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Resolution No. 8886 1 2 3 RESOLUTION NO. 8886 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING NOTICE INVITING SEALED PROPOSALS OR BIDS FOR THE PURCHASE OF ONE 2006 CHRYSLER 300 TOURING VEHICLE FOR THE POLICE DEPARTMENT 5 6 7 WHEREAS, the Police Department has determined that it needs 8 a new sedan "plain unit" vehicle for use by the Chief of Police and 9 that said determination is consistent with the needs and uses by all 10 other Police Chiefs in Los Angeles County; and 11 WHEREAS, the Police Department has determined that a fully 12 equipped 2006 Chrysler 300 Touring vehicle is the best vehicle to meet 13 its needs; and 14 WHEREAS, on October 25, 2005, the Finance Committee 15 considered the request to seek formal bids for the purchase of one (1) 16 fully equipped 2006 Chrysler 300 Touring vehicle; and 17 WHEREAS, a bid specification for the purchase of the fully 18 equipped 2006 Chrysler 300 Touring vehicle has been presented to the 19 City Council of the City of Vernon; and 20 WHEREAS, the City Council of the City of Vernon has 21 determined that it is in the best interests of the City of Vernon that 22 bids be solicited in accordance with the Vernon City Code. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 24 CITY OF VERNON AS FOLLOWS: 25 SECTION 1: The City Council of the City of Vernon hereby 26 finds and determines that the recitals contained hereinabove are true 27 and correct. 28 SECTION 2: The bid specification, which is attached hereto 1 as Exhibit A and incorporated by reference, is hereby approved by the 2 City Council of the City of Vernon. 3 SECTION 3: The Acting City Clerk of the City of Vernon is 4 hereby directed to give notice, in writing, inviting sealed proposals 5 or bids for the purchase of one (1) fully equipped 2006 Chrysler 300 6 Touring vehicle, in accordance with the bid specification, and in 7 accordance with this resolution. 8 SECTION 4: There being no newspaper of general circulation 9 printed, published or circulated in the City of Vernon, the Acting 10 City Clerk is hereby directed to post said notice, or cause the same 11 to be posted, in three of the most public places in the City of 12 Vernon, to wit: the northwest corner of 38th Street and Santa Fe 13 Avenue, the northeast corner of Leonis Boulevard and Pacific 14 Boulevard, and on the bulletin board located outside on the wall near 15 the second floor entrance to the City Hall of said City, located at 16 4305 Santa Fe Avenue, all in the City of Vernon, County of Los 17 Angeles, State of California. 18 SECTION 5: The Acting City Clerk of the City of Vernon is 19 hereby directed to post said notice forthwith and the first posting of 20 said notice shall be at least ten (10) days before the opening of the 21 bids for the proposed contract. Said notice shall provide that sealed 22 proposals or bids will be received by the City of Vernon at the office 23 of the Acting City Clerk, or his designee, at the City Hall, 4305 24 Santa Fe Avenue, Vernon, CA 90058-0805. 25 / / / 26 / / / 27 / / / 28 / / / - 2 - 1 2 3 SECTION 6: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of November, 2005. 4 5 6 ~~d~t~~J . .~LEONIS C. MA BURG,qMayor 7 ATTEST: 8 9 10 11 12 13 14 BRUCE V. MALKENHORST, JR. Acting City Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 STATE OF CALIFORNIA 2 3 4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of ss COUNTY OF LOS ANGELES 5 Vernon, do hereby certify that the fore~oing Resolution, being 6 Resolution No. 8886, was duly adopted by the City Council of the City 7 of Vernon at a regular meeting of the City Council duly held on 8 Wednesday, November 2, 2005, and thereafter was duly signed by the 9 Mayor of the City of Vernon. ~ ----- 10 11 12 BRUCE V. MALKENHORST, JR. Acting City Clerk 13 14 ( SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT A Vernon Police Department SPECIFICATIONS GENERAL The vehicle covered by this specification is for the purchase of one (1) Chysler 300 Touring 2006, vehicle and shall be supplied as specified from the manufacturers new, unused and latest model complete with all necessary equipment and accessories. The vehicle shall be delivered completely assembled and ready to operate. All equipment normally furnished, as a standard shall be included. All separate units or components shall be new, unused, installed connected and delivered in good . operating order. The subject vehicle shall conform in all respects and be equipped to operate legally on California State Highways as specified in the California Motor Vehicle Code. The vehicle shall meet all California State and Federal safety and emission standards when delivered to the City of Vernon. The successful bidder shall submit in detail a. final draft of all soecifications for final aooroval bv the Citvof Vernon and the Vernon Police Deoartment orior to ourchase. All bids submitted shall include sufficient associated literature as required to fully describe and detail the items under consideration. This should include photographs, performance charts, components list, dimensional drawings, etc. The bidder shall clearly state any changes, exceptions or substitutions of . equivalent equipment/materials to these specifications. Whenever materials or equipment are specified or described in the specifications by using the name of proprietary item or name of a particular manufacture, fabricator, supplier of distributor, the naming of the item is intended to establish the type, function and quality required. The term "equivalent" as used in this specification, means "authorized equivalent" and acceptance of the "equivalenf' is subject to the approval of the City of Vernon. Warranties The manufacturers warranties on the vehicle and any added equipment shall be delivered to the City of Vernon without waiver by the city of any recourse under California law. Installation No installation is needed on this bid. Inspection The bidder shall arrange for a pre-delivery inspection and right of refusal by the City of Vernon Police Department. Deliverv Date All bidders shall provide a date to deliver the vehicle. It is of utmost concern to the City of Vernon that the quoted delivery date be met. Any delay in the delivery shall be immediately reported in writing to the purchasing agent with a copy to the Police Department representative, Chief Benudiz. Any change in the original quoted delivery date is subject to the approval by the City of Vernon. The City of Vernon reserves the right to cancel the purchase order for non- performance of delivery by the quoted date at no cost or obligation to the City of Vernon. Deliverv The vehicles shall be delivered to 4305 Santa Fe Avenue, Vernon, California, 90058. The vehicle shall be ready for immediate and safe operation, having had completed any necessary vehicle registration documentation. The invoice, any necessary vehicle registration documentation, warranty information, and manuals must accompany delivery. Delivery shall be Monday - Thursday from 0800 - 1400 and a forty-eight hour notice must be given to Chief Benudiz. This vehicle request is not a special order and should be the same type of vehicle that is readily available to the general public and identical to the specifications listed in the manufacture 2006 Brochure for the 2006 Chrysler 300 Touring. Description - 2006 Chrysler 300 Touring - Magnesium Pearl Exterior Color - Interior Light Slate Gray Leather Vehicle Specifications - 3.5-Liter High-Output V6 24-Valve MPI Engine - 3.64 Axle Ratio - P215/65R17 BSW All Season Tires - 17" x 7.0" Aluminum Wheels 4-Speed Automatic Transmission Leather-Trimmed Low-Back Bucket Seats AM/FM/CD w/Changer Controls and Aux Input Jack 4 Speakers Antenna Integrated In Rear Window Front Advanced Multistage Air Bags 8-Way Power Driver's Seat - Power Windows with Driver's One- Touch-Down Feature Power Trunklid Release - Speed-Sensitive Power Locks -Air Conditioning - Rear Passenger Assist Handles - Power Accessory Delay - Power Rack-and-Pinion Steering - Rear 60/40 Folding Seat - Rear Chrysler Wing Badge - Rear Door Child-Protection Locks - Rear Reading/Courtesy Lamps - Rear Window Defroster - Rear Seat Cupholder In the Armrest - Sentry Key@ Engine Immobilizer Theft-Deterrent - Speed Control - Sun Visors with Illuminated Vanity Mirrors - Trunk Lamp - Variable Intermittent Windshield Wipers - 18 Gallon Fuel Tank Manuals - Mechanical - Electrical - Repair & Emissions Contract The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. 1 2 3 4 5 6 7 8 9 AND VEHICLE PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this _ day of , 20_, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 10 11 12 13 CONTRACTOR. (hereinafter referred to as " ") WHEREAS, the City is in need of a Vehicle for its Department; and 14 WHEREAS, on , 20_, the City issued Bid No. _ which sets forth vehicle required by the City; and , 20_, CONTRACTOR responded to Bid No. ; and 15 specifications for the 16 17 WHEREAS, on WHEREAS, the City has accepted the bid of CONTRACTOR which is attached hereto as 18 Exhibit "A" and incorporated herein by reference and desires to purchase the from 19 CONTRACTOR. 20 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 21 FORTH HEREIN: 22 1. Purchase. CONTRACTOR agrees to sell to the City a 23 Vehicle, which meets the specifications contained in City of Vernon Bid No. _, dated 24 20_, and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid 25 Documents"), which is attached hereto as Exhibit "A." 26 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, 27 subject to final inspection by the City, Vehicle for the total sum of 28 Dollars and Cents ($ ), including tax 1 and final inspection. 2 3 3. Payment Terms. The City agrees to pay CONTRACTOR a total of Dollars and Cents ($ ), including tax, for the 4 purchase of the vehicle. (further terms). 5 4. Warranties. CONTRACTOR shall provide, at a minimum, a three (3) year 6 factory bumper-to-bumper warranty covering parts and labor to begin upon acceptance of the 7 by the City. All manufacturers' warranties, and any other warranties made applicable 8 by law, shall apply to the City's purchase of the above-referenced Vehicle. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. General Provisions. A. Governing Law. The laws of the State of California shall govern the rights, obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of this Contract. B. Notices. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS, PURCHASING 4305 SANTA FE AVENUE VERNON, CA 90058-0805 CONTRACTOR: ATTN: 6. Entire Agreement. This Contract is the entire agreement of the parties, CONTRACTOR represents that in entering into this Contract, it has not relied on any previous representations or understandings of any kind or nature. 7. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. 8. Forum. Any dispute related to this Contract shall be adjudicated in a state court serving the County of Los Angeles, California. 9. Arbitration. The parties agree that any and all disputes arising out of or in -2- 1 relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, 2 finally and conclusively by arbitration in Los Angeles County, California under the auspices of and 3 pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will 4 select an arbitrator. Those two arbitrators will then select a third. The three-member panel will make 5 the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide 6 written reasons for their decision. The arbitration decision shall be final and binding on the parties. 7 Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any 8 arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action 9 shall be the Superior Court of California, Los Angeles County. Any and all contracts between 10 Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and 12 through their authorized officers on the date, month and year first written above. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON By: LEONIS C. MALBURG, Mayor ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney CONTRACTOR By: Title: By: Title: - 3 -