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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fisch~r, Director
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order to
Redlands Auto Center for the purchase
of one right hand drive Jeep Wrangler,
to be utilized by the Facilities
Department Parking Control Division.
Dept: Public Services
Date: February 5, 2008
Meeting Date: February 19, 2008
Synopsis of Previous Council Action
Reso 2005-146 6/6/2005 Approved purchase of three RHO Jeeps
12/03/07 Item was tabled to allow local vendor to bid
Recommended Motion:
Adopt Resolution
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Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Resolution, Agreement, Quotes.
Ward: All
FUNDING REQUIREMENTS:
Amount:
$26,329.94
635-341-5701
Motor Vehicles
Source:
Finance:
Council Notes:
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Agenda Item No. :J...O
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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 a purchase order
to Redlands Auto Center pursuant to Section 3.04.010 B-3 of the Municipal Code for the
purchase of one right hand drive Jeep Wrangler to be utilized by the Facilities
Department Parking Control Division.
Background:
The Facilities Department currently utilizes four Right Hand Drive Jeep Wranglers and
two compact pick-up trucks throughout the City for parking control. Staffing levels are
now at five full-time and three part-time employees so vehicle availability Monday
through Friday has become an issue. As part of the FY 07/08 budget process, Facilities
staff requested and received approval to add one additional Jeep to the fleet. The Jeep
Wranglers have proven to be more versatile and cost effective for the operation. At this
time there are no Alternative fuel or Hybrid vehicles available with right hand drive.
Fleet staff contacted 3 Jeep-Chrysler dealers from the surrounding area and one
complete quote was received as follows, see Exhibit 1:
Vendor
Redlands Auto Center
Shaver Auto Center
Jeep-Chrysler of Ontario
Location Quote
Redlands $26,329.94
San Bernardino Declined to quote
Ontario Does not meet specs, no Yo door.
The total cost includes one 'Right Hand Drive Jeep Wrangler, to include a new right side
half door with zipper window. Total cost of this purchase is $26,329.94 including tax.
This item was previously heard and tabled at the December 3, 2007 City Council
Meeting to allow a local vendor to bid. Please note that staff contacted the local vendor,
Shaver Auto Center, and their Assistant Sales Manager declined to quote on this
vehicle (see attached).
Financial Impact:
Funds for this purchase are available in the FY2007/2008 Account No. 635-341-5701,
Motor Vehicles.
Recommendation:
Adopt resolution.
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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
ISSUANCE OF A PURCHASE ORDER TO REDLANDS AUTO CENTER
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF ONE RIGHT HAND DRIVE JEEP WRANGLER, TO BE UTILIZED
BY THE FACILITIES DEPARTMENT PARKING CONTROL DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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 Redlands Auto Center, 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 Redlands Auto Center has offered a purchase price of
$26,329.94 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for
the purchase of one (1) 2008 Right Hand Drive Jeep Wrangler to include a new right
side half door with zipper window. Pursuant to this determination the Finance Director
is hereby authorized to issue a purchase order to Redlands Auto Center, in the
amount of $26,329.94, which will facilitate the procurement of the 2008 Right Hand
Drive Jeep Wrangler.
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
and shall read, "Purchase of one (1) 2008 Right Hand Drive Jeep Wrangler to include
a new right side half door with zipper window, P.O. not to exceed $26,329.94" and
shall incorporate the terms and conditions of the Agreement.
January 31, 2008
No. d.-O
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO REDLANDS AUTO CENTER
PURSUANT TO SECTION 3.04.010 B.3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF ONE RIGHT HAND DRIVE JEEP WRANGLER, TO BE UTILIZED
BY THE FACILITIES DEPARTMENT PARKING CONTROL DIVISION.
SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
this resolution.
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January 31, 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO REDLANDS AUTO CENTER
PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE
PURCHASE OF ONE RIGHT HAND DRIVE JEEP WRANGLER, TO BE UTILIZED
BY THE FACILITIES DEPARTMENT PARKING CONTROL 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
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members: AYES
NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is
,2008.
hereby approved this
day of
Patrick J. Morris, Mayor
City of San Bernardino
January 31,2008
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of February
2008, by and between Redlands Auto Center ("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 one (I) 2008 RHD Jeep
Wrangler with right side II, door; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of one (I) 2008 RHD Jeep Wrangler with right side II, door.
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 one (I) 2008 RHD Jeep Wrangler with right side II, door.
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 $26,329.94 for one (I) 2008 RHD Jeep
Wrangler with right side II, door.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one year.
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
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 foregoing, 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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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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 licenses, permits,
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:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Redlands Auto Center, Attn. Arthur Newman
500 West Redlands Blvd.
Redlands, CA 92373
Telephone: (909) 793-2141
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.
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.
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
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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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VENDORSERVCEAGREEMENT
REDLANDS AUTO CENTER
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
Dated
,2008
,2008
Approved as to Form:
?-.~
s . Penman, City Attorney
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager