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Home My WebLink About2009-013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. 2009-13 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. 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 for the purchase of (4) four 2009 Ford F-250 pick up trucks to be utilized by the Public Services Department Street Division Graffiti Abatement Crew, 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 of San Bernardino has offered a purchase 20 price of $77,760.44 for the purchase of four (4) 2009 Ford F-250 pick up trucks. 21 Pursuant to this determination the Finance Director is hereby authorized to issue a 22 purchase order to Fairview Ford of San Bernardino, in the amount of $77,760.44, 23 which will facilitate the procurement of the four (4) 2009 Ford F-250 pick up trucks. 24 SECTION 4. The Purchase Order shall reference this Resolution No. 2009-...lL exceed $77,760.44" and shall incorporate the terms and conditions of the Agreement. 28 -1- 2009-13 1 2 3 4 5 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEWFORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. 9 //1 10 III 11 12 III 13 14 15 III 16 III 17 III III III 18 III 19 III 20 21 22 III 23 III 24 III 25 III III 26 III 27 28 -2- 2009-13 1 2 3 4 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. 5 6 7 8 meeting thereof, held on the 9 10 11 12 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 re<tular 20th day of January , 2009, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES x ESTRADA BAXTER x 13 BRINKER x 14 15 VACANT 16 KELLEY 17 18 19 20 21 22 23 24 x JOHNSON x MCCAMMACK x Q~.h.~ Racl1el G. Clark, City Clerk is hereby approved this d/s.- The foregoing resolution January ,2009. day of Approved as to Form: 25 26 27 J mes F. Penman, City Attorney 28 -3- 2009-13 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 3. 27 28 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 offour (4) 2009 Ford F-250 pick up trucks; 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 18, 2008, attached hereto, marked Attachment "1" 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 $77,760.44 to provide and perform those products and services described in Section I above. b. No other expenditures made by VENDOR shall be reimbursed by CITY. TERM. The term of this agreement shall be for a period of one (1) year. Exhibit "A" -1- 2009-13 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 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 ofthe 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" -2- 2009-13 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 performed hereunder. 23 24 8. 25 26 27 28 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 BUSINESS REGISTRATION CERTI.FICA TE 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" -3- 2009-13 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 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 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" -4- 2009-13 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 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 ofthe 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 Exhibit "A" -5- 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 2009-13 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 Dated {# '1 , 2009 Approved as to Form: :;.~ By: J sF. Penman, City Attorney ~~ ,.k ~ CITY BERNARDINO Exhibit "A" -6- 2009-13 Attachment "1" FAIRVJEWJ10RD (, I :,i .., FLEET A TRUCK CENTER 8lII w. W S'I1laT P.o. Boa 5516 SAN BERNARDINO, CA. 92412 (909) 386-0281 or Fu: (909) 386-029% "J ' '- ,i '::\ VEIIICLE lXUlER CONI'IIIKATIl>>i 12/18/08 13:17:15 Dealer: F7US6 palle: 1 of 2 Order i'ype: SB Price Level: 930 PO IIIU11ber: -> 1I009 r-SERIES SO Order No: 0000 Pl:lority: BlI Orc! FIlII: QC414 Orc! PEP: SODA CUet/nt NaJUl: SD CITY RI!:'1'AIL 1'20 F250 4X2 SO alc 825118! 137. IlHEELBlISE ZI OXFORD IIIlIn: cc V VIIIIYL BENCiI S MEDIUM S'r(IIB 60DA PREF EQOIP PKG .XL TRIM .TRAILER TOIIE'ICG 572 .AIR COIlDITI~ .l\M/IM STER/CLK 995 . S. 41. EFI VB EIlG IlC 44'1' S-SPD JWTaG\'tIC 1490 TBJ( . L'l'245 IlSW AS 17 X37 3.73 REG AXLE JOB *2 BUILD 422 RETAIL CAL. BONUl FEES IlC FR'l' LIC!IIISE BItT NC 8800* GYlIR PICG CALIF EKISSIONS SPARE '1'ItlE/11HL3 Jl\Clt PlUCE CONCESSIII IlC Me 794 IlC TOtAL BASE AND OPTIONS 27750 TOrAL 27750 Me VEHICLE ORDER CONFIRMATION 12/18/08 13:17.25 Dealer I F71156 Pa9G: 2 of 2 otder 'l'ype: 58 Price Level: 930 PO III\lIIber: -> 2009 !'-SERIES SO Order 11I0: 0000 Priority: 82 Ord 1'111I: QC414 Ord PEP: 60DA CUst/Flt Name: S8 CITY RE'l'AIL REMAl\KS 'l'RAILER SP DLR JlCC'l' ADJ SP FL'1' J\CC'1' CR 13 U.S. GAL GAS B4A NET INV FLT OPT PRICED DORA DEBT AND DELIV NC NC 975 RETAIL ~S Pelc.ed It /799~!!2-. 4. '1 36 8% &tESfqx' g$ I 3 75 0# 8- CJlt,. 'liRE.. FEE, 0 /9440 !J. GlCH. '1'OTJIL BASE AND OPTIONS 27750 TOTAL 27750 ~FJl.- :tJ