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HomeMy WebLinkAbout23- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCILQ(RW;'NA L From: Randy Kuettle, Acting Director Subject: A Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an agreement and issuance of a Date: May 6, 2010 purchase order to Fairview Ford of San Bernardino in the amount of $78,412.68 pursuant to section 3.04.010-63 of the Municipal Code for the purchase of one (1) 2011 F-450 reserve Paramedic Squad Vehicle, to be utilized by the Fire Department. Meeting Date: May 17, 2010 Synopsis of Previous Council Action 9/07/06, Reso 2006-308, Approved agreement with the County of San Bernardino to provide Fire protection and Paramedic services in unincorporated areas. 3/19/07, Reso 2007-86, Approved purchase of Paramedic Squad Vehicle from Fairview Ford of San Bernardino. 11/3/08, Reso 2008-408, Approved amendment to agreement with American Medical Response and authorize funding for the Purchase of a reserve Paramedic Squad. Recommended Motion: 1. Authorize the Director of Finance to amend the FY 09-10 Budget by appropriating $32,600 from the Fire Development Impact Fee Funds to Account Number 262-482- 5701, in accordance with this staff report. 2. Adopt Resolution. Signature Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Agreement, Quote and Specifications. Ward: All FUNDING REQUIREMENTS: Amount: $78,412.68 Source: 262-482-5701 (Emergency Operations Motor Vehicles) h Finance: Council Notes: "e pz�y0-�f3 Agenda Item No. S-17-Zolo CITY OF SAN BERNARDINO OFFICE OF THE PUBLIC SERVICES DIRECTOR INTER-OFFICE MEMORANDUM TO: Charles McNeeley, City Manager FROM: Don Johnson, Public Services Fleet Division DATE: April 26, 2010 SUBJECT: 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. COPIES: Randy Kuettle, Acting Director of Public Services Fairview Ford was selected as a Sole Source for the following reasons: 1. Fairview Ford is the same local vendor that has supplied the majority of the non- apparatus Fire fleet including the Paramedic Squad Vehicle purchased in 2007. 2. Fleet staff has found it to be more cost effective to standardize types of vehicles and equipment for better operational economy. Fewer brands of parts must be stocked and mechanic training is specialized and more thorough. 3. The existing Paramedic Squad is a Ford F-450 chassis with a Taylor-Made body; this reserve unit will be the same Ford F-450 chassis with a Pacific truck body that was designed with similar features and compartments. So when the frontline unit is in for service equipment transfer to the reserve unit will be fast and easy. 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 in the amount of $78,412.68 pursuant to section 3.04.010-B3 of the Municipal Code for the purchase of one (1) 2011 F-450 reserve Paramedic Squad Vehicle, to be utilized by the Fire Department." has been submitted and placed on the May 17, 2010 agenda calendar for review and approval. Don W. Johnson Fleet Services Division Manager App oved By: Ch rtes McNeeley City Manager 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 in the amount of $78,412.68 pursuant to section 3.04.010-63 of the Municipal Code for the purchase of one (1) 2011 F-450 reserve Paramedic Squad Vehicle, to be utilized by the Fire Department. BACKGROUND: On September 5, 2006, the Mayor and Common Council approved resolution 2006-308 authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide Fire and Paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2006 through June 30, 2011. The revenue from this agreement allowed the City to reclassify and hire fire personnel to establish and purchase a paramedic squad. On November 3, 2008, the Mayor and Common Council approved resolution 2008-408 authorizing the City of San Bernardino Fire Department to amend the existing agreement with American Medical Response Inland Empire. The contract continues to benefit both agencies and the citizens of San Bernardino. However, as operating expenses increased, it became necessary to review the amount saved through the contract, reevaluate the contract language, and make appropriate changes. The original contract is performance based. It requires that the Fire Department respond to all emergency medical service (EMS) calls in 7 minutes, 59 seconds or less on 90% of the calls for service. One step that the Fire Department will need to take to help ensure that this performance standard is met is to purchase a reserve Paramedic Squad vehicle. The City purchased a new paramedic response vehicle in 2007 to accommodate the addition of a two-person paramedic squad at fire station 226. The vehicle is the only one of its type in the Fire Department. In order for the paramedics to respond 24/7, it is necessary to have a reserve vehicle to accommodate regular maintenance on the primary vehicle, and to provide back up in case the primary vehicle breaks down. According to the City of San Bernardino Development Impact Fee Calculation and Nexus Report of 2006, the acquisition of additional fleet "...is required to meet the needs of the 39% increase in calls-for-service to new development....but are being kept to a minimum. " The report authorizes the purchase of four (4) Squad Vehicles. Due to the specialized nature of this equipment there are no local vendors able to supply it. However, Fleet staff has negotiated with Fairview Ford of San Bernardino to be the primary vendor for this purchase. The vehicle and subsequent build up will be purchased through Fairview Ford for a total amount of $78,412.68 including tax. Fairview will use a sub-contractor, Pacific Truck Equipment Inc. of Whittier CA, and Johnson Equipment Co. of Perris, CA. for the build up of the specialized equipment to meet the Fire Department specifications. X23 s-n-rb CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued Attached for your review is the quote from Fairview Ford, Johnson Equipment Co., Pacific Truck Equipment Inc. and the technical specifications delineating the model, parts, and warranty for the Fire Department Paramedic Squad Vehicle, (see Attachment 1). FINANCIAL IMPACT: Funds for this purchase is available in Account Number 262-482-5701 (Emergency Operations Motor Vehicles) in the amount of$78,412.68. Account Number 262-482-5701, Budgeted Amount: $45,900 Balance as of May 6, 2010: $45,900 Balance after approval of this item: �0. In addition, staff will appropriate $32,600 from the Fire Development Impact Fee Funds to Account Number 262-482- 5701 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred but not yet processed. RECOMMENDATION: 1. Authorize the Director of Finance to amend the FY 09-10 Budget by appropriating $32,600 from the Fire Development Impact Fee Funds to Account Number 262-482- 5701, in accordance with this staff report. 2. Adopt Resolution. I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO IN THE AMOUNT OF $78,412.68 PURSUANT TO SECTION 4 3.04.010-133 OF THE MUNICIPAL CODE FOR THE PURCHASE OF ONE (1) 2011 F- 5 450 RESERVE PARAMEDIC SQUAD VEHICLE, TO BE UTILIZED BY THE FIRE DEPARTMENT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager of the City of San Bernardino is hereby 9 authorized to execute on behalf of said City an Agreement between the City of San 10 11 Bernardino and Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" 12 and incorporated herein by reference as fully as though set forth at length. 13 SECTION 2. This purchase is exempt from the formal contract procedures of 14 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 15 Code "Purchases approved by the Mayor and Common Council". 16 SECTION 3. That Fairview Ford has offered a purchase price of $78,412.68 for 17 a 2011 F-450 reserve Paramedic Squad Vehicle, which includes tax pursuant to 18 19 Section 3.04.010 B-3 of the Municipal Code. 20 SECTION 4. The Purchase Order shall reference this Resolution Number and 21 shall read, "Fairview Ford of San Bernardino for the purchase of one (1) 2011 F-450 22 Reserve Paramedic Squad Vehicle" and shall incorporate the terms and conditions of 23 the Agreement. 24 SECTION 5. The authorization to execute the above referenced Purchase 25 26 Order and Agreement is rescinded if not issued within sixty (60) days of the passage 27 of this Resolution. 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN BERNARDINO IN THE AMOUNT OF $78,412.68 PURSUANT TO SECTION 3 3.04.010-63 OF THE MUNICIPAL CODE FOR THE PURCHASE OF ONE (1) 2011 F- 450 RESERVE PARAMEDIC SQUAD VEHICLE, TO BE UTILIZED BY THE FIRE 4 DEPARTMENT. 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 Mayor and Common Council of the City of San Bernardino at a 8 meeting thereof, held on the day of 2010, by the 9 following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 , 2010. 24 Patrick J. Morris, Mayor 25 City of San Bernardino Approv s to form: 26 27 ames F. Penman, City Attorney 28 1 VENDOR SERVICE AGREEMENT 2 3 This Vendor Service Agreement is entered into this 17th day of May 2010, by and 4 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 5 Bernardino"). 6 WITNESSETH: 7 WHEREAS,the Mayor and Common Council have determined that it is in the best 8 interest of the CITY to contract for the purchase of a 2010 F-450 reserve Paramedic Squad 9 Vehicle; and 10 11 WHEREAS, the City of San Bernardino has determined that vendor possesses the 12 professional skills and ability to provide said services for the City; 13 NOW, THEREFORE, the parties hereto agree as follows: 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 16 services of VENDOR to provide those products and services as set forth in its proposal dated 17 18 March 5, 2010, attached hereto, marked Attachment "1" and incorporated herein by this 19 reference as fully as though set forth at length. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 pay the VENDOR up to the amount of $78,412.68 for a 2010 F-450 reserve 23 Paramedic Squad Vehicle and perform those products and services described in 24 Section 1 above. Total amount not-to-exceed $78,412.68 for a 2010 F-450 reserve 25 26 Paramedic Squad Vehicle. 27 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 28 Exhibit"A" -I- 1 3. TERM. 2 The term of this agreement shall be for a period of one (1)year. 3 This Agreement may be terminated at any time by thirty (30) days prior written notice 4 by either party. The terms of this Agreement shall remain in force unless amended by written 5 agreement of the parties executed on or before date of expiration of current term of the 6 agreement. 7 8 4. INDEMNITY. 9 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 11 any kind and nature arising from bodily injury, including death, or property damage, based or 12 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 13 subcontractors, relating to or in any way connected with the accomplishment of the work or 14 15 performance of service under this Agreement, unless the bodily injury or property damage was 16 actually caused by the sole negligence of the City, its elected officials, employees, agents or 17 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 18 own expense, including attorney's fees the City, its elected officials, employees, agents or 19 representatives from any and all legal actions based upon such actual or alleged acts or 20 omissions. Vendor hereby waives any and all rights to any types of express or implied 21 22 indemnity against the City, its elected officials, employees, agents or representatives, with 23 respect to third party claims against the Vendor relating to or in any way connected with the 24 accomplishment of the work or performance of services under this Agreement. 25 5. INSURANCE. 26 While not restricting or limiting the foregoing, during the term of this Agreement, 27 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 28 Exhibit"A" _2_ 1 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 2 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 3 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 4 additional named insured in each policy of insurance provided hereunder. The Certificate of 5 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 6 7 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 8 change or termination of policy. 9 6. NON-DISCRIMINATION. 10 In the performance of this Agreement and in the hiring and recruitment of employees, 11 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 12 discrimination in employment of persons because of their race, religion, color, national origin, 13 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 14 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 15 16 12940 of the California Government Code. 17 7. INDEPENDENT CONTRACTOR 18 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 19 purposes VENDOR shall be an independent contractor and not an agent or employee of the 20 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 21 22 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 23 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 24 employees, and all business licenses, if any are required, in connection with the services to be 25 performed hereunder. 26 27 28 Exhibit"A" 3 1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. mhool 2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 3 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 5 to practice its business or profession. 6 9. NOTICES. 7 8 Any notices to be given pursuant to this Agreement shall be deposited with the United 9 States Postal Service, postage prepaid and addressed as follows: 10 TO THE CITY: Public Services Director 300 North"D" Street 11 San Bernardino, CA 92418 12 Telephone: (909) 384-5140 13 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2nd Street 14 San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 15 Attn: Todd Eff 16 10. ATTORNEYS' FEES 17 18 In the event that litigation is brought by any party in connection with this Agreement, 19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 24 fees" for the purposes of this paragraph. 25 26 27 28 Exhibit"A" -4- 1 11. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 7 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 12. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either.in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this 21 22 Agreement and their respective heirs, representatives, successors, and assigns. 23 15. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 27 28 Exhibit"A" -5- 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 7 8 9 10 11 12 13 14 HI 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" -6- 1 VENDOR SERVICE AGREEMENT FAIRVIEW FORD SALES INC. 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 Dated: , 2010 Fairview Ford Sales, Inc. 6 By: 7 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By: Charles E. McNeely, City Manager 11 Approved as to Form: 12 By: 13 James F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit"A" -7- 1 VENDOR SERVICE AGREEMENT 2 3 This Vendor Service Agreement is entered into this 17d' day of May 2010, by and 4 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San 5 Bernardino"). 6 WITNESSETH: 7 WHEREAS,the Mayor and Common Council have determined that it is in the best 8 interest of the CITY to contract for the purchase of a 2010 F-450 reserve Paramedic Squad 9 Vehicle; and 10 11 WHEREAS, the City of San Bernardino has determined that vendor possesses the 12 professional skills and ability to provide said services for the City; 13 NOW,THEREFORE, the parties hereto agree as follows: 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 16 services of VENDOR to provide those products and services as set forth in its proposal dated 17 18 March 5, 2010, attached hereto, marked Attachment "1" and incorporated herein by this 19 reference as fully as though set forth at length. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 pay the VENDOR up to the amount of $78,412.68 for a 2010 F450 reserve 23 Paramedic Squad Vehicle and perform those products and services described in 24 Section 1 above. Total amount not-to-exceed $78,412.68 for a 2010 F-450 reserve 25 Paramedic Squad Vehicle. 26 27 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 28 -1- 1 3. TERM. 2 The term of this agreement shall be for a period of one (1) year. 3 This Agreement may be terminated at any time by thirty (30) days prior written notice 4 by either party. The terms of this Agreement shall remain in force unless amended by written 5 agreement of the parties executed on or before date of expiration of current term of the 6 agreement. 7 8 4. INDEMNITY. 9 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 10 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 11 any kind and nature arising from bodily injury, including death, or property damage, based or 12 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 13 subcontractors, relating to or in any way connected with the accomplishment of the work or 14 15 performance of service under this Agreement, unless the bodily injury or property damage was 16 actually caused by the sole negligence of the City, its elected officials, employees, agents or 17 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 18 own expense, including attorney's fees the City, its elected officials, employees, agents or 19 representatives from any and all legal actions based upon such actual or alleged acts or 20 omissions. Vendor hereby waives any and all rights to any types of express or implied 21 indemnity against the City, its elected officials, employees, agents or representatives, with 22 23 respect to third party claims against the Vendor relating to or in any way connected with the 24 accomplishment of the work or performance of services under this Agreement. 25 5. INSURANCE. 26 While not restricting or limiting the foregoing, during the term of this Agreement, 27 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 28 _2_ 1 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory © 2 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 3 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 4 additional named insured in each policy of insurance provided hereunder. The Certificate of 5 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 6 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any 7 8 change or termination of policy. 9 6. NON-DISCRIMINATION. 10 In the performance of this Agreement and in the hiring and recruitment of employees, 11 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 12 discrimination in employment of persons because of their race, religion, color, national origin, 13 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 14 15 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 16 12940 of the California Government Code. 17 7. INDEPENDENT CONTRACTOR. 18 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 19 purposes VENDOR shall be an independent contractor and not an agent or employee of the 20 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 21 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 22 23 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 24 employees, and all business licenses, if any are required, in connection with the services to be 25 performed hereunder. 26 W 27 28 -3- 1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 3 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 5 to practice its business or profession. 6 9. NOTICES. 7 8 Any notices to be given pursuant to this Agreement shall be deposited with the United 9 States Postal Service,postage prepaid and addressed as follows: 10 TO THE CITY: Public Services Director 300 North"D" Street 11 San Bernardino, CA 92418 12 Telephone: (909) 384-5140 13 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2nd Street 14 San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 15 Attn: Todd Eff 16 10. ATTORNEYS' FEES 17 In the event that litigation is brought by any party in connection with this Agreement, 18 19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 22 provisions hereof The costs, salary and expenses of the City Attorney and members of his 23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 24 fees" for the purposes of this paragraph. 25 26 w 27 28 -4- 1 11. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 7 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 12. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 15 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this 21 Agreement and their respective heirs,representatives, successors, and assigns. 22 23 15. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 27 11, 28 -5- 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 /// 7 8 9 10 11 12 13 IL i 14 15 16 17 18 19 20 21 22 23 24 25 26 /// r 27 28 -6- 1 VENDOR SERVICE AGREEMENT FAIRVIEW FORD SALES INC. 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 Dated: ,2010 Fairview Ford Sales, Inc. 6 By: 7 8 9 Datcd 2010 CITY OF SAN BERNARDINO 10 By: Charles E. McNeely, City Manager 11 Approved as to F 12 By: 13 Jiifnes F. Penman, Crty Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- 03/17/2010 10:30 9093860292 Attachment 4c 1 6FF PAGE 02 0 FAIRVMW FORD FLEET& TRUCK CENTER am W.hd ffIRM PAL$a SM6 MN as MAILDI N 0,CC M12 (909)386-Ml or Fax: (909)386-0292 VEHICLE ORDER CONFIZQMTION 03/05/10 16:35:54 Dealer: P71156 2011 T°SERIES SD Page: 1 of 2 Order No: 0000 Priority; D2 Ord PIN: OC414 Order Type: 59 Price Level: 120 Ord PEP: 6-93A Cunt/Flt Name: BE CITY FIRE PO Number: RETAIL RETAIL N4G F450 4X2 CRN CC $39985 lea MOLDED BLK STEP 6370 176. 11IUELHASE 16500# GVMR MG F1 VMULLIW RED 425 50 STATE EMIS5 NC 3 40/20/40 CLOTH JOB #1 BUILD S STEEL SPARS TnM 653A PAEF EQUIP p14G / 'O 350 61,7 JACx NC .XLT TRIM 54N .TET TT NIR-PMR TOTAL BASE AND OPTIONS 43085 .AMWCD/CIX XLT VALUE DISCOUNT (1000) 99Y 6.81, EFI VIC EN NC TOTAL 42085 44T 5-SPD AUTOMATIC NC 7aB .225 BSN AS 19.5 X8L 4.88 LTD SLIP 360 CAL. BOARD pM NC 166 CARPET DELETE (50) VEHICLE ORDER CONFIRMATION 03/05/10 16:36;05 d� Dealer; F71156 2011 F-SERIES SD Page: 2 of 2 Order No: 0000 Priority: D2 Ord FIN: OC414 Order Type: 5B Price Level: 120 Ord PEP: 653A Chat/Flt Name: SB CITY FIRE PO Number: RETAIL RETAIL 794 PRICE CONCESBN 81095 SkEs M1CF, 4.4&C T 7/%r7 M REARS TWI" SP MR ACCT ADJ roi -73 2' SP FLT A= rR FUEL CHARGE 5 B4A NET i FLT OPT NC CAC, OE 0 it / PRICED DORA NC DEST AND DELIV 975 -�- o , . 7E(I 6� TOTAL BASE AND OPTIONS 43085 ., XLT VALUE DISCOUNT (1000) TOTAL 42085 i 03/17/2010 10:30 9093860292 VAL EFF PAGE 03 Attachment "1" JOhNSON Fqt)ME=WCO. Quote l FIRE E-@taIFMENT {_FS 2165 Wt UCE AwalF, Pumas U 9251(3 Td' (950 940"M 2/18/201 D 718 Bill To: Ship To: Fairview Ford Fairview Ford 292 North G Street 292 North G Street San Bernardino,CA 92410 San Bernardino,CA 92410 s •Y .,¢ + Net 30 Penis,Go W San Bernardino... 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'-Lights,2 Red Opmr lashing fights,2 Amber Opmk flashing I j 16ghts 795H emitter j i 1.00 i FS lJTM4 'Unitrol Siren Toudnmaster siren with 20M switch 1 526.69 525.897 ;oopedty,(5)W circuit(6t1A),(6)acasaory swtches, i [manual,air horn,vs8,yelp,(5)sweep Loves + 1 1.00!FS UPKM-3 ;IOC Park Siren Deactivator module,all siren models j 28-06+t 28.087; 1.00f FS UMNCT-SB jMWophorre.Omaga/Souchmaster/60K,allndard 3i 28.061 78A6ri inoiso-cencel ing 7.00 i CPt SAD4314ABF35.1 f Compact Speaker,Driver,-nwwgh4he-Bumper'"Mound. 218.90 i 216.90T j 2008 Fad F Series SD i 1.00;CPI SAP4314408F35.1 Compact Speaker,Passenger,' hrough4he-Bumper" 218.901 218MT ?-Mount,2008 Ford F Series SD 1.00;SO ETHFSS-SP4SO Select-A-Pattem Headlight Flasher W 18'wire leads for 39.11: 39,11T; positive side switched headlight systems requiring ?electrical molaton j 2.00;C3 LXEX1 F-R Red S'mgle Head Flashing LED X Light wl Alum. Bezel i 157.72; 315.44T i 2.00:C3 LXEX2F-WR Red/Clear Stacked Duat Head Flashing LED X L#d w/ 346.9851 893A7T j I^ ;Alum.Bezel(Vide Optics) _.i�....._.. l _._..__..__._...__.____._..,__,._......._...__._.._._....____ _.__........_... ......__.__.._...__.. ..__....._____._-._...... Sulttctal ..._..__....�..._..._.._ Sales Tax(0.076) I signer Total _........................_..... ._..... _ __._.._ ..._._............Rage_,....._......._.........�..^._.._.............._....... ...... _.__. 03/17/2010 10:30 9093860292 VAL EFF PAGE 04 Attachment "1" JOIiNSON E F1h1EW Quote FIRE FOUtPMeNT SALES 2lWwAkmAvm,F, Preis c4 92570 T& (9 9) "0,( ,U6 f 2I B/2010 718 Bill To: Ship To: Fakview Ford Fairview Ford 292 NOM G Street 292 Norttl G Street San Bemardkho,CA 92410 San Bernardino,CA 92410 t 39 1 Pelrle,GI G,l Sarl 0418rdir10... m 2.00!C3 LXEX2F-RR Red I Red Raclad Dual Head Flashing LED X Ught wy 315 435 630.077 :Alum.Bezel 1 2.001 C3fi5PKG4 14 x 6 LED Stop/Tun/rail and Reverse Llghts with 65STR, 538.01 ! 1,076.027;. I `65TA,SSW,65R,Quad Stock Housing 2.00 VM BOOP0000.04 _Hercules IV 10 Node t 729.30' 1,458.60T! 1.00 i 13us 185150E-011 '150 Arr4 Switchable Reset Circuit Breaker ! 20.35 j 20.36T 3.00!Bus 1560010-20 13 10 Pole ATC Fuse Block,250-Mete Quids Disconnects 10,44` 31.32T':. 1.00�Twy CC-FHD20FB Vehide-spec{Bc 20"console dealgned w/plaltemr to I 500.50' 500,507! mount atom padded file box(extrsavide console i ) 3 1.00Troy ACFMD-DAShI i Metal dash plate to replace OEM dash.Was to 7115! 73.16Tj i :accommodate CC-FHD20-FB 1.00 Troy AC•FHDFB ':Udded file box deswgned to work with CCFlD20-FB 250251 250.25T i console 1100.'Troy AC-FHDPAD s Large leather pad sized to fit on Rd of AGFHDFB 73.15! 73.15' 1.00;Troy AC-FHD2043Kr ;Necessary only In a 40.2040 scot truck,These Boor 61.60 61.80T brackets are identical to ones exposed when factory 1 ! 'console is removed.Console K designed to attach to :these ! 1 1.00{Troy ACa1Al:EWAV 'Hatnass cover—From end of file box to back seat I 77.003 77.007! 1.00;Troy KP-FHDRPIATE 'Flat lack plate to cover gap between Boor and back seat f so as 80.857! 1.00[Troy AC-INTBFi-G 4"Internal beverage holder wtrubber fngtxe 53.901 53 WT' 2.00;PE PPf 112vdc marine grade socket 7.14€ 1428T 1 1.00;FS LF16ES-LED mspli¢A 18",On/Off switch control 88.13 86.137 !1} 1.00;HS CD-CL-12-M )SpetBgK CL-12,100 Wan, 1 g0 Watt, 12 Vofls,Handheld, 187.88: 187.86T j 7"Diameter with ma..twy switch 1 1.00 l HS C0.3MB-CL !Spotlight,CL-12,Optlon,Dash mohnt bracket 1846' 18.48T I 1.001 ML RX1019 1 Mag Clrerger rechargeable Bashoght system with 12 volt 1 94.08 i 94.067 1 ...._____.� 1 DC dgarene Ii�Fdar adapter lard 120 volt AC convener .. _......_._. � '.__ i . I $UbtOtA( (' Saks Tax(0.076) --� { 81fnmre TOW 03/17/2010 10:30 9093860292 VAL EFF PAGE 05 Attachment °1" JOhNSON EAMFnrr o. (quote l-1.RE E0j-;jRMC—r4T"SLALEE Z(IS%WAYAm&eo-*E)Pam CA 92WO r ; vlerzolo 715 881 To: Ship To; Fairview Ford Fairview Ford 292 North G Street 292 Nodh G Street son Bemardrro,CA 92410 San Bernardino, CA 92410 Net 30 Perna.Ca GJ _San Bernardino- 1.00 � ;C3 D50C Back up alarm,97db,12vdc j 1899; 18.99T 1 1,00;Kus 091-09-121s10T Auto charge 4000 Super 10t 821.04 i 821.04Tf 20.D0 LB AY-9200-021 STAND ALONE Luma Bari'21"(CLEAR VO.11TE)wf 51228 i /,024ABr I I i ALUMINUM EXTRUSION ( 1.00;Mot M20URS9PW 1AN ;XTL 5000 MOBILE 10-35 WATT, 764-570MHZ 4,532.53; 4,632.53T? 2.00;Ant M� f 314"Brans Mt,1 T Tetflex 12.99; 251W 2.00;Ant OW8W 808-896 MHz unity 114 Quarter Wave An6ama 4.775 i 9.55T 1 2.00:-DCH3432 Over The Head Headset 270.875; 541.757! 1.001.Avc SC550K i Dash Mount-Extreme Noise"8 pace%ft single radio 426.66' t interface 2.00 i Avc 10500-U Universal Jack Box 93.93 s 187.56T' 2.00 Ave 10515 Sin91e Remote PTT 73.92; 147.847; 1.00:Avc 10535 !Dud Jack Box, Crew 3 a 4 90.08; 90.0571 . 1.00.Avc 10432-20 I F,xfenaton Cade fix Radio,200 66.75: 66167± 3.00';Ave 10444 Ex6eneim cede for intercom to pcimox,2011 66.71Q67: 200247; = 2.00;Avc 10441 i Extension Cade for Intercorn to Jack Box,5 R 29.995' 59MT'; 1.00':Ave P0600 'Motorola Radio Interface for Motorola xTL 159.56; 1%66T1 1.001 Mot FKN4367 1 CABLE,20 FT DB-9 M-F 51 92 51 WTI 1.00;GJ 7160-0227-02 1 Universal MAO Docking Station-Version 2.0 for 779.551 779.55T I {Panasonic Tough600k 27/2829!30-Dual RF 1.00;GJ DS-138 I Flat,vertical surface vehicle base.Attaches to upper pole_ 4024 4024T! t Ideal for nrounting communication equipment to angina 1.00{GJ CiLE\nS 0-90 ;Tin Swivel Attachment(90 Tilt) 1 50.621 56.627[ 1.001 GJ QADJ-UPPER-M Quick arguer upper tube assembly with 8"top plate. 6425 8425T:1 f Allows height adprAment of 2"-626'above loaner wine_ i Use wtih DS-LOWER-9 or base with welded pole. 1.00;Mot WPLN4208B (Vehicular Charger j 331.501 331.507( I 1.00;ORE HIC900 Hi Idle System for Ford_Superduty _�.. 203.50; 203.50T' 1 - .. , j Subtotal WM Sales Tax(0.0%) spnaaxe Total 1 f OS/17/2010 10:30 9093860292 VAL EFF PAGE 06 Attachment "1" JOhNSoN E4PMEW Co, Quote f=JRF FOUtPMENT SALES � 21M w Am"x, Powis cA 92570 T&M)9404W 211812010 ': 710 801 To: Ship To: Fainnew Ford Faevww Ford 2.92 North G Street 292 North G Street San Bernardino, CA 92410 San Bernardino,CA 92410 c a = Net 30 Perris,Ca w i San Bernardino...j R ilv 1.00 ADC 1 1 75 Any Votlage Sensing Timer 102.30 702.307 1.00 tt lArK park h0ec ba"cable,wire,fuses end hardware 1,000.00! 1,000.007 1.00 FmWt i Shaping Charges 300.001 300.00 i 1.00:Libor tnam9atiwr Labor 6,6w,00 6,500.00 I i i r r � r � ; 1 t i Subtotal 328,004.34 Sales Tax(0^ 50.00 i Total $ 8,004.34 j _ _ — L?0009 03/17/2010 10:30 9093860292 VAL EFF PAGE 07 QUOTATION oacific "Mb"Sm' ent inC. �1 11655 e.Washington blvd. whinier,CA 90606.2424 DATM 562/464-9674 faX 562/464-6067 P, , TERMS— i 2/10!2010 rat I /a EST188ATE! 1487 DATR.I�GIU6{TTEp TNU*K"ff DAT9 To. �od�fCFili /v:f M,.CA z/10 010 TO FROM: BRYAN HARGRAVE 0 Bu PACIFIC TRUCK EQUIPMENT BH a TK7Ni SHIP RE:SAN BERNARDINO FIRE DEPT r r CA 91M To DUAL- TI �VRL OR,I PKM r zXT.CM M I QUA - 0101cmPT1041 UNITPRICE Sob TOW A 1 1084022 1/2 49 Vs PAINTED AND MOUNTED 7,3DD.00 7,3=5 B 1 ROTARY LATCHES 0.00 O.00T C 1 POWDER COATED BUMPER PER SPEC - 0.00 O.00T D 1 ROCK GUARDS 0600 O.00T E I HITCH AND PLUG 0100 0.00T F I PAINT BODY FIRE ENGINE RED 0.00 O.00T G I LEGALLIGHTS 0.00 O.00T Sub Total $7,300.00 Sales Tax $0.00 Total $7,300.00 03/17/2010 10:30 9093860292 VAL EFF PAGE 68 Attachment "I" �— t l 4 S G W 4 m fu w Cl —oc�a O� �1rs �n ^1J