HomeMy WebLinkAbout42-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date July 25, 2007
Synopsis of Previous Council Action:
Recommended Motion:
Adopt resolution.
Subject: Resolution authorizing the
execution of an agreement and
issuance of an annual purchase order
with two single year renewal options to
Fleet Pride for heavy duty vehicle brake
work, including purchase of various
related parts and supplies to be utilized
by the Public Services Department Fleet
Division.
Meeting Date: August 20, 2007
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. nature
Contact person: Don Johnson, Fleet Manager
Phone: 5220
Supporting data attached: Staff Report,
Resolution, Agreement.
FUNDING REQUIREMENTS:
Council Notes:
Ward:
All
Amount:
$95,000
$15,000
635-341-5173
Outside Vehicle
Maintenance
$80,000
635-341-5111
Materials and
Supplies
Source:
Finance:
,!*
Agenda Item No. !:IJ-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the execution of an agreement and issuance of an annual
purchase order with two single year renewal options to Fleet Pride for heavy duty vehicle
brake work, including purchase of various related parts and supplies to be utilized by the
Public Services Department Fleet Division.
BACKGROUND
Notices inviting bids for FY 2007/2008 annual purchase order for heavy duty vehicle
repair, which includes truck brake work, and other related services, were sent to three (3)
vendors, the San Bernardino Chamber of Commerce and advertised on the Web and in
the Sun Newspaper. Bidders were required to bid on various services and parts for Bid
No.F07-040 Heavy Duty Brake Repair. Two (2) sealed bids were received. For bid
comparison purposes, comparable bid item totals were compiled for which all bidders
submitted prices. The lowest qualified bid to RFQ 07-040 was submitted by Fleet Pride,
located in Ontario, CA.
Rank
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2
Location
Ontario
Fontana
Comparable Item
Bid Totals
$7,826.47
(incomplete bid, does not meet specs)
List of Bidders
Fleet Pride
Franklin Truck Parts
FINANCIAL IMPACT
Funds for this annual purchase order are contained in the Public Services Department,
Fleet Division Fiscal Year 2007/2008 Budget Account No. 635-341-5173, Outside Vehicle
Maintenance in the amount of $15,000.00 and. Account No. 635-341-5111, Materials and
Supplies in the amount of $80,000.00
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR
RENEWAL OPTIONS, TO FLEET PRIDE FOR HEAVY DUTY VEHICLE BRAKE
WORK, INCLUDING PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES
TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager 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 Fleet Pride, 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 Fleet Pride provides heavy-duty vehicle brake work and other
related services for the heavy equipment fleet and was the lowest responsive bidder to
RFQ 07-040. Pursuant to this determination, the Purchasing Manager is hereby
authorized to issue an annual purchase order, to Fleet Pride, for heavy-duty vehicle
brake work and other related services in an amount not to exceed $95,000 for Fiscal
Year 2007/2008 as a result of Bid No. F-07-040. The Purchase Order shall reference
this Resolution No. 2007-
and shall read, "Fleet Pride for heavy-duty vehicle
, not to exceed $95,000.00",
brake work and other related services, P.O. No.
and shall incorporate the terms and conditions of the Contract.
SECTION 3. The authorization to execute the above-referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
11/
11/
11/
Jf tf;L
g- JD '07
August 16, 2007
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO SINGLE YEAR
RENEWAL OPTIONS, TO FLEET PRIDE FOR HEAVY DUTY VEHICLE BRAKE
WORK, INCLUDING PURCHASE OF VARIOUS RELATED PARTS AND SUPPLIES
TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT FLEET DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2007, by the
day of
meeting thereof, held on the
following vote, to wit:
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
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: 7es F. Penman, City Attorney
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JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
hereby approved this
day of
The foregoing resolution is
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Ap'proved as to Form:
August 16. 2007
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of August
2007, 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 heavy-duty vehicle brake work and other
related services and supplies to be utilized by the Public Services Department Fleet Division;
and
WHEREAS, the City of San Bernardino did solicit and receive quotes from available
vendors for heavy-duty vehicle brake work and other related services and supplies.
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 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 total amount of $95,000.00 for heavy-duty vehicle
brake work and other related services and supplies to be utilized by the Public
Services Department Fleet Division.
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.
EXHIBIT "A"
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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 claims, 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 arising from the performance of their respective obligations
under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
S. 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
EXHIBIT "A"
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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 engage in, nor permit its officers, employees or agents to engage in,
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
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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 licenses, 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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EXHIBIT "A"
4 TO THE CITY:
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7 TO THE VENDOR:
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9.
NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Fleet Pride
5751 E. Santa Ana Ave.
Ontario, CA 91761
Telephone: (909) 208-4507
Attn: Brad Sigler
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 connection with that litigation shall be considered as "attorneys' fees" for the purposes
of this 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
EXHIBIT "A"
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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
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.
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EXHIBIT "A"
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
f-'~
s . Penman, City Attorney
EXHIBIT "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of August
2007, 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 heavy-duty vehicle brake work and other
related services and supplies to be utilized by the Public Services Department Fleet Division;
and
WHEREAS, the City of San Bernardino did solicit and receive quotes from available
vendors for heavy-duty vehicle brake work and other related services and supplies.
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 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 total amount of $95,000.00 for heavy-duty vehicle
brake work and other related services and supplies to be utilized by the Public
Services Department Fleet Division.
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.
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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 claims, 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 arising from the performance of 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 engage in, nor permit its officers, employees or agents to engage in,
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
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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 licenses, 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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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY:
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7 TO THE VENDOR:
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Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Fleet Pride
5751 E. Santa Ana Ave.
Ontario, CA 91761
Telephone: (909) 208-4507
Attn: Brad Sigler
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 connection with that litigation shall be considered as "attorneys' fees" for the purposes
of this 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
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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
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
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2007
VENDOR.
By:
Its:
Dated
,2007
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form: