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Home My WebLink About2007-086 1 2 3 RESOLUTION NO. 2007-86 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REJECTING ALL BIDS FOR A PARAMEDIC SQUAD VEHICLE AND AUTHORIZING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD IN THE AMOUNT OF $122,349.45 FOR A PARAMEDIC SQUAD VEHICLE. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That all formal bids for a paramedic squad vehicle pursuant to Bid 10 Specification #F-07-22 are hereby rejected. 11 SECTION 2. That Fairview Ford has agreed to be the primary vendor for the negotiated 12 purchase of a Paramedic Squad Vehicle in accordance with Bid Specifications #F-07-22 for a total 13 amount of$122,349.45. 14 SECTION 3. That this purchase is exempt from the formal contract procedures of Section 15 3.04.010 of the Municipal Code, pursuant to Section 3.040.01O(B)(3) of said Code. 16 SECTION 4. That the Mayor and Common Council of the City of San Bernardino authorize 17 the Mayor to execute on behalf of said City a Vendor Services Agreement with Fairview Ford for 18 the purchase of a paramedic squad vehicle. A copy of said Agreement is attached hereto marked 19 20 Exhibit "A" and incorporated herein by reference as though fully set forth at length. 21 SECTION 5. That the Purchasing Manager is directed to issue a purchase order to Fairview 22 Ford in an amount "not to exceed $122,349.45." The Purchase Order shall reference the number of 23 this Resolution and Bid Specifications #F-07-07, and shall incorporate the terms and conditions of 24 the bid proposal of Fairview Ford. 25 SECTION 6. The authorization to execute the above-referenced Agreement and Purchase 26 Order is rescinded if not issued within sixty (60) days of the passage of this resolution. 27 IIII 28 IIII 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REJECTING ALL BIDS FOR A PARAMEDIC SQUAD VEHICLE AND AUTHORIZING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD IN THE AMOUNT OF $122,349.45 FOR A PARAMEDIC SQUAD VEHICLE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 1 2 3 4 5 6 7 Common Council of the City of San Bernardino at a join~ rpg111 ~r meeting thereof, held on the 8 19th day of March 9 10 Council Members: 11 ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 ,2007, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~h.~ Rac I G. Clark, City Clerk City of San Bernardino 21 The foregoing resolution is hereby approved this ~ d '{"~y of March ,2007. 22 23 24 25 26 ~oved as to,1orm: '?r~ 27 ES F. PENMAN, City Attorney 28 By: 2007-86 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 19th 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 a paramedic squad vehicle; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for the purchase of a paramedic squad vehicle. 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 $122,349.45 for a paramedic squad vehicle. 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. / /I / L 2007-86 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 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 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. 2007-86 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 292 North G Street San Bernardino, CA Telephone: (909) 884-9261 2007-86 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 ofthis 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. I . 2007-86 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: APl?JL 3 , 2007 VENDOR. ~ By:4 ~ Its: Faqa- ;111'11\14 G€/? D,"" ~ 2007 CITY OF SAN BERNARDINO ~.- Pa 'ck J. . Mayor Approved as to Form: