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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:
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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.
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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 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:
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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"
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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"
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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"
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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"
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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
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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
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13
14
15
16
17
18
19
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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
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2
3
4
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9
10
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12
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14
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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
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10
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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
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7
8
9
10
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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
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q% ~ 7.;)( g * 589<1~1
C9l- 71R€.FEE.. gsr I&~
-
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5IcJ./ .
NC
NC
975
TOTAL aASE AND OPTIONS 36565
TOTAL 36565
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572
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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