms and conditions of the agreement.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
2 NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND LOS ANGELES FREIGHTLINER OF
3 FONTANA TO INCREASE THE ANNUAL PURCHASE ORDER 2014-00000191 IN
4 THE AMOUNT OF $55,000 TO AN AMOUNT NOT TO EXCEED$110,000.
5 SECTION 4. That this purchase is exempt from the formal contract procedures of
6 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 (B)(3) of said Code,
7 "Purchases approved by the Mayor and Common Council".
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SECTION 5. The authorization to execute the above referenced Purchase Order and
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Amendment is rescinded if it is not executed by both parties within sixty (60) days of the
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11 passage of this resolution. a
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT
2 NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND LOS ANGELES FREIGHTLINER OF
3 FONTANA TO INCREASE THE ANNUAL PURCHASE ORDER 2014-00000191 IN
4 THE AMOUNT OF$55,000 TO AN AMOUNT NOT TO EXCEED $110,000.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,held
on the day of ,2014,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ w
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JENKINS N
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11 VALDIVIA Q
SHORETT
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13 VACANT a
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14 JOHNSON
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MULVIHILL c
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18 Georgeann Hanna, City Clerk o
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19 The foregoing resolution is hereby approved this day of
2014.
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Patrick J. Morris,Mayor a
22 City of San Bernardino
Approved as to Form:
23 Gary D. Saenz, City Attorney
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25 By:
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1 AMENDMENT NUMBER ONE TO VENDOR PURCHASE AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND LOS ANGELES FREIGHTLINER OF
3 FONTANA ,
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5 THIS AMENDMENT NUMBER ONE is made and entered into as of February 3,2014 by
6 and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and LOS ANGELES c
7 FREIGHTLINER OF FONTANA ("VENDOR"). In consideration of the mutual covenants and
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8 conditions set forth herein, the parties agree as follows: LL
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9 1. This Amendment is made with respect to the following facts and purposes:
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10 a. On August 6, 2013, the City and Vendor entered into that certain agreement o
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11 entitled"Vendor Purchase Agreement between the City of San Bernardino and o
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12 Los Angeles Freightliner of Fontana" ("Agreement') for$55,000.00. o
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13 2. Section 2(a) Compensation and Expenses of the Agreement is hereby amended to
14 increase the amount from $55,000.00 to an amount not to exceed$110,000.00. c
15 3. Except for the changes specifically set forth herein, all other terms and conditions of a
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16 the Agreement shall remain in full force and effect. N
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17 IN WITNESS THEREOF,the parties hereto have caused this Amendment Number One to E
18 be executed by and through their respective authorized officers, as of the date first above written. r-
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CITY OF SAN BERNARDINO, VENDOR
20 A Municipal Corporation Los Angeles Freightliner of Fontana
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Allen Parker, City Manager
23 APPROVED AS TO FORM:
24 Gary D. Saenz, City Attorney
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VENDOR PURCHASE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND LOS ANGELES FREIGHTLINER OF FONTANA
This Vendor Service Agreement is entered into this 6th day of August 2013, by and
between Los Angeles Freightliner of Fontana ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino').
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WITNESSETH: _
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WHEREAS, the Mayor and Common Council has determined that it is advantageous 'i
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and in the best interest of the CITY to contract for the purchase of specific equipment,parts and
supplies,and related repair services for City vehicles and equipment; and
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WHEREAS, Vendor Los Angeles Freightliner of Fontana is the nearest authorized 0
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dealership for Autocar truck parts; 0
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NOW,THEREFORE,the parties hereto agree as follows:
1. SCOPE OF SERVICES. N
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide specific equipment parts and supplies utilized by the Public Works
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Department Fleet Management Division for City vehicles and equipment.
2. COMPENSATION AND EXPENSES. T
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a. For the products and/or services delineated above, the CITY, upon presentation of c
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an invoice, shall pay the VENDOR up to the amount of$55,000 for refuse vehicle
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equipment parts and supplies. Cost is subject to the current "Parts Pro" listing at the E_
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time of purchase. Los Angeles Freightliner adjusts its prices on a quarterly basis. Q
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit "A"
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3. TERM; TERMINATION.
The term of this agreement shall be from August 6, 2013 through June 30, 2014, with
three (3) one-year extensions at the City's option. 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.
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This Agreement may be terminated at any time by thirty (30) days' prior written notice
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by either party. The terms of this Agreement shall remain in force unless amended by written a
agreement of the parties executed on or before date of expiration of current term of the
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4. WARRANTY. y
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Vendor expressly warrants that all products and services supplied to City by Vendor
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under this agreement shall conform to the specifications, drawings or other description upon
which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, r
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of good material and workmanship, free from defects and free and clear of all liens or d
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
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Vendor's obligations under this warranty, and such warranty shall survive inspections, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects or any goods or o
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
Exhibit"A"
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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 rn
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asserted upon any or alleged act or omission of Vendor, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or a
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or a
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees the City, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or N
omissions. Vendor hereby waives any and all rights to any types of express or implied r-
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indemnity against the City, its elected officials, employees, agents or representatives, with
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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. a.
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6. INSURANCE. .P
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While not restricting or limiting the foregoing, during the term of this Agreement, d
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile o
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Exhibit"A"
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Insurance fumished 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,
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or U)
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sexual orientation, or any other status protected by law, excepted as permitted to Section 12940
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of the California Government Code. _j
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 0.
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VENDOR warrants that it shall comply with any and all business registration
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requirements of the City's Municipal Code, and any other license, permits, qua if catio s,
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insurance and approval of whatever nature that are legally required of Vendor to practice its co
business or profession.
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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: LL
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TO THE CITY: Public Works Director
300 North"D" Street 0
San Bernardino, CA 92418
Telephone: (909) 384-5140 E
TO THE VENDOR: Los Angeles Freightliner
13800 Valley Blvd.
Fontana, CA. 92335
Telephone: (909) 510-4438
Attn: Parts Manager
APO*-
Exhibit"A"
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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 d
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his rn
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' w
fees"for the purposes of this paragraph. a
11. ASSIGNMENT.
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or a
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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and shall constitute a breach of this Agreement and cause for the termination of this co
Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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12. VENUE. U.
The parties hereto agree that all actions or proceedings arising in connection with this c
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, M
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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.
Exhibit"A"
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14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs,representatives, successors, and assigns.
15. HEADINGS.
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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
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provisions.
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16. SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to 0
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be invalid or unenforceable for any reason, such determination shall not affect the validity or 0
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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 N
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and effect.
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17. ENTIRE AGREEMENT; MODIFICATION. a
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This Agreement constitutes the entire agreement and the understanding between the
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parties, and supercedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument c
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executed by all parties to this Agreement. 0
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Exhibit"A"
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VENDOR PURCHASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND
LOS ANGELES FREIGHTLINER OF FONTANA
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: ,2013 LOS ANGELES FREIGHTLINER
By:
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Dated ,2013 CITY OF SAN BERNARDINO a
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By:
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Allen Parker, City Manager o
Approved as to Form: a.
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By:
J s . Penman, City Attorney
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