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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order in the
amount of $77,760.44 to Fairview Ford
of San Bernardino pursuant to Section
3.04.010-B3 of the Municipal Code for
the purchase of (4) four 2009 Ford F-
250 pick up trucks, to be utilized by the
new Public Services Department Graffiti
Abatement crew.
From: Ken Fischer, Director
Date: January 8, 2009
Meeting Date: January 20, 2009
Synopsis of Previous Council Action
9/29/2008 - Police Ad Hoc Committee recommended approval.
11/3/2008 - Mayor and Common Council authorized the City Manager to begin work on
the transition to a City operated graffiti removal service.
12/15/2008 - Approve In-house Graffiti Abatement Operation budget
Recommended Motion:
Adopt Resolution.
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Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Quote, Specifications, Resolution, and Agreement.
Ward: All
FUNDING REQUIREMENTS:
Source:
$77,760.44
001-403-5701
Motor Vehicles
Amount:
Finance:
Council Notes:
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Agenda Item No. 1JI
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an agreement and issuance of a purchase order
in the amount of $77,760.44 to Fairview Ford of San Bernardino pursuant to Section
3.04.010-B3 of the Municipal Code "Purchases approved by the Mayor and Common
Council" for the purchase of (4) four 2009 Ford F-250 pick up trucks, to be utilized by
the new Public Services Department Graffiti Abatement crew.
Background:
On November 3, 2008 the Mayor and Common Council authorized the transition to a
City operated graffiti removal service and City operated board up and property
abatement services. On December 15, 2008 the Mayor and Common Council approved
the budget for the City operated graffiti abatement operation. Included in the approved
budget are funds to purchase (5) five new 2009 Ford F-250 pick up trucks and outfit
them with spray equipment.
Fleet staff has negotiated with Fairview Ford of San Bernardino for this purchase.
Fairview Ford has offered a purchase price of $19,440.11 each for a total of $77,760.44
including tax for four trucks (see attachment #1). These trucks will have the standard
manufacturers three years or 36,000-mile bumper to bumper warranty, as well as a five-
year or 60,000 mile power train warranty. The spray equipment will be furnished by CCI
Paints of San Bernardino and installed after the trucks are delivered.
The Street Division is using current staff and vehicles for the initial start up of the new
Graffiti Abatement Program and is making every attempt to have a program that meets
the needs of the community in an efficient and effective manner. Our program is
temporarily using a truck that we use for weed spraying. We need one new vehicle so
we can return this vehicle to weed spraying duties. A second truck we are using will be
assigned to the new leadworker position that will handle private property abatements.
One of the new trucks will allow for return of this vehicle for property abatement. A third
truck we borrowed from the sign crew. A new truck is needed so we can return the sign
crew truck and have two crews out to work on signs. A fourth truck was borrowed from
the sewer maintenance crew. A new truck is needed so we can return the vehicle to the
sewer maintenance staff that we are in the process of hiring.
We can forego the purchase of the fifth truck previously authorized. We are using the
truck previously assigned to the now vacant Streetlight/Signals Supervisor and we do
not anticipate filling this position at this time.
Financial Impact
Funds for this purchase are available in the FY08/09 Account No. 001-403-5701,
Motor Vehicles.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO
FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND
COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK
UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT
GRAFFITI ABATEMENT CREW.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Fairview Ford of San Bernardino for the purchase of (4) four 2009
Ford F-250 pick up trucks to be utilized by the Public Services Department Street
Division Graffiti Abatement Crew, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Fairview Ford of San Bernardino has offered a purchase
price of $77,760.44 for the purchase of four (4) 2009 Ford F-250 pick up trucks.
Pursuant to this determination the Finance Director is hereby authorized to issue a
22 purchase order to Fairview Ford of San Bernardino, in the amount of $77,760.44,
23 which will facilitate the procurement of the four (4) 2009 Ford F-250 pick up trucks.
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SECTION 4. The Purchase Order shall reference this Resolution No. 2009-
and shall read, "Purchase of four (4) 2009 Ford F-250 pick up trucks, P.O. not to
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exceed $77,760.44" and shall incorporate the terms and conditions of the Agreement.
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO
FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND
COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK
UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT
GRAFFITI ABATEMENT CREW.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if the Agreement is not executed by all parties
within sixty (60) days of the passage of this resolution.
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO
FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND
COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK
UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT
GRAFFITI ABATEMENT CREW.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
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9 following vote, to wit:
day of
, 2009, by the
10 Council Members:
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AYES
ABSTAIN ABSENT
NAYS
ESTRADA
BAXTER
BRINKER
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VACANT
16 KELLEY
17 JOHNSON
18 MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2009.
day of
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Approved as to Form:
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase offour (4) 2009 Ford F-250 pick up trucks;
and
WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
F or the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
December 18, 2008, attached hereto, marked Attachment"]" and incorporated herein by this
reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $77,760.44 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be for a period of one (1) year.
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part 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. INSURA..l\'CE.
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 S; I ,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
,
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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 ail 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.
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,
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1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 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
A TTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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ASSIGNMEl\T.
VENDOR shall not voluntariiy 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
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written consent. /Uly attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12, VENUE,
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
proVISIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
FAIRVIEW FORD SALES INC.
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
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Dated:
Dated
.2009
.2009
Approved as to Form:
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By:
J
sF. Penman, City Attorney
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
City Manager
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Attachment "1"
FAIRVlEWFORD
FLEET & TRUCK CENTER
801 W. 2ad STREJ:T
P.o. Bu 5516
SAN BERNARDINO, CA. n4U
(909) 386-0281 or Fax: (909) 386-0292
VEHICLE ORDER CONFIIlHATION
12/18/08 13:17:15
Dealer: !"71156
paqe: 1 ot 2
Order Type: 5B price Level: 930
PO Number:
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2009 F-SERIES SO
Order No: 0000 Priority: B2 Ord FIN: QC414
Ord PEP: 600A Cust/Flt NaJII8: SB CITY
RETAIL
F20 F250 4X2 SD R/c $25285
137. liHEELBASE
Zl OXFORD lIlIITE CC
V VINYL 8E:NC11
S MEDIUM STONE:
600A PREF EQUIP PKG
.XL TRlM
. '!'RAILER TOIi PKG
572 .AIR CONDlTIONl:R
.AM/~ 5TER/CLK
995 .5.41. EFI V8 E:NG
44T 5-SPD AlITctlATIC
TBK .LT245 8511 AS 17
X37 3.73 REG AXLE:
JOB *2 BUILD
422
RETAIL
CAL. BOARD FEES NC
FRT LICENSE BKT NC
8800* GVIlR PKG
CALIF EKISSIOIiIS
SPJ\!\E: TlRE/1IHL3
JACK
PRICE: CONCESSN
NC
Ne
794
NC
TOTAL BASE AND OPTIONS 21750
TOTlIL 277 50
NC
1490
HC
2009 F-SERIES SO
Order No: 0000 Priority: 82 Ord FIN: QC414
Ord PEP: 600A eust/F1t Name: 58 CITY
RETAIL
REMl\RKS TRAILER
Sf DLR ACCT ADJ
SP FLT ACeT CR
13 U.S. GAL Gl\S
B4A NET INV FLT OPT
PRICED. DORA
DEST 1\Nll DELIV
Order Type:
PO Number:
12/18/08 13:17:25
Dealer: F71156
Paqe: 2 ot 2
58 price Level: 930
VEHICLE ORDER CONFIRMATION
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NC
NC
975
RETAIL
~5 PRICE.J$ /799d~
8% SlLES fAx.. g $ 1439 ~~
o#' 8-
6u... '1JRE- FEE 0
/9440 JJ
&iCH.
TOTAL BASE AND OPTIOIlS 27750
TOTAL 27750
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