HomeMy WebLinkAbout05.AA- Public Works RESOLUTION (ID #3188) DOC ID: 3188 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Chris Alanis M/CC Meeting Date: 07/07/2014
Prepared by: Adrienne Loa,
Dept: Public Works Ward(s): All
Subject:
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$75,000
with Two (2) One-Year Extensions at the City's Option to McCray Enterprises of San
Bernardino, pursuant to Section 3.04.010-133 of the Municipal Code for Medium and Heavy-
Duty Equipment and Truck Repair, Including Purchase of Various Related Parts. (#3188)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $479,900
Account No. 635-400-0100-5173
Account Description: Outside Vehicle Maintenance
Balance as of. $479,900
Balance after approval of this item: $407,900
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:
01/08/01 Resolution No. 2001-2 was adopted approving an Annual Purchase Order to McCray
Enterprises with 2-year renewal options.
07/06/04 Resolution No. 2004-221 was adopted approving an Annual Purchase Order to
McCray Enterprises with 2-year renewal options.
04/16/07 Resolutions No. 2007-122 was adopted approving a $32,000 increase to McCray
Enterprises.
08/16/10 Resolution No. 2010-285 was adopted approving an Annual Purchase Order to
McCray Enterprises with 3-year renewal options.
Background:
McCray Enterprises of San Bernardino was the successful bidder (No. F-05-002) on July 6,
2004, and was awarded an Annual Purchase Order with two single-year renewal options, in the
amount of$23,500 for FY 2004/05, FY 2005/06 and FY 2006/07. On April 16, 2007,the Mayor
and Common Council approved Resolution No. 2007-122, authorizing an increase of$32,000 to
the Annual Purchase Order. McCray Enterprises was awarded a selected source Annual
Purchase Order on August 20, 2007, with two single-year renewal options, in the amount of
$75,000 for FY 2007/08, FY 2008/09 and FY 2009/10. McCray Enterprises was awarded a
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3188
selected source Annual Purchase Order on August 16, 2010, with three one-year extensions FY
2011/12,FY 2012/13 and FY 2013/14.
McCray Enterprises is an independent heavy-equipment repair facility that has provided
outstanding support to the Fleet Division for the past 18 years. McCray Enterprises is the only
authorized Cummins engine warranty dealer located in the City. All of the City's heavy-duty
trucks have Cummins Diesel or Natural Gas engines. They have provided excellent repair and
auto-body services and have proven to be reliable. Their workmanship is outstanding and they
are timely and cost effective. During the City's dire financial situations and filing of Chapter 9 in
2012, McCray Enterprises supported and worked with the Fleet to ensure the equipment
necessary to keep services to the San Bernardino residents was not disrupted.
City Attorney Review:
SuAUorting Documents:
reso 3188 (PDF)
agrmt 3188 (PDF)
Updated: 6/19/2014 by Olivia WolffA Packet Pg. 686
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RESOLUTION NO.
_ 1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
4 $75,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
MCCRAY ENTERPRISES OF SAN BERNARDINO, PURSUANT TO SECTION
5 3.04.010-B3 OF THE MUNICIPAL CODE FOR MEDIUM AND HEAVVY-DUTY
EQUIPMENT AND TRUCK REPAIR, INCLUDING PURCHASE OF VARIOUS
6 RELATED PARTS.
7 WHEREAS, McCray Enterprises is an independent heavy equipment repair facility in
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Bernardino, who has provided outstanding support to the Fleet Management CL
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the City o S P P
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Division for over eighteen (18) years.
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11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: W
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SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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14 to execute on behalf of said City an Agreement between the City of San Bernardino and Mc
15 Cray Enterprises, a copy of which is attached hereto, marked Exhibit "A" and incorporated
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16 herein by reference as fully as though set forth at length.
17 SECTION 2. This purchase is exempt from the formal contract procedures of Section
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3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B.3 of said Code "Purchases
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20 approved by the Mayor and Common Council." E
21 SECTION 3. The Purchase Order shall reference this Resolution number and shall Q
22 read "McCray Enterprises for medium and heavy-duty equipment and truck repair, including
23 purchase of various related parts. Agreement not to exceed $75,000" and shall incorporate the
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terms and conditions of the Agreement.
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26 SECTION 4. The authorization to execute the above-referenced Agreement and
27 Purchase Order is rescinded if not issued within sixty (60) days of the passage of this
28 Resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
4 $75,000 WITH TWO (2) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
McCRAY ENTERPRISES OF SAN BERNARDINO, PURSUANT TO SECTION
5 3.04.010-83 OF THE MUNICIPAL CODE FOR MEDIUM AND HEAVVY DUTY
EQUIPMENT AND TRUCK REPAIR, INCLUDING PURCHASE OF VARIOUS
6 RELATED PARTS.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting a
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thereof,held on the _ day of , 2014, by the following vote, to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT s
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MARQUEZ
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BARRIOS
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VALDIVIA
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16 SHORETT 00
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17 NICKEL ____ 00
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18 JOHNSON
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MULVIHILL d
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22 Georgeann Hanna, City Clerk
23 The foregoing resolution is hereby approved this day of ,2014.
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25 R. Carey Davis,Mayor
City of San Bernardino
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Approved as to form:
27 Gary D. Saenz, City Attorney
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By
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND MCCRAY ENTERPRISES FOR HEAVY DUTY EQUIPMENT AND TRUCK
REPAIR SERVICES
This Vendor Service Agreement is entered into this 7th day of July
2014, by and between McCray Enterprises ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino').
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
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and in the best interest of the CITY to contract for medium and heavy-duty equipment and
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truck repair including purchase of various related parts; and E
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WHEREAS, McCray Enterprises is an independent heavy-equipment repair facility in w
San Bernardino and has provided outstanding support to the Fleet Division for over eighteen
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(IS) years and;
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WHEREAS, this purchase is exempt from the formal contract procedures of Sections 2
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3.04.010.of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases oo
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approved by the Mayor and Common Council." T_
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NOW,THEREFORE,the parties hereto agree as follows: ai
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
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provide those products and services for heavy duty equipment and truck repair and various
related parts.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amount not to exceed f$75,000.00 for medium and heavy-
duty equipment and truck repair, including purchase of various related parts.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year with two single year
renewals at the City's option.
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. The
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from w
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations
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under the Agreement.
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VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 20
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volunteers from any and all claim, actions, or losses, damages and/or liability resulting from M
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its M
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obligations under the Agreement. a)
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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claim, action, loss, or damage arising from the performance of their respective obligations
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under the Agreement,the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement
VENDOR shall maintain in effect policies of comprehensive public, general and automobil(
liability insurance, in the amount of $1,000,000.00 combined single limit, and statuton,
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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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
G. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, L
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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,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or w
sexual orientation, or any other status protected by law, except as permitted pursuant to Section i
12940 of the California Government Code.
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the M
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of E,
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and a
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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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:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418 L
Telephone: (909) 384-5140 Q
TO THE VENDOR: McCray Enterprises
24268 5th Street E
San Bernardino, CA 92410 3
Telephone: (909) 381-1964 w
Attn: Rick McCray
10. ATTORNEYS' FEES =
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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, 2
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or co
provisions hereof. The costs, salary and expenses of the City Attorney and members of his E,
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office in connection with that litigation shall be considered as "attorneys' fees" for the purposes
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of this paragraph.
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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 the termination of this
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.
12. VENUE.
The parties hereto agree that all actions or proceedings arising 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 i
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mandatory and not permissive in nature.
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13. GOVERNING LAW. E
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This Agreement shall be governed by the laws of the State of California. w
14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this L
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Agreement and their respective heirs, representatives, successors, and assigns.
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes o? co
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convenience only and shall not affect the construction or the interpretation of any of it: a�
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provisions.
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16. ENTIRE AGREEMENT; MODIFICATION. o
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrumen
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND MCCRAY ENTERPRISES FOR HEAVY DUTY EQUIPMENT AND TRUCK
REPAIR SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2014 McCRAY ENTERPRISES
By:
Its:
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Dated 2014 CITY OF SAN BERNARDINO •2
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By:
Allen 3, Parker, City Manager v
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Approved as to Form:
Gary D. Saenz, City Attorney
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