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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