HomeMy WebLinkAbout16- Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
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: February 3, 2010 purchase order in the amount of
$428,048.37 to Fairview Ford of San
Bernardino for the purchase of one (1)
Vac-Con V311 LHA/1300 Jet Rodder
truck to be utilized by the Public
Services Department Street Division
Sewer crew.
Meeting Date: March 1, 2010
Synopsis of Previous Council Action:
Reso 2007-181 6/4/2007 Approved purchase of one Vactor 2110 RCS
Jet Rodder truck from Crest Chevrolet.
Reso 2007-455 11/19/07 Approved purchase of one Vactor 2110 RCS
Jet Rodder truck from Crest Chevrolet.
Recommended Motion:
Adopt Resolution
Si nature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached: Staff Report, Ward: All
Quotes, Specifications, Agreement, Resolution.
FUNDING REQUIREMENTS: Amount: $428,048.37
Source: 132-431-5701
Motor Vehicles
Finance/ `
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Agenda Item No.
3-1-2010
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A 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 $428,048.37 to Fairview Ford of San Bernardino for the purchase of one (1)
Vac-Con V311 LHA/1300 Jet Rodder truck to be utilized by the Public Services
Department Street Division Sewer crew.
Background:
The Public Services Department, Street Division Sewer crew currently utilizes unit #549
a 1989 Ford Vac-Con Rodder truck with 216,171 miles to clean storm drains. This
vehicle is scheduled to be replaced in FY 2009/2010 and the funds are budgeted in
Account Number 132-431-5701 (Motor Vehicles). This unit has reached its economic
life and has become too costly to operate. Therefore, it will be placed in surplus for
auction.
The Street Division currently has six (6) rodder trucks including the 1989 Ford Vac-Con
Rodder truck. The 1989 Ford Vac-Con Rodder truck is unique, as it is the only truck
with a fan unit that is used to clean storm drains. All other sewer vehicles have blowers
on the trucks that are used to the clean sewer lines. If this unit is not replaced, staff will
be unable to clean storm drains. The new Vac-Con Jet Rodder truck will be equipped
with a fan unit.
Notices for bid # RFQ F-10-07 were sent to seven (7) vendors, the San Bernardino Area
Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino
County Sun Newspaper. Three bids were received as follows, see Attachment 1:
Vendor Location Quote
LA Freightliner Fontana $423,411.59
Municipal Maint. Equipment Sacramento $422,533.05
Haaker Equipment La Verne $455,429.25
Staff reviewed the three bids and determined that the LA Freightliner bid offered an
option for additional fuel capacity for an additional $3,742.00. It was determined that
the Vac-Con V311 LHA/1300 Jet Rodder mounted on a 2010 Autocar ACX64 CNG
(Compressed Natural Gas) chassis from LA Freightliner was the best unit for the City.
This unit complies with SCAQMD Rule #1196 "Clean on-road heavy-duty public fleet
vehicles'.
Due to the specialized nature of this equipment there are no local vendors able to
supply it. However, Fairview Ford of San Bernardino has agreed to act on the City's
behalf as a purchasing agent to keep the point of sale and subsequent sales tax
revenue in the City. A $450.00 Doc & Handling fee will be paid to Fairview Ford for this
service and is not part of the formal bid package.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report-Continued
The vehicle and subsequent build-up will be purchased through Fairview Ford for a total
amount of $428,048.37 including tax. Fairview will use sub-contractors, LA Freightliner
of Fontana and Municipal Maintenance Equipment Company of Sacramento CA. for the
build-up of the specialized equipment to meet the Public Services Department
specifications. Attached for your review is the quote from Fairview Ford and the
technical specifications delineating the model, parts, and warranty for the Vac-Con
V311 LHA/1300 Jet Rodder Truck, (See attachment 2).
Financial Impact:
Funds for this purchase is available in FY2009/2010 Account Number 132-431-5701
(Motor Vehicles).
Recommendation:
Adopt Resolution.
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO
4 FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC-
CON V311LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC
5 SERVICES DEPARTMENT STREET DIVISION SEWER CREW.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
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 Bernardino and Fairview Ford, a copy of which is attached hereto, marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. That Fairview Ford has offered a purchase price of $428,048.37
13
including tax pursuant to RFQ F-10-07 for the purchase of one (1) Vac-Con
14
15 V311 LHA/1300 Jet Rodder truck. Pursuant to this determination the Finance Director
16 is hereby authorized to issue a purchase order to Fairview Ford of San Bernardino, in
17 the amount of $428,048.37, which will facilitate the procurement of the Vac-Con
18 V311 LHA/1300 Jet Rodder truck.
19 SECTION 3. The Purchase Order shall reference this Resolution Number and
20
shall read, "Purchase of one (1) Vac-Con V311 LHA/1300 Jet Rodder truck, P.O. not to
21
exceed $428,048.37" and shall incorporate the terms and conditions of the Agreement.
22
23
24
25 3 - I-/ v
26
27 f�j
28
1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO
3
FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC.
4 CON V311LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT STREET DIVISION SEWER CREW.
5
SECTION 4. The authorization to execute the above referenced Purchase
6
7 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
8 this resolution.
9 Ill
10 111
11 111
12 111
13
111
14
15 Ill
16 111
17
18 111
19 111
20
21
22 Ill
23
24
25
26
27
28
I
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $428,048.37 TO
3 FAIRVIEW FORD OF SAN BERNARDINO FOR THE PURCHASE OF ONE (1) VAC-
4 CON V311 LHA/1300 JET RODDER TRUCK TO BE UTILIZED BY THE PUBLIC
SERVICES DEPARTMENT STREET DIVISION SEWER CREW.
5
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 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
22 12010,
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26
27 James F. Penman, City Attorney
City Attorney's Office declined to
28 sign this document.
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 1st day of March 2010, 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
8 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con
9 V311 LHA/1300 Jet Rodder truck; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
11 vendors for the purchase of a 2010 Vac-Con V311LHA/1300 Jet Rodder truck; and,
12
NOW,THEREFORE, the parties hereto agree as follows:
13
1. SCOPE OF SERVICES.
14
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"1" 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$428,048.37, for the purchase of a 2010 Vac-
21
22 Con V311LHA/1300 Jet Rodder truck.
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 for one year.
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. WARRANTY
4
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
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
11
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
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
26
27 subcontractors, relating to or in any way connected with the accomplishment of the work or
28 Exhibit"A"
2
1 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 Cit Y. its elected officials, employees, agents or
5
representatives from any and all legal actions based upon such actual or alleged acts or
6
omissions. Vendor hereby waives any and all rights to any types of express or implied
7
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
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
14
15 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
16 w'orker'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 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
g 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
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
14
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
22 300 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 hi 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
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
6
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
7
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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
14
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
The subject headings of the sections of this Agreement are included for the purposes of
6
convenience only and shall not affect the construction or the interpretation of any of its
7
8 provisions.
g 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
other circumstance, and the remaining provisions of this Agreement shall remain in full force
14
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 he modified or amended only by a written instrument
20
executed by all parties to this Agreement.
21
///
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: 12010 Fairview Ford
7 By:
8
9
Dated 12010 CITY OF SAN BERNARDINO
10
11 By.
Charles E. McNeely, City Manager
12 Approved as to Form:
13
By:
14 James F. Penman, City Attorney
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit"A"
7
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 1st day of March 2010, 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
8 and in the best interest of the CITY to contract for the purchase of a 2010 Vac-Con
q
9 V311LHA/1300 Jet Rodder truck; and
10 WHEREAS, the City of San Bernardino did solicit and accept quotes from available
11 vendors for the purchase of a 2010 Vac-Con V311LHA/1300 Jet Rodder truck; and,
12
NOW,THEREFORE, the parties hereto agree as follows:
13
1. SCOPE OF SERVICES.
14
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"1" 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
21
pay the VENDOR up to the amount of$428,048.37, for the purchase of a 2010 Vac-
22 Con V31 ILHA/1300 Jet Rodder truck.
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 for one year.
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
1
1 agreement of the parties executed on or before date of expiration of current term of the
2 agreement.
3
4. WARRANTY
4
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
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
11
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
2
i
i
1 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
representatives from any and all legal actions based upon such actual or alleged acts or
6
omissions. Vendor hereby waives any and all rights to any types of express or implied
a 7
8 indemnity against the City, its elected officials, employees, agents or representatives, with
3
9 respect to third party claims against the Vendor relating to or in any way connected with the
i
10 accomplishment of the work or performance of services under this Agreement.
s
11 6. INSURANCE.
12
While not restricting or limiting the foregoing, during the term of this Agreement,
' 13
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
14
3
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
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
3
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
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
14
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
22 300 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
4
1 10. ATTORNEYS' FEES.
2 hi 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
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
6
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
7
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
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
14
and shall constitute a breach of this Agreement and cause for the termination of this
15
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
Agreement shall be tried and litigated either in the State courts located in the County of San
22
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
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
The subject headings of the sections of this Agreement are included for the purposes of
6
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
other circumstance, and the remaining provisions of this Agreement shall remain in full force
14
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
executed by all parties to this Agreement.
21
///
22
23 HI
24 ///
25 ///
26 ///
27
28
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: 12010 Fairview Ford
7 By:
8
9
Dated 2010 CITY OF SAN BERNARDINO
10
11 By.
Charles E. McNeely,City Manager
12 Approved as to Form:
13
By:
14 James F. Penman, City Attorney
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Attachment "1"
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Attachment "2"
Fairview Ford Sales, Inc.
P.O.Box 5516
SAN BERNARDINO,CALIF.92412
Telephone(909)884-9261
®M
January 19, 2010
City of San Bernardino
Fleet Division
182 S. Sierra Way
San Bernardino, CA. 92408
RE: Purchase of (1)Autocar Sewer Rodder Truck
Dear Mr. Johnson,
Here is the breakdown for the above referenced purchase:
1 Sewer Rodder Truck $388,451.00
1 77 DGE CNG Tanks (Option) $3742.00
Doc and Handling Fee $450.00
----------------------------------------------------------------------------------
TOTAL $392,643.00
Sales Tax(9%) $35,337.87
Fed Excise Tax EXEMPT
DMV $50.00
Ca. Tire Fee $17.50
GRAND TOTAL $428,048.37
Thank you for this opportunity,
Todd Eff
Commercial Fleet Manager
Fairview Ford
RFQ F-10-07
Sewer Rudder Truck
CITY OF SAN BERNARDINO
TECHNICAL SPECIFICATIONS
RFQ F-10-07
SEWER RODDER TRUCK
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Service: Bidder shall complete right hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth on the left-hand column.
Equipment: Bidder shall complete right hand column indicating specific size and/or
make and model of all components when not exactly as specified.
State "As Specified" if item is exactly as set forth in the left-hand
column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
It is the intent of these specifications to obtain a unit suitable for the
service demands of City of San Bernardino. The combination sewer
cleaner shall be designed to perform cleaning and removal of sand,
stone, bottles, cans, grease, sludge and other debris from both sanitary
sewer or storm drain lines. All installation shall be made in a neat and
workman like manner and all equipment furnished shall be of a standard
manufacture. All work and material furnished shall be subject to the
approval of the Purchasing Manager, Shops and Using Division.
The body, finish, and fittings shall be the latest model, shall not have
been used in demonstrator or other service, and shall be factory
standard in all respects not in conflict with the following specific
requirements.
Manufacturer's standard equipment and all devices necessary to
comply with the State of California Vehicle Code, the California
Administrative Code and the Federal Motor Vehicle Safety Standards
will be included. Vehicle must comply with all California Motor Vehicle
Pollution Control Board, South Coast Air Quality Management District
and California Air Resources Board requirements.
9
RFQ F-10-07
Sumer Rodder Truck
All vehicle(s) will be serviced, cleaned, and ready for immediate operation
when delivered.
Due to high ambient temperatures and to assure long life, the unit must be
designed to operate at maximum performance levels with a minimum of
20% reserve horsepower.
The machine is to be capable of being operated by one man, with all
operating controls for high-pressure water pump, hose reel and vacuum
located at the front of the machine for safety.
DESCRIPTION ACCEPTABLE/AS SPECIFIED
A. Debris Body
1. The capacity of the Debris tank shall be at least AS SPECIFIED
11 Cubic Yards liquid capacity.
2. Rear door to be full opening and hydraulically
locked, with a 6" diameter liquid drain. The drain AS SPECIFIED
to be operated by a knife type valve at the
opening.
3. The tank shall be mounted over the rear axle for
optimum load distribution. AS SPECIFIED
4. The tank shall have a minimum 5-year standard
manufacturers warranty. AS SPECIFIED
5. Tank to be raised and lowered to a minimum 50-
degree angle. Lift capacity of tank raising and AS SPECIFIED
lowering system to be no less than 56,000 Lbs.
6. Externally visible indicator required to show when
body is loaded to capacity. AS SPECIFIED
B. Automatic Vacuum Breaker
1. A full indicator is required to activate an automatic
vacuum breaker shut down system that
completely shuts down 100% of the airflow to the AS SPECIFIED
vacuum system in order to prevent overfilling and
wastewater discharge into the atmosphere.
2. Vacuum breaker system to be automatically
activated (closed) when the parking brake system AS SPECIFIED
is released to eliminate carryover during transit.
10
RFQ F-10-07
Scwcr Roddcr Truck
4. The system is to be controlled / activated at the AS SPECIFIED
front hose reel control station.
C. Centrifugal Compressor
1. Centrifugal Vacuum compressor to be of fan
design with the compressor shaft extending
through the compressor and stabilized by using 2 AS SPECIFIED
high speed bearings, one at each end of the shaft.
Compressor to be of a 3 stage construction
utilizing 27 " minimum fans in tandem.
2. The Centrifugal compressor fan is to be operable
independently of the high-pressure water system. AS SPECIFIED
3. The compressor to be driven by the chassis
engine via a hydrostatic system using a variable
piston pump and motor. System shall include a
heat exchange system to maintain the pump AS SPECIFIED
suction oil temperature at no more than 160
degrees.
4. A means of starting, stopping and varying the
vacuum suction from the operator's station is AS SPECIFIED
required.
5. A centrifugal separator located in the inlet
chamber to the fans with clean-out box to remove
particles from the air stream; thus enabling unit to AS SPECIFIED
vacuum wet or dry material is required. The
separator is to be separate from the debris body.
6. The centrifugal compressor fan system must be
capable of producing 90 % vacuum with no AS SPECIFIED
airflow.
7. Compressor to be equipped with the "Centrifugal �S SPECIFIED
Compressor Quiet Package".
8. The centrifugal compressor fan to have a 5-year
replacement non-prorated warranty. AS SPECIFIED
D. Vacuum Pick Up Hose
1. Shall be front loading 8" diameter hose mounted
on a boom that will provide a minimum of 18' of
vertical lift and 230 degree of boom rotation AS SPECIFIED
powered hydraulically for non-interrupted smooth
movement. Boom to have a minimum lift capacity
of 500 lbs. at the front bumper.
11
RFQ F-10-07
Sewer Rudder Truck
2. The boom will be powered by an electric over
hydraulic system. AS SPECIFIED
3. The boom shall hydraulically telescope a minimum
of 10 ft. forward from the operator's station. The AS SPECIFIED
height of the boom shall not change while the
boom is being telescoped.
4. Control of the boom is to be by means of a joystick
control at the operator's station, requiring no AS SPECIFIED
cables at operator's feet for boom operation. A 6
way pendant station is also to be supplied.
5. A manual override system shall be provided for
right / left, and up / down functions in case of AS SPECIFIED
— system failure. AS SPECIFIED
6. A Boom coverage chart is to be provided.
7. Pipe extensions with clamps will be provided and
carried on the truck as follows:
1) 6-1/2' Catch Basin Nozzle AS SPECIFIED
1) 6' Aluminum Pipe Extension
1) 5' Aluminum Pipe Extension
1) 3' Aluminum Pipe Extension
E. Water Supply
1. The water tank to have a minimum usable
capacity of 1300 U.S. Gallons. AS SPECIFIED
2. The water tanks are to be constructed of non-
corrosive, non-metallic, durable, cross-linked
polyethylene to eliminate rust and corrosion. The AS SPECIFIED
water tanks are to carry a 10-year replacement
warranty.
3. The water tanks are to be mounted at and below
the frame level to promote better truck stability. AS SPECIFIED
4. The water tanks are to be protected by a minimum
of 11-gauge steel plating mounted below the water AS SPECIFIED
tanks for protection against hazards.
5. A 2-1/2 " diameter x 25' long hydrant hose with
hydrant wrench is to be supplied on the unit. AS SPECIFIED
6. An anti-siphon fill device is required.
CIFIED
7. Quick removal hatches are to be provided on all
water tanks in order to fill tanks or add chemicals. AS SPECIFIED
12
RFQ F-10-07
Scorer Rudder Truck
8. A sight gauge to indicate water level is to be
located within sight of the operators station. Shall AS SPECIFIED
be equipped with a low water alarm and light.
F. Auxiliary Engine Water Pump Drive Engine)
1. The shrouded auxiliary engine used to drive the G P 4 Vord W.ISLr 1®bS
water pump is to be a " Cummins -Westport, 061- 0
CNG Fueled" Heavy duty Industrial Engine.
2. Engine to be equipped with automatic safety
shutdowns for low oil pressure and high water AS SPECIFIED
temperature, as well as an exhaust silencer.
3. All gauges, tachometer hour meter and shutdown
are to be located on the driver's side of the unit in AS SPECIFIED
a lockable control panel.
4. The auxiliary engine start and stop controls are to AS SPECIFIED
be located at the front hose reel operator's station.
5. Cummins extended 5 year warranty to be AS SPECIFIED
provided
6. The auxiliary engine shroud to have a hinged
driver's side door for engine access. Engine oil
checking shall be possible from ground level on AS SPECIFIED
the driver's side of the unit. Engine shall have a
remote oil drains stem.
G. High Pressure Water Pump
1. The high-pressure water pump must deliver
smooth continuous pressure and flow through the
entire flow range of the pump. A continuous duty
flow of 80 G.P.M. and 2000 P.S.I. is required. AS SPECIFIED
Must be capable of running dry.
2. High-pressure relief valves must be provided for
both the high-pressure system and the hand gun AS SPECIFIED
system.
3. Water pump to operate independently of the
vacuum system and be powered by the auxiliary AS SPECIFIED
engine via clutchless, direct dual powerband drive
system.
4. High-pressure water pump to have 5 year �S SPECIFIED
replacement warranty.
5. Controls for starting and stopping the water pump
and to vary the flow and pressure are to be
located at the front hose reel operators station. AS SPECIFIED
6. The High-pressure water pump shall be equipped AS SPECIFIED
with cold weather drain valves.
H. Hose Reel Assembl
1. Hose reel to be a minimum of 30" I.D. with a AS SPECIFIED
capacity of 800' x 1" hose.
13
RFQ F-10-07
Scwcr Roddcr Truck
2. Reel to be hydraulically powered in both directions AS SPECIFIED
b a double chain ands rocket drive.
3. Controls for operating the motor to have a Flow �S SPECIFIED
control device to regulate the speed of the reel in
both directions.
4. The hydraulic motor, chain and sprockets to have �S SPECIFIED
a protective cover.
5. The hose reel shall articulate 90 degrees to the
driver's side, allowing operator to work in any AS SPECIFIED
position through this arc. Reel to extend beyond
the width of the unit for flexibili in ositionin .
6. A hydraulically controlled outrigger leg shall be
supplied that comes in contact with the ground at �S SPECIFIED
any one position. A warning light to be located in
the cab to warn driver that the outrigger is not in
it's stowed position.
7. A manual bypass system to manually pull the
hose reel assembly away from it's transported
position in order for the operator to check the AS SPECIFIED
engine oil is required.
I. Jet Hose
1. 800' x 1" jet rodder hose will be supplied rated for
2500P.S.1. working pressure and overall 6250 AS SPECIFIED
P.S.I. rating.
2. A heavy-duty hose guide with 25' of nylon rope will AS SPECIFIEr
be provided.
3. Nozzles will be provided as follows: AS SPECIFIED
1) Chisel Head Penetrator
1 Sanitary
J. Manhole Cleaning Water System Hand Gun
1. The High-pressure pump and water system shall
be used for manhole cleaning. A smooth AS SPECIFIED
continuous flow of 20 G.P.M. and pressure of 600
P.S.I. shall be provided. A hand gun pressure
relief valve set at 600 P.S.I shall be provided.
2. One full functioning handgun with on / off hand
control, replaceable nozzle tip, 12" extension, AS SPECIFIED
adjustable spray and 50' x 1/2" hose with
retractable reel shall be provided.
3. The handgun will attach to the system via a quick
couple connection at the curb side of the unit. A AS SPECIFIED
hand gun holder will be provided at the front
bumper.
K. Hydraulic System and Lubrication
14
RFQ F-10-07
Semw Rodder Truck
1. Hydraulic system shall have a minimum capacity AS SPECIFIED
of 45 gallons.
2. The hydraulic system shall have adequate shutoff
valves in order to cut supply in event of leakage AS SPECIFIED
and in order to change hydraulic filter.
3. Hydraulic system to have adequate pressure relief
valves and pressure gauges for ease of AS SPECIFIED
troubleshooting and maintenance.
4. Lubrication system to include XGS Interlube
Chassis Lubrication System to lube all Chassis AS SPECIFIED
and Body tube points.
5. Unit to include a lube chart on curb side of body to
indicate tube points and frequency required. AS SPECIFIED
6. Remote plumbed grease fittings shall be provided
for the vacuum compressor, boom rotation, and AS SPECIFIED
water pump drive areas, boom and debris tank.
accessible from ground level.
L. Warranty's
1. A minimum 12-month Bumper to Bumper
Manufacturer's Guarantee will be provided. AS SPECIFIED
2. Both Cummins-Westport engines shall have the Ford W$6* - 0 V 06r
extended 5-year warranty from Cummins. AS SPECIFIED
5L'(.c 5 Za. R fA44
3. The Allison Transmission shall have the 5-year
extended warranty from Allison. Q$ SPECKED
The following items shall be delivered with the unit as
standard accessories:
M. Standard Accessories
1. 1) Enclosed toolbox behind the cab will be
provided, 16" x 42" x 96".
1) Storage box shall be provided with 2 roll out AS SPECIFIED
shelves.
1 Storage box shall be provided with dry decking.
15
RFQ F-10-07
Sewer Rodder Truck.
2. 1) Debris body power flush out system
1) Gravity drain system consisting of plumbing to
the front operator's station, allowing return of
liquids to the manhole without having to reposition
vehicle.
1) 2-1/2" water drain gate valve.
1) Variable Drain Valve
1) Lazy Susan style, deck mounted pipe rack,
holds 5 pipes
1) Hose footage counter, Curb side
1) Cone storage rack AS SPECIFIED
1) Rear mounted tow hooks
1) Dual roller level wind guide
1) Plastic engraved decals- Adhesive type
1) Pre-tank water filter(in-line)
1) Vacuum breaker override switch (vacuum and
drive)
1) Backup alarm
1) A hydroexcavation package shall be supplied
including 50' capacity high-pressure handgun reel,
high-pressure unloader valve and High-pressure
wand.
1) Rear mounted hydraulic pump off system, 400-
gpm w/20' lay flat hose.
N. Lighting
The entire module electrical system to be vapor
sealed to eliminate moisture damage. All wiring to be As SPECIFIED
color coded, labeled and run in sealed terminal
enclosures. All module circuits to be protected by
circuit breakers. All lighting to comply with D.O.T. and
state of California Requirements.
The following 119 tin is re uired
2) Front mounted strobe lights
1) Rear mounted strobe light
2) Mirror mounted beacons
1) 4 strobes-stop/turn/tail lights
1) Hand held spotlight
1) Boom mounted flood lights AS SPECIFIED
2) Limb guards for strobe or revolving lights
1) ICC- LED Lighting package
1) LED Arrowboard
O. Paint
16
RFQ F-10-07
Sewer Rodder Truck
1.;standard int surfaced to be sanded and primed prior
ting. Unit to be painted white with Dupont
5000 polyurethane paint. Unit shall have
e blue boom and side stripes and rear
ns. Chassis shall be painted manufacturers AS SPECIFIED
rd white.P. IS 1. ar Model ACX pS SPECIFIED
2. ngine- Cummins Westport ISL-G 320
. . . Fueled "320 H.P.
Auxiliary Engine- Cummins Westport "CNG AS SPECIFIED
Fueled."
3, Automatic Transmission- Allison 3500 series �V eel W r•1LI W17L.-,
4. Brakes- Air Brakes AS SPECIFIED
5. Power Steering AS SPECIFIED
6. AM/FM Stereo/CD Player AS SPECIFIED
7. Air Conditioner AS SPECIFIED
8. 130 amp alternator with 2-625 CCA batteries AS SPECIFIED
9. 60,000# GVWR chassis rating ____AS_ SPECIFIED
10. West Coast mirrors- stainless steel with 5" spot
mirrors AS SPECIFIED
11. Batteries- 2-750 CCA pp ''II To+e. I
Q. Miscellaneous
One each complete parts, operating and maintenance
manuals for sewer equipment. Parts manual will be AS SPECIFIED
professionally prepared and have detailed description
of all body components. Parts book will be dated and
serialized to the individual unit being purchased. Due
to manufacturer's changes in designs, any parts book,
17
RFQ F-10-07
Sewer Rodder Truck
Fpayment. ed more than six (6) months prior to
will require approval prior to delivery �+$ SPECIFIED
A 1% fee will be withheld until
books are received.
Pre-Production Meeting- A meeting between
manufacturer and City of San Bernardino will b �� SPECIFIED
arranged after award to finalize all mounting
locations and installation details. Detailed line
drawings will be supplied by manufacturer to identify
all details.
This vehicle is considered as an emergency response
vehicle therefore local service and parts availability is
of major importance. Vendor must be able to display
local supplies and service representation to the city.
In addition the unit must be available for use after AS SPECIFIED
downtime report to vendor within 72 hours, local
response to downtime incident must be within 24
hours. The city will examine first hand all service
capabilities of vendor.
Bidder must provide a factory-trained representative to
the City to train the vehicle maintenance employees AS SPECIFIED
and the operators for a maximum period of 16 hours
after receipt and acceptance of equipment.
Parts and emergency service shall be available for the
City area for the vacuum/jet rodder. Bidder shall AS SPECIFIED
submit proof-of-service capability prior to award.
Bidders shall submit detailed literature of the vehicle AS SPECIFIED
they propose to furnish.
Failure to submit this information may be sufficient cause for rejection of bid.
1s
RFQ F-10-07
Sewer Roddcr Truck
7value ATE THE FOLLOWING
arts on hand at local dealer. And how
retion, the city reserves the right to
require er(s) to provide a demonstration unit for
three (3) full nine (9) hour working days (coordinated ��E�IF'E®
Through the Street Superintendent/Deputy Director of AS
Public Services) within ten (10) working days after bid
opening. Actual scheduled date shall be at
The convenience of the Street
Superintendent/Deputy Director of Public Services.
Weights:
State front axle weight with truck and body
combination, fresh water tanks full and 35 gallons of
fuel and two 180 pound operators and the debris set,
body at 75% capacity with water. �� Cide�
State rear axle weight with truck and body
combination fresh water tanks full and 35 gallons of
fuel and two 180 pound operators and the debris
body at 75% capacity with water.
State front axle weight with truck and body
combination fresh water empty 35 gallons of fuel and
two 180 pound operators and the debris body empty.
State rear axle weight with truck and body
combination fresh water tanks empty 35 gallons of
fuel and two 180 pound operators and the debris
body empty.
Award Criteria: The evaluation of proposals will be
based on but not limited to the following:
1. Conformance to specifications
2. Price
3. Delivery
4. Warranty
Award will be made to the lowest responsive /
responsible bidder meeting specifications. Any
deviation from the technical specificattions above
must be explained in detail.
OEgWA
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�LNAED IN,s�
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO: MAYOR AND COMMON COUNCIL
FROM: John F. Wilson, Senior Assistant City Attorney
DATE: March 1, 2010
RE: A Resolution of the Mayor and Common Council Authorizing the
Execution of an Agreement and Issuance of a Purchase Order in the
Amount of$428,048.37 to Fairview Ford: Agenda Item#16
CC: James F. Penman, City Attorney
pCharles McNeely, City Manager
This office has not approved the resolution for Agenda Item#16 on the agenda for March
1, 2010,because the requested action is in violation of S.B.M.C. §3.04.070(F). By this item,the
City Council is asked to make an award of a bid to a party that did not participate in the bid
process. It is recommended that the City Council take action to reject all bids and instruct the
Public Service Department to rebid the item. Alternatively, the award of the contract may be
made to LA Freightliner of Fontana, or other action taken as requested by the City Manager.
The bid for purchase of a Vac-con Jet Rodder truck was processed in the normal course
of business as required by the municipal code. Bids were received and opened. Fairview Ford
did not submit a bid. LA Freightliner in Fontana was the lowest best bidder. Following the
opening of the bid, staff decided to undertake an effort to shift the place of sale to San
Bernardino for purposes of recovering the City portion of the sales tax on the transaction for the
City. This represents a return of approximately$4300. To accomplish this, "Fairview Ford...has
agreed to act on the City's behalf as a purchasing agent to keep the point of sale and subsequent
sales tax revenue in the City...The vehicle...will be purchased through Fairview Ford for a total
amount of$428,048.37 including tax. Fairview will use sub-contractors, LA Freightliner of
Fontana and Municipal Maintenance Equipment Company...for the build-up of the specialized
equipment to meet the Public Services Department specifications."
FAWIISOMAGENDA ITEWOpposition to vac con purchase 3.I.10.wpd
This plan could have worked if properly executed. Prior to closing of the time for
submission of bids, Fairview Ford could have approached Freightliner and Municipal
Maintenance and negotiated a price from them as subcontractors on Fairview's bid to the City. If
Fairview was then selected as the best lowest bidder, Freightliner and Municipal Equipment
could have performed a tax-free, sale for the purpose of re-sale, transaction with Fairview.
Fairview would then have completed a sale of the vehicle to the City on which the City would
have paid the full sales tax. This would have made Fairview a proper bidder in the process for
purposes of the municipal code and it would have established Fairview as the place of sale under
the sales tax laws. As written, the documentation describes Fairview as both the"purchasing
agent"on behalf of the City, and the party from whom the vehicle will be purchased. These
inconsistent roles, and the problem this presents in terms of actually achieving the goal of
receiving the sales tax, can possibly be corrected. However,what cannot be corrected at this
point is the fact that you are asked to award a bid to Fairview when no bid was submitted by
them. This is a violation of SBMC 3.04.070(F), which requires that the bid be made to the
"...lowest and best bidder...."These are only the most obvious problems with this proposed
course of action.
Rejection of all bids allows the staff the greatest flexibility in going forward. This is the
recommended option.
Jo . Wilson
enior Assistant City Attorney
JFW/nc
FAWILSOMAGENDA ITEMS\Opposition to vac con purchase 3.1.10.wpd
t