Loading...
Resolution No. 89381 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF DON KOTT FORD ON BID NO. 1440 FOR THE PURCHASE OF ONE 2006 CHRYSLER 300 TOURING VEHICLE FOR THE POLICE DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF A VEHICLE PURCHASE CONTRACT AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Police Department has requested the purchase of a sedan "plain unit" vehicle for use by the Chief of Police; and WHEREAS, pursuant to Resolution No. 8886 adopted by the City Council of the City of Vernon on November 2, 2005, the Acting City Clerk was directed to give notice inviting sealed proposals or bids for the purchase of one 2006 Chrysler 300 Touring vehicle ( "Chrysler 300 ") in accordance with a bid specification provided by the Police Department; and WHEREAS, based upon the bid specification, the Purchasing Department prepared Bid No. 1440 dated November 11, 2005, and proceeded to solicit bids for the purchase of the Chrysler 300; and WHEREAS, sealed bids for Bid No. 1440 were opened on November 28, 2005, and reviewed by the Police Department; and WHEREAS, the Finance Director has recommended that Bid No. 1440 be awarded to Don Kott Ford, the lowest responsible bidder meeting the requirements of Bid No. 1440. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • SECTION 2: The City Council of the City of Vernon hereby awards Bid No. 1440 to Don Kott Ford and accepts and approves the Vehicle Purchase Contract, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute the Vehicle Purchase Contract for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto and authorizes the issuance of a purchase order for the purchase of the Chrysler 300 Touring vehicle pursuant to Bid No. 1440. SECTION 4: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send one fully executed Contract to: Don Kott Ford Attn: Truman E. Williams, Fleet Account Manager 21212 South Avalon Boulevard Carson, CA 90745 SECTION 5: All other bids in connection with Bid No. 1440 are rejected, subject to execution of the aforesaid contract documents from Don Kott Ford accompanied by all required certificates. 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 21st day of December, 2005. ATTES BR E- -V. MALKENHORST, JR. Acting City Clerk - 2 EONIS C. M'LBUR , Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8938, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, December 21, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) - 3 BR V. MALKENHORST, JR. Acting City Clerk EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 December, 2005, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City ") 4305 Santa Fe Avenue Vernon, CA 90058 AND RECITALS DON KOTT FORD, a Division of Sonic Automotive (hereinafter referred to as "Don Kott ") 21212 South Avalon Blvd. Carson, CA 90745 WHEREAS, the City's Police Department needs a new sedan "plain unit" vehicle for use by the Chief of Police; and WHEREAS, City staff have determined that a new 2006 Chrysler 300 Touring vehicle would meet the needs and requirements of the Police Department; and WHEREAS, on November 11, 2005, the City issued Bid No. 1440 which sets forth specifications for the new 2006 Chrysler 300 Touring vehicle required by the City; and WHEREAS, on November 28, 2005, Don Kott responded to Bid No 1440; and WHEREAS, the City has accepted Don Kott's bid and desires to purchase one new 2006 Chrysler 300 Touring vehicle from Don Kott. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Purchase. Don Kott agrees to sell to the City one new 2006 Chrysler 300 Touring vehicle that meets the specifications contained in City of Vernon Bid No. 1440, dated November 14, 2005, and that is consistent with Don Kott's Bid of November 28, 2005 (collectively referred to as the "Bid Documents "). A copy of the Bid Documents are attached hereto as Exhibit "A" and incorporated herein by reference 2. Price. Consistent with its Bid, Don Kott agrees to sell and deliver, subject to final inspection by the City, one new 2006 Chrysler 300 Touring vehicle for the sum of Twenty -Six Thousand Five Hundred Eight Dollars and No Cents ($26,508.00), plus sales tax and tire fees and less any applicable discounts. 3. Payment Terms. The City agrees to pay Don Kott a total of Twenty -Six Thousand Five Hundred Eight Dollars and No Cents ($26,508.00), plus sales tax and tire fees and less any applicable discounts. Payment will be made within thirty (30) days net of receipt of the vehicle. 4. Warranties. All manufacturers' warranties, the warranties specified on the Bid Documents and any other warranties made applicable by law, shall apply to the City's purchase of the above - referenced vehicle. 5. General Provisions. A. Governing Law. The laws of the State of California shall govern the rights, obligations, duties and liabilities 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 writin shall be sent to: - 2 - EXHIBIT A REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: CITY PURCHASING AGENT TELEPHONE (323) 583 -8811 TO: Don Knott Ford CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vemon, California 90058 21212 S. Avalon Blvd. Carson, CA 90745 Attn: Truman Williams ( ) Rap— coo 3 Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QUOTATION NO. 144 0 DATE MAILED 11/14/05 QUANTITY DESCRIPTION NET UNIT PRICE TOTAL 2006 Chrysler 300 touring Vehicle As Per Attached Specifications. ---- -- PLEASE NOTE Bid number must be indicated on the outside of the envelope; otherwise, bid will not be accepted. IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESPONSE TO THIS REQUEST FOR QUOTATION WILL BE OPENED IN CITY PURCHASING AGENTS OFFICE ON THE 23th DAY OF November 20 DS—_ AT 2: QOp -m 0 6/56v L3.75 774-e- Jr" NOTE: Quote prices exclusive of Sales Tax and Excise Taxe/ A. Indicate Sales Tax in this space $ d./.86 9 B. Indicate Excis9 Tax in thjs space $ B. Above quotations subject to Cash Discount of....Q 4/1-74 ,�°�k, F.O.B a I � A 1lG�>r'sl G? C. To be delivered to CITY OF VERNON at J 34> 5 5 /1-110- We (I) agree to furnish above in 60 76 days from receipt of purchase order at prices specified. _ FOR 2)4 Al /1-0 % C 4i v j' /e, =-a —� ' Flan jdame, SIGN HER I ,,,..r , ,�;�� DATE ...1...L1 - D5 MAIL TO PURCHASING DEPT. - 12/02 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 specifications for final approval by the City of Vernon and the Vernon Police Department prior to purchase. 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 "equivalent" 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. ! 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 CITY OF VERNON 15 By: 16 LEONIS C. MALBURG, Mayor 17 ATTEST: 18 BRUCE V. MALKENHORST, JR. 19 Acting City Clerk 20 APPROVED AS TO FORM: 21 22 ERIC T. FRESCH, City Attorney 23 CONTRACTOR 24 By: 25 Title: 26 27 By: 28 Title: SUPPORTING DOCUMENTS 1 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 qriginal hereof for all purposes, as of this day of MOCK Fe ary, 2006, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND RECITALS DON KOTT FORD, a Division of Sonic Automotive (hereinafter referred to as "Don Kott ") 21212 South Avalon Blvd. Carson, CA 90745 WHEREAS, the City's Police Department needs a new sedan "plain unit" vehicle for use by the Chief of Police; and WHEREAS, City staff have determined that a new 2006 Chrysler 300 Touring vehicle would meet the needs and requirements of the Police Department; and WHEREAS, on November 11, 2005, the City issued Bid No. 1440 which sets forth specifications for the new 2006 Chrysler 300 Touring vehicle required by the City; and WHEREAS, on November 28, 2005, Don Kott responded to Bid No. 1440; and WHEREAS, the City has accepted Don Kott's bid and desires to purchase one new 2006 Chrysler 300 Touring vehicle from Don Kott. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN- 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Purchase. Don Kott agrees to sell to the City one new 2006 Chrysler 300 Touring vehicle that meets the specifications contained in City of Vernon Bid No. 1440, dated November 14, 2005, and that is consistent with Don Kott's Bid of November 28, 2005 (collectively referred to as the "Bid Documents "). A copy of the Bid Documents are attached hereto as Exhibit "A" and incorporated herein by reference 2. Price. Consistent with its Bid, Don Kott agrees to sell and deliver, subject to final inspection by the City, one new 2006 Chrysler 300 Touring vehicle for the sum of Twenty -Six Thousand Five Hundred Eight Dollars and No Cents ($26,508.00), plus sales tax and tire fees and less any applicable discounts. 3. Payment Terms. The City agrees to pay Don Kott a total of Twenty -Six Thousand Five Hundred Eight Dollars and No Cents ($26,508.00), plus sales tax and tire fees and less any applicable discounts. Payment will be made within thirty (30) days net of receipt of the vehicle. 4. Warranties. All manufacturers' warranties, the warranties specified on the Bid Documents and any other warranties made applicable by law, shall apply to the City's purchase of the above - referenced vehicle. 5. General Provisions. A. Governing Law. The laws of the State of California shall govern the rights, obligations, duties and liabilities 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: - 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City: Don Kott: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS PURCHASING ASSISTANT 4305 SANTA FE AVENUE VERNON, CA 90058 -0805 DON KOTT CHRYSLER JEEP ATTN: TRUMAN E. WILLIAMS, FLEET ACCOUNT MANAGER 21212 SOUTH AVALON BOULEVARD CARSON, CA 90745 6. Entire Agreement. This Contract is the entire agreement of the parties. Don Kott 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, 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 relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will select an arbitrator. Those two arbitrators will then select a third. The three - member panel will make the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court - 3 - 3 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. Any and all contracts between Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRE , City Attorney CITY OF VERNON DON KOTT FORD By: ��-- ---�7� Title: - f By: Title: - 4 - REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: CITY PURCHASING AGENT TELEPHONE (323) 583 -8811 TO: Don Knott Ford CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vernon, California 90058 21212 S. Avalon Blvd. Carson, CA 90745 Attn: Truman Williams ( i'') (0 — 1 (00 3 Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QUANTITY DESCRIPTION NET UNIT PRICE TOTAL 2006 Chrysler 300 touring Vehicle As Per Attached Specifications. PLEASE NOTE Bid number must be indicated on the outside of the envelope; otherwise, bid will not be accepted. IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RES%QR SE TO THIS REQUEST FOR QUOTATION WILL BE OPENED IN CITY PURCHASING AGENTS OFFICE ON THE L6th DAY OF November 20 D5_ AT 2: 00p.m OTE: Quote prices exclusive of Sales Tax and Excise Taxed A. Indicate Sales Tax in this space $ al/86, - B. Indicate Excise Tax in this space $ B. Above quotations subject to Cash Discount of.. t. N t-t 3 5%, F.O.B all/ Al 1LU�'. C i r ) C. To be delivered to CITY OF VERNON at V 3e> � 5 5 i / F. (2. We (I) agree to furnish above in 60 76. 9D days from receipt of purchase order at prices specified. DnAi flv7 CtiyS /e �i!4 Ftrmt4amee SIGN HER MAIL Tfl PI IF?r^_D.DeoIkIg_ nrr,-,- 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 specifications for final approval by the City of Vernon and the Vernon Police Department prior to purchase. 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 "equivalent" 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 Vemon 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. Delivery 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. Delivery 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. 3 4 ,� which may be considered and used as the original hereof for all purposes, as of this — day of 5 I , 20 , in the City of Vernon, County of Los Angeles, California 6 BY AND BETWEEN THE CITY OF VERNON (hereinafter 7 referred to as the "City") 4305 Santa Fe Avenue 8 Vernon, CA 90058 9 AND CONTRACTOR. 10 11 12 WHEREAS, the City is in need of a Vehicle for its 13 I Department; and 14 WHEREAS, on , 20 , the City issued Bid No. which sets forth 15 specifications for the vehicle required by the City; and 16 WHEREAS, on , 20 responded to Bid No. ; and 17 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." VEHICLE PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of (hereinafter referred to as " ") 26 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, 27 subject to final inspection by the City, 28 Dollars and Vehicle for the total sum of Cents ($ ), including tax and final inspection. 2 3. Payment Terms. The City agrees to pay CONTRACTOR a total of 3 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 j 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 5. General Provisions. 10 A. Governing Law. The laws of the State of California shall govern the 11 rights, obligations, duties and liability of the parties to this Contract and shall also govern the interpretation of this Contract. 12 13 B. Notices. Notices to the parties, unless otherwise requested in writing, 14 shall be sent to: 15 { City. THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS, PURCHASING 4305 SANTA FE AVENUE 16 VERNON, CA 90058 -0805 17 CONTRACTOR: 18 { ATTN: 19 20 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. 23 7. Benefit. of Agreement. This Contract shall bind and benefit the parties hereto 24 25 26 27 28 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 3 4 5 6 7 8 9 10 11 12 13 relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will select an arbitrator. Those two arbitrators will then select a third. The three- member panel will make the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. Any and all contracts between Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. 14 15 16 17 ATTEST: 18 BRUCE V. MALKENHORST, JR. 19 Acting City Clerk 20 ! APPROVED AS TO FORM: 21! 22 ERIC T. FRESCH, City Attorney 23 24 25 26 27 28 3 CITY OF VERNON By: LEONIS C. MALBURG, Mayor CONTRACTOR By: Title: By: Title: Memo To: Rory Burnett, Acting Finance Director From: Dolores Jaunzemis, Purchasing Assists Date: December 07, 2006 Re: Bid #1440 RESULTS — 2006 Chrysler 300 Touring The Purchasing Section solicited bids as authorized per resolution #8886 for one 2006 Chrysler 300 Touring vehicle for the Police Department. On November 14, 2005 five bids were sent out. Bids were received and opened on November 28, 2005. Below are the bid results: VENDOR BID QUOTE ** DON KOTT FORD $26,508.00 LA BREA CHRYSLER JEEP $26,988.00 MOOTHART CHRYSLER NO BID GONZALES CHRYSLER PLYMOUTH NO BID STAR CHRYSLER JEEP NO BID The Police Chief has reviewed and approved the bids. It is the recommendation of the Purchasing Section that Bid #1440 be awarded to the lowest bid from Don Kott Ford and that authorization is granted to issue this vendor a purchase order in the amount of $26,508.00 (plus sales tax and tire fee). ** Sales tax and tire fee additional • Page 1 BID RESULTS BID: #1440 OPENING DATE: NOVEMBER 28, 2005 DESCRIPTION: (1) 2006 CHRYSLER 300 VENDORS DON KOTT FORD LA BREA CHRYSLER JEEP MOOTHART CHRYSLER GONZALES CHRYSLER PLYMOUTH STAR CHRYSLER JEEP BID TOTAL* $26,508.00 $26,988.00 NO BID NO BID NO BID *SALES TAX AND TIRE FEES ARE ADDITIONAL TO BID TOTAL. REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: CITY PURCHASING AGENT TELEPHONE (323) 583 -8811 TO: Don Knott Ford 21212 S. Avalon Blvd. CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vernon, California 90058 Carson, CA 90745 Attn: Truman Rap m Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. FOR CITY USE ONLY QUOTATION NO. 1440 DATE MAILED 11/14/05 REC'D BY CITY OPENS yij�i/L -.mil .`4' ',0 - QUANTITY DESCRIPTION NET UNIT PRICE TOTAL 1 2006 Chrysler 300 touring Vehicle As Per Attached Specifications.�is� PLEASE NOTE Bid number must be indicated on the outside of the envelope; otherwise, bid will not be accepted. f !a7( e �. oj6i 56 t lax. . Thz- a° 4' IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL, ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESPRUSE TO THIS REQUEST FOR QUOTATION WILL BE OPENED IN CITY PURCHASING AGENT'S OFFICE ON THE Z.8th DAY OF November 20 O,S AT 2: 0Op -m NOTE: Quote prices exclusive of Sales Tax and Excise Taxee j A. Indicate Sales Tax in this space $ a /QC.., B. Indicate Excise Tax in th's space $ B. Above quotations subject to Cash Discount of. ...0 Ncf 3� 5 , F.O.B Gr j / id. tLL,!»1..t'.r� C. To be delivered to CITY OF VERNON at 9 3 D 5 4l We (I) agree to furnish above in 6o 91) days from receipt of purchase order at prices specified. FOR D4 'IF fl ) 74t C1i✓•i iS /� y 4-a JJ _ 1ffFimiplame, / SIGN HER `r#r+,'�r'rG DATE // - G/ MAIL TO PURCHASING DEPT. 12/02 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 specifications for final approval by the City of Vernon and the Vernon Police Department prior to purchase. 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 "equivalent' 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. Delivery 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. Delivery 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 AND THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 CONTRACTOR. (hereinafter referred to as " ") WHEREAS, the City is in need of a Vehicle for its Department; and WHEREAS, on , 20, the City issued Bid No. which sets forth specifications for the vehicle required by the City; and WHEREAS, on , 20, CONTRACTOR responded to Bid No. ; and WHEREAS, the City has accepted the bid of CONTRACTOR which is attached hereto as Exhibit "A" and incorporated herein by reference and desires to purchase the from CONTRACTOR. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. CONTRACTOR agrees to sell to the City a Vehicle, which meets the specifications contained in City of Vernon Bid No. , dated 20, and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid Documents "), which is attached hereto as Exhibit "A." 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, subject to final inspection by the City, Vehicle for the total sum of Dollars and Cents ($ ), including tax 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and final inspection. 3. Payment Terms. The City agrees to pay CONTRACTOR a total of Dollars and Cents ($ ), including tax, for the purchase of the vehicle. (further terms). 4. Warranties. CONTRACTOR shall provide, at a minimum, a three (3) year factory bumper -to- bumper warranty covering parts and labor to begin upon acceptance of the by the City. All manufacturers' warranties, and any other warranties made applicable by law, shall apply to the City's purchase of the above - referenced Vehicle. 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: CONTRACTOR: 6. THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS, PURCHASING 4305 SANTA FE AVENUE VERNON, CA 90058 -0805 ATTN: 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 relation to this Contract, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). Each party will select an arbitrator. Those two arbitrators will then select a third. The three- member panel will make the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. Any and all contracts between Contractor and any subcontractor relating to this Agreement shall include the same arbitration clause. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney 3 CITY OF VERNON By: LEONIS C. MALBURG, Mayor CONTRACTOR By: Title: By: Title: