Loading...
HomeMy WebLinkAbout20-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Ken Fischer Subject: A Resolution authorizing the execution of an agreement and Dept: Public Services issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Date: September 28, 2007 Section 3.04.010-B3 of the Municipal Code for three (3) 2008 Chevrolet 2500HD Ext-cab Chassis and one (1) 2008 2500HD Std-cab Chassis to be utilized by the Animal Control and Police Departments. Meeting Date: October 15, 2007 Synopsis of Previous Council Action: Reso 2006-33 February 6, 2006 Approved purchase of two CSI trucks From Crest Chevrolet Reso 2006-186 June 19, 2006 Approved purchase of one Animal Control truck from Crest Chevrolet Recommended Motion: Adopt Resolution ignature Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Agreement, Quote, Specifications. Ward: All FUNDING REQUIREMENTS: Amount: $150,299.72 Source: 635-341-5701 Motor Vehicles Finance: Council Notes: Agenda Item No. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing the execution of an agreement and issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-63 of the Municipal Code for three (3) 2008 Chevrolet 2500HD Extended-cab Chassis and one (1) 2008 2500HD Std-cab Chassis to be utilized by the Animal Control and Police Departments. Background: The Animal Control Department and Police Department currently utilize three (3) animal control trucks and one (1) crime scene van that are on the approved FY07/08 Vehicle Replacement List. The three (3) trucks range from 2000 models to a 2002 model with mileage from 116,304 to 141,648 miles. The van is a 1999 model with 129,354 miles. They have reached their economic life and have become too costly to operate. Therefore, they will be placed in surplus for auction. The unit numbers are as follows: #695 2000 Chevy 3500 139,083 miles #697 2000 Chevy 3500 116,304 miles #698 2002 Chevy 3500 141,648 miles #2079 1999 Chevy Van 157,677 miles Staff completed a negotiated purchase with Crest Chevrolet of San Bemardino. Crest will act as primary vendor for this purchase. There are no local body dealers for this particular equipment. HREM Truck Body of Colton will install the three (3) new animal control bodies. Supreme Truck Body of Moreno Valley will install the police mod cations. The City has been offered the purchase price of $41,188.07 each including tax for the animal control trucks and $26,735.51 including tax for the crime scene truck from Crest Chevrolet for a total purchase price of $150,299.72 (see Exhibits 1 & 2). Financial Impact: Funds for this purchase have been budgeted in FY2007/2008 Account No. 635-341- 5701 Motor Vehicles. Recommendation: Adopt resolution. 1 • 1 RESOLUTION NO. 2 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $150,299.72 TO 3 CREST CHEVROLET OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010- 4 83 OF THE MUNICIPAL CODE FOR THREE (3) 2008 CHEVROLET 2500HD EXTENDED-CAB CHASSIS AND ONE (1) 2008 2500HD STD-CAB CHASSIS TO BE 5 UTILIZED BY THE ANIMAL CONTROL AND POLICE DEPARTMENTS. g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Agreement between the City of San 10 Bernardino and Crest Chevrolet, a copy of which is attached hereto, marked Exhibit 11 "A"and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. This purchase is exempt from the formal contract procedures of • 13 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 14 Code, "Purchases approved by the Mayor and Common Council". 15 16 SECTION 3. That Crest Chevrolet has offered the purchase price of 17 $41,188.07 each including tax for three (3) animal control trucks and $26,735.51 18 including tax for one (1) crime scene truck pursuant to Section 3.04.010 6-3 of the 19 Municipal Code. Pursuant to this determination the Finance Director is hereby 20 authorized to issue a purchase order to Crest Chevrolet of San Bernardino, in the 21 amount of $150,299.72, which will facilitate the procurement of the four (4) vehicles. 22 ~ SECTION 4. The Purchase Order shall reference this Resolution No. 2007-_ ~ and shall read, "Purchase of three (3) Year 2008 Chevy 2500HD Extended-cab animal ~ control trucks and one (1) 2008 Chevy 2500HD Std-cab crime scene truck, P.O. not to • 26 exceed $150,299.72" and shall incorporate the terms and conditions of the Agreement. 27 ~ September 28, 2007 /O '/5 "!~~ r • 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $150,299.72 TO 2 CREST CHEVROLET OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010- 83 OF THE MUNICIPAL CODE FOR THREE (3) 2008 CHEVROLET 2500HD 3 EXTENDED-CAB CHASSIS AND ONE (1) 2008 2500HD STD-CAB CHASSIS TO BE 4 UTILIZED BY THE ANIMAL CONTROL AND POLICE DEPARTMENTS. 5 SECTION 5. The authorization to execute the above referenced Purchase Order and g agreement is rescinded if not issued within sixty (60) days of the passage of this 7 resolution. 8 9 111 10 111 11 12 111 13 111 • 14 111 15 III 16 111 17 /// 18 /// 19 20 Ill 21 /ll 22 /// /// ~ 111 25 111 • 26 27 28 September 28, 2007 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT • AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $150,299.72 TO 2 CREST CHEVROLET OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010- 63 OF THE MUNICIPAL CODE FOR THREE (3) 2008 CHEVROLET 2500HD 3 EXTENDED-CAB CHASSIS AND ONE (1) 2008 2500HD STD-CAB CHASSIS TO BE 4 UTILIZED BY THE ANIMAL CONTROL AND POLICE DEPARTMENTS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the g Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of , 2007, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 12 BAXTER 13 BRINKER • 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 , 2007. 22 ~ Patrick J. Morris, Mayor City of San Bernardino 24 Ap roved as to Form: ~ -~ _ • 26 f;l mes F. Penman, City Attorney 27 28 September 28, 2007 • 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 15th day of October g 2007, by and between Crest Chevrolet ("VENDOR") and the City of San Bernardino 4 ("CITY" or "San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 and in the best interest of the CITY to contract for the purchase of three (3) 2008 Chevy 8 9 2500HD Extended-cab animal control trucks and one (1) 2008 Chevy 2500HD Std-cab crime 10 scene truck; and 11 WHEREAS, the City of San Bernazdino did solicit and accept quotes from available 12 vendors for the purchase of three (3) 2008 Chevy 2500HD Extended-cab animal control trucks • 13 and one (1) 2008 Chevy 2500HD Std-cab crime scene truck; 14 NOW, THEREFORE, the parties hereto agree as follows: 15 16 1. SCOPE OF SERVICES. 17 For the remuneration stipulated, San Bernazdino hereby engages the services of ig VENDOR to provide those products and services as set forth in this purchase agreement. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR up to the amount of $150,299.72 for three (3) 2008 Chevy 22 2500HD Extended-cab animal control trucks and one (1) Chevy 2500HD Std-cab 23 ~ crime scene truck. b. No other expenditures made by VENDOR shall be reimbursed by CITY, • 26 3. TERM; SEVERABILITY. 27 The term of this Agreement shall be for a period of one year. 28 • 1 This Agreement may be terminated at any time by thirty (30) days written notice by 2 either party. The terms of this Agreement shall remain in force unless mutually amended. The 3 duration of this Agreement may be extended with the written consent of both parties. 4 4. INDEMNITY. 5 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 7 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 8 9 under the Agreement. 10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 11 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 12 VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its 13 obligations under the Agreement. • 14 In the event the CITY and/or the VENDOR is found to be compazatively at fault for any 15 claim, action, loss, or damage which results from their respective obligations under the 16 17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this lg comparative fault. 19 5. INSURANCE. 20 While not restricting or limiting the forgoing, during the term of this Agreement, 21 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 23 ~ worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk 2r Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an • 26 additional named insured in each policy of insurance provided hereunder. The Certificate of 27 28 • 1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 2 termination in the policy. 3 6. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 discrimination in employment of persons because of their race, religion, color, national origin, 7 $ ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 10 12940 of the California Government Code. 11 7. INDEPENDENT CONTRACTOR 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 13 • purposes VENDOR shall be an independent contractor and not an agent or employee of the 14 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 15 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 1$ employees, and all business license, if any aze required, in connection with the services to be 19 performed hereunder. 20 8 BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 22 ~ 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 2r to practice its business or profession. • ~ 27 28 • 1 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: 4 5 TO THE CITY: Public Services Director 6 300 North "D" Street San Bernazdino, CA 92418 7 Telephone: (909) 384-5140 8 TO THE VENDOR: Crest Chevrolet 9 909 West 21st Street San Bernardino, CA 92405 10 Telephone: (909) 883-8833 Attn: Danny Zank 11 12 10. ATTORNEYS' FEES 13 In the event that litigation is brought by any party in connection with this Agreement, • 14 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 15 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 16 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 17 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 19 20 fees" for the purposes of this paragraph. 21 11. ASSIGNMENT. 22 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 25 and shall constitute a breach of this Agreement and cause for the termination of this 27 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR • ~ 28 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR • 1 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings azising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernazdino, State of California or the U.S. District Court for the Central District of California, 7 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 8 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this • 14 Agreement and their respective heirs, representatives, successors, and assigns. 15 16 15. HEADINGS. 17 The subject headings of the sections of this Agreement aze included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 16. ENTIRE AGREEMENT; MODIFICATION. 21 This Agreement constitutes the entire agreement and the understanding between the 22 parties, and supercedes any prior agreements and understandings relating to the subject manner 23 ~ of this Agreement. This Agreement may be modified or amended only by a written instrument ~r executed by all pazties to this Agreement. • ~ /// 27 /// 28 • 1 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 and date set forth below. 4 Dated: , 2007 VENDOR. 5 By: 6 Its: 7 8 9 Dated , 2007 CITY OF SAN BERNARDINO 10 By' Fred Wilson, City Manager 11 12 Approved as to Form: 13 • 14 By: 15 J e' F. Penman, City Attorney i6 17 18 19 20 21 22 23 24 25 • 26 27 28 • 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 15th day of October 3 2007, by and between Crest Chevrolet ("VENDOR") and the City of San Bernardino 4 ("CITY" or "San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 $ and in the best interest of the CITY to contract for the purchase of three (3) 2008 Chevy 9 2500HD Extended-cab animal control trucks and one (1) 2008 Chevy 2500HD Std-cab crime 10 scene truck; and 11 WHEREAS, the City of San Bernardino did solicit and accept quotes from available 12 vendors for the purchase of three (3) 2008 Chevy 2500HD Extended-cab animal control trucks 13 and one (1) 2008 Chevy 2500HD Std-cab crime scene truck; • 14 NOW, THEREFORE, the parties hereto agree as follows: 15 16 1. SCOPE OF SERVICES. 17 For the remuneration stipulated, San Bernardino hereby engages the services of 1$ VENDOR to provide those products and services as set forth in this purchase agreement. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 pay the VENDOR up to the amount of $150,299.72 for three (3) 2008 Chevy 22 ~ 2500HD Extended-cab animal control trucks and one (1) Chevy 2500HD Std-cab ,~ crime scene truck. ~r b. No other expenditures made by VENDOR shall be reimbursed by CITY, • 26 3. TERM; SEVERABILITY. 27 T'he term of this Agreement shall be for a period of one year. 28 Exhibit "A" • 1 This Agreement may be terminated at any time by thirty (30) days written notice by 2 either party. The terms of this Agreement shall remain in force unless mutually amended. The 3 duration of this Agreement may be extended with the written consent of both parties. 4 4. INDEMNITY. 5 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 7 8 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 9 under the Agreement. 10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 11 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 12 VENDOR'S negligent acts or omissions arising from the VENDOR'S performance of its • 13 obligations under the Agreement. 14 In the event the CITY and/or the VENDOR is found to be compazatively at fault for any 15 16 claim, action, loss, or damage which results from their respective obligations under the 17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 1$ compazative fault. 19 5. INSURANCE. 20 While not restricting or limiting the forgoing, during the term of this Agreement, 21 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 22 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 23 ~ worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk ~r Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an • 26 additional named insured in each policy of insurance provided hereunder. The Certificate of 27 28 Exhibit "A" • 1 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 2 termination in the policy. 3 6. NON-DISCRIMINATION. 4 In the performance of this Agreement and in the hiring and recruitment of employees, 5 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 6 discrimination in employment of persons because of their race, religion, color, national origin, 7 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 9 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 10 12940 of the California Government Code. 11 7. INDEPENDENT CONTRACTOR. 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and • 13 purposes VENDOR shall be an independent contractor and not an agent or employee of the 14 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 15 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 1g employees, and all business license, if any are required, in connection with the services to be 19 performed hereunder. 20 g_ BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 22 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 23 ,~ qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2r to practice its business or profession. • ~ 27 28 Exhibit "A" - 1 • 1 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: 4 5 TO THE CITY: Public Services Director 6 300 North "D" Street San Bernazdino, CA 92418 7 Telephone: (909) 384-5140 8 TO THE VENDOR: Crest Chevrolet 9 909 West 21st Street San Bemazdino, CA 92405 10 Telephone: (909) 883-8833 Attn: Danny Zank 11 12 10. ATTORNEYS' FEES 1~ In the event that litigation is brought by any party in connection with this Agreement, • 14 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 15 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 16 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 17 provisions hereof. The costs, salazy and expenses of the City Attorney and members of his 18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 19 20 fees" for the purposes of this paragraph. 21 11. ASSIGNMENT. 22 VENDOR shall not voluntazily 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 25 and shall constitute a breach of this Agreement and cause for the termination of this • 27 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 28 Exhibit "A" • 1 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 8 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this • 14 Agreement and their respective heirs, representatives, successors, and assigns. . 15 16 15. HEADINGS. 17 The subject headings of the sections of this Agreement aze included for the purposes of 1$ convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 16. ENTIRE AGREEMENT; MODIFICATION. 21 This Agreement constitutes the entire agreement and the understanding between the 22 parties, and supercedes any prior agreements and understandings relating to the subject manner 23 ,~ of this Agreement. This Agreement may be modified or amended only by a written instrument 2r executed by all parties to this Agreement. • 26 /// 27 28 Exhibit "A" • 1 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 and date set forth below. 4 Dated: , 2007 VENDOR. 5 gy. 6 Its: 7 8 9 Dated , 2007 CITY OF SAN BERNARDINO 10 By' Fred Wilson, City Manager it 12 Approved as to Form: 13 • 14 By: 15 James F. Penman, City Attorney 16 17 18 19 20 21 22 23 24 25 • 26 27 28 Exhibit "A"