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HomeMy WebLinkAbout26-Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Public Services Subject: Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $77,760.44 to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of (4) four 2009 Ford F- 250 pick up trucks, to be utilized by the new Public Services Department Graffiti Abatement crew. From: Ken Fischer, Director Date: January 8, 2009 Meeting Date: January 20, 2009 Synopsis of Previous Council Action 9/29/2008 - Police Ad Hoc Committee recommended approval. 11/3/2008 - Mayor and Common Council authorized the City Manager to begin work on the transition to a City operated graffiti removal service. 12/15/2008 - Approve In-house Graffiti Abatement Operation budget Recommended Motion: Adopt Resolution. J::&: Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Quote, Specifications, Resolution, and Agreement. Ward: All FUNDING REQUIREMENTS: Source: $77,760.44 001-403-5701 Motor Vehicles Amount: Finance: Council Notes: go c2odc;-/ :3 Agenda Item No. 1JI f ~ U'-t>"f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $77,760.44 to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code "Purchases approved by the Mayor and Common Council" for the purchase of (4) four 2009 Ford F-250 pick up trucks, to be utilized by the new Public Services Department Graffiti Abatement crew. Background: On November 3, 2008 the Mayor and Common Council authorized the transition to a City operated graffiti removal service and City operated board up and property abatement services. On December 15, 2008 the Mayor and Common Council approved the budget for the City operated graffiti abatement operation. Included in the approved budget are funds to purchase (5) five new 2009 Ford F-250 pick up trucks and outfit them with spray equipment. Fleet staff has negotiated with Fairview Ford of San Bernardino for this purchase. Fairview Ford has offered a purchase price of $19,440.11 each for a total of $77,760.44 including tax for four trucks (see attachment #1). These trucks will have the standard manufacturers three years or 36,000-mile bumper to bumper warranty, as well as a five- year or 60,000 mile power train warranty. The spray equipment will be furnished by CCI Paints of San Bernardino and installed after the trucks are delivered. The Street Division is using current staff and vehicles for the initial start up of the new Graffiti Abatement Program and is making every attempt to have a program that meets the needs of the community in an efficient and effective manner. Our program is temporarily using a truck that we use for weed spraying. We need one new vehicle so we can return this vehicle to weed spraying duties. A second truck we are using will be assigned to the new leadworker position that will handle private property abatements. One of the new trucks will allow for return of this vehicle for property abatement. A third truck we borrowed from the sign crew. A new truck is needed so we can return the sign crew truck and have two crews out to work on signs. A fourth truck was borrowed from the sewer maintenance crew. A new truck is needed so we can return the vehicle to the sewer maintenance staff that we are in the process of hiring. We can forego the purchase of the fifth truck previously authorized. We are using the truck previously assigned to the now vacant Streetlight/Signals Supervisor and we do not anticipate filling this position at this time. Financial Impact Funds for this purchase are available in the FY08/09 Account No. 001-403-5701, Motor Vehicles. Recommendation: Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. 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 for the purchase of (4) four 2009 Ford F-250 pick up trucks to be utilized by the Public Services Department Street Division Graffiti Abatement Crew, a copy of 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 $77,760.44 for the purchase of four (4) 2009 Ford F-250 pick up trucks. Pursuant to this determination the Finance Director is hereby authorized to issue a 22 purchase order to Fairview Ford of San Bernardino, in the amount of $77,760.44, 23 which will facilitate the procurement of the four (4) 2009 Ford F-250 pick up trucks. 24 25 SECTION 4. The Purchase Order shall reference this Resolution No. 2009- and shall read, "Purchase of four (4) 2009 Ford F-250 pick up trucks, P.O. not to 26 27 28 exceed $77,760.44" and shall incorporate the terms and conditions of the Agreement. -1- /- J f)-o~ 4t .,:26 1 2 3 4 5 6 7 8 9 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. SECTION 5. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if the Agreement is not executed by all parties within sixty (60) days of the passage of this resolution. III 10 III 11 12 III III 13 14 15 III III 16 III 17 III 18 III 19 III 20 III 21 22 III 23 III 24 III 25 III 26 III 27 28 - 2- 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $77,760.44 TO FAIRVIEW FORD OF SAN BERNARDINO PURSUANT TO SECTION 3.04.010-B3 OF THE MUNICIPAL CODE "PURCHASES APPROVED BY THE MAYOR AND COMMON COUNCIL" FOR THE PURCHASE OF (4) FOUR 2009 FORD F-250 PICK UP TRUCKS, TO BE UTILIZED BY THE NEW PUBLIC SERVICES DEPARTMENT GRAFFITI ABATEMENT CREW. 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 8 9 following vote, to wit: day of , 2009, by the 10 Council Members: 11 12 13 AYES ABSTAIN ABSENT NAYS ESTRADA BAXTER BRINKER 14 15 VACANT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2009. day of 21 22 23 24 Approved as to Form: Patrick J. Morris, Mayor City of San Bernardino 25 26 27 28 ~ - 3- 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 SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of January 2009, by and between Fairview Ford ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is in the best interest of the CITY to contract for the purchase offour (4) 2009 Ford F-250 pick up trucks; and WHEREAS, the City of San Bernardino has determined that vendor possesses the professional skills and ability to provide said services for the City; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. F or the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in its proposal dated December 18, 2008, attached hereto, marked Attachment"]" and incorporated herein by this reference as fully as though set forth at length. 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 $77,760.44 to provide and perform those products and services described in Section 1 above. 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 (1) year. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omISSions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURA..l\'CE. 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 S; I ,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk , 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 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. Insurer shall give CITY 30 days notice prior to enactment and any change or termination of policy. 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 ail 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 license, permits, -3- 3 4 5 6 7 8 9 10 11 12 13 10. 1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2 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 Attn: Todd Eff A TTORNEYS' FEES i4 In the event that litigation is brought by any party in connection with this Agreement, 15 16 17 18 19 20 21 22 23 24 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. ASSIGNMEl\T. VENDOR shall not voluntariiy 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 25 26 27 28 written consent. /Uly attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this 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 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 convemence 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 -5- 1 2 VENDOR SERVICE AGREEMENT FAIRVIEW FORD SALES INC. 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Dated .2009 .2009 Approved as to Form: :;.~ By: J sF. Penman, City Attorney VENDOR By: Its: CITY OF SAN BERNARDINO By: City Manager -6- Attachment "1" FAIRVlEWFORD FLEET & TRUCK CENTER 801 W. 2ad STREJ:T P.o. Bu 5516 SAN BERNARDINO, CA. n4U (909) 386-0281 or Fax: (909) 386-0292 VEHICLE ORDER CONFIIlHATION 12/18/08 13:17:15 Dealer: !"71156 paqe: 1 ot 2 Order Type: 5B price Level: 930 PO Number: -> 2009 F-SERIES SO Order No: 0000 Priority: B2 Ord FIN: QC414 Ord PEP: 600A Cust/Flt NaJII8: SB CITY RETAIL F20 F250 4X2 SD R/c $25285 137. liHEELBASE Zl OXFORD lIlIITE CC V VINYL 8E:NC11 S MEDIUM STONE: 600A PREF EQUIP PKG .XL TRlM . '!'RAILER TOIi PKG 572 .AIR CONDlTIONl:R .AM/~ 5TER/CLK 995 .5.41. EFI V8 E:NG 44T 5-SPD AlITctlATIC TBK .LT245 8511 AS 17 X37 3.73 REG AXLE: JOB *2 BUILD 422 RETAIL CAL. BOARD FEES NC FRT LICENSE BKT NC 8800* GVIlR PKG CALIF EKISSIOIiIS SPJ\!\E: TlRE/1IHL3 JACK PRICE: CONCESSN NC Ne 794 NC TOTAL BASE AND OPTIONS 21750 TOTlIL 277 50 NC 1490 HC 2009 F-SERIES SO Order No: 0000 Priority: 82 Ord FIN: QC414 Ord PEP: 600A eust/F1t Name: 58 CITY RETAIL REMl\RKS TRAILER Sf DLR ACCT ADJ SP FLT ACeT CR 13 U.S. GAL Gl\S B4A NET INV FLT OPT PRICED. DORA DEST 1\Nll DELIV Order Type: PO Number: 12/18/08 13:17:25 Dealer: F71156 Paqe: 2 ot 2 58 price Level: 930 VEHICLE ORDER CONFIRMATION -> NC NC 975 RETAIL ~5 PRICE.J$ /799d~ 8% SlLES fAx.. g $ 1439 ~~ o#' 8- 6u... '1JRE- FEE 0 /9440 JJ &iCH. TOTAL BASE AND OPTIOIlS 27750 TOTAL 27750 U-fi L- g1J o