HomeMy WebLinkAbout29-Public Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCil ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the
execution of an agreement and
issuance of a purchase order to
Fairview Ford of San Bemardino
pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of one
2008 F-450 4X4 Crew Cab utility truck,
to be utilized by the Fire Department.
Dept: Public Services
Date: March 25, 2008
Meeting Date: April 7, 2008
Synopsis of Previous Council Action
Reso 2007-319 8/612007 Approved lease purchase of (7) Fire engines
and (1) utility truck.
Recommended Motion:
Adopt Resolution
Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Resolution, Agreement, Quote.
Ward: All
FUNDING REQUIREMENTS:
Amount: $44,567.65
Source: 001-202-5803
Lease payments
Finance:
Council Notes:
lJ/1/IJ/
, I
Agenda Item No. J,ll
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of an agreement and issuance of a purchase order
to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal
Code for the purchase of one 2008 F-450 4X4 Crew Cab utility truck to be utilized by
the Fire Department.
Background:
On August 6,2007 the Mayor and Common Council approved resolution #2007-319
authorizing the purchase of seven fire engines and to solicit quotes for one utility truck.
The Fire Department requested and was approved to use Community Development
Block Grant (CDBG) funds for the lease purchase in FY 2007-2008 for seven fire
engines and one utility truck for towing the Technical Rescue Trailer. The utility truck
will be multi-purpose for daily hauling and moving of equipment but primarily equipped
to tow the Technical Rescue Trailer to incidents and training.
This vehicle will be an addition to the fleet and is included in the financing of the seven
fire engines currently on order. Fairview Ford of San Bernardino has offered a
purchase price of $44,567.65 pursuant to Section 3.04.010 B-3 ofthe Municipal Code
for the 2008 F-450 4X4 Crew Cab, see Exhibit 1.
Financial Impact:
Funds for this purchase are available in the FY2007/2008 Account No. 001-202-5803,
lease payments. There is no net cost to the General Fund for these purchases.
Purchase of the (7) engines, ancillary equipment and utility truck will be financed over a
9-year period (in line with the City's engine replacement schedule) and debt service
payments will be reimbursed to the City with COBG funds.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF ONE 2008 F-450 4X4 CREW CAB UTILITY TRUCK TO
BE UTILIZED BY THE FIRE DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Fairview Ford of San Bernardino, which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Fairview Ford of San Bernardino has offered a purchase
price of $44,567.65 including tax pursuant to Section 3.04.010 B-3 of the Municipal
Code for the purchase of one (1) 2008 F-450 4X4 Crew Cab utility truck. Pursuant to
this determination the Finance Director is hereby authorized to issue a purchase order
to Fairview Ford of San Bernardino, in the amount of $44,567.65, which will facilitate
the procurement of the 2008 F-450 4X4 Crew Cab utility truck.
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-_
and shall read, "Purchase of one (1) 2008 F-450 4X4 Crew Cab utility truck, P.O. not
to exceed $44,567.65" and shall incorporate the terms and conditions of the
Agreement.
March 12. 2008
/VI). ;21
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B.3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF ONE 2008 F-450 4X4 CREW CAB UTILITY TRUCK TO
BE UTILIZED BY THE FIRE DEPARTMENT.
SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
this resolution.
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March 12.2008
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO FAIRVIEW FORD OF SAN
BERNARDINO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR THE PURCHASE OF ONE 2008 F-450 4X4 CREW CAB UTILITY TRUCK TO
BE UTILIZED BY THE FIRE DEPARTMENT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
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a es F. Penman, City Attorney
March 12,2008
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2 This Vendor Service Agreement is entered into this 7th day of April
3 2008, by and between Fairview Ford ("VENDOR") and the City of San Bernardino
4 . ("CITY" or "San Bernardino").
5
WITNESSETH:
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VENDORSER~CEAGREEMENT
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 one (I) 2008 F-450 4X4
Crew Cab utility truck; and
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SER~CES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide one (I) 2008 F-450 4X4 Crew Cab utility truck.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shaH
pay the VENDOR up to the amount of $44,567.65 for one (I) 2008 F-450 4X4
Crew Cab utility truck.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
TERM.
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.
III
III
Exhibit "A"
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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 foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $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.
III
Exhibit "A"
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and 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 licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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Exhibit "A"
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Fairview Ford Sales Inc.
808 West 2nd Street
San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
Attn: Todd Eff
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
Exhibit "A"
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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
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.
III
Exhibit "A"
-- VENDORSERVCEAGREEMENT
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FAlRVIEW FORD SALES INC.
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
4 and date set forth below.
5 Dated: ,2008 VENDOR
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By:
7
Its:
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10 Dated ,2008 CITY OF SAN BERNARDINO
11 By:
12 Fred Wilson, City Manager
r 13 Approved as to Form:
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16 By:
James F. Penman, City Attorney
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Exhibit "A"
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VENDORSER~CEAGREEMENT
This Vendor Service Agreement is entered into this 7th day of April
2008, by and between Fairview Ford ("VENDOR") and the City df 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 one (I) 2008 F-450 4X4
Crew Cab utility truck; and
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SER~CES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide one (I) 2008 F-450 4X4 Crew Cab utility truck.
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 $44,567.65 for one (I) 2008 F-450 4X4
Crew Cab utility truck.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one 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.
III
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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 foregoing, during the term of this Agreement,
VENDOR shaH 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 AgreemeIit. 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.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. . INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and 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 licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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13 In the event that litigation is brought by any party in connection with this Agreement,
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L- 14 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
15 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Fairview Ford Sales Inc.
808 West 2nd Street
San Bernardino, CA 92412-5516
Telephone: (909) 386-0281
Attn: Todd Eff
10. ATTORNEYS' FEES
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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
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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
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.
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VENDORSERVCEAGREEMENT
FAIRVIEW FORD SALES INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
,2008
VENDOR
Dated:
By:
Its:
,2008
CITY OF SAN BERNARDINO
Dated
By:
. Fred Wilson, City Manager
Approved as to Form:
.7-.~
s . Penman, City Attorney