Loading...
HomeMy WebLinkAbout30-Public Services c ,..- '- -,_. ',- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Dept: Public Services Date: March 24, 2008 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 B- 3 of the Municipal Code .for the purchase of twenty-seven (27) 2008 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: April 7, 2008 Synopsis of Previous Council Action Motion approved January 9, 2006 Reso 2006-80 March 20, 2006 Reso 2007-80 March 5, 2007 Recommended Motion: Adopt resolution Five additional PD vehicles FY06/07 Purchase 23 PD Interceptors Purchase of 42 PD interceptors 1 Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Specifications, Agreement, Resolution FUNDING REQUIREMENTS: Council Notes: Ward: All Amount: $746,469.81 Plus lease costs; Lease payments to be budgeted over a three (3) year period Source: 635-341-5803 Lease Payments FY 2008/2009, FY 2009/2010, FY 2010/2011 Finance: 'I/7/1J!_ I Agenda Item No. 30 ..:;;.., c 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 twenty-seven (27) 2008 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 2007-80 on March 5, 2007 authorizing the purchase of forty-two (42) 2007 Crown Victoria Police Interceptors from Fairview Ford. c Fleet staff has completed the patrol vehicle replacement model for 2008. Based on current usage and mileage Fleet is recommending the purchase of twenty-five (25) 2008 Ford Crown Victoria Police Interceptors as replacements for the high mileage units that will be removed from service beginning in FY 200812009. Two additional units are included for year three of the Police Department Combined Hiring Plan dated June 15, 2006 for a total of twenty-seven (27) units. In February, 2008 staff requested a quotation from Fairview Ford for twenty-seven (27) 2008 model Crown Victoria Police Interceptors, and negotiated a base price of $25,591 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 $27,647.03 for each vehicle including tax as detailed on Attachment 1. Total price $25,591.00 each vehicle $ 2,047.28 each vehicle $ 8.75 each vehicle $27,647.03 each vehicle Base price as quoted by Fairview Ford Tax @ 8% Tire Fee 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 Quantitv Vendor $ Per Unit 2004 17 Fairview Ford, San Bernardino $24,384.30 2005 19 Fairview Ford, San Bernardino $24,580.00 C 2006 23 Fairview Ford, San Bernardino $24,580.00 2007 42 Fairview Ford, San Bernardino $24,732.00 ('!~~.., ~ \- c c Staff Report - Continued Ford Motor Company has made some significant changes to the frame and options available on the 2008 model resulting in an increase of $859.00. In the opinion of the Fleet Manager the price quoted by Fairview Ford is a competitive price. Staff is therefore recommending approval of a purchase order to Fairview Ford in the amount of $27,647.03 per unit for twenty-seven (27) vehicles amounting to a total cost of $746,469.81 plus lease costs pursuant to Municipal Code Chapter 3.04.010 Section 8, (Purchases approved by the Mayor and Common Council). FINANCIAL IMPACT: Funds for the lease payment of twenty-five (25) 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 two additional units will be funded from Measure Z revenues. These twenty-seven (27) Year 2008 Ford Police vehicles have an estimated delivery date of July or August 2008. The lease payments will be structured so they will not begin until after the vehicles are delivered. RECOMMENDATION: Adopt resolution 2 ,,,. r '''- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ,- '- (- \.-. 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 TWENTY-SEVEN (27) 2008 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. 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". 16 17 18 19 20 21 22 $746,469.81, which will facilitate the procurement of the twenty-seven (27) 2008 Ford 23 24 25 26 27 SECTION 3. That Fairview Ford of San Bernardino has offered a purchase price of $27,647.03 including tax pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of twenty-seven (27) 2008 Ford Crown Victoria Police Interceptors. Pursuant to this determination the Finance Director is hereby authorized to issue a purchase order to Fairview Ford of San Bemardino, in the amount of Crown Victoria Police Interceptors. SECTION 4. The Finance Director or her designee to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. 28 (()o.30 L.{ -1-tJ8 April 2, 2008 - c ,- "- c 1 2 3 " 5 6 7 8 9 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 TWENTY-SEVEN (27) 2008 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. SECTION 5. The Purchase Order shall reference this Resolution No. 2008-_ and shall read, "Purchase of twenty-seven (27) 2008 Ford Crown Victoria Police Interceptors, P.O. not to exceed $746,469.81" and shall incorporate the terms and conditions of the Agreement. 10 11 12 13 14 15 III 16 III 17 III 18 III 19 III 20 21 22 23 III 24 III 25 III 26 III SECTION 6. 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. III III III 27 28 April 2, 2008 c ,- "- c 1 2 3 4 5 6 7 8 9 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 TWENTY-SEVEN (27) 2008 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. 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Apo/rved as to form: ~ 7-(~ 26 ~i1mes F. Penman 27 l5ity Attorney 28 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is ,2008. hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino April 2, 2008 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- r '- c VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, 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 twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors; and 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 twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors, 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 $746,469.81 for twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors as set forth in Attachment I, attached hereto and incorporated herein by this reference. 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. Exhibit "A" r- \.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - , \..... r '- 4. INDEMNITY. CITY agrees to indemnify and hold hannless 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. S. 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" r- '- ,,"'-'- I.- /-' "-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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: Exhibit "A" c 1 2 S 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - , '- ,- ~ 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. Exhibit "A" c 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 c c 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 III III Exhibit "A" c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- I I...- c VENDORSERVCEAGREEMENT FAIRVIEW FORD SALES INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 VENDOR By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" ........... ................. ............J. .;)UJOO"=lI.OU,J. Attachment 1 .'" I-OJ,) r'tJt./ rJJl. U-:l~ . . c F~VlEWFORD FLEET 4 TRUCK CENTER 808W.2ad~ P.o."551' SAN Bl:RNAJmlNo, CA. tun (909) J86.828l or Fax: (909) 386-4292 ..., 01/31/01 13,5'", OMl.~: F71156 ZOOIl c::zmma VICtaIUA . Page: t of 3 or... No' 0000 1'r10dty, 0<11 FiN, QCI14 _ t-;pe' .8 Prl.., !.noll 8JS Qrd Cod.; 73cm. CU5t/l'1t: ~I Clrr OF 58 PO NuIIber: R.E'fA!L P71 POLtCE IN'rEaaP ~2Q4S ~: M6640A Bt KC7.)t, c: II a.TR jllIQ\ET$/1U\ " CIII'..-- IlIN:K 7_ OIU:D CIlI:f) .POLlCE PAClQ!G: .-. I:XIaI1n .17- SDZL .$PAlQ; ."""lW. JWl -., ..-D 1lA.nEJa' ._ IDLE __ 19\1' __4.'1. OIIC n'V" VB lie '40 '.EI,EC """ TJWos >>e' . tel . P23~/SSIU 7" 8sw .. ~1tC ___u_ _JEB. '2 ~_ , VElttcw: <JlDI:R COI!rIIlIrIIIIGl< (tiS} .- ~ 141 _AIL CN... BCUD ~ tiC - 'N:!( 100 m tta:llSE III<T He """"/S!UK riu .0 otLtCXllll _ 320 17. 177 toTAL IIllSE _ ontONS 31375. . TOTAIo 1>SOIsro ortt_ 864 _'fOt!U. '. _ _ . ....._ _ .... . 3~23' _. VEHIcLE. OIUJD. COn~ J.NV4'I(6 - 2008 CftCIIII VIC1"ClUA CJrGu No; 0000 Pdodty: cmI l'IJf: 0:4J.4 ord COde: 130A OJat/nt NuIa: CIn OF SB 01/31/08 l(;OO;OS Deala:-: 1"1156 bpi 2 of :3 order ~: SB Price x.....ell ~3$ Po~: ~ . ~t 2lJl 1'10\ 1lIl..... emt n.o 423 au. ... IIOt QQD .is lCI:'tc:.1:lllK UHX So .,1 C/L\Iln DtSOBLE 20 SlY .... 8m LIIIPI 3.0 SJII -- os . SIIC SIllr; AIIl .... 300 1111 DIOIUI N;I, IP/D 10 IJB llIO:lI\RRSI'JIa<NZ 10 "" Q, IlI\ JIIID UIOP 2. 'v. ....,. IIlIlI'EIlS He 794 PRICE ~~ - - ........ .lees 936 ClIL SEI! VEIl ElU' lie .ee ""1rlJlllOOm>. 25 IU!;DIL '18 11\% IIUJG .1IIllClT uo !>SOl"'" OP1'1l:itls SP213 PAIN'r CIIIIl.GE 864 ."lU FJ:f- SP nT ID:l CR TOTAl. BASE MD OP'lICIfS 31375 'TOr.AL .t$OIuo onIONS 864 tvrJU. 32231 ___<o_. .---...-_ _'."_ 'n.... " -> Wlttct.t QUER CCIIPDIIIPa'ICII Su.Es PRICf:IJ~55?15l. . <t?%.~151il(:1I cJot.;7~ &...7iRf.Fe~' 8~ ~L :JJ c976L..i 7 ~ ~. 2001 Q\OIIIlI' V:tC'fOlUA' ordtir Meu 0000 Priority: Qfd n:w: QC414 QI:d. COCW: 730A CUlt/flt _I an ar sa BEmt 01/a1/08 11.00.11 ~or', T'l11~ hp: 3 of , Ocder ~I 58 Price Laftl.: e3S 1'0_, ~~ c s U.s. GN. as alA. BET DV J1.T Oft l'Il]C!D IlOM DEST _ _IV IIC IIC 125 1'O'Dt.L BP.SE M:D OPTIQ115 31315 - OSOISI'O OPTIONS ... TOW. ' 32239 r- '- c c 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, 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 twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors; and 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 twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors. 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 $746,469.81 for twenty-seven (27) Year 2008 Ford Crown Victoria Police Interceptors as set forth in Attachment I, attached hereto and incorporated herein by this reference. 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. c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 andlor 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 c '- r- I..- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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: c ,~- \- c 1 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. c ,,-. \.- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 III III c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVCE AGREEMENT FAIRVIEW FORD SALES INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 Dated ,2008 Approved as to Form: f'~ F. Penman, City Attorney VENDOR By: Its: CITY OF SAN BERNARDINO By: Fred Wilson, City Manager c ,,- '-' c ~G-~~- ~, ~O;~G ~~'-rAlnYl~W r~l ::l1ll::llSlSt,ItlSbl Attachment 1 .'" l-lS"l~ I'liJtlliJt U-~::14 FADlVIEW FORD FLEET &; TRUCK CENTER 808 W. 2ad S'I'llEJ:T " P.o. 1m 5516 SAN Bl:RNAJmINO, CA. 9241% (909) 386-028' or Fu: (909) 386-0292 -> . lIEIttctE <lRD.EI\ COIn ..-rIca 01/31/01 13JS9:54 De,d.k: F7ll~e 2'008 au:JJUi VlC1'OlUA . PaGe: t 0% :5 orGel' No: 0000 Pr10dty: ord. FiN. OCe1. Order 'f-JPe: 9. h'1~ LeTeh '35 Ord. Code; 7JQA Cust/Flt Name: Cln OJ' S8 PO Ntulber: RE'lAl:L .P71 POLta; IJrn'DI;;EP $26245 A: M6640A a: IIC1JI. c: g a.TIJ~/1U\ N CllMcaJ.t. 9"",,, 7301. 0l\tD CQJlIl . PO%.ICZ PAC:II'AGE .IXIAL EXIIlWsT .17" StD:L $PARE .1IJWt1M, AD. CCIm> .JI-D BAT'l'ERY . ENG: :rm.E .M!ri:R 519\" ..t.n ORe ft'Y VI lllC 44Q ..EtBC ADD TRA1'Is NC" . 'tel .P23!i/SSIl1.7.'8sJf - -Ie ----_JPB. .2 ~_ Z008 aaar VICTCIUA OEd l'IH: QC414 CITY OF 58 01/31/08 14;00:05 Dea1~: r'lllSl!i .agel Z of, :a order ~: 9 'rlc. LeYel: ~35 Po~; . . 14T RETAIL CN,.. IKlUJ) ~ He _PJIClC 190 m:r LICQISE lII<T Ne """"IStJIEN _ 40 SILIcaq: BD$ES 3.30 Ozder .No; 0000 Pdority: ord COde: 730A t'Uat:/nt lIuMt: ""TAIL 21A PIlI'.. I:8IVZR SEra . $380 423 CItL IH RD'l" ll&QD 435 JCt1' aD: U94X 47' C/UICP$.DrSMloE SlY IlUlIL SI'OT LllNPS 531 lIOISE sUPPNSS . SSIC SteE AD. uas CUI JZC:KJ..D NL D'/D GJa ~~ 6'7R IU\ JIll. .aD INOt "1M Bl..IU::JI: BtJGlI:RS 7M PRICE Q:Bc:Es8If 908 ~ NRELS 936 Qu. ~ 1IEII EX{' 148 lUl WIJI1lCR tIC. =. -=> HiSl 175 177 TOTAL BAn; JUG) OPTIQIS 31375- . TO'I'AL l16OI9'O OPrIotG 864 -~ __...__...._32.231 - V'EHlcz.z: 0N:7.U. CQrfFIPlm:nctl 50 20 340 os 300 40 10 25 Ne Il!;1'AIL '69 m ICUlG.WInmT 830 _/110 Ol'TK1Is SP21J PADIT CBUa .S. J:)ta lV=CT ~ SP n.1' Aca at ... TOtAl. 1Ia5E .AND OP'l'IafS 31375 1'01'AL .DSO/SI'O OPtICIfS 864 'fOTAL 32231 .----........-....- 2485 ac 25 ," ,. .aactt <IUER CCIII'DKPt%ICII . SuEs ~tt.E:1J~55?1!Q ~.St.1S'1ir<:1I clo't-7~ ~.7kr..~;# 8~ ~L :jJ()76~7~ E~, 2001 QUIll YXCTOIUA' Ckder Ho: 0000 ftlor1ty: 0t1:I !"Df: QC414 Oed CoQeo: 730k cWlt/f'lt _, CITY OF n IlEIlIIL 01131/08 14,00,11 ~.r;. ,.,11S6 h9~U 3 of , Ordv !ypt:. sa Price Le'ftl: 1135 .0_, IG:'IAIL 5 u.s. GN. GIS ItA. lIE't nw ELT OPT l'IUc:m ...... !lEST JIIfD IlELIV -TOtAL BME ~ OPTlall$ 31315 TOTAL OSO/SI'O Ql'TIOIIS IU TOTAL " 3223' 10: IIC 825