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HomeMy WebLinkAbout24-Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution authorizing the execution of an agreement and purchase Dept: Public Services order to Fairview Ford between the City of San Bernardino pursuant to Section Date: February 8, 2007 3.04.010 B-3 of the Municipal Code for the purchase of forty-two (42) Year 2007 Ford Crown Victoria Police Interceptors utilized by the Police Department; and authorizing the Finance Director or her designee to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. Meeting Date: March 5, 2007 Synopsis of Previous Council Action Reso 2004-115 May 3,2004 Purchase 17 PD Interceptors Reso 2005-103 May 2,2005 Purchase 19 PD Interceptors Motion approved January 9, 2006 Five additional PD vehicles FY06/07 Reso 2006-80 March 20, 2006 Purchase 23 PD Interceptors Recommended Motion: Adopt resolution Sig ture Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quote. Ward: All FUNDING REQUIREMENTS: Amount: $1,119,614.16 Plus lease costs Lease payments to be budgeted over a three- (3) year period Source: 635-341-5803 Lease Payments FY2007/2008, FY2008/2009, FY2009/2010 Finance: Council Notes: �S° Zao7 -d'l� Agenda Item No. 1_�f•�r/D� CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of an agreement and purchase order to Fairview Ford between the City of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of forty-two (42) Year 2007 Ford Crown Victoria Police Interceptors utilized by the Police Department; and authorizing the Finance Director or her designee to solicit lease-purchase rate quotes and award a lease- purchase to the lowest responsible leasing company. BACKGROUND: The Mayor and Common Council approved Resolution 2006-80 on March 20, 2006 authorizing the purchase of twenty-three (23) 2006 Crown Victoria Police Interceptors from Fairview Ford. At a Measure Z expenditure workshop on January 8, 2006 a motion was approved authorizing the purchase of equipment needed to outfit ten (10) additional Police units taken from the reserve replacement pool to be put in service immediately. The Combined Hiring Plan dated June 15, 2006 calls for five (5) additional vehicles to be added to the police fleet in FY07/08. Four (4) of these are to be marked patrol units and one (1) unmarked investigations unit. The four (4) additional patrol units are included in this purchase, along with ten (10) for the reserve pool and twenty-eight (28) replacements for a total of forty-two (42). In February, 2007 staff requested a quotation from Fairview Ford for forty-two (42) Year 2007 model Crown Victoria Police Interceptors, and negotiated a base price of $24,732 plus tax for each vehicle ordered. Protech Ballistic panels for both front doors and installation are included in this quote as it is now offered as an option from Ford Motor Company. Total cost is $26,657.48 for each vehicle including tax. See attachment 1: Base price as quoted by Fairview Ford $24,732.00 each vehicle Tax @ 7.75% $ 1,916.73 each vehicle Tire Fee $ 8.75 each vehicle Total price $26,657.48 each vehicle Ford Motor Company is the only manufacturer of the Crown Victoria Police Interceptor model, which has been the specified standard for the Police Department for over ten years. Fairview Ford of San Bernardino is the sole local Ford dealer. The following illustrates the record of purchases of Crown Victoria Police Interceptors for the last four years (excluding tax). Year Quantity Vendor Per Unit 2003 16 Fairview Ford, San Bernardino $23,906.30 2004 17 Fairview Ford, San Bernardino $24,384.30 2005 19 Fairview Ford, San Bernardino $24,580.00 2006 23 Fairview Ford, San Bernardino $24,580.00 i The price quoted by Fairview Ford, which was the lowest quote last year, is the same price as last year except for an increase of $152.00 due to specification changes by the Police Department. To include a factory installed ballistic trunk-pac to protect the fuel tank area. In the opinion of the Fleet Manager this is a competitive price. Staff is therefore recommending approval of a purchase order to Fairview Ford in the amount of $26,657.48 per unit for forty-two (42) vehicles amounting to a total cost of $1,119,614.16 plus lease costs pursuant to Municipal Code Chapter 3.04.010 Section B, Exemptions: #3. Purchases approved by the Mayor and Common Council. FINANCIAL IMPACT: Funds for the lease payment of twenty-eight (28) replacement vehicles will be budgeted in the Police Department budget as an internal service charge for Fleet. In turn, Fleet Services will budget and pay the actual lease payments for these vehicles. The funding for the additional fourteen units will be determined by the Finance Department. These forty-two (42) Year 2007 Ford Police vehicles have an estimated delivery date of July or August 2007. The lease payments will be structured so they will not begin until after the vehicles are delivered. .RECOMMENDATION: Adopt resolution 2 C (OPY I RESOLUTION NO. 2oo7-so 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN 4 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA 5 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT 6 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE 7 LOWEST RESPONSIBLE LEASING COMPANY. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to 11 execute on behalf of said City an Agreement between the City of San Bernardino and 12 Fairview Ford, a copy of which is attached hereto, marked Exhibit "A" and incorporated 13 herein by reference as fully as though set forth at length. 14 SECTION 2. This purchase is exempt from the formal contract procedures of 15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said 16 17 Code "Purchases approved by the Mayor and Common Council". 18 SECTION 3. That Fairview Ford has offered a negotiated purchase price of 19 $26,657.48 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for 20 each Year 2007 Crown Victoria Police Interceptor purchased and was the previously 21 selected vendor for these models in 2000, 2002, 2003, 2004, 2005 and 2006. 22 Pursuant to this determination the Finance Director is hereby authorized to issue a 23 24 purchase order to Fairview Ford of San Bernardino, in the amount of $1,119,614.16, 25 which will facilitate the procurement of the forty-two (42) vehicles; and authorize the 26 Finance Director or her designee to solicit lease-purchase rate quotes under existing 27 28 March 5, 2007 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN 3 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA 4 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT 5 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. 6 7 Master Lease Agreements and to award a lease-purchase to the lowest 8 responsible leasing company. 9 SECTION 4. The Purchase Order shall reference this Resolution No. 2007-80 10 and shall read, "Purchase of forty-two (42) Year 2007 Ford Crown Victoria Police 11 Interceptors, P.O. No. not to exceed $1,119,614.16" and shall 12 incorporate the terms and conditions of the Contract. 13 14 SECTION 5. The Agreement shall reference this Resolution No. 2007 15 and shall read, "Fairview Ford for forty-two (42) Year 2007 Ford Crown Victoria Police 16 Interceptors to be utilized throughout the City of San Bernardino. Agreement not to 17 exceed $1,119,614.16" and shall incorporate the terms and conditions of the 18 agreement. 19 SECTION 6. The authorization to execute the above referenced Purchase 20 21 Order and agreement is rescinded if not issued within sixty (60) days of the passage of 22 this resolution. 23 /ll 24 25 111 26 111 27 28 March 5, 2007 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCHASE ORDER TO FAIRVIEW FORD BETWEEN THE CITY OF SAN 3 BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF FORTY-TWO (42) YEAR 2007 FORD CROWN VICTORIA 4 POLICE INTERCEPTORS UTILIZED BY THE POLICE DEPARTMENT; AND AUTHORIZING THE FINANCE DIRECTOR OR HER DESIGNEE TO SOLICIT 5 LEASE-PURCHASE RATE QUOTES AND AWARD A LEASE-PURCHASE TO THE 6 LOWEST RESPONSIBLE LEASING COMPANY. 7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 8 Mayor and Common Council of the City of San Bernardino at a joint regular 9 meeting thereof, held on the 5th day of March 2007, by the 10 following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 ESTRADA x 13 14 BAXTER x 15 BRINKER x 16 DERRY x 17 KELLEY x 18 JOHNSON x 19 MCCAMMACK x 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of 23 March 2007. 24 25 Patrick J. Morris, Mayor City of San Bernardino 26 Ap roved as to form: 27 28 �mes F. Penman, City Attorney March 5, 2007 EXHIBIT "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 5th day of March 2007, by and between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: WHEREAS,the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of forty-two (42).2007 Ford Crown Victoria Police Interceptors; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for forty-two (42) 2007 Ford Crown Victoria Police Interceptors. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in this purchase agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$1,119,614.16 for forty-two (42) 2007 Ford Crown Victoria Police Interceptors. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and,'or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damt.ge which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2nd Street San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. HI IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth' below. Dated: _ 5 , 2007 VENDOR. By: Its: Dated , 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: James F. Penman, City Attorney 2007-80 r D VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 5th day of March 2007, by and between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase of forty-two (42) 2007 Ford Crown Victoria Police Interceptors; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for forty-two (42) 2007 Ford Crown Victoria Police Interceptors. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in this purchase agreement. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$1,119,614.16 for forty-two (42) 2007 Ford Crown Victoria Police Interceptors. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. 2007-80 This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of 2007-80 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 2007-80 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Fairview Ford Sales Inc. 808 West 2"d Street San Bernardino, CA 92412-5516 Telephone: (909) 386-0281 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. I 2007-80 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 2Q07-80- IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2007 VENDOR. By: Its: Dated , 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: 2 ," Ja F. Penman, City Attorney