HomeMy WebLinkAbout36-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an Agreement and increase
to an Annual Purchase Order with three
single year renewal options to
Diversified Truck Center for specific
Autocar truck parts to be utilized by the
Public Services Department, Fleet
Division.
Dept: Public Services
Date March 25, 2008
Meeting Date: April 7, 2008 .
Synopsis of Previous Council Action
Recommended Motion:
1.)
2.)
Adopt resolution.
Authorize the Director of Finance to amend the FY 07/08 Fleet and IWM Division
budgets as discussed in this staff report to reflect the additional $10,100 in
Materials & Supplies costs.
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Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report,
Resolution, Agreement.
Ward:
All
FUNDING REQUIREMENTS:
Amount: $10,100
Source: 635-341-5111
Materials & Supplies
Finance:
Council Notes:
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Agenda Item No. .3f,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an Agreement and increase to an Annual Purchase
Order, with three single year renewal options, to Diversified Truck Center for specific
Autocar truck parts to be utilized by the Public Services Department, Fleet Division.
Background:
Diversified Truck Center was awarded a sole source annual purchase order on July 1, 2007,
in the amount of $24,900 for FY 200712008. The Public Services Department, Fleet
Division staff is requesting an increase of $10,100 to the purchase order, for a total amount
not to exceed $35,000 for the remainder FY 200712008. The requested increase is needed
due to increased usage of the already aging refuse trucks, and specific Autocar brand parts
that are no longer covered under warranty, as well as compliance with the CHP mandated
BIT program. These factors have contributed to the purchase order funds being depleted.
Diversified Truck Center is the nearest authorized dealer for Autocar parts. The Autocar
WX64 chassis makes up the majority of the City's IWM Division Fleet. Over the years we
have received timely service from Diversified. Their close location (Mira Loma) has
translated to faster repairs on our IWM vehicles. Therefore, we hope to continue working
with them by increasing the purchase order amount and allowing extensions so long as they
continue to respond in a timely manner to our needs.
Financial Impact:
A budget amendment of $10,100 increasing Fleet's materials & supplies account (635-341-
5111) is requested. Because the Fleet Fund operates as an "intemal 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 IWM Division
budget as discussed in this staff report to reflect the additional $10,100 in Materials &
Supplies 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
3 INCREASE TO AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO DIVERSIFIED TRUCK CENTER FOR SPECIFIC
4 AUTOCAR CHASSIS TRUCK PARTS TO BE UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT, FLEET DIVISION.
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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
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9 authorized to execute on behalf of said City an Agreement between the City of San
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Bernardino and Diversified Truck 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
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Code "Purchases approved by the Mayor and Common Council".
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SECTION 3. That Diversified Truck Center provides specific Autocar chassis
truck parts to be utilized by the Public Services Department Fleet Division. Pursuant to
this determination, the Purchasing Manager is hereby authorized to issue an increase
19 of $10,100 to the annual purchase order, for a total amount not to exceed $35,000
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beginning in Fiscal Year 2007/2008.
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
and shall read, "Diversified Truck Center for specific Autocar chassis truck parts, P.O.
24 not to exceed $35,000.00" and shall incorporate the terms and conditions of the
25 Agreement.
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March 26. 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO DIVERSIFIED TRUCK CENTER FOR SPECIFIC
3 AUTOCAR CHASSIS TRUCK PARTS TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, FLEET DIVISION.
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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
7 this resolution.
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III
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III
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III
March 26. 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO DIVERSIFIED TRUCK CENTER FOR SPECIFIC
3 AUTOCAR CHASSIS TRUCK PARTS TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT, FLEET DIVISION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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6 Mayor and Common Council of the City of San Bemardino at a
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, 2008, by the
meeting thereof, held on the
day of
following vote, to wit:
9 Council Members:
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AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
,2008.
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Patrick J. Morris, Mayor
City of San Bernardino
es F. Penman
ity Attorney
March 26, 2008
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April 2008, by and
between Diversified Truck 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 specific Autocar chassis truck parts to be
utilized by the Public Services Department, Fleet Division;
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 specific Autocar chassis truck parts.
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 $35,000.00 for specific Autocar chassis
truck parts.
b. No other expenditures made by VENDOR shaH be reimbursed by CITY.
TERM.
The term of this Agreement shall be for a period of fifteen months (15), with two (2)
one-year extensions at the City's option. Option year one, if exercised, shaH be effective July
1,2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1,2010
through June 30, 2011. Actual option year pricing shall be negotiated with VENDOR prior to.
exercising any given option 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.
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4 4. INDEMNITY.
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations
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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 anellor liability resulting from
12 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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obligations under the agreement.
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19 5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
24 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
25 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
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CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages anellor liability resulting from
In the event thll 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
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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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, ~xual 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
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.
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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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7 TO THE VENDOR:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
Diversified Truck Center
3777 Deforest Circle
Mira Loma, CA 91752
Telephone: (951) 685-3456
Attn: Mark Drinkwater
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
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
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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
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and shall constitute a breach of this Agreement and cause for the termination of this
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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
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3 12. VENUE.
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
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hereunder for the term of this Agreement.
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,
This Agreement shall be governed by the laws of the State of California.
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.
The subject headings of the sections of this Agreement are included for the purposes of
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VENDOR SERVICE AGREEMENT
DIVERSIFIED TRUCK CENTER
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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and date set forth below.
,2008
VENDOR
By:
Its:
,2008
CITY OF SAN BERNARDINO
Dated
By:
Fred Wilson, City Manager
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