HomeMy WebLinkAbout2009-009
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RESOLUTION NO. 2009-9
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 TWELVE (12) 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, a copy of 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 $3,639,137.64
including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for (12) Year
19 2009 AUTO CAR WX64 chassis and refuse bodies with LNG conversion. Pursuant to
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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 $3,639,137.64,
which will facilitate the procurement of the (12) vehicles; and authorize the Finance
Director or her designee to solicit as needed, lease-purchase rate quotes and to
present a lease purchase Agreement for approval by the Mayor and Common Council.
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2009-9
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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 TWELVE (12) 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. 2009-~
and shall read, "Purchase of twelve (12) Year 2009 Autocar WX64 chassis to include
refuse bodies and LNG fuel conversion, P.O. not to exceed $3,639,137.64" and shall
incorporate the terms and conditions of the Agreement.
SECTION 5. The authorization to execute the above referenced Purchase
12 Order and Agreement is rescinded if the Agreement is not executed by both parties
13 within sixty (60) days of the passage of this resolution.
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2009-9
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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 TWELVE (12) 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
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19 MCCAMMACK
Mayor and Common Council of the City of San Bernardino at a ;oint regular
meeting thereof, held on the 20th
January
day of
, 2009, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
VACANT
KELLEY
x
JOHNSON
x
x
~~k.~
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this n//sr
January ,2009.
day of
es F. Penman, City Attorney
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2009-9
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of twelve (12) 2009 AUTOCAR WX64
chassis and refuse bodies with LNG fuel conversion; and
WHEREAS, the City of San Bernardino has determined that VENDOR possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
December 22, 2008, attached hereto, marked Attachment "1 and 2" and incorporated herein by
this reference as fully as though set forth at length.
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 $3,639,137.64 to provide and perform those
products and services described in Section 1 above.
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 (1) year.
Exhibit "A"
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2009-9
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnifY and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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
Exhibit "A"
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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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of 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 Govem:nent 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,
Exhibit "A"'
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2009-9
1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
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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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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 ofthis 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
Exhibit "A"
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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
convemence 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
Exhibit "A"
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2009-9
VENDOR SERVICE AGREEMENT
FAIRVIEW FORD SALES INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:~, 2009
~z/i%j
, .
Dated
,2009
Approv d as to Form:
, /e.-.-
:":~ 40//
Its: f{.
By:
Ci
Exhibit "A"
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2009-9
Attachment "1"
December 22, 2008
Falrview Ford Sales, Inc.
P.O. "5518
SAN BERNARDINO. CAUF. 1:M11
Telephone (101' 8MoI2t1
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City Of San Bernardino
Fleet Department
182 S. Sierra Way
San Bernardino. CA 92408
RE: Purchase Of 12 Autocar Refuse Trucks
Dear Mr. Johnson
Here is the breakdown for the above referenced purchase
I
Roll Off@ $195,544. each
$195,544.00
777,788.00 . .
3
7
Front Loaders @ 259,263. each
Automizers @ 299.872. each
Rear Loader @ 249,286. each
2,140,765.00
Sales Tax (8%)
249,286.00
5.400.00
$3,368,783.00
269.502.64
1
Doc and Handlin!/, Fee
Total
Fed Excise Tax
EXEMPT
DMV
600.00
Ca Tire Fee
252.00
GRAND TOTAL
$3,639,137.64
Thank you for this opportunity,
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Todd Eff
Commercial Fleet Manager
Prepared By JERRY DALTON
Quote Id : WXLL64 RO
2009-9
Attachment "2"
Prepared For ROLL OrF
CITY OF SAN BERNARDlNO
(
Quote Summary
11/19/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WXLL64 189,568
WXLL CAB - SINGLE LH DRIVE
ADDmONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDmONAL PRICE ADJUSTMENT 1,826
FACTORY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LATE/CANCELLATION FEES 0
ADDmONALSURCHARGE 0
FREIGHT 1,950
QUANTITY
TOTAL EQUIPMENT PRICE 195,544 195,544
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL 0
STATE TAX/OTHER FEES a-(L~ 0 0
TOTAL QUOTE AS SPECIFIED 195,544
~~
Dealer . ~
11/9/ gOO (
Customer Signature
Date
Date
i
Price Level: 200804072009A
Wednesday, November 19, 2008 5:26:35
Page I3 of 24
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Prepared By JERRY DALTON
QuOle Id : WXLL64 CFEL
2009-9
Attachment "2"
Prepared For FRONT LOADE,R
CITY OF SAN BERNARDINO
Quote Summary
11/19/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WXLL64 253,574
WXLL CAB - SINGLE LH DRIVE
ADDmONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDmONAL PRICE ADJUSTMENT 1,539
FACTORY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LATE/CANCELLATION FEES 0
ADDmONALSURCHARGE 0
FREIGHT 1,950
QUANTITY 3
TOTAL EQUIPMENT PRICE 259,263 777,788
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL o...tl ~() 0
STATE TAX/OTHER FEES 0 0
TOTAL QUOTE AS SPECIFIED
h~ 777,788
/t:::J~~- ,
Deal i e
't/'o/R(Yl(
Customer Signature
Date
Date
Price Level: 200804072009A
Wednesday, November 19, 2008 4:39:56
Page I of 3
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Prepared By JERRY DALTON
Quote Id : WXR64 ASL
Quote Number: Q0009115
2009-9
Attachment "2"
Prepared For AUTO~R
CITY OF SAN BERNARDINO
Quote Summary
11/19/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT EACH TOTAL
WX64 299,872
WXR CAB - SINGLE RH DRNE
ADDmONAL PURCHASED COVERAGES 2,200
EPA SURCHARGE 0
ADDmONAL PRICE ADJUSTMENT 1,802
FAcroRY CONTRACT MODIFICATION 0
OUTSIDE CONTRACT FREIGHT 0
LATE/CANCELLATION FEES 0
ADDmONALSURCHARGE 0
FREIGHT 1,950
QUANTITY 7
TOTAL EQUIPMENT PRICE 305,824 2,140,765
TRADE IN (0)
OTHER CHARGES EACH TOTAL
FET 0
FET AMOUNT TOTAL (),.U. .~/~~ 0
STATE TAX/OTHER FEES 0 0
TOTAL QUOTE AS SPECIFIED
2,140,765
Customer Signature
Date
Price Level: 200804072009A
Wednesday, November 19,20086:57:48
Page 13 of 24
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Prepared By JERRY DALTON
Quote Id : WXLL64 REL
2009-9
Attachment "2"
Prepared For REAR LOADER
CITY OF SAN BERNARDINO
Quote Summary
1}f09/2008
All figures are in US dollars
Canadian dealers require Canadian dollars
EQUIPMENT
WXLL64
WXLL CAB - SINGLE LH DRIVE
ADDmONAL PURCHASED COVERAGES
EPA SURCHARGE
ADDmONAL PRICE ADJUSTMENT
FACTORY CONTRACT MODIFICATION
OUTSIDE CONTRACT FREIGHT
LATE/CANCELLATION FEES
ADDmONALSURCHARGE
FREIGHT
QUANTITY
TOTAL EQUIPMENT PRICE
TRADE IN
EACH
TOTAL
243,318
2,200
o
1,818
o
o
o
o
1,950
249,286
249,286
(0)
OTHER CHARGES
EACH
TOTAL
FET
o
TOTAL QUOTE
M (k1-F3; J ~ 0
AS SPECIFIED
o
o
FET AMOUNT TOTAL
STATE TAX/OTHER FEES
249,286
~-'S
er ture
II~m~o
Date
Customer Signature
Date
Price Level: 200804072009A
Tuesday, December 9, 2008 6:09:45 PM
Page 1 of3
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'. ;)~ment "2"
2009-9
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City of San Bernardino
Public Services Department
Fleet Division
Autocar New Truck
Enhanced Warranty/Service Package
}>ForapencKloftwoy-earsfrom the purchase date; any OEM covered warrantable
repairs needed (that ate approved I accepted by the tes~ve manufacturer) will
be either; repaired at the customers site by "j2. R M, or, picked up,
repaired and delivered baCk to the customer by . c7Z.f'M. . . ..; or,
towed to ^. A F/J.Gr.ijh71/1?jf,,,,y- and repaired. The on--site repairs, shuttling,
and/or towing for the covered repairs will be at (to cost to the customer. In the
event that the requested repair is denied warranty compensation by the respe<;tive
manufacturer, then the cost for the provided service will be billed to the customer.
All decisions cqnceming whether to repair at customer site, shuttle the unit or tow
will be made at the sole discretion of ^A-17J~/fT(v#pk .. . "This coverage
applies to all covered chassis and power train warranties, LNG fuel system, and
Methane Leak DeWction Systems and is limited to the dunltion of the warrantY
coverage by the respective OEM Note: The refuse collection body, its controls
and accessories ace not included or covered by this Package. .
);> The Methane Leak Detection Systems on the vehicles will be inspected at the
customer's location, a minimum of three times per yeac in accordance with CHP
title 13 requirements and a "Validation Form" form orovided for any compliant
vehicle. This Service will be performed by' A 1=" fl . (or an agent
appointed byP>PU ') and will start at the Purchase Date of the vehicle and
continue for a 2-yeac period. There will be no cost to the customer fOr the
inspections.
);> At or abOut two years from the purchase of the vehicle, the LNG tank will be "re-
vacuumed". This service will be performed by. ...ru - . . '. (or an
agent appointed by ..,.. f"'(1 -., ) at DO cost to the customer for the "re-vac"
procedure.
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