HomeMy WebLinkAbout24-Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an agreement and purchase
Dept: Public Services order to Fairview Ford between the City of
San Bernardino pursuant to Section
Date: February 8, 2007 3.04.010 B-3 of the Municipal Code for the
purchase of forty-two (42) Year 2007 Ford
Crown Victoria Police Interceptors utilized
by the Police Department; and authorizing
the Finance Director or her designee to
solicit lease-purchase rate quotes and
award a lease-purchase to the lowest
responsible leasing company.
Meeting Date: March 5, 2007
Synopsis of Previous Council Action
Reso 2004-115 May 3,2004 Purchase 17 PD Interceptors
Reso 2005-103 May 2,2005 Purchase 19 PD Interceptors
Motion approved January 9, 2006 Five additional PD vehicles FY06/07
Reso 2006-80 March 20, 2006 Purchase 23 PD Interceptors
Recommended Motion:
Adopt resolution
Sig ture
Contact person Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report, Quote. Ward: All
FUNDING REQUIREMENTS:
Amount: $1,119,614.16
Plus lease costs
Lease payments to
be budgeted over a
three- (3) year
period
Source: 635-341-5803
Lease Payments
FY2007/2008,
FY2008/2009,
FY2009/2010
Finance:
Council Notes: �S° Zao7 -d'l�
Agenda Item No.
1_�f•�r/D�
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of an agreement and purchase order to
Fairview Ford between the City of San Bernardino pursuant to Section 3.04.010 B-3 of
the Municipal Code for the purchase of forty-two (42) Year 2007 Ford Crown Victoria
Police Interceptors utilized by the Police Department; and authorizing the Finance
Director or her designee to solicit lease-purchase rate quotes and award a lease-
purchase to the lowest responsible leasing company.
BACKGROUND:
The Mayor and Common Council approved Resolution 2006-80 on March 20, 2006
authorizing the purchase of twenty-three (23) 2006 Crown Victoria Police Interceptors
from Fairview Ford.
At a Measure Z expenditure workshop on January 8, 2006 a motion was approved
authorizing the purchase of equipment needed to outfit ten (10) additional Police units
taken from the reserve replacement pool to be put in service immediately. The
Combined Hiring Plan dated June 15, 2006 calls for five (5) additional vehicles to be
added to the police fleet in FY07/08. Four (4) of these are to be marked patrol units and
one (1) unmarked investigations unit. The four (4) additional patrol units are included in
this purchase, along with ten (10) for the reserve pool and twenty-eight (28)
replacements for a total of forty-two (42).
In February, 2007 staff requested a quotation from Fairview Ford for forty-two (42) Year
2007 model Crown Victoria Police Interceptors, and negotiated a base price of $24,732
plus tax for each vehicle ordered. Protech Ballistic panels for both front doors and
installation are included in this quote as it is now offered as an option from Ford Motor
Company. Total cost is $26,657.48 for each vehicle including tax. See attachment 1:
Base price as quoted by Fairview Ford $24,732.00 each vehicle
Tax @ 7.75% $ 1,916.73 each vehicle
Tire Fee $ 8.75 each vehicle
Total price $26,657.48 each vehicle
Ford Motor Company is the only manufacturer of the Crown Victoria Police Interceptor
model, which has been the specified standard for the Police Department for over ten
years. Fairview Ford of San Bernardino is the sole local Ford dealer. The following
illustrates the record of purchases of Crown Victoria Police Interceptors for the last four
years (excluding tax).
Year Quantity Vendor Per Unit
2003 16 Fairview Ford, San Bernardino $23,906.30
2004 17 Fairview Ford, San Bernardino $24,384.30
2005 19 Fairview Ford, San Bernardino $24,580.00
2006 23 Fairview Ford, San Bernardino $24,580.00
i
The price quoted by Fairview Ford, which was the lowest quote last year, is the same
price as last year except for an increase of $152.00 due to specification changes by the
Police Department. To include a factory installed ballistic trunk-pac to protect the fuel
tank area. In the opinion of the Fleet Manager this is a competitive price. Staff is
therefore recommending approval of a purchase order to Fairview Ford in the amount of
$26,657.48 per unit for forty-two (42) vehicles amounting to a total cost of
$1,119,614.16 plus lease costs pursuant to Municipal Code Chapter 3.04.010 Section
B, Exemptions: #3. Purchases approved by the Mayor and Common Council.
FINANCIAL IMPACT:
Funds for the lease payment of twenty-eight (28) replacement vehicles will be budgeted
in the Police Department budget as an internal service charge for Fleet. In turn, Fleet
Services will budget and pay the actual lease payments for these vehicles. The funding
for the additional fourteen units will be determined by the Finance Department.
These forty-two (42) Year 2007 Ford Police vehicles have an estimated delivery date of
July or August 2007. The lease payments will be structured so they will not begin until
after the vehicles are delivered.
.RECOMMENDATION:
Adopt resolution
2
C (OPY
I RESOLUTION NO. 2oo7-so
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN
4 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA
5 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND
AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT
6 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
7 LOWEST RESPONSIBLE LEASING COMPANY.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
11 execute on behalf of said City an Agreement between the City of San Bernardino and
12 Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length.
14 SECTION 2. This purchase is exempt from the formal contract procedures of
15
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
16
17 Code "Purchases approved by the Mayor and Common Council".
18 SECTION 3. That Fairview Ford has offered a negotiated purchase price of
19 $26,657.48 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for
20 each Year 2007 Crown Victoria Police Interceptor purchased and was the previously
21 selected vendor for these models in 2000, 2002, 2003, 2004, 2005 and 2006.
22 Pursuant to this determination the Finance Director is hereby authorized to issue a
23
24 purchase order to Fairview Ford of San Bernardino, in the amount of $1,119,614.16,
25 which will facilitate the procurement of the forty-two (42) vehicles; and authorize the
26 Finance Director or her designee to solicit lease-purchase rate quotes under existing
27
28
March 5, 2007
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN
3 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA
4 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND
AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT
5 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
LOWEST RESPONSIBLE LEASING COMPANY.
6
7 Master Lease Agreements and to award a lease-purchase to the lowest
8 responsible leasing company.
9 SECTION 4. The Purchase Order shall reference this Resolution No. 2007-80
10 and shall read, "Purchase of forty-two (42) Year 2007 Ford Crown Victoria Police
11 Interceptors, P.O. No. not to exceed $1,119,614.16" and shall
12
incorporate the terms and conditions of the Contract.
13
14 SECTION 5. The Agreement shall reference this Resolution No. 2007
15 and shall read, "Fairview Ford for forty-two (42) Year 2007 Ford Crown Victoria Police
16 Interceptors to be utilized throughout the City of San Bernardino. Agreement not to
17 exceed $1,119,614.16" and shall incorporate the terms and conditions of the
18 agreement.
19
SECTION 6. The authorization to execute the above referenced Purchase
20
21 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
22 this resolution.
23 /ll
24
25 111
26 111
27
28
March 5, 2007
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN
3 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA
4 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND
AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT
5 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE
6 LOWEST RESPONSIBLE LEASING COMPANY.
7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
8 Mayor and Common Council of the City of San Bernardino at a joint regular
9 meeting thereof, held on the 5th day of March 2007, by the
10 following vote, to wit:
11
Council Members: AYES NAYS ABSTAIN ABSENT
12
ESTRADA x
13
14
BAXTER x
15
BRINKER x
16 DERRY x
17 KELLEY x
18 JOHNSON x
19
MCCAMMACK x
20
21 Rachel G. Clark, City Clerk
22
The foregoing resolution is hereby approved this day of
23 March 2007.
24
25 Patrick J. Morris, Mayor
City of San Bernardino
26 Ap roved as to form:
27
28 �mes F. Penman, City Attorney
March 5, 2007
EXHIBIT "A"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 5th day of March
2007, by and between Fairview Ford ("VENDOR") and the City of San Bernardino
("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS,the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of forty-two (42).2007 Ford
Crown Victoria Police Interceptors; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for forty-two (42) 2007 Ford Crown Victoria Police Interceptors.
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 those products and services as set forth in this purchase agreement.
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$1,119,614.16 for forty-two (42) 2007 Ford
Crown Victoria Police Interceptors.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and,'or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damt.ge which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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 license, 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,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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: Fairview Ford Sales Inc.
808 West 2nd Street
San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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.
HI
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth' below.
Dated: _ 5 , 2007 VENDOR.
By:
Its:
Dated , 2007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By:
James F. Penman, City Attorney
2007-80
r D
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 5th day of March
2007, by and between Fairview Ford ("VENDOR") and the City of San Bernardino
("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase of forty-two (42) 2007 Ford
Crown Victoria Police Interceptors; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for forty-two (42) 2007 Ford Crown Victoria Police Interceptors.
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 those products and services as set forth in this purchase agreement.
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$1,119,614.16 for forty-two (42) 2007 Ford
Crown Victoria Police Interceptors.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
2007-80
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
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
2007-80
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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 license, 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,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
2007-80
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: Fairview Ford Sales Inc.
808 West 2"d Street
San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
I
2007-80
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
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
2Q07-80-
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 2007 VENDOR.
By:
Its:
Dated , 2007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By: 2 ,"
Ja F. Penman, City Attorney