HomeMy WebLinkAbout2007-127
1
2
RESOLUTION NO. 2007-127
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
4 PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO
SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR NINE (9) YEAR 2007
5 FORD RANGER PICK UP TRUCKS TO BE UTILIZED BY THE PARKS,
RECREATION, AND COMMUNITY SERVICES AND PUBLIC SERVICES
6 DEPARTMENTS.
7
8
9
10
11
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and
Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" and incorporated
12
herein by reference as fully as though set forth at length.
13
SECTION 2. This purchase is exempt from the formal contract procedures of
14
15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. 8.3 of said
16
17
18
19
20
21
22
23
24
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Fairview Ford has offered a negotiated purchase price of
$12,932.29 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for
each Year 2007 Ford Ranger pick up truck purchased. Pursuant to this determination
the Finance Director is hereby authorized to issue a purchase order to Fairview Ford
of San Bernardino, in the amount of $116,390.61, which will facilitate the procurement
of the nine (9) vehicles.
SECTION 4. The Purchase Order shall reference this Resolution No. 2007--117
25 and shall read, "Purchase of nine (9) Year 2007 Ford Ranger pick up trucks, P.O. not
26
27
to exceed $116,390.61" and shall incorporate the terms and conditions of the Contract.
28
April 9, 2007
.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO
3 SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR NINE (9) YEAR 2007
4 FORD RANGER PICK UP TRUCKS TO BE UTILIZED BY THE PARKS,
RECREATION AND COMMUNITY SERVICES AND PUBLIC SERVICES
5 DEPARTMENTS.
6
7
8
9
10
11
SECTION 5. The Agreement shall reference this Resolution No. 2007 127
and shall read, "Fairview Ford for nine (9) Year 2007 Ford Ranger pick up trucks to be
utilized by the Parks and Public Services Departments. Agreement not to exceed
$116,390.61" and shall incorporate the terms and conditions of the agreement.
SECTION 6. The authorization to execute the above referenced Purchase
12 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
13 this resolution.
14 /1/
15 /1/
16
17
18 /1/
/1/
19 /1/
20 /1/
21 /1/
22 /1/
23
24
25
26 /1/
27 /1/
/1/
/1/
28
April 9. 2007
1
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
4 PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO
SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR NINE (9) YEAR 2007
5 FORD RANGER PICK UP TRUCKS TO BE UTILIZED BY THE PARKS,
RECREATION AND COMMUNITY SERVICES AND PUBLIC SERVICES
6 DEPARTMENTS.
7
8
9
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the
10
11
12
16th
day of April
, 2007, by the
following vote, to wit:
13
14
15
16
17
18
19
20
21
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution
Apri 1 , 2007.
Ro.dI 00.. Ji. CQ~
~J<1~~i1U~City 7Ae:~~/
is hereby approved this D-1 ~<1jay of
22
23
24
25
26 Approved as to form:
27
28
mes F. Penman, City Attorney
April 9, 2007
2007-127
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of April
2007, by and between Fairview Ford Sales Inc. ("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 nine (9) 2007 Ford Ranger
pick up trucks; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of nine (9) 2007 Ford Ranger pick up trucks.
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 $116,390.61 for nine (9) 2007 Ford Ranger
pick up trucks.
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.
2007-127
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2007-127
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
2007-127
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 assigrunent, 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 assigrunent 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2007-127
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.
III
III
III
III
III
III
III
III
III
III
2007-127
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
2 and date set forth below.
Dated:
,2007
VENDO~~/.
BY:~
Its: rt..EIiJ .MAAJ'IrT1E:1C
CITY OF SAN BERNARDINO
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BY:~
Pain k J. Morris, .
Approved as to Form:
03/01/2007 15:50
..
9093850292
VAL EFF
PAGE '02
2007-127
FAIRVlEW FORD
FLEET & TRUCK CENTER
808 W. 211d STR.En
P.O. 80s 5516
SAN BERNARDINO, CA. !lUll
(909) 386-0281 or Fax: (909) 386-0292
=>
VEHICLE ORDER CONFIRMATION
2007 RANGER
Order No: 0000 Priority: D1 Ord FIN:
Ord P~p: 867A Cust/Flt Name: CITY OF SB
RETAIL
RIO 4X2 XLT REG CAB $15500
112. lflfEELBASE
Yz OXFORD lflfITE CC
R 60/40 CLOTH
F ~D DK FLINT
867A ,PREF EQUIP PKG
.XLT TRIM
.ELEC AMI", W/CD
99U 3.0L EFI V6 ENG
44D 5-SPO AUTO 0/0
T7K P225 OWL AlS
X86 .3.73 REG AX 7.5
CAL IlOMD nES
153 FRT LICENSE BKT
4380 GVlIR
QCH4
Order Type: 58
PO Number:
03/01/07 18:18:50
Dealer: F71156
Page: 1 of 2
Pric" Level. 730
2lV
422
511l
794
VINYL FLR MATS
CALIF EMISSIONS
T145 MIN:r; SPARE
PRICE CONCESSN
REMARKs TRAILER
PWR EQUIP GRP
SP DLR ACCT ADJ
RETAIL
HC
NC
HC
907
405
425
1000
15
TOTAL BASE AND OPTIONS 17980
TOTAL 17980
NC
HC
He
VEIlICLE ORDER CONFIRMAXION
03/01/07 18:19:08
Dealer: F71156
'fage: 2 of 2
Order Type: 55 Price Level: 730
PO Number I
cc>
Order No:
Ord PEP:
2007 RANGER
0000 Priority: 01 Ord FIN: QC414
867A Cust/Flt Name: CITY OF S5
RETAIL
RETAIL
Sf FLT ACCT CR
5 U.S. GAL GAS
84A NETINV FLT OPT HC
PRICEO DORA NC
DEST AND DELIV 635
S9~s PRtCE.: $ /19Ct4~
Sl'JlES 1i1X': $ 9Q <1 ~
CAe Tt~ ~:~ g 12. .
~L :~/~93;;;'~
S<,C-H.
TOTAL BASE AND OPTIONS 17980
TOTAL 17980
, ~.' ~ FEB-27-2007 TUE 09:59 AM CREST CHEVROLET
FAX NO, 9098837968
p, 02'
C!. '-ry or SA-J2c:.e,vL\,.2.~/;";O
iJ IT: JJo,.J ..:JD H,J ..:$ C J
Prepared By:
administrator
CREST CHEVROL T-FLEET DEPT.
DANNY ZANK.MGR.
SAN BERNARDINO.. CA 92405
Phone: (909) 883-8833
Fax: (909) 883-7968
2007 FleeUNon-Retail Chevrolet Colorado 2WD Reg Cab 111.2" L T w/1 LTC
SELECTED MODEL & OPTIONS
,
SELECTED MODEL. 2007 Fleet/Non-Retail CS15403 2WD Rag Cab 111.2" L T w/1L T
--_..,,~.,-_.. -,', ._.....'-----,,~--_.,_. _.,-.-' # --".~-
~
CS15403
DescriDtion
2007 Chevrolet Colorado 2WD Reg Cab
111.2" LTwl1LT
~ MSRP
$13,493.55 $14,910.00
,.
SELECTED VEHICLE COLORS - 2007 Fleet/Non-Retall CS15403 2WD Reg Cab 111.2" LT w/1L T
!<2S!! DescriDtion
19J Interior. Very Dark Pewter
SOU Exterior 1: Summit While
Exterior 2: No color has been selected.
-- . ..,- .
SELECTED OPTIONS - 2007 FleetlNon-Retail CS15403 2WD Reg Cab 111.2" L T w/1LT
CATEGORY
Code DescriDtlon
SUSPENSION PKG
ZB5 SUSPENSION PACKAGE, STANDARD (STD) (Upgradeable to (Z71) Off-
Road Suspension Package or (ZOB) Sport Suspension Package)
VQ2
MSRP
$0.00
$0.00
GVWR
C61
GVWR, 4850 LBS (2200 kg) (STD) (Standard on CS15403 2WD Regular
Cab models. Refer 10 the Engine and Axle section fer compalibility
requirements. Requires (Z85) Standard Suspension Package)
EMISSIONS, CALIFORNIA STATE REQUIREMENTS
$0.00
$0.00
EMISSIONS
YF5
ENGINE
LLR
$0.00 $0.00
ENGINE, 3.7L DOHC S-CYLlNDER MFI (242 hp [180.4 kW] @ 5600
rpm). 2421\).f1 [326.7 Nm] @4600 rpm) (ReIer to the Engine and Axle
section for compatibility requirements. Must specify)
TRANSMISSION E^'9,NcT ~iL'i::tt. 7G,A-/xRo To3. 7/87
$800.00 51,000.00
Report content is based on current data version referenced. Any perfonnance-related calculations are offered solely as
guidelines. Actual un~ performance will depend on your operating conditions.
GM AulOBook, Data Version: 122.2, Data updated 212012007 9:26:00 AM
@Copyright 1986.2005 Chrome Systems Corporation. All rights reserved.
Customer FHe:
February 23, 200711:04:10 AM
Page 8
..
.~ ~~~~27~2007 T~E 10:00 AM CREST CHEVROLET
FAX NO, 9098837968
p, 03
Prepared By:
administrator
CREST CHEVROL T-FLEET DEPT.
DANNY ZANK-MGR.
SAN BERNARDINO" CA 92405
Phone: (909) 883-8833
Fax: (909) 883-7968
2007 Fleet/Non-Retail Chevrolet Colorado 2WD Reg Cab 111.2" L T w/1 LTC
SELECTED MODEL & OPTIONS
. .- ." -
5ELJ:CTED OPTIONS - 2007 FleellNon-Retail C515403 2WD Reg Cab 111.2" LT w/1L T
_.-_...__.,~._~..._..._-,--_..~_.",.._...,_._,_.,-,.~.-.-.,.-....,.
CATEGORY
Code Descrllltlon VQ2 M5RP
TRANSMISSION
M30 TRANSMISSION, 4-SPEED AUTOMATIC, ELECTRONICALLY S876.oo $1,095.00
CONTROLLED WITH OVERDRIVE (Refer 10 the Engine and Axle
section for compatibility requirements. Must specify)
DIFFERENTIAL
NO LOCKING DIFFERENTIAL $0.00 SO.oo
AXLE
GT4 REAR AXLE, 3.73 RATIO (Refer to the Engine and Axle section for SO.CO SO.OO
compatibility requirements. Must specify)
PREFERRED EQUIPMENT GROUP
1LT L T PREFERRED EQUIPMENT GROUP Includes Standard Equipment $0.00 $0.00
TIRES
QET TIRES, P225175R15 ALL-SEASON, BLACKWALL (STD) (2WD models SO.OO $0.00
only. Requires (Z85) Standard Suspension Package and Includes (PF3)
4-15" x 6.5" (38.1 em x 16.5 em) aluminum wheels.)
SPARE TIRE
ZAA TIRE, COMPACT SPARE, located at rear underbody of vehicle (STD) $0.00 $0.00
(Not available with (Z71) Off-Road Suspension Package or (ZQS) Sport
Suspension Package. Upgradeable to appropriate full si~e spare tire)
SEAT TYPE
AM6 SEATS, FRONT 60140 SPLIT -BENCH WITH L T DELUXE CLOTH, $0.00 $0.00
MANUAL RECLINING with integral outboard head restraints, armrest with
integral storage and dual cup holders (STD) (Not available w~h (ZQB)
Sport Suspension Package. Upgradeable to (AR9) front bucket seals
with L T Deluxe Cloth)
SEAT TRIM
_J SEAT TRIM. DELUXE CLOTH (STD) $0.00 SO.OO
PAINT
PAINT, SOUO (STD) $0.00 $0.00
RADIO
Report content is based on current data version referenced. Any performance-related calculations are offered solely as
guidelines. Actual unit performance will depend on your operating conditions.
GM AutoBook, Data Version; 122.2, Data updated 212012007 9:26:00 AM
@Copyright 1 986-2005 Chrome Systems Corporation. All rights reserved.
Customer File:
February 23, 2007 11 :04:10 AM
Page 9
... ~ -~EB-27-2007 TUE ~OO AM CREST CHEVROLET
FEB 27,. 2007 DEAL REVIEW
S"are 01 FANCIOl PORT 5013 1770
FAX NO. 9098837968
.-------------------------------------------------------------------------------
CREST CH::VRO:"E~
BUYER:
STOCK
OTAL PRICE
WARR PREMIUM
AFTMKT PREM
TOTAL FEES
TOTAL TAXES
GROSS PRICE
TOTAL DOWN
14274.37
0.00
DEC LIFE PREM 0.00
LEV LIFE PREM 0.00
A&H PREMIUM 0.00
IUI PREMIUM 0_00
---------~--------------
AMOUNT FIN
-14274.37
PRINTER OUTPUT (Y/N) Y
2&1 MGR: LUIS M 9UENROS~~O JR
DEAL #: 98935
TOTAL TRADE 0.00
TOTAL PAYOFF 0.00
TOT NET TRADE O.OC
TOTAL CASH 0.00
TOTAL REBATES 0.00
-----------------------
TOTAL DOWN
0.00
02/27/2007
04/11/2007
04/11/2007
1
14274.37
TR~TE IN LENDING
------------------------
APR 0.00 %
Ai'lT FINANCED
FINANCE CHARGE
TOTAL OF I?YMTS
TOTAL DOWN
DEF PYMT PRICE
14274.37
0.00
l4274.37
0.00
14274.37
DEAL DATE
1ST PYMT DATE
Ls'r PYMT DATE
TERM
PAYMENT
IRREG PMIS
FINAL PAYMENT
0.00
------------------------
DEFERRED PAYMENT
DUE
put
DUE
( ,~.,.? /)12. tJ,J;r)
:~
\:
CASH DEAL
P. 05'
M
("",-,
.~
o
"
~
~
~
I~
~
co
>>
'"
~
i1 ~
- ~
('> m
'"
-<
-<
~
m
. . .
'/I. '-o;:l
Ci i;;!
ii i~
~ lit
;;; I~
1~
I~ 10
o ,_
~ I'~
c:
:=: Iw
:i I,
I~
I;
C:>
-<
m
'"
s:
'"
-<
o
-<
>>
~
o
m
~
<:
m
'"
-<
n
'"
-<
S<
..
-.
'" ~
c;
"
>>
-<
c:
'" ...J
'" ""'
~I
~~ ~
~r
p
~
~ t
t S
";J ~
~
~ P'-, ij;) 11~
~!~ Ie !~
i~ I~ ~ 'I
It' ~l bl ~
~~!
~ ~ I
'f- b
"
~ ~\
s::
""
10 !",
I~ I~
l~ ~
'0 ~
!'> ~
I~ c
1m ~
,~ 0
'~ CD
'" n
m 0
'" 0
;g !"':'
Z
'"
'"
'"
>>
-<
m
n
>>
~
~
m
'"
\Y
~ 1"
~ ~
~
't ~
-
r
G
.....)
O~
"'."
DC
cr-
O!f
-1-
mO
cnz
n
o
Z
;;:
n
-<
~
Z
o
:!!
<5
z
m
Z
o
>>
o
o
'"
m
'"
'"
<
m
"
o
o
'"
~ !
~
I'"
I
t";;. \
..J r- ~
~ l' ~
..J ~
('l
I
r> \
:!! oJ
:: ~ ...... ~
5<
; ~
~l
~
~
.-
~
t
. \
'"
m
'"
3J ~
f.. ~
'!<
~ m
..
-.
~
~
oJ
rlll~ lit; ~"I fl il III 11 11_]