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Home My WebLink About2007-454 15 16 17 18 19 2008 AUTOCAR WX64 chassis and refuse bodies with LNG conversion. Pursuant to 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 2007-454 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF SIXTEEN (16) REFUSE TRUCKS COMPLETE WITH REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager 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, which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 3. That Fairview Ford has offered a purchase price of $4,817,395.20 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for (16) Year this determination the Finance Director or her designee is hereby authorized to issue a purchase order to Fairview Ford of San Bernardino, in the amount of $4,817,395.20, which will facilitate the procurement of the (16) vehicles; and authorize the Finance Director of her designee to solicit as needed, lease-purchase rate quotes and to award a lease-purchase to the lowest responsible leasing company. November 9. 2007 15 16 11/ 17 11/ 18 19 20 11/ 21 22 11/ 23 11/ 24 11/ 25 11/ 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF SIXTEEN (16) REFUSE TRUCKS COMPLETE WITH REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. SECTION 4. The Purchase Order shall reference this Resolution No. 2007-_ and shall read, "Purchase of sixteen (16) Year 2008 Autocar WX64 chassis to include refuse bodies and LNG fuel conversion, P.O. not to exceed $4,817,395.20" and shall incorporate the terms and conditions of the Agreement. SECTION 5. The authorization to execute the above referenced Purchase Order and agreement is rescinded if not issued within sixty (60) days of the passage of this resolution. 11/ 11/ 11/ November 9, 2007 1 2 3 4 5 6 7 8 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF SIXTEEN (16) REFUSE TRUCKS COMPLETE WITH REFUSE BODIES AND LNG CONVERSION TO BE UTILIZED BY THE IWM DIVISION; AND AUTHORIZING THE PURCHASING MANAGER TO SOLICIT LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the ] 9th day of 1ITn"~mh~r , 2007, by the 9 following vote, to wit: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ap~ oved as to form: 26 27 28 The foregoing resolution November ,2007. ~~ud, ClattL .W~~~City~rk ~herebY approved this ~~J2...~ay of a es F. Penman, City Attorney November 9, 2007 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 2007-454 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 19th day of November 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 sixteen (16) 2008 Autocar WX64 Chassis complete with refuse bodies and LNG fuel conversion; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendor for the purchase of sixteen (16) 2008 Autocar WX64 Chassis complete with refuse bodies and LNG fuel conversion. 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 $4,817,395.20 for sixteen (16) 2008 Autocar WX64 Chassis complete with refuse bodies and LNG fuel conversion. 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. 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 2007-454 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 2007-454 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 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 engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 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 licenses, 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 VENDORe to practice its business or profession. 2007-454 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 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 Attn: Todd Eff 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 2007-454 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 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 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. III III 1 2 3 4 5 6 7 8 9 10 11 12 13 2007-454 VENDOR SERVICE AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 1/-;)0] , 2007 Dated // -.;2C'J , 2007 Approved as to Form: 14 15 By: 16 Jame)! 17 18 19 20 21 22 23 24 25 26 27 28 ,~ v :~~ Its: ~ .M.9AJI/~f:. By: October II, 2007 2007-454 Fairview Ford Sales, Inc. P.O. Box 5516 SAN BERNARDINO. CAUF. 92412 Telephone (909) 6114-9261 .amml City Of San Bernardino Fleet Department 182 S. Sierra Way San Bernardino, CA 92408 RE: Purchase of 16 Autocar Refuse Trucks Dear Mr. Johnson, Here is the breakdown for the above referenced purchase. 2 Roll Off@$211,332. each $422,664.00 3 Front Loaders@ $262,291. each $786,873.00 10 Loaders @ $299,171. each $2,991,710.00 I Rear Loader@ $251,793. Each $251,793.00 Doc and Handling Fee $7.200.00 Total $4,460,240.00 . Sales Tax (8%) $356,819.20 Fed Excise Tax EXEMPT CA Tire Fee $336.00 GRAND TOTAL $4,817,395.20 5~ Commercial Fleet Manager 'Prepar~ By JERRY DALTON QuOteld: FEL Phonei: 951-685-3456 Quote !Number: QOOO6222 2007-454 Prepared For FRONT LOADER CITY OF SAN BERNARDINO Qu~te Summary 0912012007 All figures are in US dollars Canadian dealers require Canadian dollars EQUJ,PMENT EACH TOTAL ; WXLIl64 258,691 WXLli CAB - SINGLE LIt DRNE ADDItIONAL PURCHASED COVERAGES 2,150 EPA S~CHARGE 0 ADDItIONAL PRICE ADmSTMENT 0 ADDf~1ONAL FRE)(}HT 0 ADDItiONAL SURCHARGE 0 FREIGHT 1,450 QU~ 3 TOT 4 EQUIPMENT PRICE 262,291 786,873 TRADIE IN (0) OTHER CHARGES EACH TOTAL FET 0 FET AiMOUNT TOTAL 0 STAn; TAX/OTHER FEES 0 0 TOTAILQUOTE 786,873 ~ Qat~ Deal: - ~ 9/Q.~/2007 ./:) ~- ~1)J~ Custom Si ture 9-:J-I-07 Date Date ~k Price iLeve1 : 2oo704032008A Thursday, September 20, 2007 5:52:45 Page 13 of 24 2007-454 CITY OF SAN BERNARDINO FRONT LOADER ADDITIONAL OPTIONS INCLUDED IN PRICE OF lRUCK. TRIMBLE (GPS) SlROBE LIGHTS (2) lRANS-DATA SCALES LNG FUEL TANK TOOL BOX ALUM. SPARE TIRES AND WHEELS PARTS CDS FANS INTERIOR (2) M1M FRONT LOADER BODY MIDWEST LUB XGS SYSTEM 'Prepared By JERRY OAL TON Quote ld : RoIloff Phone: 951-685-3456 Quote Number: Q0006223 2007-454 Prepared For ROLL OFF CITY OF SAN BERNARDINO Quote Summary 09/20/2007 All figures are in US dollars Canadian dealers require Canadian dollars EQUIPMENT EACH TOTAL WXU64 207,732 WXU CAB - SiNGLE LH ORNE ADOmONAL PURCHASED COVERAGES 2,150 EPA SURCHARGE 0 AOOmONAL PRICE ADJUSTMENT 0 ADOmONAL FREIGHT 0 ADOmONAL SURCHARGE 0 FREIGHT 1,450 QUANTITY 2 TOTAL EQUIPMENT PRICE 211,332 422,664 TRADE IN (0) OTHER CHARGES . EACH TOTAL FET 0 FET AMOUNT TOTAL 0 STATE T AXIOTHER FEES 0 0 TOT"'~QUOTE 422,664 ~9.a/~ .v Custom Signature Deal~r 7/::;j,;:ltJ67 OJ - ?l- tJ 7 Date Date 0~AJ. Price Level: 200704032008A Thursday, September 20, 2007 6:44:24 Page I of 3 2007-454 CITY OF SAN BERNARDINO ROLL OFF ADDITIONAL OPTIONS INCLUDED IN PRICE OF TRUCK. TRIMBLE (GPS) STROBE LIGHTS (2) TRANS-DATA SCALES LNG FUEL TANK CWS ROLL WITH TARP SPARE TIRES AND WHEELS PARTS CDS FANS INTERIOR (2) PJ1:Pared By JERRY DALTON Quote Id : ASL spec I'boIu: : 951-685-3456 Quote Nwnber: QOOO6224 2007-454 Prepared For AUTO LOADER CITY OF SAN BERNARDINO Quote Summary 09/20/2007 All figures are in US dollars Canadian dealers require Canadian dollars EQUIPMENT EACH TOTAL WX64 295,571 WXRCAB - SINGLE RH DRIVE ADDmONAL PURCHASED COVERAGES 2,150 EPA ~CHARGE 0 ADD~ONAL PRICE ADJUSTMENT 0 ADDmONAL FREIGHT 0 ADDJnONALSURCHARGE 0 FREI$HT 1,450 QUAIllTITY 10 TOTAL EQUIPMENT PRICE 299,171 2,991,705 TRADE IN (0) OTHeR CHARGES EACH TOTAL FET 0 FET AMOUNT TOTAL 0 STATE T AX!OTHER FEES 0 0 TOTJIJL QUOTE 2,991,705 '7 - /:i6-CT7 !!!:::z..f U/-L Customer igm1ture' cr-;),!-tJ7 , D~)J. ~Q~ Date Price Level: 200704032008A Thursday, September 20, 2007 6:50:22 Page 13 of 24 2007-454 CITY OF SAN BERNARDINO AUTO LOADER ADDmONAL OPTIONS INCLUDED IN PRICE OF TRUCK. TRIMBLE (GPS) STROBE LIGHTS (2) TRANS-OAT A SCALES LNG FUEL TANK LABRIE AUTO LOADER SPARE TIRES AND WHEELS PARTS CDS FANS INTERIOR (2) MIDWEST LUB XGS SYSTEM . P'l'Pared By JERRY DALTON Quote Id : QAHXAHBCD Phone: 951-685-3456 Quote Number: QOOO6221 2007-454 Prepared For REAR LOADER CITY OF SAN BERNARDINO 09/20/2007 Quote Summary All figures are in US dollars Canadian dealers require Canadian dollars EQUIPMENT EACH TOTAL WXLL64 248,193 WXLL cAB - SINGLE ut DRIVE ADDmONAL PURCHASED COVERAGES 2,150 EPA SURCHARGE 0 ADDITIONAL PRICE ADJUSTMENT 0 ADDmONAL FREIGHT 0 ADDmONAL SURCHARGE 0 FREIGHT 1,450 QUANTITY TOTAL EQUIPMENT PRICE 251,793 251,793 TRADE IN (0) OTHER CHARGES EACH TOTAL FET 0 FET AMOUNT TOTAL 0 STATE T AXlOTHER FEES 0 0 TOTAL QUOTE 251,793 ~- .J~.,;JjJ Customer i 1/ ~~~/2n07 Date Price Level: 200704032008A Thursday, September 20, 2007 5:20:41 Page I of 3 2007-454 CITY OF SAN BERNARDINO REAR LOADER ADDmONAL OPTIONS INCLUDED IN PRICE OF TRUCK. TRIMBLE (GPS) STROBE LlGHfS (2) TRANS-DATA SCALES LNG FUEL TANK TOOL BOX ALUM. SPARE TIRES AND WHEELS 5)e.26.'ce <j.op ARTS CDS FANS INTERIOR (2) MTM REAR LOADER BODY -;.. fl.(;. e c.,/, .,., R 1/ 1/5 13M}::