Loading...
HomeMy WebLinkAbout27-Public Works CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: 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 one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pickup truck to be utilized by the Public Works Department. Dept: Public Works - Operations & Maintenance (Sewer) Date: May 12, 2011 Meeting Date: June 6, 2011 Synopsis of Previous Council Action Reso 2008-21 January 22, 2008 Reso 2008-22 January 22, 2008 Reso 2008-101 April 7, 2008 Purchase of three Ford F-350 flatbed trucks Purchase of one Ford F-450 Aerial Man lift truck Purchase of one Ford F-450 4X4 Crew cab truck Recommended Motion: 1. Authorize the Director of Finance to amend the FY 2010/2011 Budget and transfer $95,400 from Account Number 132-400-5505-0000-0094 (Other Professional Services) to Account Number 132-400-5701-0000-0094 (Motor Vehicles). 2. Adopt Resolution. ~~., Sig u7 Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Agreement and Attachments 1 and 2. Ward: All FUNDING REQUIREMENTS: Amount: FY 10-11 $95,387.28 Source: Sewer Fund 132-400-5701-0000-0094 (Motor Vehicles) Finance: Council Notes: Agenda Item No. .:27 th~(M-~I( CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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 one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pickup truck to be utilized by the Public Works Department. Background: The Public Works Department, Operation & Maintenance Division is responsible for maintaining 12 lift stations throughout the City. Lift stations are used to help transport liquid wastewater from homes and businesses across the City to a treatment plant for processing and cleaning. Currently, City staff is maintaining the lift stations with a vehicle not suited for this type of work and must resort to borrowing a unit from the San Bernardino Municipal Water Department (Water Department) when available. Fleet staff worked with the Water Department staff and Fairview Ford to facilitate a "piggyback" of their specifications for a Well and Hydrant service truck that will be used to maintain the lift stations. The cost is $71,402.89 including tax (See Attachment "1 "). This unit will have an on-board generator to power the pumps during emergencies and a hoist to lift the pumps, valves and back up engines. The Public Works Department sewer crew currently utilizes unit number 507, a 1997 Ford F-250 with 110,251 miles as the on-call and standby unit for emergencies. However, this unit was involved in a traffic accident and is not repairable. This unit will be sent to auction as surplus. This unit will be replaced with a 2011 Model Ford F-150 4WD extended cab pickup truck at a cost of $23,984.39 including tax (See Attachment "2"). This 4WD unit will be utilized as the first responder during emergency situations. 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." It is recommended that a purchase order be issued for a total amount of $95,387.28 to Fairview Ford of San Bernardino. Financial Impact: Funds for the purchase are appropriated in the Public Works, Operations & Maintenance Sewer section, FY 2010-11 budget account for other professional services (no. 132-400- 5505-0000-0094). Account Number: 132-400-5505-0000-0094 Budgeted Amount: $295,000 Balance as of May 16, 2011: $294,950 Balance after approval of this item: $199,562.72 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued Account Number: 132-400-5701-0000-0094 Budgeted Amount: $0 Balance as of May 16, 2011: $47,652 Balance after approval of this item: $47,652 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendations: 1. Authorize the Director of Finance to amend the FY 2010/2011 Budget and transfer $95,400 from Account Number 132-400-5505-0000-0094 (Other Professional Services) to Account Number 132-400-5701-0000-0094 (Motor Vehicles). 2. Adopt Resolution. 2 Date: To: From: Subject: CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT Nadeem Majaj P.E. -DIRECTOR 300 North 'V" Street San Bernardino, CA 92418-0001 909.384.5140 May 16, 2011 Charles McNeely, City Manager Nadeem Majaj, Director of Public Works City Manager's Approval of Process - Purchases made pursuant to Section 3.04.010(B) (3) and Section 3.04.075 of the City's Municipal Code (Purchases approved by the Mayor and Common Council and emergency purchases approved by the City Manager). DDL Number 82. Fairview Ford was selected as a Sole Source for the following reasons: 1. Ford Motor Company is the only manufacturer of the F-550 model cab and chassis, with an Eagle service body which has been the specified standard for the San Bernardino Water Department Well and Hydrant service trucks for over ten years. Fairview Ford of San Bernardino is the sole local Ford dealer. 2. Fairview Ford will use subcontractor Eagle Truck Body and Equipment of Riverside to piggyback on the Water Department specifications for a sewer lift station maintenance truck and a Ford F-150 4WD extended cab emergency standby/callout truck. These units will be utilized by the Public Works Department Sewer crews. A Request for Council Action entitled, "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 one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pickup truck to be utilized by the Public Works Department" has been submitted and placed on the June 6, 2011 agenda calendar for review and approval. If you support this request please sign the approval Z.. Nadeem Maj~ 7 Director of Public Works Approved By: 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 RESOLUTION NO. 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 ONE 2012 FORD F-550 WITH AN EAGLE SERVICE BODY AND ONE 2011 FORD F-I50 4WD EXTENDED CAB PICKUP TRUCK TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT. 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 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 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 $95,387.28. SECTION 4. The Purchase Order shall reference this Resolution Number and shall read, "Fairview Ford for the purchase of one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pick-up truck. Agreement not to exceed $95,387.28" and shall incorporate the terms and conditions of the agreement. 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) days of the passage of this resolution. III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 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 ONE 2012 FORD F-550 WITH AN EAGLE SERVICE BODY AND ONE 2011 FORD F-150 4WD EXTENDED CAB PICKUP TRUCK TO BE UTILIZED BY THE PUBLIC WORKS DEPARTMENT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2011, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ VACANT BRINKER SHORETT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2011. 25 Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 28 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 PURCHASE AGREEMENT This Purchase Agreement is entered into this 6th day of June, 20 II, by and between Fairview Ford of San Bernardino("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 one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pick-up truck. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide two trucks as set forth in Attachment "I and 2" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the products andlor services delineated above, the City, upon presentation of an invoice, shall pay the Vendor up to the amount of$95,387.28 for one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pick-up truck. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. This purchase shall be completed within FY 10/11. 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. 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 free 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. Exhibit "A" I 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 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 actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the performance of 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$I,OOO,OOO.OO combined single limit, 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. 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, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate as required under 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: Exhibit "A" 2 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 TO THE City: Public Works Department 300 North "0" Street (3rd Floor) San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE Vendor: Fairview Ford of San Bernardino 808 W. 2nd Street San Bernardino, CA 92412 Telephone: (909) 386-0281 Contact: 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 San Bernardino City Attorney's office and the members of his or her office shall be considered "attorney fees" for purposes of this paragraph. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 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. 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. Exhibit "A" 3 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 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. 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. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2011 VENDOR By: Its: Dated ,2011 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney Bz:)""-CcuM Exhibit "A" 4 Attachment "1" F~VIEWFORD FLU:T &: TRUCK CENTER lIOlJ W. 2ad S"I"REJ:T . roO. Bod516 SAN Bl'.RNAItD!No, CA.. 92412 (909) 386-0281 or Fu: (909) 386-0292 ==> Ord.@r No: orel PEP: B4A ==> VEHICLE ORDER CONFIRMATION ~.;l.. -MM F-SERIES SO 0000 Friority: G4 Ord FIN: QC414 660A Cust/FIt Name: CITY OF S5 lU:TAIL $33495 Order No: Ord PEP: F5G F550 4X2 CHAS/C 165" WHEELBASE OXFORD WIlITE VNYL 40/20/40 STEEL PREF EQUr P E'KG .XL TRIM .AIR CONDITIONER . AM/ FM STER/ cue 6.8L EFI VIO eN 5-$PO AUTOMATIC .225 5Si! AS 19.5 4.88 LTO SLU' PAYLO PLUS UPGR 19500* GVWR PKG Order Type: 55 PO Number: 425 JOIl f2 IlUILO 50 STATE EMISS SPARE TIRE/ilHLQ BRAKE CONTROLLR JACK AFT AXLE TANK PRICE CONCESSN n A S 660A 572 99Y 44T TFIl X8L 68M 525 61J 65Z 794 NC 05/09/11 17:57:42 Dealer: F71l56 Page: 1 of 2 Price Level: 150 ReTAIL NC 350 230 NC NC NC NC TOTAL BASE AND OPTIONS 36565 TOTAL 36565 360 1155 VEHICLE OROER CONnRMATION ~/~ .... F-SERIES SO 0000 Priority: G4 OIeI FIN: QC414 660A Cust/FIt Name: CITY OF 58 UTAIL REMllRKSTMlLER SP OLR ACCT AOJ SP FLT ACeT CR FUEL CHARGE NET INV FLT opT PRICED DOM DEST 1IND OELIV Dreier Type: 58 PO Numb..", 05/09/11 17:57:45 Dealer: F71156 Pag-ElI 2 of 2 Price Level: 150 RETAIL Sr.6 ~ICE AH~fA3+,qq:4 65lfCJG~ q% ~ 7.;x g* ~~<f ~L.. 7i~F$ g~ /a~ - ~L.:$ 71'fo;(~ ~. NC NC 975 TOTAL BASE AND OPTIONS 36565 TOTAL 36565 &gJ. nr.d-1Jody Md Equ/pmfInI "lIIlIIM~A"". RI'(8IlIIdtI. CA V~18 -.E"Il..T~_ ~"_D8 F_~1.~1 ~ .~"-:..... Quote. "067 UItI: ,5I5I2lI11 :~~ '.:,~::.:.'~~ ,~~~~,=-:;,"-' ,~~~:.>...._:.~~~~ -l I Ttu,*lnlonnalloll ElItlIMled ....'/l0II1I.....1n__ ',.,IMEW FOItD 2I211Ol\TH "Q" ST. P.o. BC)X S$l1 SAIl BERAADINO. CA 92.'2 j VI" -- I~::.l P.O. 110. ~...i_1 " 1- Fe4a.b4a :",;.:'~:;~ ,~:~~.}-~~~ ;'~~~; ~.::t~~;.~::i:;;: ~.: Zt::'.",~~:;-:~:-~. -,~~~ 1 2,"'1.00 I lMG-GOT ""I_H1.,._IIIION .10 Ga,-'b1. . ApItOng fIlIeMI ,"""" Itoo... . Rv\Ibolt MucI nope .-....- ... u.tc..- Llghla . Pel"""" _ ......tod P"-ltT DMO 'IV ancllry ....,MfnuID SUI"'" 10 Ga. 1)10. _ 1'1_ (por II_ foOt) Ta.c un.~ _1<eI1IGIt11Xtl wit" Up._n.m Mud -.. TIIoAoU lAIIOlt u....>l>o<Iy Tool _ ___ T-Hlnd" w/AJ.."ln"," _0_ 1___TooI_ Cabl.....,..T__~T__ Top_ I_,*"-Mau", T"" _ T.... _ T2x22x18 WlFlip Ud. Sinuf* Door _T....."'" -.-..v_.... __11'0 .EIt'.... .... "'fa C1JU11O'" ........... MlllrA .,...~....- iii' T1I-C L.AIIOIt Ta.c L.AIIOIt A".fw1 0.111 pego, i I i .,1.001 , 'i "'.GOT ! I . 1,om.GOT I 12' kool 1i ::1 111.001 ~ I ai ] I HO.GOT , I 4 -: *00 i , I , ! 1 no.OII! no.GOT ' 1 Il.OO : ".10 ! I , 1 1.Z05.00 i l,2Ot.GOT , , 1LOI1 ".00 , _I _Tb (M16) T<<II I FMIDUU'oQ1 I EIIg/tI TIfJCk 8Wy and equ/pmllht 11899 t.lllgnollll A~. ~. CA 9Z6Oa-481' WWW.huIoTIlIoIdIody._ 1l51-78s.84D1 F_.'.'leI-lI011 '"". .'''''r,...... Quote.- 11087 Date< ~W011 ,...,.,..... .' :.~~-:-':~'~:;:',; ""' . ".=:~-:-~~.~~V: ---'l ..___J I T_ ,"""- -.. Ptlljeatod _1,,,,. IFAllMlWfDRO ..... m _TH "0" 81. Ip,O.BOXWI. I SAIl BeRNAllINO, ~ t2412 I I ~:-o.,. [ l. 1'.0.110. e_...E....u \IN -- Item , T1J.C U..........." Tool IlOl< ....,Ixi. T.H_. "''''minum _ . 2 411.00 ; 'InO.DOT (iurd 1 ! u.e<lR _'_TooIBO_ , 4 88.00 2&0.00 j ! , TB-C u_~ TDOI_ 28lrt0l<f3 T-Hlondltt, Aluminum _ , , 2.G.OO ! HO.ooT 0_ ! LAIlOR ~ToaIlIox i 2 ".00' 130.00 TiIII.GOI pMT ~ ""'tIwm for ~ul.....nt: r High.. %3" Lang, TiIII.ooT ~. Plllit f........ <:en... _, M...._ "",nil ""1I~" I , I PART r HI.... o..~...... Sbl_ _15llIkes wfCape , RUG! UO.ooT PAlU IIulla_ _ ..... tlooIc_per , S2S.00 ; liZll.OOT , PAIIT ..... ......,...,Oftft MI:l..-d AbOv. Center F,.,.,. Box I huol i , 2&O.OOt. I PART 101 "11010 I , ISO.IO I NO.DOT p.I.IlT EI_<i Troller "lUst i " I T5.00T , 7~001 i I "ART -"Alennl7db I " 121.00 i 121.00t I I ~.. -"'ONC:e .'0 ....IN. ti_1 _ _......._ f. ..... Ta CO.o%) ~.. """N~ T",,", .~ Da1Jo ~Z I FWIlllI__l I '. EIIt1IfI rllJdr Body Md Equ/JJmMIt "lIllll M8IP'QIla A.... ~. CA 9210)..18111 _.f1-u...T...o:ldIody....... 951-7__ F_lIIi'-7_" :.-~.~,~,- ' : J~' ':':.r/:-;'~.~~/~:i:~,~ __~~.:r ~~'.,.>~:j1 Quo,. r 11017 Oat.: 1/512011 I TNGkW-_ E_PIOjIioWI__ I FAIlMIW FORIl '2lIINwUH"G"IlT. p.o. BOX IIi' UN 81RNolCIINO, C.I. 8141 Z I~~I VIiiii' ....- P.O."". . ~J...II l ., Ilam ~~~~: ,: ~t ';':.;, :7~'.~;-~~"~ {~;.~~;~~f:~t~~'~l'.t-: .~: ~';~;;~::;:~!:~"~~~?~.~:~'_ PAlU LAIIOR PART LAIIOft 11 2.11 I ,I 4' , 1; 1; ,; 1; Ral4.ir"'HP~ InelIoIl.lI..-.,_ HOI'IiM CJen-..h. .,00 1_&.tIonICenerodDr PMT PART PART U\IIOft PART v.BOR AutoCra..._p!U15 0u1ri8w- Dody Nf..J--"",,* ~_ll.lIonICNne Ambo. -.- Light. Slgnal.IAI"0Z InalIoIl4...wa..... Ugnl ,I 1.51 I I .1 i ! NON-liuu...._. _n-_ IIJfO__ --". UWOIt. JIOU JLl'.---U s ..... T.. (0.11%) TDtil! Accepted o.tII ~3 '. 1,43o.00! f5.ao; I 5.&e$.00 . "'00 j 12,300.00 I I.=t.G01 7$0.00 I 8GQ.CC I 320.00 ! 85-00 ! 1,.QO.1lOT I 112-50 I 5,.....oor: ..00 i I 12,.00.00T 1,32/I.DOT YSO.GOT '00.00 I I 820.00T i 'HO i i , , , 1.00 ...CO ....1.00 I Fod1lllWli..... I Attachment 11211 FAJllVIEW FORD FLEET & TRUCK CENTER 808 W. 2rId STREJ:T p.o. 8oJ. 5516 SAN BERNARDINO. CA. ft412 (909) 386-0281 or Fax: (909) 386-0292 rz A S S021\. ~~> ~HICLE ORDER CONFIRMATION OS/11/11 16:33:03 QC414 Oealer: F711S6 Page: 1 ot 2 O~der Type: sa Price L@vel: 125 PO Nutnber: 2011 F-150 0000 Priority: G3 Ord FIN: 502A Cust/FIt N~me: CITY OF S8 RETA1L $29760 Ot:der No: Ord PEP: xu; Fl50 4X4 SS SIC 145" WHEELBASE OXFORD WHITE VWYL ~OnO/40 STEEL GRAY INT PREF EQUIP PI(G .XL SERIES .AM/FM STEREO .17" GREY STEEL 3 . 7L V6 FFV ENG F;LEC 6-SPO AUTO .P235 llSW A-T 3.73 LTD SLIP 6900* GVWR SLCT SaFT TRANS RETAIL 413 422 36 GAL TANK JOB f 3 ORDER CA BOARD FEES FR.T LICENSE BKT CARPET DELETE SKID PLATES CALIF EMISSIONS 160 NC 64C 99M 446 T7S XB6 ==> NC NC TOTAL BASE ANO OPTIONS 32720 TOTAL 32720 we 300 05/11/11 16:33,06 Dealer: f71156 Page: 2 of 2 o~der Type; 58 Price Level: 125 PO Number: VEHICLE ORDER CONFI~t!ON 20ll F-150 0000 Priority: G3 Ord FIN: QC4l4 S02A Cust/FIt Name, CITY OF SB RET!\.IL $375 Order No: Ord PEP: 535 TRAILER TOW PKG PWR BLACK "'IRR PRICE CONCESSN REMI\l\KS TRAILER POI'IER EQUIP GRP SP DLR !\.CC'1' ADJ SP FLT I\.CCT CIl. FUEL Cill\RGE NET INV nT OPT PRICED DORA DEST AND DELIV llSO RET!\.IL Qus liace:t ~/q96g;L q% ~1A~ g# /979 q!i ~.1iRE.. fEE. :- ~ g ~ ~t-g#d39g<j.~ ~. 794 851\. B4/1 NC NC 97S TOTAL BASE !\.NO OPTIONS 32720 TO~AL 32720 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 PURCHASE AGREEMENT This Purchase Agreement is entered into this 6th day of June, 2011, by and between Fairview Ford of San Bernardino("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 one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pick-up truck. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide two trucks as set forth in Attachment "I and 2" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor up to the amount of$95,387.28 for one 2012 Ford F-550 with an Eagle service body and one 2011 Ford F-150 4WD extended cab pick-up truck. b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. This purchase shall be completed within FY lOll!. 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. 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 free 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. I 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 S. 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 actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the performance of 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$I,OOO,OOO.OO combined single limit, 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. 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 oftheir race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate as required under 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: 2 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 TO THE City: Public Works Department 300 North "D" Street (3'd Floor) San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE Vendor: Fairview Ford of San Bernardino 808 W. 2nd Street San Bernardino, CA 92412 Telephone: (909) 386-0281 Contact: 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 San Bernardino City Attorney's office and the members of his or her office shall be considered "attorney fees" for purposes of this paragraph. Attorneys' fees for the City Attorney and members of his office shall be calculated based on the market rate for comparable services. 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. 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. 3 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 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. 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. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2011 VENDOR By: Its: Dated ,2011 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney B~~m1JU.~ 4 Attachment 111" F~VIEWFORD FLEET -" TRUCK CENTER 108 W. %ad S'I1lD:I' , 1'.0. Bod516 SAN BJ:RNARDINO. CA.!n4U (909) 386-0281 or Fas: (909) 386-0292 ==> Order No: ord PEP: B4A ==.> VEHICLE ORDER CONFIRMATION &l0l.;l., _ F-SERIES SO 0000 priority: G4 Orct FIN, OC414 660A Cust/Flt Name: CITY OF SB lU:TAIL $33495 Order No: Ord PEP, F5G F550 4X2 CHAS/C 165. WHEELBASE OXFORD WHITE VNYL 40/20/40 STEEL PREE' EQUIP PKG ,XL TRIM . AIR CONDITIONER .AM/FM STER/eu< 6.8L EFI VIO \;N 5-SPb AUTOMATIC .225 BSW AS 19.5 4.88 LTD SLU' PAYLD PLUS UPGR 19500* GVWR PKG 425 5211 6lJ 65Z 794 Ne Order Type: 5B PO Number: JOB n BUILD 50 STATE !MISS SPARE TIRE/W!lLQ BR/IKE eONTROLLR JACK AFT AXLE TANK PRICE COIlCESSN 05/09/11 17:57:42 Dealer, F71l56 Page: 1 of 2 Price Level: 150 RETAIL NC 350 230 NC Ne NC NC TOTAL BAS\; AND OPTIONS 36565 TOTAL 36565 360 1155 VEHICLE ORDER CONE'rRMATION ~/;t ..-t F-SERIES 50 0000 Priority: 04 Ord FIN: QC414 660A Cust/FIt Name: CITY OF sa ItETAIL 05/09/11 17:57:45 Dealer: F71156 Page: 2 of 2 Price Level: l50 flETAIL &.es R{/CE A(~t9JfA3+~ fIl65l.j9G&' q% ~ 7.;)( g * 589<1~1 C9l- 71R€.FEE.. gsr I&~ - ~i.J$ 71'foQ~ 5IcJ./ . NC NC 975 TOTAL aASE AND OPTIONS 36565 TOTAL 36565 Zl A S 660A 572 99Y 44T TE'B X8L 68/1 REI1ARKSTRAILER SP DLR ACCT ADJ SP FLT ACCT CR Ji'UEL CHARGE NET :i:NV Ji'LT OPT PRICED DORA OBST lINO OELIV Order Type: 5B PO Numbe", &gJ. nwt- tkJdy MId Equ/pmfInt !lI11l9M~A.... R~.CA i~18 -.E0i8..T......e..Iy_ 9I>!-7I6-&IDII F_lIa1-7t6-6(j11 ~ ~'-":...... Quote. UOfT DI., - 51ll12lt11 -l I Ttu'* '"forma_ M...... PI'oftOlld _Ill_ ,_~:;.~, ~.~,::.:..:':"~-:~fi~;~-r-; ~:\.,.;;~~~:.;..F~~. I '1IJIMEW_b 212~"G"ST. I P.O. B(IIC.". SAN 1lER1WlIND. CA 92412 ! .J I ~::"I V1NlJ P.D.No. .- -, eu._...li_1 1- F8-1_ ~~;-~;;~~ "~-,~.<<' ;~~' ,~::-~~~. (-:~~~~:<~~-~~t:~~:~= :-.' , ~~~ 1 2,41'.00 ~_GOT .,,1'__lIJtIlttooJCllllftl'll .100.,...._ -ApjIiOng ~ .. Hop.__ .Ilu_ Mud ,..... ._....0- ."de -"'UghU .PlII___ PAAT t~;D"*" Aluminum BulkhIH tlMf 10 11&. 010. _1'1_ (porllnHI 'aot) Ta.c un.",~ _MlIIGl<1IXII wIr' Up._inum Ilud -.. l'BoA4' ~It U"*,l'bocIy Tool" M;r1"1' T -Hand'" -/Alwnln..-n _0...... '_T__ Call1MlItyleTOOI_.,,,.14dO T-_ Top_ .".,....lIcInIMcou'" T"" _ T..... _ T2x22x" WlFlip Ud. Single Ooar I____TOOI_ T1I-C L.AIIOIt TIW: L.AIIOIt i 111.001 , 1; fr'.OOT ! I , 1 ,f..OOT I 12.' auol ; l' "1.00 nt.OOTi I ai uo.oo NO.OOT ~ 4 -: *_00 i . nO.OOT ! 1 no.oo! 1 -: ".00 I I i , 1 1.t05.00 j l,201.00Ti 1 1&.00; ".00 : I _Tb (M") TtItN 110II-....,_.... ~ ~ ..... .IEGIN. _ _nMl_.... ........,... MOrt r -,:7W.....".tA e- A~ o.re Pogo, I FMIDI_..of1 I EIIIfl/fI r/llCfc 8I.1dy iIfIt1 equ/pmsht "Ollll "'-anol.. A.... ~. CA v.!(iQMe1e -...ElOIlllr",oIdIody._ 1I51-78$.84lJl1 F_ .'.785401, ~ '~~."""""". 1\.~"""'''' ,":.r_:.o::Jl---,.":-"...1- .-l"".h.-<.""':''Y\,''it'p ~ " ,'.. ,.-', d.. _ .._ _;.;... _ Quote.- 11017 one: "512011 I I T""'" 1",,"",- ~PNj. tlLJltrioel~ I FAlIlYIIW FORO IUt _nt "0" 'T. /P.o.BOXWf8 ISMBPNADIHO.CA .M12 i ----.-l . ____J I ":;-o-p r I. v..- -- P.O.... .'" I,.." T-.c LABOR u....~ TooI_ _'Ilrl. T.H_. -''''..num Mud <Juard 1_I~Tool._ T&.C LAIIOR ! U......_, T..... lox 2lIx10l<'13 T...,.... Aluminum Mud , GuM'd I 1_"""-""'17001 Box i , I PART ~ '''''If>..m for Equ!IlIll.nt: r Hleh" 23" Lang. In. P'alt flour. C.n.... Divldor. Maunlod "",,,nd HT.1I*N PART r HI'" 0._ PlI...... SlJoInIaM ...., $l!Ikn wlCapo 1 PUT Full..... _ .. tlook_per 1 PAllT ...., - ........... MoIIIltH Abav. Center F...". 110. T PUT ~HIell" 1 i I PAAT EI_c T....or Plug ; l' ; I PART -"Alannl7db I " I 1lOlMIiIPuMDA... _rr 0IiI(;" Ill'. B..aINI a_, ...,.,-- ,.. .... Tox (0.0%) I.A8OIIt .. I. l~N~ TOUf 'A~ o.n. P_Z '. e_E......1 2 41'.00 : 'V:IOMT ! euo ZCO.GO I 2'UDi m.GOT .UO' 130.00 721.00 711.OOT I I "0,00 j IlIO.GOT 5U.OO 1iZO.00T , HUO Ma.oot i 180.00 I m.IIOT I 75.DOT ruo I 121.oo! 12t.ooT I 4 f 2 I FtlflllUI",_, I &gill rflJdr Iktdy IIftd Equ/ptnM1t ". M....... A.... ~~d8. CA lao_111 _.~"'T...cldIady....... 951.7~ F_llli'-7I!&-$Ol1 ""IIj....,:;-- Quo. 11oe7 Oat.: II/lII2011 IT......~_ EelI_ ProjNtlod __ ~ ,~.:r~~ t>;"; :~~~l'~..;!:~ ~.. ~,~~:r- ~ ),..~~:i~ I FAlRIIlIW fClftD . JIll NQIUt!"G" llT. P.o. BOX 011 UN BIRN,lQNQ, CA '141 Z I~~: 111* 1',0. No. ....- ., . ~i..oil l ..... ..'I' . ,II' 'e.. ~~d"T"f; T;:;IT~'ig..!:rl(61;,>~:n-:;:;'l ~1i.\" cJ"'~~~f~"~':~I'~~0' "', ",->.:') ,,',,', ~,:.:.:..,:,-::r-:;"':,.,.Ir.~.;"-,, '~'~f7~".ftf:"~,r,.:;.!\;j:, ~.' i~;..',:"'~:-'~~',-::~~' :.' "",~' :,- rl/.,". , 'r- .. l_ _.<,'.......\... . it';'"., \Jii,::~;~~,;.. .1:/0."... ..."'......._~~;.;.. -' ," .~ .._....o:r PAlU LAIlOIt 11 1.11 ,I ~, -"';r"'HP~ J...""lrianlComp_ H__.,oo l_laUllrlIGe.....1Dr PART I..AIIOR PMU PART PART ~II PART l.ABOfl AuIoC.."._PIU'5 Oulriew- IIOd)' IW,.l\ilI_.... I'eCWy _lllIlIonICrInot Ambor __ ~ight, 8lgnallllat.,OZ 1_1eli<lr44o..... ~""l '.~I I , , -I I I NON-liuuNDUUI _rr _""1iI1'O ....... ---- ......,.. .ort Rl'~" , s ..... to. (D.~) TDti/l Accepted o.t!t 1'.3 , ,i 1i ,; i; ',430.00 ! ...00 i I $.~oo, .... oct ~ 12,300.00 I '''21.00 7~,OOI iOQ.OO I 320.00 ! 1IS.oo! 1,4JO.OOT I 1I;!.60 I S,....GOT : 210.00 i 12,..OOT 1,325.00T 7110.00T 100.00 I I 3ZQ.OOT i 8T.1O I I , 1.00 10.00 "'51.Del I FodfDI__ I Attachment "Z" F~VIEWFORD FLEET A TRUCK CENTER 808 W. %ad STRD:T P.O. Bu 5516 SAN BERNARDINO, C\. 924n (909) 386-0281 or Fax: (94);) 386-0292 n A S 502A --> QC414 Order Type: sa PO NuntbeJ;: 2011 F-150 0000 Priority: G3 Ord WIN: 502A Cust/FIt Name: CITY OF SB RETAIL $29760 Ot:'der No: Ord PEF: xu FISO 4X4 ss SIC 145" ilHEE:LBASE OXFORD WHITE VlNYL 40nO/40 STEEL GRAY INT PRE);" EOUlP PKG . XL SERIES . AM/FM STEREO . I7 K GREY STEEL 3.7L V6 FFV ENG ELEC 6-sPO AUTO .P23S :sSW A-T 3.73 LTD SLIP 6900. GVWR SLCT SIlFT TRANS ~HICLE ORD~R CONFIRMATION 05/11/11 16:33:03 Dealer: F711S6 Page: 1 of 2 Price L@vel: 125 RETAIL 113 422 36 GAL TANK JOB f3 ORDER CA BOARD FEES Fl1.T LICENSJ:: BKT CARPET DELETE SKID PLATES CALIF EMISSlONS 160 NC 64C 99M 446 T7B XB6 ==> NC NC TOTAL BASE AND OPTIONS 32720 TOTAL 32720 NC 300 VEHICLE ORDER CONFIRMATION 05/11/11 16:33:06 Dealer: F71156 Page: 2 of 2 58 Price Lev@l: 125 Order No~ Ord PEP: .011 F-lSO 0000 Priority: G3 Ord FIN: QC414 502A Cust/FIt Name: CITY OF SB RETAIL $375 535 TRAILER TOW PKG PWR BLACI( MIRR PRICE CONCESsN REMARKS TRAILER POWER EQUIP Gl\P SP DLR ACCT ADJ SP FLT ACe'!: ell. FUEL CHARGE NET INV Ft.T OPT ~RICED roM DEST AND DI::t.IV Oxder Type; PO Number: 1150 RE:TAIL ~ Race:ft !)lo/16~ q% S:tEstA'X gr/l; 1<179 ~ ~.1iPE.. FEe. :- ~ g ~ ~t- g 1$ ~39g<J.~ ~. 794 B5A B4A NC NC 975 TOTAL BASI:: AND O~TIONS 32720 TOTAL 32720