HomeMy WebLinkAbout2009-295
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RESOLUTION NO. 200Q-295
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $27,909.48 TO
4 FAIRVIEW FORD FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLlNE
VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
5 SERVICES DEPARTMENT.
6 WHEREAS, the San Manuel Band of Mission Indians has donated $30,000 for
7 the purchase of a 2010 15-passenger Econoline Van to be utilized by the Parks,
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Recreation and Community Services Department; and
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11 2010 15-passenger Econoline Van; and
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WHEREAS, Fairview Ford submitted the lowest quote for the purchase of a
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 as Exhibit
"A", and incorporated herein by this reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a purchase order to Fairview Ford in the
amount of $27,909.48 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Fairview Ford for the purchase of a 2010 15-passenger Econoline Van.
Agreement not to exceed $27,909.48" and shall incorporate the terms and conditions
25 of the agreement.
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2009-295
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $27,909.48 TO
FAIRVIEW FORD FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLlNE
3 VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
4 SERVICES DEPARTMENT.
5 SECTION 4. That this purchase is exempt from the formal contract procedures
6 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.040.010 B.3 of said
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Code, "Purchases approved by the Mayor and Common Council".
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SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
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days of the passage of this resolution.
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2009-295
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE O'F A PURCHASE ORDER IN THE AMOUNT OF $27,909.48 TO
3 FAIRVIEW FORD FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLlNE
VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
4 SERVICES DEPARTMENT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a joint regular
7 meeting thereof, held on the 17th day of August
, 2009, by the
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following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
Cd .--J....L /;;. ~
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Rachel G. Clark, City Clerk
"[104
The foregoing resolution is hereby approved this --19;!.o-'" day of
August , 2009.
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2009-295
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6 WITNESSETH:
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9 Econoline Van; and
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16 VENDOR to provide those products and services as set forth in its quote, a copy of which is
17 attached hereto as Attachment "I" and incorporated by this reference.
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2.
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of August 2009, by and
between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
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 a 20 lOIS-passenger
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
vendors for the purchase of a 20 lOIS-passenger Econoline Van; and,
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
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 $27,909.48, for the purchase of a 2010 15-
passenger Econoline Van.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
TERM; TERMINATION.
The term of this agreement shall be from August 17,2009 through June 30, 2010.
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
Exhibit "A"
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2009-295
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agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
of good material and workmanship, free from defects and fee and clear of all liens or
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
services not conforming to the foregoing warranty without expense to the City, when notified
of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
5. 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
Exhibit "A"
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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.
6. 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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
7. 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,
Exhibit "A"
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
8. 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.
9. 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.
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
Exhibit "A"
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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.
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.
Exhibit "A"
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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.
IS. 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. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or .
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. 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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Exhibit "A"
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VENDOR SERVICE AGREEMENT
FAIRVIEW FORD
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6 Dated:
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
(R /04
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,2009
Fa~
By: ~~
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Dated
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,2009
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12 Approved as to Form:
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By
Charles E. McNeely,
Yl
. Penman, City Attorney
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Exhibit "A"
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2009-295
ATTACHMENT "1"
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FAqtVJEWFORD
FLEET'" TRUCK CENTER
808 W.:tad S1'REJ:T
p.o. 8015516
SAN BERNARDINO, CA. 92411
(909) 386-0281 or Fu: (909) 386-0292
=>
07/09/09 19.12:17
Dealer: F71156
paQeI 1 ot 2
Order Type: 5B Price Lavel: 015
PO NulIlber.
VEHlC!.E Ol\llZl\ COlIrl.lllU<TION
2010 ECOlIOL1N3
order lie: 00,00 Priority: H4 Ord FIN: (lCI14
O,rel PEP' 72"lA cust/nt Name: CITY OF SS
RETAIL
538 E350 ~ $OE WGN $32870
138" lIIlUUlASE
yz OXFORD IiHIrE
A 3rt> VNYL llKT ST
E KEDIUK Ii'LlNT
721A PREF EQUIP pKG
. X!. TRIM
219 ; 151' HaCKl' SEATS
.IIISTR ct.tlSTEll.
614 .16" SP~T c~
. !.ESS AIRBIIG SII
574 .AlC, HIGH CAP
587 .ELEC lIM/EM CLK
642 .16" STEEL WHEEL
991. .5.4!. EFI va ENG
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->
440
T38
X34
RETAIL
.11LEe 4-8PD .lWTO
.LT245/75RX16S B
.3.73 !lEG X34
CA BOl\RD FEES
FaT LICENSE llKT
910 all GVlIl\
50 STATE: llKISS
204
425
NC
NC
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TOT1<L BASE JWD OPTIONS 35580
TOtAL 35580
07/08/09 19:12:23
Dealer: F7U56
Page: 2 of 2
Order Type: 58 price %.eveI. 015
PO Number:
VEIlICLE OI\l)EI\. CONTIRHATIClN
2010 ECOIlOL1N3
,order 110: 0000 Priority, H4 ord FIN. QC414
Ozd PEP: 72lA Cust/Flt Name: ClrY OF SlI
UTAIL
47X 11<:11 SOl BUS USE '
536 T_~ II/III/tv
60S DOOR, SLIDING
687 RUNNING B01llUlS
769 BLACK lW\R STEI.'
794 1'IUCE CONCESSII
IU:IW\KS TRAILl1I\
903 PWR IIXNDOWS/LKS
924 GIJlSS, PRIVl\CY
nDLRJICCT.l\DJ
SP I't-r ACCT CR
6 U.S. GAL GAS
B4A
NzT XNV Fl.'!" on
PRICED DORA
OllST AND DELIV
BETAIt.
285
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320
170
TOT1<L BASE JWD OPTIONS 35580
TOTAL 35580
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460
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