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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: A resolution authorizing an
agreement and increase to an Annual
Purchase Order, with three single year
renewal options, to Pride Automotive of
San Bernardino for automotive, light and
medium duty truck transmission service,
repair and exchange for the City's fleet.
Dept: Public Services
Date March 9, 2007
Meeting Date: April 16, 2007
Synopsis of Previous Council Action
Reso 2003-150 July 7,2003
Bid No. F05-004 May 7, 2004
Reso 2005-173 June 20, 2005
Reso 2006-251 July 10,2006
Recommended Motion:
. Motion #1: Adopt resolution.
Motion #2: Authorize the Director of Finance to amend the FY 06/07 Fleet and Police
budgets as discussed in this staff report to reflect the additional $19,000 in
o"',~, "hid" mal,."","oo 00"'. .2; g, ~
Si nature
Annual PO $28,000
Annual PO $24,800
Annual PO $28,000
Annual PO $35,000
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Resolution, Agreement.
Ward: All
FUNDING REQUIREMENTS:
Amount:
$19,000
Source: 635-341-5173
Outside Vehicle Maintenance
Finance:
Council Notes:
C// /l#/D7
Agenda Item No. -.l ^
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing an agreement and increase to an Annual Purchase Order, with
three single year renewal options to Pride Automotive of San Bernardino for automotive,
light and medium duty truck transmission service, repair and exchange for the City's fleet.
Background:
Pride Automotive of San Bernardino was the successful bidder for Bid No. F-07 -04 on July
10, 2006, and was awarded an Annual Purchase Order, with three single year renewal
options, in the amount of $35,000 for FY 2006/2007. The Public Services Department,
Fleet Division staff is requesting an increase of $19,000 to the purchase order, for a total
amount not to exceed $54,000 for FY 2006/2007. The requested increase is needed due to
the increased usage of Police units throughout the City and additional patrols for the Project
Phoenix program. These factors have contributed to the Police vehicles being used at a
rate much higher than originally projected resulting in an increase in transmission failures.
e Financial Impact:
A budget amendment of $19,000 increasing Fleet's outside vehicle maintenance account
(635-341-5173) is requested. Because the Fleet Fund operates as an "internal service
fund" all of Fleet's expenditures are charged back to city departments based on related
usage. These charges will ultimately be charged back to the Police Department, as they are
directly related to the Police operation, so the Police Department budget will also be
amended accordingly.
Recommendation:
1.) Adopt resolution.
2.) Authorize the Director of Finance to amend the FY 06/07 Fleet and Police budgets as
discussed in this staff report to reflect the additional $19,000 in outside vehicle
maintenance costs.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $19,000.00,
TO PRIDE AUTOMOTIVE FOR AUTOMOTIVE, LIGHT AND MEDIUM DUTY TRUCK
TRANSMISSION SERVICE, REPAIR AND EXCHANGE FOR THE CITY'S FLEET.
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
Pride Automotive, 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. That Pride Automotive provides services, repairs and exchanges
of automotive, light and medium duty truck transmissions. Pursuant to this
determination, the Purchasing Manager is hereby authorized to issue an increase of
$19,000.00 to an Annual Purchase Order, with three single year renewal options, to
Pride Automotive for a total amount not to exceed $54,000.00 as a result of Bid No. F-
07-04.
SECTION 3. The Purchase Order shall reference this Resolution No. 2007-
and shall read, "Transmission service, repair and exchanges" P.O. No. 07-042
not to exceed $54,000.00 and shall incorporate the terms and conditions of the
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Contract.
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ND I J-~
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April 11 , 2007
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $19,000.00,
TO PRIDE AUTOMOTIVE FOR AUTOMOTIVE, LIGHT AND MEDIUM DUTY TRUCK
3 TRANSMISSION SERVICE, REPAIR AND EXCHANGE FOR THE CITY'S FLEET.
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SECTION 4. The authorization to execute the above referenced Purchase
6 Order and Agreement is rescinded if it is not issued within sixty (60) days of the
7 passage of this resolution
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April 11, 2007
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $19,000.00,
TO PRIDE AUTOMOTIVE FOR AUTOMOTIVE, LIGHT AND MEDIUM DUTY TRUCK
TRANSMISSION SERVICE, REPAIR AND EXCHANGE FOR THE CITY'S FLEET.
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
8 following vote, to wit:
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AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
BAXTER
BRINKER
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DERRY
KELLEY
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16 JOHNSON
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MCCAMMACK
Rachel G. Clark, City Clerk
hereby approved this
day of
The foregoing resolution is
,2007.
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24 Approved as to Form:
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26 htyl es F. Penman, City Attorney
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Patrick J. Morris, Mayor
City of San Bernardino
April 11. 2007
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of April
2007, by and between Pride Automotive ("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 automotive, light and medium duty truck
transmission service, repair and exchange; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for automotive, light and medium duty truck transmission service, repair and
exchange.
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$19,000.00 for automotive, light and medium
duty truck transmission service, repair and exchange.
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.
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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
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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.
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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 924 18
Telephone: (909) 384-5140
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TO THE VENDOR:
Pride Automotive Repair
25050 East 3rd Street
San Bernardino, CA 924 I 0
Telephone: (909) 885-5222
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 "attorneys'
fees" for the purposes of this paragraph.
1.1. 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.
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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 marmer
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
,2007
VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Dated:
Dated
,2007
Approved as to Form: