HomeMy WebLinkAbout21- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION R l G 1NAL
From: Ken Fischer, Director Subject: 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: July 23, 2009 Purchase Order in the amount of
$27,909.48 to Fairview Ford for the
purchase of a 2010 15-passenger
Econoline Van to be utilized by the
Parks, Recreation and Community
Services Department.
Meeting Date: August 17, 2009
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution. V-7
Signature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Ward: All
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "'I"
FUNDING REQUIREMENTS: Amount: $27,909.48
Source: Donation — by the San
Manuel Band of Mission
Indians. Account No. 123-
828-5945 (Recoverable
Expense)
Finance:
WCouncil Notes: T sy
Agenda Item No. 2l
&A'V.na
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 in the amount of
$27,909.48 to Fairview Ford for the purchase of a 2010 15-passenger Econoline Van to be
utilized by the Parks, Recreation and Community Services Department.
Background:
The Parks, Recreation and Community Services Department contacted the San Manuel
Band of Mission Indians in 2006 and requested a donation to fund for the purchase of a
15-passenger van in support of the Department's programs. In March 2009, staff was
notified that the San Manuel Band of Mission Indians Business Committee had approved
funding in the amount of$30,000 to assist the Department with the purchase of the van.
Staff contacted the following three local vendors for a quote on this vehicle purchase:
Company Location Bid Amount
Fairview Ford San Bernardino $27,909.48
Crest Chevrolet San Bernardino (No Bid)
Moss Brothers Dodge San Bernardino (No Bid)
Crest Chevrolet indicated that the company that provides the 15-passenger vehicles
closed the plant and are no longer available for purchase. Moss Brothers Dodge stated
that they only provide 12-passenger vans and could not supply the 15-passenger van.
Fairview Ford was the only local vendor able to supply the 15-passenger van.
The 15-passenger van will be used by recreation staff to transport program participants to
and from activities, deliver materials and supplies to program sties, and ensure volunteer
workers are shuttled between park work locations. The van will be utilized primarily by the
Recreation Division to supplement programs in trips and tours and center events.
Additionally, the Parks Maintenance Division will enlist the vehicle to transport volunteer
and work sentence laborers with tools and equipment. Currently, the Department does not
have a vehicle with enough seating to accommodate more that 4 adult employees or
volunteers at a time. This van will be the first in the Department fleet with higher
passenger capacity, providing a long needed resource to the Department.
Since staff requested quotes rather than bids, staff is requesting that the purchase be
made pursuant to Municipal Code Section 3.04.010-133, "Purchases approved by the
Mayor and Common Council." Staff submitted the memorandum to the City Manager's
office on August 3, 2009.
Financial Impact:
The San Manuel Band of Mission Indians donated funding in the amount of $30,000 for the
purchase of a 15-passenger van in support of the Parks, Recreation and Community
Services programs; the funding is available in Account No. 123-828-5945 (Recoverable
Expense) in the amount of $27,909.48.
Recommendation:
Adopt Resolution.
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: July 31, 2009
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: Ken Fischer, Director of Public Services
Fairview Ford was selected as a Sole Source for the following reasons:
1 . Fairview Ford has worked with the City of San Bernardino for several years
providing service for the City's Fleet Division and is the only dealer currently able
to supply a 15-passenger van.
2. We contacted several local vendors to purchase the 15-passenger van, but
they were unable to provide the vehicle for the following reasons:
A. Crest Chevrolet- the Company that provides this vehicle closed the plant and
they are unavailable for purchase.
B. Moss Bros. Dodge- they only make a 12 passenger van.
A Request for Council Action has been submitted and placed on the August 17th
agenda calendar for review and approval.
Don W. Johnson
Fleet Services Division Manager
l oved By:
Char4MAy
City Manager
(COPY
1 RESOLUTION NO.
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 IN THE AMOUNT OF $27,909.48 TO
4 FAIRVIEW FORD FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLINE
VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
5 SERVICES DEPARTMENT.
6 WHEREAS, the San Manuel Band of Mission Indians has donated $30,000 for
7 the purchase of a 2010 15-passenger Econoline Van to be utilized by the Parks,
8
Recreation and Community Services Department; and
9
WHEREAS, Fairview Ford submitted the lowest quote for the purchase of a
10
11 2010 15-passenger Econoline Van, and
12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
13
SECTION 1. The City Manager of the City of San Bernardino is hereby
14
15 authorized to execute on behalf of said City an Agreement between the City of San
16 Bernardino and Fairview Ford, a copy of which is attached hereto, marked as Exhibit
17 "A", and incorporated herein by this reference as fully as though set forth at length.
18 SECTION 2. That pursuant to this determination the Director of Fina:ice or her
19 designee is hereby authorized to issue a purchase order to Fairview Ford in the
20
amount of $27,909.48 for FY 09-10.
21
SECTION 3. The Purchase Order shall reference this Resolution Number and
22
23 shall read, "Fairview Ford for the purchase of a 2010 15-passenger Econoline Van.
24 Agreement not to exceed $27,909.48" and shall incorporate the terms and conditions
25 of the agreement.
26
27
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 IN THE AMOUNT OF $27,909.48 TO
FAIRVIEW FORD-FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLINE
3 VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
4 SERVICES DEPARTMENT.
5 SECTION 4. That this purchase is exempt from the formal contract procedures
6 of Section 3.04.010 of the Municipal Code, pursuant to Section 3.040.010 B.3 of said
7 Code, "Purchases approved by the Mayor and Common Council".
8
SECTION 5. The authorization to execute the above referenced Purchase
9
Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
10
11 days of the passage of this resolution.
12
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-- 27
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■
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 IN THE AMOUNT OF $27,909.48 TO
FAIRVIEW FORD-FOR THE PURCHASE OF A 2010 15-PASSENGER ECONOLINE
3 VAN TO BE UTILIZED BY THE PARKS, RECREATION AND COMMUNITY
4 SERVICES DEPARTMENT.
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the day of 2009, by the
8
following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16
JOHNSON
17
18 MCCAMMACK
19
20
Rachel G. Clark, City Clerk
21
22 The foregoing resolution is hereby approved this day of
2009.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to Form:
26 By: 4w-/o � F/�
27 JEftes F. Penman
Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 17th day of August 2009, by and
3 between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San
4
Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
g and in the best interest of the CITY to contract for the purchase of a 2010 15-passenger
9 Econoline Van; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
11 vendors for the purchase of a 2010 15-passenger Econoline Van; and,
12
NOW, THEREFORE, the parties hereto agree as follows:
13
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in its quote, a copy of which is
17 attached hereto as Attachment"I" and incorporated by this reference.
18 2. COMPENSATION AND EXPENSES.
19
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
20
pay the VENDOR up to the amount of$27,909.48, for the purchase of a 2010 15-
21
22 passenger Econoline Van.
23 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
24 3. TERM; TERMINATION.
25 The term of this agreement shall be from August 17, 2009 through June 30,2010.
26 This Agreement may be terminated at any time by thirty (30) days prior written notice
27
by either party. The terms of this Agreement shall remain in force unless amended by written
28 Exhibit"A"
1
1 agreement of the parties executed on or before date of expiration of current term of the
2 agreement.
3
4 4. WARRANTY
5 Vendor expressly warrants that all products and services supplied to City by Vendor
6 under this Agreement shall conform to the specifications, drawings or other description upon
7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable,
8 of good material and workmanship, free from defects and fee and clear of all liens or
9
encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect
10
11
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
12 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
13 services not conforming to the foregoing warranty without expense to the City, when notified
14 of such non-conformity by City. If Vendor fails to correct the defects in or replace non-
15 conforming goods or services promptly, City may, after reasonable notice to Vendor, make
16 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
17
purposes of this section shall not be deemed to require more than 60 calendars days notice
18
19 before commencement of efforts by the City to effect cover or a cure except upon written
20 agreement of the Parties.
21 5. INDEMNITY.
22 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
23 agents or representatives, free and harmless from all claims, actions, damages and liabilities of
24
any kind and nature arising from bodily injury, including death, or property damage, based or
25
26 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
27 subcontractors, relating to or in any way connected with the accomplishment of the work or
28 Exhibit"A"
2
I performance of service under this Agreement, unless the bodily injury or property damage was
2 actually caused by the sole negligence of the City, its elected officials, employees, agents or
3 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
4
own expense, including attorney's fees the City, its elected officials, employees, agents or
5
6 representatives from any and all legal actions based upon such.actual or alleged acts or
7 omissions. Vendor hereby waives any and all rights to any types of express or implied
8 indemnity against the City, its elected officials, employees, agents or representatives, with
9 respect to third party claims against the Vendor relating to or in any way connected with the
10 accomplishment of the work or performance of services under this Agreement.
11 6. INSURANCE.
12
While not restricting or limiting the foregoing, during the term of this Agreement.
13
_ 14 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
16 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
17 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
18 additional named insured in each policy of insurance provided hereunder. The Certificate of
19
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
20
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
21
22 change or termination of policy.
23 7. NON-DISCRIMINATION.
24 In the performance of this Agreement and in the hiring and recruitment of employees,
25 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
26 discrimination in employment of persons because of their race, religion, color, national origin,
27
28 Exhibit"A"
3
1
1 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
2 sexual orientation, or any other status protected by law.
3 8. INDEPENDENT CONTRACTOR.
4
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
5
purposes VENDOR shall be an independent contractor and not an agent or employee of the
6
7 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
9 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
10 employees, and all business licenses, if any are required, in connection with the services to be
11 performed hereunder.
12
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
13
14 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
15 certificate pursuant to Chapter 5 of the Municipal Code. and any other licenses, permits,
16 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
17 to practice its business or profession.
18 NOTICES.
19
Any notices to be given pursuant to this Agreement shall be deposited with the United
20
States Postal Service, postage prepaid and addressed as follows:
21
TO THE CITY: Public Services Director
300 North "D" Street
23 San Bernardino, CA 92418
Telephone: (909) 384-5140
24
TO THE VENDOR: Fairview Ford Sales Inc.
25 808 West 2nd Street
26 San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
27 Attn: Todd Eff
28 Exhibit"A"
4
1 10. ATTORNEYS' FEES.
2 In the event that litigation is brought by any party in connection with this Agreement,
3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
4
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
5
6 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
7 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
9 fees" for the purposes of this paragraph.
10 11. ASSIGNMENT.
11 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
12 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
13
14 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
15 and shall constitute a breach of this Agreement and cause for the termination of this
16 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
17 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
18 hereunder for the term of this Agreement.
19
12. VENUE.
20
The parties hereto agree that all actions or proceedings arising in connection with this
21
22 Agreement shall be tried and litigated either in the State courts located in the County of San
23 Bernardino, State of California or the U.S. District Court for the Central District of California,
24 Riverside Division. The aforementioned choice of venue is intended by the parties to be
25 mandatory and not permissive in nature.
26 13. GOVERNING LAW.
27
This Agreement shall be governed by the laws of the State of California.
28 Exhibit "A"
5
1 14. SUCCESSORS AND ASSIGNS.
2 This Agreement shall be binding on and inure to the benefit of the parties to this
3 Agreement and their respective heirs, representatives, successors, and assigns.
4
15. HEADINGS.
5
6 The subject headings of the sections of this Agreement are included for the purposes of
7 convenience only and shall not affect the construction or the interpretation of any of its
8 provisions.
9 16. SEVERABILITY.
10 If any provision of this Agreement is determined by a court of competent jurisdiction to
11
be invalid or unenforceable for any reason, such determination shall not affect the validity or
12
enforceability of the remaining terms and provisions hereof or of the offending provision in any
13
14 other circumstance, and the remaining provisions of this Agreement shall remain in full force
15 and effect.
16 17. ENTIRE AGREEMENT; MODIFICATION.
17 This Agreement constitutes the entire agreement and the understanding between the
18 parties, and supercedes any prior agreements and understandings relating to the subject manner
19
of this Agreement. This Agreement may be modified or amended only by a written instrument
20
21 executed by all parties to this Agreement.
22
23
24
25
26
® 27
28 Exhibit"A°
6
1 VENDOR SERVICE AGREEMENT
FAIRVIEW FORD
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4
date set forth below.
5
6 Dated: 2009 Fairview Ford
7 By:
8
9
10 Dated 2009 CITY OF SAN BERNARDINO
11 By'
Charles E. McNeely, City Manager
12 Approved as to Form:
13
14 By. �i ✓iv
Jam . Penman, City Attorney
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit "A"
7
ATTACHMENT . 1.
FX RVMW FORD
FLEET& TRUCK CENTER
ON W.Ind SMELT
P.0.Bo=5516
SARI RMNA"INOv CA.92412
(909) 386-0281 or Fax: (909) 386-0292
VEHICLE ORDER CONFIPMATION 07/08/09 19:12:17
Dealer: F71156
—>
2010 ECCNOLINE Page: 1 or 2
Order No: 0000 Priority: E4 Ord FIN_ QC414 Order Type: 5B Price 'Ave" 015
Ord PEP: 721A Cust/Flt Name: CITY OF SE PO Number:
RETAIL
RETAIL
53B E350 XL SUE WGN $32870 438 _ELEC 4-SPD
B
138" WHEELBASE
YZ OXFORD WHITE X34 .3.73 REG X34
A STD VNXL BKT ST
CA BOARD FEES NC
E H&DIUN FLINT FRT LICENSE BKT NC
721A PREF EQUIP PKG
204 9100# GVWR NC
.XL TRIM 425 50 STATE E.`ILSS NC
219 _15P BUCXT SEATS
TOTAL SASE AND OPTIONS 35560
0
.INSTR CLUSTER TOTAL 3558
614 .16" SPORT COVER
.LESS AIRBAG SW
574 .A/C, HIGH CAP
587 .ELEC AM/FM CLK
642 .I6" STEEL WHEEL
99L .5.41, EFI V8 ENG
VEHICLE ORDER CONFIRMATIGN 07/08/09 19:12:23
Dealer; F71156
2010 ECONOLINE Page: 2 of 2
-Order No: 0000 Priority: R4 Ord FIN: OC414 Order Type: SE Price Level: 015
Ord PEP: 721A cyst/Flt Name: CITY OF SB PO Number:
RETAIL RETAIL
47X NON SCH BUS USE
536 T.TOW II/III/IV 285 TOTAL BASE AND OPTIONS 35580
605 DOOR, SLIDING NC TOTAL 35580
687 RUNNING BOARDS 320 Sqr��, /y1!„aJ�59� �
769 BLACK REAR STEP 170 rK..(�� 3
794 P SONT�SN� nl s. as TAX
903 PWR WINDOWS/LKS 495
924 GLASS, PRIVACY 460 cJ'1L- r,K �C C7
SP DLR ACCT ADJ
SP FLT ACCT CR wort, a-, 909 ys
6 U.S. GAL GAS
B4A NET INV FLT OPT NC
PRICED DORA NC �+
VEST AND DELIV 980