HomeMy WebLinkAbout2018-05-23 e-packet@6:01Wednesday, May 23, 2018
6:01 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
May 23, 2018Special City Council Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday,
May 23, 2018, at 6:01 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive,
South San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
Public Comments - comments are limited to items on the Special Meeting Agenda.
ITEMS FOR CONSIDERATION
Report regarding a resolution approving the purchase of two type one fire engines in
the amount of $1,393,163; authorizing the City Manager to enter into a purchase
agreement with Hi-Tech Emergency Vehicle Service, Inc., for the construction and
purchase of two fire engines; approving the purchase of tools and equipment related to
this apparatus purchase in the amount of $56,837; and approving budget amendment
18.028 in the amount of $250,000 to appropriate funds from the Developer
Contribution Fund towards the total purchase amount. (Bryan Saenz, Battalion Chief)
1.
Resolution approving the purchase of two type one fire engines in the amount of
$1,393,163; authorizing the City Manager to enter into a purchase agreement with
Hi-Tech Emergency Vehicle Service, Inc., for the construction and purchase of two
fire engines; approving the purchase of tools and equipment related to this apparatus
purchase in the amount of $56,837; and approving budget amendment 18.028 in the
amount of $250,000 to appropriate funds from the Developer Contribution Fund
towards the total purchase amount.
1a.
Adjournment.
Page 2 City of South San Francisco Printed on 8/31/2018
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-398 Agenda Date:5/23/2018
Version:1 Item #:1.
Report regarding a resolution approving the purchase of two type one fire engines in the amount of $1,393,163;
authorizing the City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle Service,
Inc.,for the construction and purchase of two fire engines;approving the purchase of tools and equipment
related to this apparatus purchase in the amount of $56,837;and approving budget amendment 18.028 in the
amount of $250,000 to appropriate funds from the Developer Contribution Fund towards the total purchase
amount.(Bryan Saenz, Battalion Chief)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the purchase of two type one fire
engines in the amount of $1,393,163;authorizing the City Manager to enter into a purchase agreement
with Hi-Tech Emergency Vehicle Service,Inc.(Hi-Tech)for the construction and purchase of two fire
engines;approving the purchase of tools and equipment related to this apparatus purchase in an amount
of $56,837;and approving budget amendment 18.028 in the amount of $250,000 to appropriate funds
from the Developer Contribution Fund towards the total purchase amount.
BACKGROUND/DISCUSSION
The Fire Department recommends the purchase of two Hi-Tech Spartan Gladiator Medium Four Door (MFD)
type one fire engines.This request includes encumbered funds carried over from the Fiscal Year (FY)2016-17
Equipment Replacement budget along with funds from the FY 2017-18 Equipment Replacement budget,one
fire engine per budget year.By purchasing the engines simultaneously,the department will replace two engines
that have exceeded their replacement schedule timeline,realize a decrease in staff time needed to manage the
project,and create two identical vehicles,reducing orientation time and increasing operational efficiency for
fire staff and fleet maintenance personnel.
The South San Francisco Fire Department (SSFFD)provides fire suppression,emergency medical care,
hazardous materials response,and rescue response through an all risk hazards response model from its five fire
stations.Exclusive of transport ambulances and specialized equipment,this is accomplished using four front-
line fire engines and a quint apparatus.Additionally,two reserve fire engines and a reserve quint are maintained
to provide for continuity of service when a front-line unit is placed out of service for maintenance or repair
work.Reserve fire engines are also used for service in high-call volume periods and large-scale incidents
requiring increased capacity.Examples of these types of events include:San Bruno Pipeline Explosion,severe
weather events, and other human caused or natural disasters.
To preserve service life,while providing for safety and reducing maintenance costs,the SSFFD,Public Works
Department,and Finance Department have created a replacement schedule,which places a fire engine into
frontline service for 12 years,followed by three years in reserve status.This practice is in alignment with the
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File #:18-398 Agenda Date:5/23/2018
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frontline service for 12 years,followed by three years in reserve status.This practice is in alignment with the
National Fire Protection Association (NFPA)1911 “Standards for the Inspection,Maintenance,Testing and
Retirement of In-Service Automotive Apparatus”.This document provides guidance and recommendations for
apparatus replacement based on factors including age, usage, mileage, condition, and servicing costs.
Through the vehicle replacement schedule and NFPA 1911 recommendations,SSFFD has identified two
reserve fire apparatus that are due for replacement.They are fire engines 503 and 512,which are 18 and 16
years old,respectively.Considering the construction timeline of a new fire engine,they would continue to
provide between 12 and 18 more months of service as reserve apparatus.Fire staff recognizes that this
timeframe exceeds our department’s identified replacement schedule;however,based on the performance of
both apparatus and efforts by fleet maintenance personnel, we were able to extend their operational life.
Since the original purchase of fire engines 503 and 512,advancements in industry safety standards now require
fire apparatus to include technologies that drastically improve the safety of the vehicle’s passengers,the
operators,and public.The department’s oldest fire apparatus are not equipped with currently mandated seatbelt
warning sensors do not meet cab integrity standards for collisions or rollovers,nor do they meet current federal
diesel emissions standards.Additionally,all newly manufactured fire apparatus are required to have vehicle
data recorders, stability control systems, and are outfitted with anti-locking brake systems.
Fire engines 503 and 512 have experienced increased call volume over the course of their service life.Their
general condition has now deteriorated,resulting in a consistent increase in maintenance costs.This
deterioration and cost increase is expected based on the vehicles’age and use.Both vehicles have engine
mileage and fire pump use hours expected for a SSFFD fire apparatus with similar service timeframes.With the
earliest potential replacement date 12 to 18 months away,it is prudent to begin the construction of these new
engines to maintain future operational readiness.
Fire staff established factors important to selecting the proper fire engine for the department, which included:
1.Operational Capability;
2.Power and Maneuverability;
3.Compatibility with Federal Emissions Standards;
4.Familiarity for South San Francisco Mechanics;
5.Customization potential to meet our equipment and gear storage needs;
6.Cost;
7.Limited need for in-service training; and
8.Warranty Service and proximity to warranty service center.
The South San Francisco Fire Department evaluated three manufacturers of type one fire engines as part of its
selection process to replace two aging engines.These manufacturers included:Hi-Tech Emergency Vehicle
Services,Inc (Hi-Tech),Pierce Manufacturing,Inc (Pierce),and Rosenbauer Motors,LLC (Rosenbauer).The
Hi-Tech engine scored the highest as it provides the greatest operational benefit to our department at the lowest
cost.Based on the above selection criteria,the SSFFD recommends the contract be awarded to Hi-Tech.Please
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cost.Based on the above selection criteria,the SSFFD recommends the contract be awarded to Hi-Tech.Please
see Attachment 1 for detail.
The SSFFD has used Hi-Tech for its last six type one fire engine purchases.The engines have all been Spartan
Gladiator MFDs.These apparatus have proven to be reliable platforms and have met the needs of the
department with minimal issues.With little changes,to accommodate new equipment and gear requirements,
continuing with SSFFD current configuration will allow us to maintain its current level of service while
supporting new technologies.The engines will be configured as close as possible to the current fleet,decreasing
the “in-service”training time necessary to familiarize members with the new apparatus.South San Francisco
Fleet Maintenance personnel are familiar with this apparatus type and will require minimal orientation or new
equipment to service the vehicles.
Hi-Tech’s proposal also allowed SSFFD to take advantage of pricing that was negotiated with the City of San
Jose Fire Department.This purchase aligns with City of South San Francisco Municipal Code 4.04.040(b),
Agreements with other governmental agencies,“allowing city purchases to be made by taking advantage of
valid contract terms that have been negotiated by another governmental agency,if that agency had used a quote
or bid process that substantially conforms with the procedures established by state law”and the City municipal
code for purchasing.
FISCAL IMPACT
With the adoption of the FY 2016-17 Operating Budget,City Council approved the purchase of a fire engine
and equipment in the amount of $700,000.This purchase was delayed and the encumbered funds were rolled
over to the FY 2017-18 Operating Budget.With the adoption of the FY 2017-19 Biennial Operating Budget,
City Council approved the purchase of an additional fire engine and equipment in the amount of $700,000.The
engine costs are based on a bid specification that substantially conforms to procedures established by state law
and our City’s municipal code.Costs have increased and the total price for two engines ($1,393,163),with
related equipment ($56,837), is now $1,450,000.
In FY 2018,the developer for the Genesis project deposited,into the Developer Contribution Account,funds
that met their Development Agreement obligations.In order to offset the lease amount,staff is requesting
approval of budget amendment 18.028 in the amount of $250,000 to reduce the City’s lease liability and
provide equipment funding for each engine.This action will be used as a down payment to reduce the lease
amount by $100,000 per engine and allow these previously allocated dollars to be returned to the Equipment
Replacement Fund.The remaining $50,000 ($25,000 per fire engine)will be used for tools and equipment
needed to outfit the fire engines prior to putting them into service.The cost of this proposed purchase
agreement with Hi-Tech Emergency Vehicle Service,Inc.would be in the amount of $1,393,163.The
remaining $56,837 will be the funds used to equip both fire engines.The requested budget amendment will
appropriate $250,000 from the Genesis North Tower Developer Contribution Reserve that is accounted for in
the Developer Contribution Fund towards the purchase of the engines and will not impact the General Fund.
CONCLUSION
Fire staff recommends that City Council adopt a resolution approving the purchase of two type one fire engines
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File #:18-398 Agenda Date:5/23/2018
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Fire staff recommends that City Council adopt a resolution approving the purchase of two type one fire engines
in the amount of $1,393,163 and the purchase of tools and equipment related to this apparatus purchase in the
amount of $56,837;authorizing the City Manager to enter into a purchase agreement with Hi-Tech Emergency
Vehicle Service,Inc.for the construction and purchase of two fire engines;authorizing the City Manager to
execute a purchase agreement for related equipment;and approving budget amendment 18.028 in the amount of
$250,000 to appropriate funds from the Developer Contribution Fund towards the total purchase amount.By
authorizing the purchase of these engines and equipment,staff will be able to support the safety of fire
personnel,enhance operational capability,reduce maintenance costs,comply with Federal emission standards,
increase technological capability and allow the SSFFD to continue to provide safe and effective emergency
service to the South San Francisco community.
Attachment:
1.Selection Matrix
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Attachment 1
South San Francisco Fire Department
Fire Engine Evaluation for Selection - Results
Summary: The South San Francisco Fire Department evaluated three manufacturers of
type one fire engines as part of its selection process to replace two aging engines. These
manufacturers included: Hi-Tech Emergency Vehicle Services, Inc (Hi-Tech), Pierce
Manufacturing, Inc (Pierce), and Rosenbauer Motors, LLC (Rosenbauer). The Hi-Tech
engine scored the highest as it provides the greatest operational benefit to our department
at the lowest cost.
Hi-
Tech
Pierce Rosenbauer
Operational capability X X X
Power and maneuverability X X X
Compatibility with Federal
emissions standards X X X
Familiarity for South San
Francisco Mechanics X
Customization potential to
meet our equipment and gear
storage needs
X X X
Cost X
Limited need for in-service
training X
Warranty service and
proximity to warranty service
center
X X
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-399 Agenda Date:5/23/2018
Version:1 Item #:1a.
Resolution approving the purchase of two type one fire engines in the amount of $1,393,163;authorizing the
City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle Service,Inc.,for the
construction and purchase of two fire engines;approving the purchase of tools and equipment related to this
apparatus purchase in the amount of $56,837;and approving budget amendment 18.028 in the amount of
$250,000 to appropriate funds from the Developer Contribution Fund towards the total purchase amount.
WHEREAS,The South San Francisco Fire Department (SSFFD)recommends the purchase of two Hi-Tech
Emergency Vehicle Service,Inc.(Hi-Tech),Spartan Gladiator Medium Four Door (MFD)type one fire engines
that have exceeded their scheduled replacement timeline; and
WHEREAS,Through the vehicle replacement schedule and NFPA 1911 recommendations,fire engines 503 and
512, which are 18 and 16 years old respectively have been identified for replacement; and
WHEREAS,Fire engines 503 and 512 have experienced increased call volume over the course of their service
life and their general condition has now deteriorated resulting in a consistent increase in maintenance costs; and
WHEREAS,Fire staff established factors important to selecting the proper fire engine for the department,
which included;Operational Capability,Power and Maneuverability,Compatibility with Federal Emissions
Standards,Familiarity for South San Francisco Mechanics,Customization potential to meet our equipment and
gear storage needs,Cost,Limited need for in-service training and Warranty Service and proximity to warranty
service center; and
WHEREAS,Fire Department evaluated three manufacturers of type one fire engines as part of its selection
process to replace two aging engines;
WHEREAS,the engine from Hi-Tech Emergency Vehicle Service scored the highest as it provides the greatest
operational benefit to the Fire Department at the lowest cost,and Hi-Tech’s proposal also allows the Fire
Department to take advantage of pricing that was negotiated with the City of San Jose Fire Department;
WHEREAS,this purchase aligns with City of South San Francisco Municipal Code 4.04.040(b),Agreements
with other governmental agencies;“allowing city purchases to be made by taking advantage of valid contract
terms that have been negotiated by another governmental agency,if that agency had used a quote or bid process
that substantially conforms with the procedures established by state law”and the City municipal code for
purchasing; and
WHEREAS,with the adoption of the FY 2016-17 Operating Budget,City Council approved the purchase of a
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File #:18-399 Agenda Date:5/23/2018
Version:1 Item #:1a.
WHEREAS,with the adoption of the FY 2016-17 Operating Budget,City Council approved the purchase of a
fire engine and equipment in the amount of $700,000 which were encumbered and carried over into FY 2017-
18 Operating Budget;with the adoption of the FY 2017-19 Biennial Operating Budget,City Council approved
the purchase of an additional fire engine and equipment in the amount of $700,000; and
WHEREAS,Staff is requesting approval of budget amendment 18.028 in the amount of $250,000 to reduce the
City’s lease liability and provide equipment funding for each engine;The requested budget amendment will
appropriate $250,000 from the Genesis North Tower Developer Contribution Reserve that is accounted in the
Developer Contribution Fund towards the purchase of the engines and will not impact the General Fund, and
WHEREAS,$100,000 will be used toward the purchase price of each fire engine to reduce the lease amount
and $25,000 per fire engine for tools and equipment.
NOW,THEREFORE,BE IT RESOLVED the City Council of the City of South San Francisco does hereby take
the following actions:
1.Approves the purchase of two type one fire engines in the amount of $1,393,163 and related equipment
in the amount of $56,837.
2.Authorizes the City Manager to enter into a purchase agreement with Hi-Tech Emergency Vehicle
Service, Inc. for the construction and purchase of two fire engines, attached hereto as Exhibit A.
3.Authorizes the City Manager to execute a purchase agreement for related equipment.
4.Approves budget amendment 18.028 in the amount of $250,000 to be used from the Developer
Contribution Fund towards the total purchase amount.
5.Authorizes the City Manager to take any other action consistent with carrying out the intent of this
resolution.
*****
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[Rev:11/14/2016]
PURCHASE AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND HI-TECH, EMERGENCY VEHICLE SERVICE, INC.
These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related
installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase
Agreement”) by Hi-Tech Emergency Vehicle Service, Inc. (“Vendor”) for the City of South San Francisco
(“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the
Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an
agent of the Vendor, and is hereby included by reference as “the Vendor.”
1. Time of Performance. This Purchase Agreement shall commence effective May 23, 2018, and shall end
when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and
in Exhibit A (“Products” and/or “Services”). The equipment and products listed in Exhibit A must be
delivered within 390 days of the receipt of the purchase order. The installation and other services set forth in
Exhibit A must be completed within 390 days of the receipt of the purchase order. In the event that any of
the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall
prevail.
2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and
furnish to City with two Spartan Gladiator Medium Four Door Type One Fire Engines and shall complete
delivery F.O.B. to the City of South San Francisco on or before 390 days from the date of this Purchase
Agreement in strict accordance with the specifications as established by this Purchase Agreement and
Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. A fee of
$200.00 per day, per engine, past this delivery timeline shall be paid by the vendor to the city if the vehicles
are not delivered, in acceptable condition, to the City of South San Francisco.
3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not
to exceed amount. The total compensation for Products and/or Services performed under this Purchase
Agreement is not to exceed one million four hundred fifty thousand dollars ($1,393,163.00).
The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this
Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or
Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of
Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products
and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment.
In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase
Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms
and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100%) of
City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements.
4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the
delivery of the Products and/or Services listed herein.
5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as
described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications
contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable
quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C)
Vendor has good title to all Products delivered and all Products delivered are free from liens and other
encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict
conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or
components not meeting the foregoing quality shall be deemed defective. The foregoing warranty
provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via
this Purchase Agreement.
Vendor also expressly warrants and guarantees, for number of years written in the final vehicle
specifications that the Products and/or Services furnished by it to City shall be free from breakage or defects
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of material and workmanship under normal use, service and maintenance from the date of acceptance of the
City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves
defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated
above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the
City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship,
Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to
properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to
proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to
effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor.
6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or
by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the
City.
7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times
during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the
condition prior to installation.
8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final
inspection and acceptance or rejection by the City.
9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable
to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents,
contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss,
damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with the delivery and installation of
the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this
Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City
Indemnitees.
10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase
Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing
that Contractor has obtained and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS
($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and
contractual liability coverage. The policy shall also include coverage for liability arising out of the use and
operation of any City-owned or City-furnished equipment used or operated by the Vendor, its personnel,
agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-
owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as
additional insureds with any City insurance shall be secondary and in excess to Vendor’s insurance. If the
Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a
precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured
retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention,
such provisions must be modified by special endorsement so as to not apply to the additional insured
coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying
or paying the self-insured retention required to be paid as a precondition to the insurer’s liability.
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Additionally, the certificates of insurance must note whether the policy does or does not include any self-
insured retention and also must disclose the deductible.
The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid
and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be
binding.
11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the
prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the
work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to
the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic
employed by Vendor or by any subcontractor shall receive the wages herein provided for. The Vendor shall
pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be
amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference
between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor
to each worker.
An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the
prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will
not recognize any claim for additional compensation because of the payment by the Vendor for any wage
rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Vendor.
A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is
not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous
points at the site of the project a schedule showing all determined prevailing wage rates for the various
classes of laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and
mechanics so engaged.
B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the
name, address, social security number, work week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such
records shall be certified and submitted weekly as required by Labor Code Section 1776.
12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from
tax withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form
590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit C.
Unless Vendor provides City with a valid Form 590 or other valid, written evidence of an exemption or
waiver from withholding, City may withhold California taxes from payments to Vendor as required by law.
Vendor shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form
590s (or other written evidence of exemptions or waivers) from all subcontractors. Vendor accepts sole
responsibility for withholding taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Vendor’s withholding duty to City upon request.
13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this
Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will
pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to
the date of termination.
14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or
proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the
prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with
that legal action or proceeding.
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15. Notice. All notices and other communications which are required or may be given under this Agreement shall
be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when
received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the
next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is
sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic
address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by
certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties
as follows:
Vendor:
Hi-Tech, Emergency Vehicle Service, Inc.
444 W. Greger Street
Oakdale, CA 95361
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
16. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase
Agreement without the City’s prior written approval. This Purchase Agreement is governed by California
law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of
California, and shall be venued in the County of San Mateo.
17. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity
shall not affect the validity of the remaining portions of this Purchase Agreement.
18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This
Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both
Parties.
19. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other
electronic means, and when each Party has signed and delivered at least one such counterpart, each
counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall
constitute one Agreement, which shall be binding upon and effective as to all Parties.
CITY OF SOUTH SAN FRANCISCO VENDOR
A Municipal Corporation
By:___________________________ By:___________________________
City Manager [Name], Authorized Rep
Approved as to Form:
__________________________
City Attorney
2729963.1