HomeMy WebLinkAbout18-Public Works ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Works—Operations & Bernardino authorizing the execution of an
Maintenance Agreement and issuance of a Purchase Order
in the amount of $34,306.63 to Generator
Date: August 24, 2011 Services Company, Inc for repairs to the
emergency generator at the Police
Department headquarters.
Meeting Date: September 19, 2011
Synopsis of Previous Council Action
Recommended Motion:
Adopt Resolution.
Signat re
Contact person: Tony Frossard, Operations & Phone: 5020
Maintenance Manager
Supporting data attached:
Staff Report, Resolution, Agreement
Attachment 1. Ward: All
FUNDING REQUIREMENTS:
Amount: $34,306.63
Source: FY 2011-12
001-210-5505-0000-0049
(Other Professional
Services)
Finance:
Council Notes: 6 o2f�ll-02
Agenda Item No. --
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 on an agreement and issuance of a Purchase Order in the amount of $34,306.63 to
Generator Services Company, Inc., for repairs to the emergency generator at the Police Department.
BACKGROUND:
The Police Department headquarters, located at 710 North"D" Street, is operational 24 hours a day,
seven days a week, and houses the emergency services 911 operators and the Emergency
Operations Center (EOC). This building is supported by an emergency generator with the capacity
to run the entire building, including emergency communications services and the air conditioners.
The Police Department reported power fluctuations during a recent 10-hour Southern California
Edison power outage. Public Works staff contacted Generator Services Company, Inc., to service
the generator. Generator Services changed the oil and ran tests on the machine. While testing, it
became apparent that the temperature of the diesel engine and rotor stator were above the normal
running temperature. The overheating eventually shut down the generator. A trailer-mounted
generator was subsequently rented from Generator Services to supply emergency power for the
Police Department headquarters at a cost of approximately $6,000 per month, paid for by Police
Department Account Number 001-210-5505-0000-0049.
Generator Services Company, Inc. provided an estimate of$34,306.63 (See Attachment 1) for the
repair of both the diesel engine and the rotor stator. The repairs will be completed within five
weeks.
Generator Services Company, Inc., has provided the City of San Bernardino with emergency
generator services in the past and has proven to be reliable. Public Works recommends that the
Mayor and Common Council authorize the execution of an agreement and issuance of a Purchase
Order in the amount of $34,306.63 to Generator Services Company, Inc., for repairs to the
emergency generator at the Police Department.
The City Manager recommends approval of this sole source Purchase Agreement, pursuant to Municipal Code
Title No. 3.04.010(B)(3).
FINANCIAL IMPACT:
Funds for this purchase order of$34,306.63 are appropriated in the Police Department, FY 2011-12
budget account for Other Professional Services (No. 001-210-5505-0000-0049).
Account Number: 001-210-5505-0000-0049 Budgeted Amount: $214,800
Balance as of August 18, 2011: $201,384 Balance after approval of this item: $ 167,077.37
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred but not yet processed.
RECOMMENDATION:
Adopt Resolution.
1
Attachment "I"
GENERATOR SERVICES CO., INC. Estimate
10755 PIUADEL.PHIA COURT
RANCHO CUCAMONGA, CA 91730 DATE ESTIMATE NO.
(909) 949-1600/949-1999 FAX 6/2712011 4134
NAME/ADDRESS Ship To
City of San Bernardino Police[IQ
300 North 1)Street
San Bernardino,CA 92418
909-384-5244/384-721.1 Fax
TERMS REP FOB PROJECT
Net 30 SEL
DESCRIPTION QTY COST TOTAL
TRAVEL.AND LABOR I101JRS TO-PREP GENERATOR 70 103,00 7,350.00
ENCLOSURE.RADIATOR AND AC ALTERNATOR TO BE
REMOVED REIMOVI ENCLOSURE AND SET IT ASIDE.
REMOVE RADIATOR AND ALTERNATOR AND SIT IT ON
TRUCK.LIFT ENCLOSURE BACK UP AND PUT BACK ON
SKID?.RI"rURN V I'm REPAIRED PARTS AND R1;INSTALL.
REPAIRED ROTOR SrA'1'OR 1 21,840.00 21,840.00
REPAIRED RADIATOR
1 2,340.00 2,340.00
COOLANT,HOSES AND CLAMPS 1 712:517 712.50T
CRANE FEES 2 600.00 1,200.00
LOAD TEST-4 1IOUR 1 800.00 800.00
Sales Tax-For Montclair,City of San Bernardino,Visalia,etc. 9.00% 64.13
TOTAL $34,3W63
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
4 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
5 GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
6
7 WHEREAS, Generator Services Company, Inc., provided an estimate for repair of the
8 emergency generator at the Police Department headquarters, has installed other emergency
9 generators for the City, and has provided reliable services;
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
11 CITY OF SAN BERNARDINO AS FOLLOWS:
12
13 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
14 execute on behalf of said City a Vendor Services Agreement between the City of San
15 Bernardino and Generator Services Company, Inc., a copy of which is attached hereto,
16 marked as Exhibit "A", and incorporated herein by this reference as fully as though set forth
17 at length.
18
SECTION 2. That pursuant to this determination, the Director of Finance or her
19
20 designee is hereby authorized to issue a purchase order to Generator Services Company, Inc.,
21 in the amount of$34,306.63.
22 SECTION 3. The Purchase Order shall reference this Resolution and shall read,
23 "Generator Services Company, Inc. for the repairs to the emergency generator at the Police
24
Department headquarters. The Purchase Order shall not exceed $34,306.63" and shall
25
26 incorporate the terms and conditions of the Agreement.
27
28 ///
IL i
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
3 GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
4 GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
5
SECTION 4. The authorization to execute the above referenced Purchase Order and
6
7 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
8 passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $34,306.63 TO
GENERATOR SERVICES COMPANY, INC FOR REPAIRS TO THE EMERGENCY
3 GENERATOR AT THE POLICE DEPARTMENT HEADQUARTERS.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof, held
6
7 on the day of , 2011, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
JENKINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
, 2011.
21
22 Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to Form:
24 1,
25 By'
lathes F. Penman, City Attorney
26
27
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 19th day of September 2011, by
3 and between Generator Services Company, Inc. ("VENDOR") and the City of San Bernardino
4 ("CITY"or"San Bernardino').
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for the repair of the emergency generator at the
9 Police Department headquarters; and
10 WHEREAS, Generator Services Company, Inc., provided an estimate for the repairs,
11
Estimate No. 4134 which is dated June 27, 2011, and is currently renting an emergency
12
13 generator to the CITY.
14 NOW, THEREFORE, the parties hereto agree as follows:
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, CITY hereby engages the services of VENDOR to
17 provide those products and services as set forth in Attachment "1" and incorporated herein by
18 this reference.
19
20 2. COMPENSATION AND EXPENSES.
21 a. For the services delineated in Section 1, the CITY, upon presentation of an
22 invoice, shall pay the VENDOR in an amount up to $34,306.63 for repairs to the
23 emergency generator at the Police Department headquarters.
24
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25
26 3. TERM; TERMINATION.
27 The term of this Agreement shall be from September 19, 2011,through June 30, 2012.
28 Exhibit"A"
1
1 This Agreement may be terminated at any time by thirty (30) days written notice by either
2 party. The terms of this Agreement shall remain in force unless amended by written
3 agreement of the parties executed on or before the date of expiration of current term of the
4 Agreement.
5
4. INDEMNITY.
6
7 Vendor agrees to and shall indemnify and hold the CITY, its elected officials, employees,
8 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
9 any kind and nature arising from bodily injury, including death, or property damage, based or
10 asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
11
subcontractors, relating to or in any way connected with the accomplishment of the work or
12
13 performance of service under this Agreement, unless the bodily injury or property damage
14 was actually caused by the sole negligence of the CITY, its elected officials, employees,
15 agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and
16 defend at its own expense, including attorney's fees the CITY, its elected officials, employees,
17 agents or representatives from any and all legal actions based upon such actual or alleged acts
18
or omissions. VENDOR hereby waives any and all rights to any types of express or implied
19
20 indemnity against the CITY, its elected officials, employees, agents or representatives, with
21 respect to third party claims against the VENDOR relating to or in any way connected with
22 the accomplishment of the work or performance of services under this Agreement.
23 5. INSURANCE.
24
While not restricting or limiting the foregoing, during the term of this Agreement,
25
26 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
27 liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory
28
Exhibit"A"
2
1 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
2 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
3 additional named insured in each policy of insurance provided hereunder. The Certificate of
4 Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior
5
to any change in or termination of the policy.
6
7 6. NON-DISCRIMINATION.
8 In the performance of this Agreement and in the selection, hiring and recruitment of
9 employees, VENDOR shall not engage in, nor permit its officers, employees or agents to
10
engage in, discrimination in employment of persons because of their race, religion, color,
11
12 national origin, ancestry, age, mental or physical disability, medical conditions, marital status,
13 sexual gender or sexual orientation, or any other status protected by law.
14 7. INDEPENDENT CONTRACTOR.
15
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
16
17 purposes VENDOR shall be an independent contractor and not an agent or employee of the
18 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
19 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
20 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
21
employees, and all business licenses and/or permits, if any are required, in connection with
22
23 the services to be performed hereunder.
24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
26
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
27
28 Exhibit"A"
3
%Sw 1 qualifications, insurance and approval of whatever nature that are legally required of
2 VENDOR to practice its business or profession.
3 NOTICES.
4
5 Any notices to be given pursuant to this Agreement shall be deposited with the United
6 States Postal Service, postage prepaid and addressed as follows:
7
TO THE CITY: Public Works Director
8 300 North"D" Street
San Bernardino, CA 92418
9 Telephone: (909) 384-5140
10 TO THE VENDOR: Generator Services Co., Inc.
11 10255 Philadelphia Court
Rancho Cucamonga, CA 91730
12 Telephone: (909) 949-1600
13 Contact: Steve Laidlaw
14 9. ATTORNEYS' FEES.
15 In the event that litigation is brought by any party in connection with this Agreement, the
16 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
17
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
18
19 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
20 provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
21 calculated based on market rate for comparable services.
22
23 10. ASSIGNMENT.
24 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
25 all or any part of the VENDOR's interest in this Agreement without CITY's prior written
26 consent. Any attempted assignment,transfer, subletting or encumbrance shall be void and
27 shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Z8 Exhibit"A"
4
1 Regardless of CITY'S consent, no subletting or assignment shall release VENDOR of
2 VENDOR's obligation to perform all other obligations to be performed by VENDOR
3 hereunder for the term of this Agreement.
4
11. VENUE.
5
6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be tried and litigated either in the State courts located in the County of San
8 Bernardino, State of California or the U.S. District Court for the Central District of California,
9 Riverside Division. The aforementioned choice of venue is intended by the parties to be
10
mandatory and not permissive in nature.
11
12 12. GOVERNING LAW.
13 ' This Agreement shall be governed by the laws of the State of California.
14
13. SUCCESSORS AND ASSIGNS.
15
16 This Agreement shall be binding on and inure to the benefit of the parties to this
17 Agreement and their respective heirs, representatives, successors, and assigns.
18 14. HEADINGS.
19 The subject headings of the sections of this Agreement are included for the purposes of
20
convenience only and shall not affect the construction or the interpretation of any of its
21
22 provisions.
23 15. SEVERABILITY.
24 If any provision of this Agreement is determined by a court of competent jurisdiction to be
25 invalid or unenforceable for any reason, such determination shall not affect the validity or
26
enforceability of the remaining terms and provisions hereof or of the offending provision in
27
28 Exhibit"A"
5
1 any other circumstance, and the remaining provisions of this Agreement shall remain in full
2 force and effect.
3 16. ENTIRE AGREEMENT; MODIFICATION.
4
This Agreement constitutes the entire agreement and the understanding between the
5
6 parties, and supercedes any prior agreements and understandings relating to the subject
7 manner of this Agreement. This Agreement may be modified or amended only by a written
8 instrument executed by all parties to this Agreement.
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit "A"
6
1 VENDOR SERVICE AGREEMENT
BETWEEN GENERATOR SERVICES COMPANY, INC. AND THE CITY OF SAN
2 BERNARDINO
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
5 date set forth below.
6
7 Dated: , 2011 GENERATOR SERVICES COMPANY, INC.
8 By:
Its:
9
10 Dated , 2011 CITY OF SAN BERNARDINO
11
By:
12 Charles E. McNeely, City Manager
Approved as to Form:
13 James F. Penman, City Attorney
14
15 By:
16
17
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19
20
21
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23
24
25
26
27
28 Exhibit"A"
7
Attachment "1"
GENERATOR SERVICES CO., INC. Estimate
10255 PHILADELPHIA COURT --
RANCHO CUCAMONGA, CA 91730 DATE ESTIMATE NO.
(909)949-1600/949-1999 FAX 6/27/2011 4134
NAME/ADDRESS Ship To
City of San Bernardino Police IIQ
300 North D Street
San Bernardino,CA 92418
909-384-5244/384-7211 Pax
TERMS REP FOB PROJECT
Net 30 SEL
DESCRIPTION QTY COST TOTAL
TRAVEL AND LABOR HOURS TO-PREP GENERATOR 70 105.00 7,350.00
ENCLOSURE;RADIATOR AND AC ALTERNATOR TO BE
REMOVED.REMOVE ENCLOSURE AND SET IT ASIDE:.
REMOVE RADIATOR AND ALTERNATOR AND SET IT ON
TRUCK.LIFT ENCLOSURE BACK UP AND PUT BACK ON
SKID.RETURN WITH REPAIRED PARTS AND REINSTALL.
REPAIRED ROTOR STATOR 1 21,84Q00 21,840.00
REPAIRED RADIATOR 1 2,3.10.00 2,340.00
COOLANT,HOSES AND CLAMPS 1 712.50 712.50T
CRANE I-EES 2 600.00 1,200.00
LOAD TEST-4 HOUR I 800.00 800.00
Sales Tax-For Montclair,City of San Bernardino,Visalia,etc. 9.00% 64.13
TOTAL $34306.63
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 19th day of September 2011, by
3 and between Generator Services Company, Inc. ("VENDOR") and the City of San Bernardino
4 ("CITY" or "San Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
I8 and in the best interest of the CITY to contract for the repair of the emergency generator at the
9 Police Department headquarters and
10 WHEREAS, Generator Services Company, Inc. provided an estimate for the repairs
I 11
and is currently renting an emergency generator to the CITY and,
12
13 NOW, THEREFORE, the parties hereto agree as follows:
�
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in Attachment "1" and
17 incorporated herein by this reference.
18
2. COMPENSATION AND EXPENSES.
19
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21 pay the VENDOR up to the amount of $34,306.63 for repairs to the emergency
22 generator at the Police Department headquarters.
23 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
24
3. TERM; TERMINATION.
25
26 The term of this Agreement shall be from September 19, 2011 through June 30, 2012.
27
28
1
1 This Agreement may be terminated at any time by thirty (30) days' written notice by either
2 party. The terms of this Agreement shall remain in force unless amended by written
3 agreement of the parties executed on or before the date of expiration of current term of the
4 Agreement.
5
4. INDEMNITY.
6
7 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
I
8 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
9 any kind and nature arising from bodily injury, including death, or property damage, based or
10 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
11
subcontractors, relating to or in any way connected with the accomplishment of the work or
12
13
performance of service under this Agreement, unless the bodily injury or property damage
' 14 was actually caused by the sole negligence of the City, its elected officials, employees, agents
15 or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at
16 its own expense, including attorney's fees the City, its elected officials, employees, agents or
17 representatives from any and all legal actions based upon such actual or alleged acts or
18
19 omissions. Vendor hereby waives any and all rights to any types of express or implied
20 indemnity against the City, its elected officials, employees, agents or representatives, with
21 respect to third party claims against the Vendor relating to or in any way connected with the
22 accomplishment of the work or performance of services under this Agreement.
23 5. INSURANCE.
24
While not restricting or limiting the foregoing, during the term of this Agreement,
25
26 VENDOR shall maintain in effect policies of comprehensive public, general and
27 automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and
28
2
1 statutory worker's compensation coverage, and shall file copies of said policies with the
2 CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall
3 be set forth as an additional named insured in each policy of insurance provided
4 hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to
5
notify CITY at least 30 days prior to any change in or termination of the policy.
6
7 6. NON-DISCRIMINATION.
8 In the performance of this Agreement and in the hiring and recruitment of employees,
9 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
10
discrimination in employment of persons because of their race, religion, color, national
11
12 origin, ancestry, age, mental or physical disability, medical conditions, marital status,
13 sexual gender or sexual orientation, or any other status protected by law.
14 7. INDEPENDENT CONTRACTOR.
15
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
16
17 purposes VENDOR shall be an independent contractor and not an agent or employee of
18 the CITY. VENDOR shall secure, at its expense, and be responsible for any and all
19 payment of Income Tax, Social Security, State Disability Insurance Compensation,
20 Unemployment Compensation, and other payroll deductions for VENDOR and its
21
officers, agents, and employees, and all business license, if any are required, in
22
23 connection with the services to be performed hereunder.
24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
26
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,permits,
27
28
3
® 1 qualifications, insurance and approval of whatever nature that are legally required of
2 VENDOR to practice its business or profession.
3 NOTICES.
4
5 Any notices to be given pursuant to this Agreement shall be deposited with the United
6 States Postal Service, postage prepaid and addressed as follows:
7
TO THE CITY: Public Works Director
8 300 North"D" Street
San Bernardino, CA 92418
9 Telephone: (909) 384-5140
10
TO THE VENDOR: Generator Services Co., Inc.
11 10255 Philadelphia Court
Rancho Cucamonga, CA 91730
12 Telephone: (909) 949-1600
13 Contact: Steve Laidlaw
14 9. ATTORNEYS' FEES.
15 In the event that litigation is brought by any party in connection with this Agreement, the
16 prevailing party shall be entitled to recover from the opposing party all costs and
17
18 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
19 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
20 conditions or provisions hereof. Attorney's fees for the City Attorney and members of his
21 office shall be calculated based on market rate for comparable services.
22
10. ASSIGNMENT.
23
24 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
25 all or any part of the VENDOR's interest in this Agreement without CITY's prior written
26 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
27 and shall constitute a breach of this Agreement and cause for the termination of this
28
4
1 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release
2 VENDOR of VENDOR's obligation to perform all other obligations to be performed by
3 VENDOR hereunder for the term of this Agreement.
4
11. VENUE.
5
6 The parties hereto agree that all actions or proceedings arising in connection with this
7 Agreement shall be tried and litigated either in the State courts located in the County of
8 San Bernardino, State of California or the U.S. District Court for the Central District of
9 California, Riverside Division. The aforementioned choice of venue is intended by the
10
parties to be mandatory and not permissive in nature.
11
12 12. GOVERNING LAW.
13 This Agreement shall be governed by the laws of the State of California.
14
13. SUCCESSORS AND ASSIGNS.
15
16 This Agreement shall be binding on and inure to the benefit of the parties to this
17 Agreement and their respective heirs, representatives, successors, and assigns.
18 14. HEADINGS.
19 The subject headings of the sections of this Agreement are included for the purposes of
20
convenience only and shall not affect the construction or the interpretation of any of its
21
22 provisions.
23 15. SEVERABILITY.
24 If any provision of this Agreement is determined by a court of competent jurisdiction to be
25 invalid or unenforceable for any reason, such determination shall not affect the validity or
26
enforceability of the remaining terms and provisions hereof or of the offending provision
27
28
5
1 in any other circumstance, and the remaining provisions of this Agreement shall remain in
2 full force and effect.
3
4 16. ENTIRE AGREEMENT; MODIFICATION.
5 This Agreement constitutes the entire agreement and the understanding between the
6 parties, and supercedes any prior agreements and understandings relating to the subject
7
8 manner of this Agreement. This Agreement may be modified or amended only by a
9 written instrument executed by all parties to this Agreement.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
1 VENDOR SERVICE AGREEMENT
BETWEEN GENERATOR SERVICES COMPANY, INC. AND THE CITY OF SAN
2 BERNARDINO
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
5 date set forth below.
6
7 Dated: , 2011 GENERATOR SERVICES COMPANY, INC.
8 By:
Its:
9
10 Dated , 2011 CITY OF SAN BERNARDINO
11 By.
12 Charles E. McNeely, City Manager
Approved as to Form:
13 James F. Penman, City Attorney
14
B � .
y. ,, -�
16
17
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25
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7
ATTACHMENT 1
GENERATOR SERVICES CO., INC. Estimate
10255 PHILADELPHIA COURT
RANCHO CUCAMONGA, CA 91730 DATE ESTIMATE NO.
(909) 949-1600/949-1999 FAX 6/27/2011 4134
NAME/ADDRESS Ship To
City of San Bernardino Police[-IQ
300 North D Street
San Bernardino,CA 92418
909-384-5244/384-7211 Fax
TERMS REP FOB PROJECT
Net 30 SEL
DESCRIPTION QTY COST TOTAL
TRAWL AND LABOR HOURS TO-PREP GENERATOR 70 105.00 7,350.00
ENCLOSURE RADIATOR AND AC AI:fERNATOR TO BE
REMOVED.REMOVE ENCLOSURE AND SE.TITASIDE.
REMOVE RADIATOR AND ALTERNATOR AND SET 1T ON
TRUCK.LIFT ENCLOSURE BACK UP AND PUT BACK ON
SKID.RI*fURN WITH REPAIRED PARTS AND REINSTALL.
REPAIRED ROTOR STATOR 1 21,840.00 21,840.00
REPAIRED RADIATOR 1 2,340.00 2,340.00
COOLANT,HOSES AND CLAMPS 1 712.50 712.50T
CRANE FEES 2 600.00 1,200.00
LOAD TEST-4 HOUR 1 800.00 800.00
Sales Tax-For Montclair,City of San Bernardino,Visalia,etc. 9.00% 64.13
TOTAL $34,306.63
CITY OF SAN BERNARDINO Nadeem Majaj P.E.—DIRECTOR
PUBLIC WORKS DEPARTMENT 300 North "D"Street
San Bernardino, CA 92418-0001
909.384.5140
San Bernar Ino
DATE: September 15, 2011
TO: Charles McNeely, City Manager
FROM: Nadeem Majaj, Director of Public Works
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to
Section 3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code
(Purchases approved by the Mayor and Common Council and emergency
purchases approved by the City Manager). DDL Number 82.
The selection of Generator Services Company for the repair of the emergency generator
at the Police Department's headquarters is based upon the following..
1. Generator Services Company competed for and was the low-bidder for the
replacement and installation of City Hall's emergency generator. This installation
progressed efficiently without any interruption to operations within the building.
Since, this company has provided outstanding support for its product.
2. This firm has been prompt and very responsive to the City when the Police
Department's emergency,generator recently malfunctioned. They responded
within hours to this emergency and also provided a temporary emergency
generator.
3. Public Works was able to identify another generator services company, which
would likely be able to address repairs to generators of this large magnitude.
However, their evaluation would be based upon an initial fee of $630 to assess
the malfunction. Generator Services Company did not require such an
assessment fee.
A Request for Council Action entitled, "Request 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$34,306.63 to Generator Services Company, Inc. for
the repairs to the emergency generator at the Police Department headquarters" is
scheduled for Council's evaluation and approval on September 19, 2011.
Thank you for considering our recommendations for this service and we would
appreciate your signature below, indicating your concurrence. Should you have any
questions, please contact me at 384-5140 or Tony Frossard at 384-1043.
Nadeem Majaj
Approved By
Charl s McNeeley, City ana �(l