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HomeMy WebLinkAbout20-Public Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and purchase order pursuant to section 3.04.010 B-3 of the Municipal Code to Crest Chevrolet of San Bernardino for the negotiated purchase of one (1) 2007 4WD Tahoe Command Vehicle to be utilized by the Fire Department. Dept: Public Services Date: February 21, 2007 Meeting Date: March 19, 2007 Synopsis of Previous Council Action 8/01/05 5/02/05 7/10/06 7/10/06 Reso 2005-275 Reso 2005-101 Reso 2006-252 Reso 2006-255 Approved Purchase of Command Vehicle Approved FY 2005 Homeland Security Grant Approved Purchase of Command Vehicle Approved FY 2006 Homeland Security Grant Recommended Motion: Adopt Resolution ~-- . atu re Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quote, Specifications. Ward: All FUNDING REQUIREMENTS: Amount: $66,346.85 Source: 123-758-5701 Homeland Security Grant Finance: Council Notes: 3/If11rL , Agenda Item No. .:t 0 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of an agreement and purchase order pursuant to section 3.04.010 B-3 of the Municipal Code to Crest Chevrolet of San Bernardino for the negotiated purchase of one (1) 2007 4WD Tahoe Command Vehicle to be utilized by the Fire Department. BACKGROUND: On July 10, 2006, the Mayor and Common Council approved resolution 2006-255 ratifying participation in the FY 2006 Homeland Security Grant Program budget detail worksheet in the amount of $232,330. The amount awarded is to purchase a mobile command vehicle and specialized communications equipment for the vehicle, as well as emergency medical equipment, self-contained breathing apparatus, hazardous materials equipment, and computer equipment. This Command Vehicle will be an addition to the Fire Department fleet and will be utilized by the training Captain position created in FY 05/06. This position was created with no vehicle funding and has been using a reserve Battalion Chief unit, the reserve unit has been outfitted as a temporary paramedic squad until the new squad is delivered and will remain as a reserve squad. Due to the specialized nature of this equipment there are no local vendors able to supply it. However, Fleet staff has negotiated with Crest Chevrolet of San Bernardino to be the primary vendor for this purchase as referenced in section 3.04.010 B-3 of the Municipal Code (Purchases approved by the Mayor and Common Council). The vehicle and subsequent build up will be purchased through Crest Chevrolet for a total amount of $66,346.85 including tax. It is the opinion of the Fleet Manager this is a competitive price. Crest will use a sub-contractor, Johnson Equipment in Perris CA. for the build up of the specialized equipment to meet the Fire Department specifications. Attached for your review is the quote from Crest Chevrolet and the technical specifications delineating the model, parts, and warranty for the Fire Department Command Vehicle, (see exhibits 1 & 2). FINANCIAL IMPACT: Funds for this request are available in account number 123-758-5701 (Homeland Security Grant) in the amount of $66,346.85, there is no cost to the City. RECOMMENDATION: Adopt resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 tit 27 tit tit RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE TO CREST CHEVROLET OF SAN BERNARDINO FOR THE NEGOTIATED PURCHASE OF ONE (1) 2007 4WD TAHOE COMMAND VEHICLE TO BE UTILIZED BY THE FIRE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and Crest Chevrolet, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 3. That Crest Chevrolet has offered a negotiated purchase price. of $66,346.85 including tax pursuant to Section 3.04.010 B-3 of the Municipal Codefrfor one (1) 2007 4WD Tahoe Command Vehicle. Pursuant to this determination tithe Director of Finance or her designee is hereby authorized to issue a purchase order to Crest Chevrolet of San Bernardino, in the amount of $66,346.85. SECTION 4. The Purchase Order shall reference this Resolution No.2007-_ and shall read, "Crest Chevrolet - Purchase of one (1) 2007 4WD Tahoe Command Vehicle, P.O. not to exceed $66,346.85" and shall incorporate the terms and conditions of the Contract. 28 March 6, 2007 1 e 2 3 4 5 6 7 8 9 10 11 12 e e RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE TO CREST CHEVROLET OF SAN BERNARDINO FOR THE NEGOTIATED PURCHASE OF ONE (1) 2007 4WD TAHOE COMMAND VEHICLE TO BE UTILIZED BY THE FIRE DEPARTMENT. SECTION 5. The authorization to execute the above referenced Agreement and Purchase Order is rescinded if not issued within sixty (60) days of the passage of this resolution. 11/ 11/ 11/ March 8, 2007 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to form: 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER PURSUANT TO SECTION 3.04.010 B.3 OF THE MUNICIPAL CODE TO CREST CHEVROLET OF SAN BERNARDINO FOR THE NEGOTIATED PURCHASE OF ONE (1) 2007 4WD TAHOE COMMAND VEHICLE TO BE UTILIZED BY THE FIRE DEPARTMENT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2007, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2007. day of Patrick J. Morris, Mayor City of San Bernardino March 6. 2007 e e tit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 19th day of March 2007, by and between Crest Chevrolet ("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 (I) 2007 4WD Tahoe Command Vehicle; and WHEREAS, the City of San Bernardino did not solicit and accept quotes from available vendors for (I) 2007 4WD Tahoe Command Vehicle. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in this purchase agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $66,346.85 for (I) 2007 4WD Tahoe Command Vehicle. 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. . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 4. INDEMNITY. CITY agrees to indemnifY and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations 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 automobile 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 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. 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, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. III III III III . e . 1 9. 2 3 4 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 Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE VENDOR: Crest Chevrolet 909 West 21 st Street San Bernardino, CA 92405 Telephone: (909) 883-8833 x453 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 office in enforcing this Agreement on behalf of the CITY shall be considered as "attomj!-ys' fees" for the purposes ofthis paragraph. 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 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. ENTIRE AGREEMENT; MODIFICATION. 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 instrument executed by all parties to this Agreement. III III III III I -='U c..c.. U I .1U: "":::t8 e e e Lres~ ~leet Dept. 9098828623 C!.,'T'f or .,$"A.v' ,3.ik:..;o.,e.~ ;.vc I4rr, :zJo,.J 00-.(,...) Sa~ 1".4><-. 9Cl 38Y-Sc/3 p.2 Prepared By: administrator CREST CHEVROL T.FLEET DEPT, DANNY ZANK.MGR. SAN BERNARDINO.. CA 92405 Phone: (909) 883-8833 Fax: (909) 883-7968 -c~~ .... 2007 FleeVNon-Retail Chevrolet Tahoe 4WD 4dr 1500 LS CK10706 WINDOW STICKER I 2007 Chevrolet Tahoe 4WD 4dr 1500 LS 5.3LJ323 CID Gas/Ethanol V8 i . 4.Speed Automatic w/OD i CODE CK10706 i , !YF5 I LMG , M30 GaO ; GT5 ilLS , 'OAN , i AE7 .AM8 I 0 I US8 I U2J IKNP ! UEO VQ2 !TGK .;. 'c.'C~~ 12eo. ------. MSRPI $37,655,00 I I SO,OO I SO,OO , $0,00 I $295.00 $100,00 SO.OO SO.OO SO.OO I SO.OO ; INC $0.00 SO.OO -$200.00 $95.00 , -$200.00 ; SO.OO I $250,00 I $37,995.00 I Interior: 190 Ebony Exterior 1: OW Special Paint Exterior 2: February 22, 2007 9:00:41 AM OPTIONS EMISSIONS, CALIFORNIA STATE REQUIREMENTS ENGINE, VORTEC 5.3L V8 SFI FLEX-FUEL WITH ACTIVE FUEL MANAGEMENT TRANSMISSION, +SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED DIFFERENTIAL, HEAVY-DUTY LOCKING REAR REAR AXLE, 4.10 RATIO LS PREFERRED EQUIPMENT GROUP TIRES. P265170R17 ALL-SEASON, BLACKWALl NO THIRD ROW SEAT SEATS, FRONT 40120/40 SPLIT-BENCH SEATS, SECOND ROW 60/40 SPLIT-FOLDING BENCH CUSTOM CLOTH SEAT TRIM AUDIO SYSTEM, AM/FM STEREO XM SATELLITE RADIO, DELETE COOLING, AUXILIARY TRANSMISSION Oil COOLER, HEAVY-DUTY AIR-TO-OI ONSTAR, DELETE FLEET PROCESSING OPTION SPECiAl EQUIPMENT OPTIONS SPECIAL PAINT, SOLID. SPECIAL PAINT, SOLID, ONE COLOR. SUBTOTAl Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating cond~ions. GM AutoBook, Data Version: 122,1, Data updated 2/13/2007 11 :22:00 AM @Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: MODEL 2007 Chevrolet Tahoe 4WD 4dr 1500 LS Page 2 e e e . -- -- .... ........-..-..co l".1 IC'~'" r .lee!'!... UIC'r-'1".. :::IU~t.1t1c::tlbl!::.::lI p... Preparad By: administrator CREST CHEVROLT-FLEET DEPT. DANNY ZANK-MGR. SAN BERNARDINO.. CA 92405 Phone: (909) 883-8833 Fax: (909) 883-7968 -l~~ ... 2007 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr 1500 LS CK10706 WINDOW STICKER Advert/Adjustments Destination Charge TOTAL PRICE . Est City: 15.00 mpg i Est Highway: 20.00 mpg i Est Highway Cruising Range: 520.00 mi I I ! -._---~. .---- $0.00 I $900.00 I $38,895.00 I 330"6 68 . . ze .5".<0. 0 0 I I ;<:lUG€". -J(;I-I....JSU.N 6'Qu~r: 61, S"66. 68 S:"l Lc ~ 1.4}l. .if 771, A1:z. '" ~ B. -?'C'" Tllc.c: rEc-. (oV tf 66 .3<16.8S , Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unn performance will depend on your operating condnions. GM AutoBook. Data Version: 122.1. Data updated 2/13/200711:22:00 AM CCopyright1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: Februal)' 22, 20079:00:41 AM Page 3 Ii 0",-,.,-;1- JOI-INSON EQUIPMENT Co.) FIRE EQUIPMENT SALES 21155 WAllACE AVE~UE, PERRis CA Cfl!ilO TEl: (95]) 940-0606 Fo\X: (~) 94l44H Quotation 696 e Quote Date: January 12,2007 Page: 1 Quoted to: CREST CHEVROLET 909 WEST 21ST STREET SAN BERNARDINO, CA 92405 Drop Shipment Ship To: CITY OF SAN BERNARDINO FIRE DEPT 1208 NORTH H STREET SAN BERNARDINO, CA 92405 e Customer ID Good Thru Payment Tenns Ship Via: CREST CHEVROLET 2/11/07 Net 30 Days DELIVERY Quantity Item Desc:riDtion Unit Price Extension 1.00 TAHOE BUILD UP LESS RADIOS 28,520.00 28,520.00 AND COMPUTER , Subtotal 28.520.00 Sales Tax Freight Total 28.520.00 e