HomeMy WebLinkAbout241-05 RESOLUTION•
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RESOLUTION NO. 241-05
A RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT (8)
POLICE PATROL SEDANS FROM NORTH POINT FORD OF
NORTH LITTLE ROCK AT A TOTAL COST OF $164,928.00; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A WAIVER WITH THE FORD MOTOR COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the purchase of Eight (8) police patrol sedans from North
Point Ford of North Little Rock at a cost of $164,928.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute a waiver with the Ford
Motor Company, a copy of which, marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 20th day of December, 2005.
ATTEST.
By
APPROVED:
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/3? By:
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J
SONDRA SMITH, City Clerk
DAN COODY, May
• •
GENERAL RELEASE AND WAIVER
For good and valuable consideration, the receipt of which is hereby
acknowledged, the City of Fayetteville, Arkansas on behalf of itself and on behalf of its
past, present or future administrators, ("the Releasing Panics"), hereby releases and
forever waives from Ford Motor Company as well as any of Ford's past, present and
future parent and subsidiary corporations, divisions, affiliates, partners, joint venturers,
stockholders, predecessors, successors, assigns, officers, directors, employees,
administrators, trustees and fiduciaries ("the Released Parties") all claims arising from
Ford Motor Company's advertising or sale of the Crown Victoria Police Interceptors
relating to the following systems: (1) Heavy Duty Frame and Body Mounts; (2) Heavy
Duty suspension; (3) Heavy Duty Rear Springs; (4) Heavy Duty U -Joints; (5) Nitrogen
Shock Absorbers; (6) Stabilizer Bars; (7) Heavy Duty Alternator; (8) Heavy Duty Steel
Wheels; (9) Police Level Four Wheel Drive Disc Brakes; (10) Police Level Cooling
Package; and (11) Upper Ball Joints.
The Releasing Parties expressly waive any right or claim of right to assert
hereafter any claims, demand, obligation, and/or cause of action that it has, through
ignorance, oversight, or error, been omitted from the terms of this Agreement related to
the sale or advertising of the Crown Victoria Police Interceptors which arc currently or in
the future a part of the Civil Investigative Demand made by the Arkansas Attorney
General's Office.
The Releasing Parties acknowledge that there is a risk that, subsequent to the
execution of this Agreement, it or another Releasing Party may incur damage or loss that
one or more of the Releasing Parties deems in some way attributable to the Released
Parties' conduct relating to the sale or advertising of the above-described systems on the
Crown Victoria Interceptors, but that is unknown or unanticipated at the time this
Agreement is executed. The Releasing Panics acknowledges and assumes such risk that
the advertising or sale damages presently known may become more progressive, greater
or more serious than is now known, expected or anticipated.
Notwithstanding the above paragraphs, this release and waiver does not limit
warranty coverage on the Crown Victoria Police Interceptors; docs not waive any claims
unrelated to those under investigation by the Arkansas Attorney General's investigation;
does not waive any personal injury claim; and does not waive any claim of any sort on
any vehicle p chased before the execution of this Agreement.
BY
Dan Coody, Mayor
ATTEST:
By:
Akd )
Sondra Smith, City CI
DATE:
fa. • p :
is : FAYETTEVILLE •
':,9s'9RKANSt%)
David Bragg
Submitted By
•
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
20 -Dec -05
City Council Meeting Date
Fleet Operations
Division
Action Required:
•
Operations
LeS
cog 4br/h %n fr
,cbrd
Department
A resolution approving the purchase of eight police patrol sedans from North Point Ford of North Little Rock through
the State vehicle purchase contract in the amount of $164,928.00 and execution of the required waiver to Ford Motor
Company.
$164,928.00
Cost of this request
9700.1920.5802.00
Account Number
02081.1
Project Number
Budgeted Item
X
576,670.00
Category/Project Budget
$
408,111.00
Funds Used to Date
168, 559.00
Remaining Balance
Budget Adjustment Attached
Police/Passenger Replcmt. Vehicles
Program Category / Project Name
Vehicles and Equipment
Program / Project Category Name
Shop Fund
Fund Name
Department Director
12.2 -DS
Date
..)9/0114A "Z!j g
City Attorney ate
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
n/a
n/a
n/a
Comments:
•
•
aye exile
FLEET !PERATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
Interdepartmental Correspondence
To: Mayor/City Council
Thru: Gary Dumas, Director of Operations
From: David Bragg, Fleet Operations Superintendent.it
Date: December 1, 2005
Subject: Purchase of 8 Police Patrol sedans
RECOMMENDATION: That City Council approve the purchase of eight Police Patrol sedans
from North Point Ford of North Little Rock at a cost of $20,616.00 each; and that City Council
execute the required waiver to Ford Motor Co. related to the Arkansas Attorney General's
ongoing investigation.
BACKGROUND Analysis of projected mileage data and wreck history dictates a need for eight
replacement police patrol sedans between March and December 31, 2006. Orders must be
placed no later than January, 2006 to insure production and delivery in the 2006 model year.
The vehicles available through the State vehicle purchase contract from North Point Ford meet
City of Fayetteville specifications.
Funds for the eight replacement units are available in Fleet Account 9700.1910.5802.00, Project
#02081 — Police Passenger Vehicles.
The purchase of these units was approved by the Equipment Committee on November 30,
2005.
• •
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT (8)
POLICE PATROL SEDANS FROM NORTH POINT FORD OF
NORTH LITTLE ROCK AT A TOTAL COST OF $164,928 00; AND
AU'T'HORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A WAIVER WITH THE FORD MOTOR COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the purchase of Eight (8) police patrol sedans from North
Point Ford of North Little Rock at a cost of $164,928.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute a waiver with the Fo
Motor Company, a copy of which, marked Exhibit "A" is attached heret and
made a part hereof.
Jr
PASSED and APPROVED this 20th day of Decembe , 200
PPROVED: I
AN COQQPY, Mayor
ATTEST:
By
S • DRA SMITH, City Clerk
•
ve}ttevllW
ARKANSAS
FLEET OFSRATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
Equipment Committee Correspondence
TO:
City of Fayetteville, Equipment Committee
Robert Reynolds, Chairman Don Marr
Bobby Ferrell Lioneld Jordan
FROM: David Bragg, Fleet Operations Supt
DATE: November 22, 2005
SUBJECT: Purchase of Ford Police Interceptors from State Contract
Analysis of projected mileage data and wreck history dictates a need for 8 replacement police patrol
sedans between March and December 31, 2006. Orders must be placed no later than January, 2006
to insure production and delivery in the 2006 model year.
Vehicles meeting City of Fayetteville specifications are available through the State vehicle purchase
contract from North Point Ford of North Little Rock at a cost of $20,616 00.
I request approval of the Equipment Committee to place the purchase of eight (8) replacement police
patrol sedans from North Point Ford of North Little Rock on the agenda for the December 20, 2005
Council meeting and to recommend execution of the required waiver to Ford Motor Co. related to the
Arkansas Attomey General's ongoing investigation.
Funds for the 8 replacement units are available in 2005 Special Project Account 02081 —
Pohce/Passenger Vehicles.
Cc:
Gary Dumas
FLEET OP!ATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
Equipment Committee Correspondence
TO:
City of Fayetteville, Equipment Committee
Robert Reynolds, Chairman Don Marr
Bobby Ferrell
Lioneld Jordan
FROM: David Bragg, Fleet Operations Supt
DATE: November 22, 2005
SUBJECT: Purchase of Ford Police Interceptors from State Contract
Analysis of projected mileage data and wreck history dictates a need for 8 replacement police patrol
sedans between March and December 31, 2006. Orders must be placed no later than January, 2006
to insure production and delivery in the 2006 model year
Vehicles meeting City of Fayetteville specifications are available through the State vehicle purchase
contract from North Point Ford of North Little Rock at a cost of $20,616.00.
I request approval of the Equipment Committee to place the purchase of eight (8) replacement police
patrol sedans from North Point Ford of North Little Rock on the agenda for the December 20, 2005
Council meeting and to recommend execution of the required waiver to Ford Motor Co. related to the
Arkansas Attomey General's ongoing investigation.
Funds for the 8 replacement units are available in 2005 Special Project Account 02081 —
Police/Passenger Vehicles.
Cc:
Gary Dumas
1 t0t'co
1'' / A4r/
11 /3 °tai
g. Fo1Z
�a55 r
•
•
GENERAL RELEASE AND WAIVER
For good and valuable consideration, the receipt of which b hereby acknowledged,
the
• on behalf of itself and on behalf of its past, present or suture administrators
(the Releasing Parties"), hereby releases and forever waives from Ford Motor Company m well as any
of Ford's past, present and future parent end subsidiary corporations, divisions, affiliates, partners, feint
venturers, stodtholders, predecessors, successors,
administrators, trustees and f assignee officers, d(rettos, employees,
fiduciaries ('the Released Parties ail claims attiring from fiord Motor
Companys advertising or sale of the Crown Victoria Police interceptors relating to dna following systems
(1) Heavy Duty Frame and Body Mounts; (2) Heavy Duty Suspension; (3) Heavy Duty Roar Sprt gs; (4)
Heavy Duty Li -Joints; (6) Nitrogen Shock Absorbers; (6) Stabilizer Bars; (7) Heavy, Duty Alternator; (8)
Heavy Duty Steel Wheels; (9) Pollee Level Four Wheel Drive Disc Braes; (10) Police Level Coding
Package; and (11) Upper ball Joints.
The Releasing Parties expressly waive any right or claim of right to assort hereafter any clakns, demand,
obtgadon, and/or cause of action that It has, through Ignorance, oversight, or error, been omitted from the
forts of 8tb Agreement related is the sale or advertising of the Crown Vittoria Police Interceptors whish
are currently or in the future a part of the Civil Investigative Demand made by the Arkansas Attorney
Generals Office.
The Releasing Pates acknowledge that there Is a risk that, subsequent to the execution of this
Agreemfnt, It9r anp(her ReleaSfng PB ny may h yr damage or loss that one or mere 9f the Releasing
Parties deems In some way attributable to the Rekiased Parties' conduct relating to the sale or
advertising of the above-described systems on the Crown Vittoria Interceptors, but that Is unknown or
unanticipated at the time this Agreement Is executed. The Releasing Parties
and assumes
such risk that the advertising or sale seriousdes presently �� may become more progressive, greatterero
more ser
that b now known, expected or anticipated.
Notwlthstandiny the above paragraphs, anis release and waiver does not limit warranty coverage on the
Crown Victoria Police Interceptors; does not waive any claims unrelated to those under investigation by
the Arkansas Attorney Generale Investigation; does not waive any personal Injury claim; and does not
waive any Balm of any sort on any vehicle purchased before the execution of this Agreement
Print name and tltte of Authorized Signatory
Signature and title of Authorized Signatory
Date
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager:
(D CO V 0) co A W N �
O
3
Requester
BARBARA OLSEN
.� n
Address:
Vendor #
6481
City Of Fayetteville
(Not a Purchase Order)
11152, fixed asset #701152
11151, fixed asset #701151
1150, fixed asset #701150
11149, fixed asset #701149
1148, fixed asset #701148
11147, fixed asset #701147
11146, Fixed Asset#701146
1#1145, Fixed Asset #701145
contract. To be:
white, per State vehicle purchase
2006 Ford Crown Interceptors,
1 Description
W
'Quantity
Lot
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
'Unit of Issue
N
N
0
O
J
CI
O
co
Cost
State:
Vendor Name:
North Point Ford Inc.
$0.00
O
0
O
o
0
$0.00
O
0
$0.00
$0.00
O
0
O
O
N
Q)
A0
D
N
co
O
O
'Extended Cost
(O
v
0
O
CI '..co
CI
N
O
N
CO
0
N
O
0
Account Numbers
Requesters Employee #
1940
C
to
0
O
Q
Fob Point:
Ship to code:
050
_ 02081.1
'ProjecVSubproject #
m
m
M
O
yIX
(D
N
Divison Head Approval
<-(
d
N u
v
0
Z
C
Mail
Yes:_
P.O Number
Requisition No.
Inventory #
Quotes Attached
Yes:_ No:
Expected Delivery Date:
0
m
m
O
O
N
Fixed Asset #
•
•
City of Fayetteville, Arkansas
Request for Expansion/Replacement Equipment
Division: Police Program: Patrol Date of Request: 12/01/05
Expansion or Replacement X Purchase from Acct. Number: 9700.1920.5802.00
Unit # for Current Vehicle: 1037, 48, 69, 70, 73, 74, 75, 82 Unit # for Expansion/Replacement: 1145-1152
Purchase Price: $ 20,616 CIP Budget Amt: $ 26,000 CIP Year Budgeted: 05 Project # 02081
Total Annual Budgeted Motor Pool Charges for Ea.Unit
Acct. # for monthly charges 1010.2940.
Replacement: 5,001 Maintenance: 4,080 Overhead: 513
Monthly Motor Pool Charges for Current Unit:
Replacement: 348.00 Maintenance: 340.00 Overhead: 42.79
Monthly Motor Pool Charges for New Unit:
Replacement: 416.76 Maintenance- 340.00 Overhead: 42.79
# of Months New Unit to be in Service for Current Year 12.00
Is a Budget Adjustment Needed?
X No Yes BA is attached
Budgeted Amount:
Annual Cost:
Difference (Over)/Under Budget:
9,594.48
9,594.60
(0.12)
Description of equipment to be purchased/transferred: (Attach Additional Sheets if Necessary)
2005 Ford Crown Interceptor sedans, Police Package
Justification for expansion/replacement: (Attach Additional Sheets if Necessary)
Analysis of projected mileage data and wreck history dictates a need for eight replacement police patrol sedans between
March and December 31, 2006.
Approval Signatures:
Division Head Date Department Director Date
Date Finance & Internal Services Dir Date
Fleet Operations Superin
Budget Manager Date
_Mayor Date
Ploas �.Eeturrf ofigi ial for'rii'to Fleets hen_sigried by,all.
-
Clarice Pearman - Res. 241-05 •
From: Clarice Pearman
To: Bragg, David
Date: 12/28/05 12:43 P M
Subject: Res. 241-05
David,
Attached is a copy of the above resolution passed by City Council, December 20, 2005. I will forward the
requisition to Audit and forward via interoffice mail the original of your replacement form
CC: Bell, Peggy; Deaton, Vicki
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