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HomeMy WebLinkAbout27-Public Services c ,...... '- c 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 two single year renewal options to United Transmission Exchange of San Bernardino for heavy- duty truck transmission service, repair and exchange for the City's fleet. Dept: Public Services Date: March 20, 2008 Meeting Date: April 7, 2008 Synopsis of Previous Council Action Recommended Motion: 1) Adopt Resolution. 2) Authorize the Director of Finance to amend the FY 07108 Fleet and IWMD budgets as discussed in this staff report to reflect the additional $17,100 in utside vehicle maintenance costs. Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff report, Resolution, Agreement. Ward: All FUNDING REQUIREMENTS: Amount: $17,100 Source: 635-341-5173 Outside Vehicle Maintenance Finance: Council Notes: Lj trIoL Agenda Item No. t 7 c -- L ,- L CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A Resolution authorizing an agreement and increase to an Annual Purchase Order with two single year renewal options to United Transmission Exchange of San Bernardino for heavy-duty truck transmission service, repair and exchange for the City's fleet. Background: United Transmission Exchange of San Bernardino is the local authorized distributor and warranty repair facility for Allison Transmissions and Stone Bennet Air shifters and was awarded Annual Purchase Order No. 208115 in the amount of $24,900 for FY 2007/2008. United Transmission Exchange is the only facility in the area able to perform Allison transmission warranty and repair work. The next closest vendor is located in Mira Loma and it is not economically feasible to tow the City's heavy-duty trucks to Mira Loma for repairs. The Public Services Department, Fleet Division staff is requesting an increase of $17,100 to the purchase order, for a total amount not to exceed $42,000 for FY 2007/2008. The requested increase is needed due to increased costs associated with the repair and exchange of these heavy-duty truck transmissions. These factors have contributed to the annual purchase order being used at higher rate than originally projected. Financial Impact: A budget amendment of $17,100 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 IWM Division, as they are directly related to the operation, so the IWM Division budget will also be amended accordingly. Recommendation: 1) Adopt Resolution. 2) Authorize the Director of Finance to amend the FY 07/08 Fleet and IWMD budgets as discussed in this staff report to reflect the additional $17,100 in outside vehicle maintenance costs. c 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 ,~'" '- c 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 WITH TWO SINGLE YEAR RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN BERNARDINO FOR HEAVY-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 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 United Transmission Exchange, 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 United Transmission Exchange of San Bernardino is the local authorized distributor and warranty repair facility for Allison Transmissions and Stone Bennet Air shifters and related repair services for heavy equipment to be utilized by the Fleet Division. Pursuant to this determination, the Director of Finance or hislher designee is hereby authorized to issue an increase of $17,100 to the annual purchase order, to said United Transmission Exchange, for a total amount not-to-exceed $42,000 beginning in Fiscal Year 2007/2008. SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_ and shall read, "Heavy-Duty Allison Transmission repairs and lor exchanges, P.O. not to exceed $42,000" and shall incorporate the terms and conditions of the Agreement. /II c 1 2 3 4 5 6 7 8 9 10 11 12 13 ..- f \..... - L 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 WITH TWO SINGLE YEAR RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN BERNARDINO FOR HEAVY-DUTY TRUCK TRANSMISSION SERVICE, REPAIR AND EXCHANGE FOR THE CITY'S FLEET. 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. //I //I //I //I III 14 15 16 17 18 19 20 III 21 22 //I 23 24 25 26 27 28 III III //I III III III III III //I r- '- ,- i "-' c 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 WITH TWO SINGLE YEAR RENEWAL OPTIONS TO UNITED TRANSMISSION EXCHANGE OF SAN BERNARDINO FOR HEAVY-DUTY TRUCK TRANSMISSION SERVICE, REPAIR AND EXCHANGE FOR THE CITY'S FLEET. 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 AP~roved as to form: X~ 7.f~ 27 <la es F. Penman I . 28 '-City Attorney 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 - "- 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 c /-- ~ VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, by and between United Transmission Exchange ("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 repair and exchange of Allison heavy- duty truck transmissions and Stone Bennet Air shifters; and WHEREAS, the City of San Bernardino did not solicit and accept quotes from available vendors for the repair and exchange of Allison heavy-duty truck transmissions and Stone Bennet Air shifters. 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 repair and exchange of Allison heavy-duty truck transmissions and Stone Bennet Air shifters. 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 $42,000 for repair and exchange of Allison heavy-duty truck transmissions and Stone Bennet Air shifters. 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, with two (2) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2008 c r '- c 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 through June 30, 2009. Option year two, if exercised, shall be effective July 1,2009 through June 30, 2010. Actual option year pricing shall be negotiated with VENDOR prior to exercising any given option 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. 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. S. 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 automobil~ 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 c 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 c ",.- \.- 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. 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. c 1 2 3 4 5 6 7 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: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 8 TO THE VENDOR: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 .~ '- United Transmission Exchange, Attn. Adrian Downs 24147 E. 6th Street San Bernardino, CA 92410 Telephone: (909) 384-8140 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 .- ........... 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 _. .' i"".... /- '-' 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 c 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 ,---- '- c VENDOR SERVICE AGREEMENT UNITED TRANSMISSION EXCHANGE IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: VENDOR ,2008 By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: