HomeMy WebLinkAbout2009-346
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RESOLUTION NO. 2009-346
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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 IN THE AMOUNT OF $53,900 TO FAIRVIEW
FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010 B.3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF TWO (2) YEAR 2010 FORD CROWN
VICTORIA POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT.
NOW, THEREFORE, 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 $26,924.12 including tax pursuant to Section 3.04.010 B-3 of the Municipal
Code for the purchase of two (2) 2010 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 $53,900, which
will facilitate the procurement of the two (2) 2010 Ford Crown Victoria Police
Interceptors.
SECTION 4. The Purchase Order shall reference this Resolution Number and
shall read, "Purchase of two (2) 2010 Ford Crown Victoria Police Interceptors, P.O. not
to exceed $53,900" and shall incorporate the terms and conditions of the Agreement.
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2009-346
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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 IN THE AMOUNT OF $53,900 TO FAIRVIEW
FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010 B.3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF TWO (2) YEAR 2010 FORD CROWN
VICTORIA POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this Resolution.
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2009-346
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 IN THE AMOUNT OF $53,900 TO FAIRVIEW
FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010 B.3 OF THE
MUNICIPAL CODE FOR THE PURCHASE OF TWO (2) YEAR 2010 FORD CROWN
VICTORIA POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
City of San Bernardino at a j oint regular
Mayor and Common Council of the
meeting thereof, held on the 2nd
following vote, to wit:
Council Members: AYES
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
JOHNSON x
MCCAMMACK x
day of November
, 2009, by the
NAYS ABSTAIN ABSENT
The foregoing resolution
November ,2009.
~~.1 );1. ~
Rae el G. Clark, City Clerk
is hereby approved this ;L day of
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2009-346
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of November 2009, by
and between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Comnlon Council have determined that it is in the best
interest of the CITY to contract for the purchase of two (2) Year 2010 Ford Crown Victoria
Police Interceptors; 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 the same products and services as set forth in its proposal
dated February 26, 2009, attached hereto, marked Attachnlent "I" 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 $53,900 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.
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Exhibit "A"
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2009-346
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3. TERM.
The term of this agreement shall be for a period of one (1) year.
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 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
Exhibit "A"
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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.
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.
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Exhibit "A"
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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 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 "attonleys'
fees" for the purposes of this paragraph.
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Exhibit "A"
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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 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. 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 PURSHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clean of all
Exhibit "A"
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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 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 calendar days notice
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
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 subj ect 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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'lENDOR 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
By:
Dated 1uzJ 5"
, 2009
as to Form:
EXHIBIT "A"
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Attachment "1"
2009-346
@
-,
FAIRVJEWFORD
FLEET ," TRUCK CENTER
"w.WSTRDT
..0. Bos 5516
SAN BERNA.RDINO. CA.. !n4IJ
(~) 386-0281 or Fu: (909) 386-0292
->
(65)
02/26/09 15:51:20
Dealer: F71156
2009 CROWN VICTORIA Page: 1 of 2
Ord FIN: QC414 Order Type: 58 Price Level: 920
CITY OF S8 PO Number;.
RETAIL
HORN/SIREN PREP $40
SILICONE HOSES 320
PMR DRIVER SEAT 380
CAL EM NOT REQD
KEY CODE 1294X
VEHICLE ORDER CONFIRMAfICfi
Order No: 0000 Priority:
Ord Code: 730A Cust/I'lt Huse:
RETAIL
P71 POLICE INTERCEP $27215
A: M664~ B: H6373L c:
H CLTH BUCKETS/RR
N CHARCOAL BLACK
730A ORDER CODE
. DUAL EXHAUST
.17" STEEL SPARE
.MANUAL AIR cam
_ ENG IDLE METER
99V .4.6L OHC FIV va
44Q .ELEC AOO TlU\NS
Tel .P235/55R17 ssw
CAt. BOARD FEES
14T TRUNK PACK
FRT LICENSE BKT
-:..>
VEHICLE ORDER CONFIRMATION
2009 CROWN VICTORIA
Order No: 0000 Priority: Ord FIN: QC414
Ord 'Code: 730A cu.st/Flt .Nme: CITY OF S8
RETAIL
478 C/LAMPS DISABLE $20
SlY DUAL SPOT LAMPS .340
53K NOISE SUPPRESS 95
61H DECKLD REL IP/D 60
638 SKOICERS PACIO\GE 10
61P. RR DR HND lNOP 25'
76A . BLACK BOMPERS NC
794 PRICE CONCESSN
90B LH/lUI PANELS .
936 CAL SD VEH EXP
948 RR WINDON DEL
968 FRT MLDG UNINST
DSO/SPO OPTIONS
S5>>213 PAINT CHARGE
SP DLR ltCC't AOJ
2485
NC
25
30
907
175
171
21A
423
435
50
TOTAL BASE AND OPTIONS 32155
TOTAL DBO/SPa OPTIONS 907
TOTAL 33062
He
NC
Ne
He
190
Ne
02/26/09 15:51:27
Dealer: F11156
paqe: 2 of 2
Order Type: 58 Price Level: 920
PO N\.1IDber:
~TAIL
. 4
. B4A
Sf FLT ACCT CR
u.s. GAL GAS
NET nw Fl.! OPT
PRICED DORA
DEST AND DELIV
NC
Ne
875
TOTAL BASE >>II) OPTIONS 32155
TOTAL DSO/SPO OPTIONS 907
TOTAL 33062
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Attachment "1"
20()9-346
FAIRVIBW FORD - RETAIL - Work Sheet
CUstomer: I Stock # ~ <NEW>
Home. phi: I Purchase:
work: Ph#: 1 Trade"In: N/A
Salespan: I. Bank
:=;==========a=~========.=..=========~G==========..=~========m;======~=========~=;==
price 24,693.00
Accessories .00
91J{, Sales Tax 2,222.37
Service Agreement .00
cash price 26,915.37
OMV' .00
Tire Fee 8.75
Insurance Premiums .00
Total Purchase 26,924.12
Trade-In .00
LeSS pay-Off .00
Ne.t. Trade-In .00
Deferred DOwn .00
Amount paid Now .00
Total DOwnpayment .00
Amount Financed 26,92'.12 ~H.
CUSTOMER'S ACCEPTANCE