HomeMy WebLinkAboutItem 03 Purchase Police Vehicles for Fiscal Year 2020 AGENDA ITEM SUMMARY Meeting Date: 10/7/2019
Meeting Type: Regular Meeting Staff Contact/Dept.: Richard L. Lewis Staff Phone No: 541-726-3729
Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: PURCHASE POLICE VEHICLES FOR FISCAL YEAR 2020
ACTION REQUESTED:
Approve the purchase and authorize the City Manager to sign agreements for the procurement of seven police vehicles for fiscal year 2020.
ISSUE STATEMENT:
Each year, the Springfield Police Department replaces patrol and other police
vehicles which have served their useful life with consideration to age, mileage, and maintenance costs. In fiscal year 2020, two patrol vehicles and five other police vehicles are in need of replacement.
ATTACHMENTS: Attachment 1: C2440 Ford Vehicle Purchase Agreement Attachment 2: C2441 Chevrolet Vehicle Purchase Agreement
DISCUSSION/ FINANCIAL IMPACT:
Each year, the Springfield Police Department replaces patrol and other police vehicles which have served their useful life with consideration to age, mileage, and maintenance costs. In fiscal year 2020, the police department is requesting approval to purchase two patrol vehicles, one administrative sergeant vehicle, one property control vehicle,
and three detective vehicles. The vehicle purchases are proposed under two purchase agreements for a total cost of $227,420.53. Proposed vehicle description and pricing are detailed in the following table.
Vehicle Description Quantity Unit Price Date of Quote
Ford Police Interceptor Utility vehicle with full police and lighting package 2 $38,503.56 8/27/19
Ford Police Interceptor Utility vehicle with limited police and lighting package 1 $35,449.37 8/27/19
Ford Transit Connect T250 Van 1 $30,626.37 8/28/19
2020 Chevrolet Blazer AWD 1 $32,974.35 8/27/19
2020 Chevrolet Colorado 4WD 1 $29,478.56 8/8/19
2020 Chevrolet Malibu 4D 1 $21,884.76 8/27/19
Purchases for all vehicles will be made off of a State purchasing contract. The vehicles are due for replacement under the normal age and mileage replacement
schedule and are budgeted in Fund 713 for replacement this fiscal year. Staff requests Council authorize the purchases and give the City Manager approval
to sign the attached purchase agreements for police vehicles.
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CITY OF SPRINGFIELD
PURCHASE AGREEMENT
Contract #2440
Dated: October 7, 2019
Parties: City of Springfield “CITY” A Municipal Corporation of the State of Oregon 225 5th Street
Springfield, OR 97477
and Gresham Ford “Seller”
Additional Seller Information:
a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation
b) Address: 1999 East Powell Blvd., Gresham OR 97080
c) Telephone: 503-665-0101
d) Fax No: 503-665-0497
City Account Number(s) To Be Charged (Include Percentages):
Account Number Amount
713-06100-1144-723001 $112,456.49
713-06100-1170-723001 $30,626.37
In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Personal Property to be Delivered. Seller shall deliver FOB Springfield, OR, the following vehicles, as described in Attachment 1 attached hereto and incorporated herein by this reference on or before March 31, 2020. Vehicle Description Quantity Unit Price Date of Quote
Ford Police Interceptor Utility vehicle with full police and lighting package 2 $38,503.56 8/27/19
Ford Police Interceptor Utility vehicle with limited police and lighting package 1 $35,449.37 8/27/19
Ford Transit Connect T250 Van 1 $30,626.37 8/28/19
Total cost will not exceed $143,082.86. 2. Payment by CITY. CITY will pay invoice on Net 30 day terms upon City acceptance of work, services performed or good delivered.
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3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR
97477 or email to ap@springfield-or.gov. The invoice must reference this contract #2440 and approval code #363. 4. Warranty. Seller shall warrant Ford Police Interceptor Utility vehicles and the Ford Transit Connect T250 Van as described in Attachment 2. 5. Sourcing. State of Oregon Price Agreement #5551 dated April 6, 2015 and as amended November 16, 2016 expiring March 31, 2020. 6. First Point of Contact. Gresham Ford - Paul Blankenship, paul@greshamford.com, PH: 503.490.6510 City- Sgt. Brian Humphreys, bhumphreys@springfield-or.gov, PH: 541.726.2326 7. Work Performed. The work to be performed by Seller includes services generally performed by Seller in his/her/its usual line of business. 8. Tax duties and Liabilities. Seller shall be responsible for all federal, state and local taxes, if any,
applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Seller. 9. Indemnification and Hold Harmless. Seller shall defend, indemnify and hold harmless City from and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this Contract by Seller except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of CITY. The Seller shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Seller, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Seller shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Seller or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the Seller or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Seller shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 10 shall not negate Seller’s obligations in this paragraph. 10. Insurance. a. General Insurance. The Seller shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property damage. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Seller or the fault of the Seller’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. If the City requires Professional Liability coverage, the City’s
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Risk Manager must approve the terms, conditions and limits. Seller understands that CITY is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act,
ORS 30.260 et seq. In the event that CITY’S financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims
Act, Seller agrees that the limits regarding liability insurance set forth in this Section 10 will be modified to conform to such limits. Independent contractor and CITY shall sign an
amendment to this Agreement incorporating such modification. b. Workers’ Compensation. Independent Contractor shall provide and maintain workers’ compensation coverage with limits not less than $500,000 for its employees, officers,
agents, or partners, as required by applicable workers’ compensation laws as defined in ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a
written statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City. c. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued
by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. d. Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Seller shall provide written notice to the City contract manager within two days after the Seller becomes aware that their coverage has been canceled or has been materially changed. The Seller shall either fax 541-726-3782 said notice or email it directly to Jayne McMahan (jmcmahan@springfield-or.gov), Procurement and Contracts Manager. Regardless of what circumstances caused Sellers insurance coverage to cease or be modified, it is the Seller’s responsibility to notify the City. Failure to
maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Contractor initials)
e. Equipment and Material. The Seller shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work. f. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. 11. Access to Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Seller which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 12. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 13. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 14. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 15. Americans with Disabilities Act Compliance. Seller will comply with all applicable provisions of
the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973.
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16. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest
of CITY. Any such termination shall be effected by delivery to the Seller of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the
date on which such termination is effective. Upon delivery to the Seller of a Notice of Termination under this paragraph, the Seller and CITY shall, by agreement, make an appropriate written
modification to this Agreement governing completion of portions of the Seller’s work and payment therefore by CITY. 17. Assignment/Subcontract. Seller shall not assign, sell, transfer, subcontract or sublet rights, or
delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Seller of any obligations of this Agreement, and any
transferee or subcontractor shall be considered the agent of Seller. Seller shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 18. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns. 19. Compliance with All Government Regulations. Seller shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall
be the sole responsibility of Seller. 20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Seller shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 22. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and
construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 23. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. CITY OF SPRINGFIELD: SELLER:
By: By:
Name: Name:
Title: Title:
Date: Date:
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CITY OF SPRINGFIELD
PURCHASE AGREEMENT
Contract #2441
Dated: October 7, 2019
Parties: City of Springfield “CITY” A Municipal Corporation of the State of Oregon 225 5th Street
Springfield, OR 97477
and Hubbard Chevrolet “Seller”
Additional Seller Information:
a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation
b) Address: 2937 G St, PO Box 100, Hubbard, OR 97032
c) Telephone: 800-247-4336
City Account Number(s) To Be Charged (Include Percentages): Account Number Percentage
713-06100-1154-723001 100% In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions: 1. Personal Property to be Delivered. Seller shall deliver FOB Springfield, OR, the following vehicles, as described in Attachment 1 attached hereto and incorporated herein by this reference on or before March 31, 2020.
Vehicle Description Quantity Unit Price Date of
Quote
2020 Chevrolet Blazer AWD 1 $32,974.35 8/27/19
2020 Chevrolet Colorado 4WD 1 $29,478.56 8/8/19
2020 Chevrolet Malibu 4D 1 $21,884.76 8/27/19
Total cost will not exceed $84,337.67. (None of the vehicles requires e-plates.) 2. Payment by CITY. CITY will pay invoice on Net 30 day terms upon City acceptance of work,
services performed or good delivered.
3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap@springfield-or.gov. The invoice must reference this contract #2441 and approval code #363. 4. Warranty. Seller shall warrant the 2020 Chevrolet Blazer, Colorado and Malibu as described in Attachment 2.
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5. Sourcing. State of Oregon Price Agreement 5555 dated April 1, 2015 and as Amended Nov. 28,
2016 expiring Mar. 31, 2020.
6. First Point of Contact. Hubbard Chevrolet - John Boyer, johnboy@hubbardchevrolet.com, 800-247-4336 City- Sergeant Brian Humphreys, bhumphreys@springfield-or.gov, 541-726-2333 7. Work Performed. The work to be performed by Seller includes services generally performed by
Seller in his/her/its usual line of business. 8. Tax duties and Liabilities. Seller shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Seller. 9. Indemnification and Hold Harmless. Seller shall defend, indemnify and hold harmless City from and against all liability or loss and against all claims or actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection with the performance of this Contract by Seller except, pursuant to ORS 30.140, for losses, claims, or actions resulting from the sole negligence of City. The Seller shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Seller, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Seller shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Seller or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the Seller or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Seller shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 10 shall not negate Seller’s obligations in this paragraph. 10. Insurance. a. General Insurance. The Seller shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property damage. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Seller or the fault of the Seller’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. If the City requires Professional Liability coverage, the City’s Risk Manager must approve the terms, conditions and limits. Seller understands that CITY is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Seller agrees that the limits regarding liability insurance set forth in this Section 10 will be modified to conform to such limits. Independent contractor and CITY shall sign an amendment to this Agreement incorporating such modification.
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b. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in
ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written statement signed by Independent Contractor so stating the reason for exemption
shall be provided to the City. c. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a
City approved certificate of insurance before any work or services commence. d. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Seller shall provide written notice to the City contract
manager within two days after the Seller becomes aware that their coverage has been canceled or has been materially changed. The Seller shall either fax 541-726-3782 said
notice or email it directly to Jayne McMahan (jmcmahan@springfield-or.gov), Procurement and Contracts Manager. Regardless of what circumstances caused Sellers insurance coverage to cease or be modified, it is the Seller’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds
for immediate termination of this contract.________(Contractor initials) e. Equipment and Material. The Seller shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. f. Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager. 11. Access to Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Seller which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 12. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 13. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 14. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State civil
rights and rehabilitation statutes, rules and regulations. 15. Americans with Disabilities Act Compliance. Seller will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. 16. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Seller of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Seller of a Notice of Termination under this paragraph, the Seller and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Seller’s work and payment therefore by CITY.
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17. Assignment/Subcontract. Seller shall not assign, sell, transfer, subcontract or sublet rights, or
delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Seller of any obligations of this Agreement, and any
transferee or subcontractor shall be considered the agent of Seller. Seller shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.
18. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns. 19. Compliance with All Government Regulations. Seller shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this
Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall
be the sole responsibility of Seller. 20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Seller shall pay such additional sums as the Court may adjudge
reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY
may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 22. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and
construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the
Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this
Agreement. 23. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. CITY OF SPRINGFIELD: SELLER:
By: By:
Name: Name:
Title: Title:
Date: Date:
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