HomeMy WebLinkAbout2008-102
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RESOLUTION NO. 2008-102
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
. SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF TWENTY -SEVEN (27) 2008 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.
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 of San Bernardino, 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 of San Bernardino has offered a purchase
price of $27,647.03 including tax pursuant to Section 3.04.010 B-3 of the Municipal
Code for the purchase of twenty-seven (27) 2008 Ford Crown Victoria Police
Interceptors. 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
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26 rate quotes and award a lease-purchase to the lowest responsible leasing company.
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$746,469.81, which will facilitate the procurement of the twenty-seven (27) 2008 Ford
Crown Victoria Police Interceptors.
SECTION 4. The Finance Director or her designee to solicit lease-purchase
April 2, 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF TWENTY -SEVEN (27) 2008 FORD CROWN VICTORIA
POLICE INTERCEPTORS UTILIZED BY THE POLICEDEPARTMENTj 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.
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this resolution.
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SECTION 5. The Purchase Order shall reference this Resolution No. 2008-lllZ.
and shall read, .Purchase of twenty-seven (27) 2008 Ford Crown Victoria Police
Interceptors, P.O. not to exceed $746,469.81" and shall incorporate the terms and
conditions of the Agreement.
SECTION 6. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
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April 2, 2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF lWENTY -SEVEN (27) 2008 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.
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 7th day of April
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
x
DERRY
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution
April , 2008.
~1j;.~
Rachel G. Clark, City Clerk
a-r.t
is hereby approved this ~" day of
rick J. Mor yor
I of San Bernardino
I
es F. Penman
Attorney
April 2, 211118
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2008-102
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April
2008, 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 twenty-seven (27) Year 2008
Ford Crown Victoria Police Interceptors; and
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 twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors.
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 $746,469.81 for twenty-seven (27) Year
2008 Ford Crown Victoria Police Interceptors as set forth in Attachment I, attached
hereto and incorporated herein by this reference.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
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.
EXHIBIT "A"
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2008-102
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.
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2008-102
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 licenses, 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:
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2008-102
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
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
2008-102
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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.
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2008-102
VENDORSERVCEAGREEMENT
FAIRVIEW FORD SALES INC.
IN WITNESS TIIEREOF, the parties hereto have execut~d this Agreement on the day
and date set forth below.
Dated:~t.. 2.'1,2008
Dated ~--<.L er , 2008
Approved as to Form:
,~
sF. Penman, City Attorney
VE~
By: I ~
Its: H r-~ MIIV'9rTE!?
By:
.ll-HI-" 16'/ I6lS: tlZ
rllU'l-l:'AIHV IEW FLEET
9098842861
2008-102
Attachment 1
T-873
P02/0~
U-594
.'"
FAlRVlEWFORD
FLEET & TRUCK CENTER
808 W. 2ad ST.IlQT
, P.o... 5516
SAN Bl:RNARDlNo, CA. tu1%
(909) 386-028l or Fu: (909) 386-0292
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Ord. Code; 13ca. CU$t/Flt lfame: CIn OF SS PO Nwlber:
RE'lAtL
P71 POLlCE ~p $26245
~: M6'COA &: 116373L c:
H 0.1'11 )It>Q<ETs/1U\
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730& 0NlEII COllE
- POt.ICE PACDGE
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.17. Sr.EEL $P.RRE
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toTAL BI.SE Al'ID O!'rIQIlS 31315-
. t"ODL J)6()ISPO OPrIOlQi 864
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0Zder fJo;
ord Code:
"":rAIL
2lJl PIIJ\ Dl.I'VER SEAT $380
.23 c:aL Dr BD't '6QD
435 ICtr CODE 1294X So
479 C/~ DISMLE 20
'lY DUAL SfO'l' LIIIIr.I J40
s"" -..: SIIPPIlBSS os
, 5," SUiE AIR _ 300
- DBaa.D NL DID 60
63. __ PJla<IlGE 10
,"'- Q. D\ BHD ~ 2.
7", B!.lIa< lIlItl'JOOS IIC
7H P1UCE ~
9011 .....I\H I'AlOELS 248.
'3' au. sq. 1IEB: UP NC
1148 JUt. .IJI'DOII' IJf;L 2.
TOTAL I!lASE MD OP'lIa(S 31375
TOTAL 1:ISO/uo QnxOflS 864
'!!!!~._._.... _ _. ..._32239
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Ord. Code: 1'3OA ~t/rlt _: CITY or sa JIO Jtl.1Iber;
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!lEST _ DELIV 82.
T<7rMa MSE ~ OP'UORS 31375
_ llSO/SPO QPTlaIS 864
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