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HomeMy WebLinkAbout25-Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: 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 in the amount of $29,100 to All American Truck & Auto Body in order to repair refuse unit 191. Dept: Public Services Date: January 6, 2009 Meeting Date: January 20, 2009 Synopsis of Previous Council Action: Recommended Motion: Authorize the Director of Finance to amend the FY 2008-09 Adopted Budget and transfer $29,100 from Account No. 527-412-5179 (DumplWaste Fees) to Account No. 527-413-5172 (Equipment Maintenance). Signature Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1" FUNDING REQUIREMENTS: Phone: 5140 All Ward: Source: $29,100 IWM Fund FY 08-09 527-413-5172 (Equipment Maintenance) Amount: &0 Finance: Council Notes: 2009- cP Agenda Item No. Z!; ,.. 2,f).01 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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 in the amount of $29,100 to All American Truck & Auto Body in order to repair refuse unit 191. Background: The Public Services Department, Integrated Waste Management Division utilizes front load collection vehicles primarily for the collection of commercial containers, also known as dumpsters. Front load collection vehicle (unit 191) was involved in an accident and sustained damage to several body components, the fuel tank and the front and rear suspension. Staff requested quotes for the repair of unit 191 from four (4) vendors. Only two (2) vendors submitted quotes (Attachment "1 "). The vendor, business location, and price quote are listed below. Vendor Location All American Truck & Auto Body Fontana, CA Empire Truck Bloomington, CA McCray San Bernardino, CA HREM Colton, CA Quote $29,075 $46,181.29 Non-Responsive Non-Responsive Both McCray and HREM declined to submit a quote because they were unable to complete the work. Staff recommends that All American Truck & Auto Body be issued a Purchase Order in the amount of $29,100 to repair unit 191. The damage to unit 191 was the result of a collision. Collision claims have a $25,000 deductible. Risk Management has signed the Proof of Loss form and has mailed it to the insurance adjuster who will reimburse the City $4,075. The $25,000 balance to complete repairs will come from savings in the IWM operational budget. Financial Impact: Staff has identified savings in Account No. 527-412-5179 (DumplWaste Fees) in the amount of $29,100 for the repairs. Recommendation: Authorize the Director of Finance to amend the FY 2008-09 Adopted Budget and transfer $29,100 from Account No. 527-412-5179 (DumplWaste Fees) to Account No. 527-413-5172 (Equipment Maintenance). 1 RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 IN THE AMOUNT OF $29,100 TO ALL AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 191. WHEREAS, All American Truck & Auto Body submitted the lowest quote for the repairs of refuse unit 191. 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 All American Truck & Auto Body, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully 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 16 Code "Purchases approved by the Mayor and Common Council". 17 SECTION 3. That pursuant to this determination the Director of Finance or her 18 19 designee is hereby authorized to issue a Purchase Order to All American Truck & Auto 20 Body in the amount of $29,100. 21 SECTION 4. The Purchase Order shall reference this Resolution No. 22 and shall read, "All American Truck & Auto Body in order to repair refuse 23 unit 191 in the amount of $29,100" and shall incorporate the terms and conditions of 24 25 26 27 28 the agreement. SECTION 5. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. /- ().V~ O'l :::\:1 d- 5 1 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 IN THE AMOUNT OF $29,100 TO ALL AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 191. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to Form: 25 By: . fC/Vvv~ )ames F. Penman 26 ity Attorney 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a , 2009, by the day of meeting thereof, held on the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2009. day of Patrick J. Morris, Mayor City of San Bernardino 2 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of January 2009, by and between All American Truck & Auto Body ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest of the CITY to contract for the repairs of refuse unit 191; and WHEREAS, the City of San Bernardino has detern1ined that vendor possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in its quote dated December 3, 2008, attached hereto, marked Attaclunent "1" and incorporated herein by this reference as fully as though set forth at length. 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 $29,100 to provide and perform those products and services described in Section 1 above. 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 (1) year. 1 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 This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omIssIons. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 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 2 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 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. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of 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, 3 1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2 to practice its business or profession. 3 4 5 6 7 8 9 10 11 12 13 10. 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 TO THE VENDOR: All American Truck & Auto Body 10429 Sultana Ave. Fontana, CA 92337 Telephone: (909) 598-2706 Contact: Mike Kennedy ATTORNEYS' FEES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4 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 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 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 the 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 convemence 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 5 1 2 3 4 5 6 7 8 VENDOR SERVICE AGREEMENT ALL AMERICAN TRUCK & AUTO BODY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2009 VENDOR By: Its: 9 Dated ,2009 CITY OF SAN BERNARDINO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: City Manager Approved as to Form: By: .L Jam s F. Penman, City Attorney l/ 6 ATTACHMENT "1" ~'''''''J'''' ;:...--. ...,. . .~ ~ tlr -lie '1 *- r ~ "... --.. Estimate I W1:008 r~' I Name I Ac1dre6s ~ orSlm gem""Hno 182 S. Si....... Way Son Bcmmdino, CA. 92408 Prtljecl Descrl~ Qly CollI T""" Rcprding Front End Loedor * 191. Compaction Body: o Rem.... tI1e .- pivot pin tTom the body and lbe service lift c:y\lDdc:r pins as wel~ - Ccn1<r tbe body on tI1e _ bacIc '" it!; oritIinal positi"". Replace tbe plus _ to tI1e Jill cyIindoIs and ..... phut. - Rem_ the domagcd body _..1 posts tTom the unit. Glind, ....d and weld all new post _Ii: to the anit. - Remove the """'" body sIdrts.. well tTom between the__ Grind,....d and weld ..... slclrts m the body. - RcmcM: the fiond"", tom the body IS wcII. Lightly_d the bracI<et fiom all..... and debriL InsllII1 the """,li:ndcrs c:ompJet<" - Rcmo-.. tile body I'OOf = 1nddor. Grind. sand 1hc ladder leg pacb. bmloIl a..".. Jodder....,Jding "'"""~ - Leason lite ann ~"'" .m.ft buohitlg pillow b1GCks. Shift the....... ......:ttom Icft '" riaht and ....... OIl __ fifth. ann ftIlIbe<........ o ~the _ _....i.~ CI1by....... RcpIocc ond or SlIaighten the walls (wingo) wcJdlng complde. . If. ~"plcooslm: ~-1W! Total Customer signBture Page 1 P.O. Box 3997 . Fontana. CA 92334 . (gGlg) 428-3410 . (909) 428-3411 . FAX (909) 428-8132