HomeMy WebLinkAbout08935RESOLUTION NO. 8935
A RESOLUTION APPROVING THE PURCHASE OF POLICE VEHICLES
FROM FREEDOM FORD, AUTHORIZING THE CITY ADMINISTRATION TO
SECURE FINANCING FOR THESE VEHICLES, AND AUTHORIZING THE
DISBURSEMENT OF $325,000 FROM FUND BALANCE FOR THE PURCHASE
OF RELATED EQUIPMENT FOR THOSE VEHICLES
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT:
Section 1:
The purchase of 50 police vehicles from Freedom Ford of Pueblo, Colorado is hereby
approved.
Section 2:
The City Administration is hereby authorized to secure financing for the purchase of
these 50 vehicles.
Section 3:
Funds, in the amount of $325,000, shall be transferred from Fund Balance account
number 101- 0000 - 399.00 -00 into the Police Department Capital Outlay account number
101 - 2010 - 421.70 -10, for the purchase of the related equipment for these 50 police
vehicles.
INTRODUCED February 28 , 2000
BY:
K4 uncilpems
APPROVED: --��
President of the Council
ATTEST:
City � Jerk
COUNCIL AGENDA - BACKGROUND PAPER
TITLE: A resolution approving the purchase of police vehicles from
Freedom Ford, authorizing the City Administration to secure
financing for these vehicles, and authorizing the disbursement of
$325,000 from Fund Balance for the purchase of related equipment
for those vehicles
DEPARTMENT: Police Department
DATE: February 28, 2000
ISSUE: Bids were solicited and Freedom Ford was the lowest and best
bidder for the purchase of 50 police vehicles. This resolution will
authorize the City Administration to order these vehicles. It will
also direct Administration to secure financing, in the area of a lease
purchase, to fund the vehicles. The resolution also approves the
disbursement of $325,000 to purchase the related equipment
necessary to fully equip the new vehicles.
FINANCIAL IMPACT: At this time $325,000 will be transferred from undesignated fund
balance to pay for the related equipment. After financing is
secured, annual lease payments, estimated at $375,000, for three
years would need to be appropriated.
RECOMMENDATION: Approval of the resolution.
PURCHASE AGREEMENT
This AGREEMENT is made and entered this 29th day of February, 2000, by and between
the City of Pueblo, a Municipal Corporation (hereinafter referred to as the "City") and Freedom
Ford Inc., a e 1% /&qk -,,&o corporation, herein after referred to as "Vendor."
This Agreement is for the provision of vehicles by Vendor as authorized and specified in
the Invitation to Bid No. 00 -027: Police Vehicles — 4 -Door Sedan (attached hereto as Exhibit
"A "), and Vendor's Quotation Record in response thereto (attached hereto as Exhibit "B "). Upon
execution of this Agreement by City and Vendor, the Invitation to Bid and Quotation Record
(except lease /purchase and loan amortization information) will become part of this Agreement by
reference, herein referred to collectively as the "Project Documents."
In consideration of the approval ofti+Kit'^Ion February 28, 2000, by City
Council and provision of a Purchase Order in the amount of the predetermined purchase price
referenced below, Vendor agrees to furnish and deliver to City, complete in every respect, the
vehicles in accordance and fully complying with and subject to the terms, conditions and
requirements set forth in this Agreement and the Project Documents.
Quantity
50
Description of Vehicles
4 -Door Sedan Police Vehicle
Model Year 2000
Delivered Price
TOTAL
The parties hereby agree to the following terms and conditions:
$ 20,878.00 per unit
$ 1, 043, 900.00
1. Except as expressly modified by written exceptions to the Project Documents
submitted by Vendor, the terms, conditions, covenants, requirements and other provisions set
forth in the Project Documents are incorporated by reference as part of this Agreement, and the
vehicles furnished hereunder shall fully comply therewith. In the event of any conflict between
said Project Documents and the terms of this document, this document shall control; in the event
of any conflict between the Project Documents and any product literature of Vendor, or any
standards of any trade association or group relating to the vehicles purchased hereunder, this
instrument and the Project Documents shall control.
2. The vehicles furnished hereunder shall fully conform with all rules, regulations and
standards adopted by the United States Department of Transportation (DOT) in effect on the date
of this Agreement.
3. Vendor shall invoice after the vehicles have been delivered to and accepted by the
City. All communications and invoices must reference the Bid number set forth above and the
applicable Purchase Order number.
Page 1 of 3
4. (a) The vehicles shall be delivered by Vendor, at Vendor's expense, to City, at
such place within the City of Pueblo, Colorado, as shall be designated by the City's Purchasing
Agent, no later than fourteen weeks of the date of order or as acceptable by the City.
(b) Time is of the essence with respect to delivery of the vehicles under this
Agreement.
(c) Risk of loss shall be upon Vendor until delivery of items in Pueblo and
acceptance of same by City. Acceptance shall be made by City only if the items conform to this
Agreement and the Project Documents.
(d) Notwithstanding anything to the contrary in paragraph 4(b) above, in the
event the parties hereto have entered into, or subsequently enter into, a Three Party Agreement
with an entity providing leasing or financing services to the City in connection with the acquisition
of the vehicles under this Agreement, to the extent of any conflict between the provisions of the
Three Party Agreement, the terms of the Three Party Agreement concerning said rights and
obligations shall control.
5. Vendor represents and warrants that the vehicles furnished hereunder and any
information technology (including all hardware, software or firmware) contained therein, shall be
Year 2000 compliant. As used in this section, Year 2000 Compliance means, with respect to
such information technology, that the information technology accurately processes date /time data
(including, but not limited to, calculating, comparing and sequencing) from, into, and between the
twentieth and twenty -first centuries, and the year 1999 and 2000, and leap year calculations and
that the vehicles are designed to be used prior to, during and after January 1, 2000 and did and
will operate during each such time period without error relating to such date /time data.
6. This Agreement, and the rights, title and interests of the parties therein, shall not
be assigned or transferred by either party, except upon prior written consent of the other party;
provided, however, that Vendor herein provides and grants such consent to City assigning and
transferring this Agreement and its rights hereunder, or a portion thereof, to any third party leasing
or financing source with whom city agrees, on city's behalf, to provide payment to Vendor of
amounts owed or to be owed by City to Vendor hereunder, or otherwise relating to City's leasing
or financing of the vehicles, equipment and apparatus contemplated hereby, and Vendor hereby
agrees to execute all documents reasonably necessary to effect such assignment.
7. This Agreement, including the Project Documents incorporated by reference, and
including the warranties required by the foregoing, constitute the entire agreement between the
parties, and there are no representations, conditions, or collateral agreements, expressed or
implied, with respect to this Agreement other than as contained herein, and this Agreement shall
supersede all previous communications, representations or agreements, either written or oral,
between the parties to this Agreement. This Agreement may not be modified or changed in any
way except by written agreement signed by the persons authorized to sign agreements on behalf
of Vendor and City.
Page 2 of 3
8. This Agreement shall be governed by the laws of the State of Colorado and shall
be construed in accordance therewith. The parties agree that venue for all actions or causes of
action relating to or arising from this Agreement, or the vehicles purchased hereunder, shall be in
Pueblo County, Colorado. All such actions shall be filed in the District Court, Count of Pueblo,
State of Colorado, and the parties submit to the jurisdiction of that Court.
CITY OF PUEBLO, a Municipal Corporation FREEDOM FORD INC.
By:
Pu hasing Agent
�\ Name:
City Clerly) Title:
Balance of Appropriation Exists and
Funds are Available:
& - 0,12 '�
Director off Finance
Approved as to form:
City Attom
Page 3 of 3
EXHIBIT'B"
ow suu -u2r
Poiics Vahid9s
QUOTATION RECORD
FOR
FOUR-DOOR SEDAN POLICE VEHICLE
MODEL YEAR: 2000
he total rest of the Vehicles including all optional equipment will to as follows. Pleas-3 �ncfudu
exact delivery data for all vehicles.
Cuanti,r item mire I11c!u .11 = l�r�mt7
50 4 Savan Police Vehicle $ 20.878.00 per unit
X 5D unitz
Grand Tutal $ 1,043..900.00
C--livery Date: 10 - 14 WEEKS
Eidder must provida the following lease /purchase information for a three year term as iolloxs inn
also a detailed loan amortization schedule.
Annual Percentage Rate:
Annual Payment Factor
CosinU ar Other Costs
Total Cast of [_ease /Purchaso
Annual Lease Payment
5.76 - q.,,
0.352165
NUKE
S1.102 85.12
S367.65.04
COMPANY: FREEDOM FM M.
ADDRESS: 2828 WY 50 WEST .FUEBLO,00.
Zip: 81008 P HONE : .719 -545 -3673 FAX NO.: 719 - 583 -8146
RATE 02 /18/00 F EDERAL I.D. NUMBER: 381412444
AUTHOR17JNG S1 NTURE:
BY; /J!���L� TITLE: SAYS ;`MGER