Resolution No. 8939
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RESOLUTION NO. 8939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF FORD WEST ON BID NO.
1441 FOR THE PURCHASE OF ONE 2006 FORD ESCAPE
HYBRID VEHICLE FOR THE HEALTH DEPARTMENT AND
APPROVING AND AUTHORIZING THE EXECUTION OF A
VEHICLE PURCHASE CONTRACT AND THE ISSUANCE OF A
PURCHASE ORDER RESPECTING SAID BID
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WHEREAS, the Environmental Health Department has requested
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the purchase of a new vehicle to replace an older vehicle; and
WHEREAS, pursuant to Resolution No. 8887 adopted by the City
Council of the City of Vernon on November 2, 2005, the Acting City
WHEREAS, sealed bids for Bid No. 1441 were opened on
November 28, 2005, and reviewed by the Environmental Health Department;
and
WHEREAS, the Finance Director has recommended that Bid No.
1441 be awarded to Ford West, the lowest responsible bidder meeting the
requirements of Bid No. 1441; and
WHEREAS, ABC Group, Inc. is doing business as Ford West.
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
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SECTION 2:
The City Council of the City of Vernon hereby
3 awards Bid No. 1441 to Ford West and accepts and approves the Vehicle
4 Purchase Contract, in substantially the same form as the copy which is
5 attached hereto as Exhibit A and incorporated by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
7 authorizes the Mayor to execute the Vehicle Purchase Contract for, and
8 on behalf of, the City of Vernon and the Acting City Clerk is hereby
9 authorized to attest thereto and authorizes the issuance of a purchase
10 order for the purchase of the 2006 Ford Escape Hybrid vehicle pursuant
11 to Bid No. 1441.
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SECTION 4:
The City Council of the City of Vernon hereby
13 directs the Acting City Clerk, or his designee, to send one fully
14 executed Contract to:
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Ford West
Attn: Gary Galbraith, Municipal Sales Manager
8625 E. Artesia Blvd.
Bellflower, CA 90706
SECTION 5:
All other bids in connection with Bid No. 1441
19 are rejected, subject to execution of the aforesaid contract documents
20 from Ford West accompanied by all required certificates.
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SECTION 6:
The Acting City Clerk of the City of Vernon
22 shall certify to the passage of this resolution, and thereupon and
23 thereafter the same shall be in full force and effect.
24 APPROVED AND ADOPTED this 21st day of December, 2005.
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ATTES~~
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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,,/ EONIS C. LBURG, Mayor
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STATE OF CALIFORNIA
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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. 8939, 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.
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BRUC V. MALKENHORST, JR.
Acting City Clerk
(SEAL)
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EXHIBIT
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VEHICLE PURCHASE CONTRACT
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THIS CONTRACT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
4 as the original hereof for all purposes, as of this
day of
5 December, 2005, in the City of Vernon, County of Los Angeles,
6 California
7 BY AND BETWEEN
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THE CITY OF VERNON
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058
ABC GROUP, INC., dba FORD WEST
(hereinafter referred to as
"Ford West")
8625 Artesia Blvd.
Bellflower, CA 90706
RECITALS
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WHEREAS, the City's Environmental Health Department needs a
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new vehicle to replace an older vehicle; and
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WHEREAS, City staff have determined that a new 2006 Ford
Escape Hybrid vehicle would meet the needs and requirements of the
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Environmental Health Department; and
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No. 1441; and
WHEREAS, the City has accepted Ford West's bid and desires
to purchase one new 2006 Ford Escape Hybrid vehicle from Ford West.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
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1. Purchase. Ford West agrees to sell to the City one
new 2006 Ford Escape Hybrid vehicle that meets the specifications
contained in City of Vernon Bid No. 1441, dated November 14, 2005, and
that is consistent with Ford West's Bid of November 21, 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, Ford West agrees to
sell and deliver, subject to final inspection by the City, one new
2006 Ford Escape Hybrid vehicle for the sum of Twenty-Four Thousand
Nine Hundred Seventy-Eight Dollars and No Cents ($24,978.00), plus
sales tax and tire fees and less any applicable discounts.
3. Payment Terms. The City agrees to pay Ford West a
total of Twenty-Four Thousand Nine Hundred Seventy-Eight Dollars and
No Cents ($24,978.00), 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:
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City:
THE CITY OF VERNON
ATTN: DOLORES JAUNZEMIS
PURCHASING ASSISTANT
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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Ford West:
FORD WEST
ATTN: GARY GALBRAITH, MUNICIPAL SALES MANAGER
8625 E. ARTESIA BLVD.
BELLFLOWER, CA 90706
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Entire Agreement. This Contract is the entire
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agreement of the parties.
Ford West represents that in entering into
this Contract, it has not relied on any previous representations or
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understandings of any kind or nature.
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Benefit of Agreement. This Contract shall bind and
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benefit the parties hereto, their heirs, successors, and permitted
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assigns.
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Forum. Any dispute related to this Contract shall be
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adjudicated in a state court serving the County of Los Angeles,
California.
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Arbitration. The parties agree that any and all
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disputes arising out of or in relation to this Contract, including
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without limitation any action in tort, shall be resolved exclusively,
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finally and conclusively by arbitration in Los Angeles County,
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California under the auspices of and pursuant to the rules of the
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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
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decisions of the arbitrators shall be in writing, and the arbitrators
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shall provide written reasons for their .decision. The arbitration
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decision shall be final and binding on the parties.
Notwithstanding
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the foregoing, the parties shall be permitted to .access the court
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1 system to enforce any arbitration award or to obtain injunctive
2 relief. The exclusive jurisdiction and venue for any such action
3 shall be the Superior Court of California, Los Angeles County. Any
4 and all contracts between Contractor and any subcontractor relating to
5 this Agreement shall include the same arbitration clause.
6 IN WITNESS WHEREOF, the parties have caused this Contract to
7 be executed by and through their authorized officers on the date,
8 month and year first written above.
CITY OF VERNON
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By:
LEONIS C. MALBURG, Mayor
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ATTEST:
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BRUCE V. MALKENHORST, JR.
Acting City Clerk
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APPROVED AS TO FORM:
15 ERIC T. FRESCH, City Attorney
ABC GROUP, INC., dba
16 FORD WEST
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Title:
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By:
Title:
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EXHIBIT A
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REQUeST FOR QUOTATIONS
NOT A PURCHASE OROER
DIRECT ALL INQUIRIES TO:
CITY PURCHASING AGENT
TELEPHONE (323) 583-8811
CITY OF VERNON, CALIFORNIA
PURCHASING DEPARTMENT
CITY HALL
4305 Santa Fe Ave. - Vernon, California 90058
BY
TO: li'nrd vP~
8625 E. Artesia B1vd.
Bellf1ower, CA 90706
A~hn: .~ARY GA~BRAITH, MUNICIPAL SALES MANAGER
Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder ma)
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 aU
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
1 2006 Ford Escape Hybrid As Per Attached Specifications. $27,047 44
$24,978.00 - SELLING PRICE
2,060.69 - SALES TAX
. 8.75 - CALIFORNIA TIRE FEE
~ 0.00 - LICENSE EXEMPT
$27,047.44
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-----.-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~\:'hTO THIS REQUESNFO~TATlON WILL BE OPENfj5'N CITY P'fffltflNG AGENrS
OFFICE ON THE DAY OF OV er 20 AT. p...
NOTE: Quote prices exclusive of Sales Tax and Excise Taxes.
A. Indicate Sales Tax in this'space $....................................................................B. Indicate Excise Tax in this space $.....................1............................
B. Above quotations subject to Cash Discount 01................................................. %, F.O.B..............................................................................................
C. To be delivered to CITY OF VERNON at......................................................................................................................................................................
We (I) agree to furnish above in ......_....~~p......................days from receipt of purchase order at prices specified.
FOR................f.Q .......
SIGN HERE.......
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11/21/05
DATE.................. ..... ..,.....................................
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Page 1 of 1
Jaunzemis, Dolores
..~.~".......-..-......",_...._.........,..-,--.............................",--...",......_................*,,,,,,,-,,,............................................_.............................",............,..........;...--......,.,....""'......"...,..,..........-.............,.,..........................".,..........................---.......-....................-.........-.......-.."'....."'...........--.........".....--'.._................~_.....................................,.......,.......,...,........,..,.........,..,.........---.._...._........-
From: Gary Galbraith [garyg@fordwest.com]
Sent: Tuesday, November 29, 2005 4:29 PM
To: Jaunzemis, Dolores
Subject: Estimated de6very date-2006 Ford Escape Hybrid
Dolores,
Ford's Escape Hybrid is not an open allocation vehicle and Ford Motor Company warns that their acceptance of an order is not a
commitment to build the vehicle. All that said, we have delivered many Hybrid's this year and have no reason to beHeve an order
placed at this time won't be honored. We are currently estimating Hybrid deliveries at 85-105 days after receipt of order.
Thank You
Gary Galbraith, Municipal Sales Manager
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY'; GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Envirornnental Health
S. KEVIN WILSON
Director of Community Services
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
SHARON L. DUCKWORTH
Acting Oty Treasurer
October 11; 2005
City ofVemon
TECHNICAL SPECIFICATIONS FORA
2006 FORD ESCAPE HYBRID FRONT Wl:ffiEL DRIVE (FWD)
INTENT
It is the intent of this specification to provide fol' the purchase of one (1) new and unused 2006 Ford
Escape Hybrid 'Front Wheel Drive with a 2.3L 14 Atkinson cycle engine and 'continuously variable
transmission. The City of Vemon has evaluated different tjrpes of vehicles and has determined that this
'product is best suited for the department's needs in safety, quality, performance, and standardization. 11Ie
departm~nt previously purchased an Escape Hybrid in 2005.
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In comparing proposals, consideration will not be confined to price only. The successful bidder will be
one whose product is judged shall best serve the interests of the City of Vemon when price, product,
safety, quality and delivery are considered. The City ofVemon reserves the right to reject any or all bids
or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder
submitting the lowest qualified and responsible bid meeting the requirements of this specification.
The City requires the successfQ1 bidder to provide proof of insurance, including a standard certificate of
insurance, in at least the amounts and coverage indicated on the insurance schedule. In addition 'to the
standard certificate of insurance, proof of general and umbrella liability coverage shall also be furnished
in the form indicated on the attached insurance schedule (Exhibit "A"). '
EOUIVILENTPRODUcr
Bids will be accepted for the consideration on any make or model that is equal or superior to the vehicle
specified. Decisions of equivalency will be at the sole interpretation of the City. A blanket statement that
equipment proPosed will meet all requirements will not be sufficient to establish equivalency. Original
manufacturer's brochures of the PI'9posed unit are to be submitted with the proposal.
All modifications made to the standard production unit described in the manufacturer's brochures must be
certified. by the inanufacturer and submitted with the bid, or the bid will be deemed "non-responsive" and
WV'l'futdttd1' Inltudrl.'
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rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one
proposed, if requested.
INTERPRETATIONS
In order to be fair to all bidders, no oral interpretations will be given to any bidder as to the meaning of
the specification documents or any part thereof. Every request for such a consideration shall be made in
writing to the City of Vemon. Based on such inquiry, the City may choose to issue an Addendwn.
GENERAL
The specification herein states the minimum requirements of the City. All bids must be regular in every
respect Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of
Veroon will consider as "irregular" or "non-responsive" any bid not prepared and submitted in accordance
with the document and specification, or any bid lacking sUfficient technical literature to enable the
Department to make a reasonable determination of compliance to the specification.
It shall be the bidder's responsibility to'carefully examine each item of the specification. Failure to offer
a completed bid or failure to respond to each section of the technical specification will cause the proposal '
to be rejected without review as "non-responsive". All variances, exceptions and/or deviations shall be
fully described in the appropriate section. Deceit in responding to the specification will 1;>e cause for
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2006 FORD ESCAPE HYBRID FRONT WHEEL DRIVE (FWD}
POWER AND HANDLING
. 2.3L 4V 14 Atkinson cycle engine, permanent magnet electric motor~ Regenerative Braking
System
. 330V Sealed Nickel-Metal-Hydride (NiMH) battery pack
. Electric power-assisted steering (EP AS)
. Electronically controlled Continuously Variable Transmission (eCV1)
. Front Wheel Drive (FWD)
. 4-wheel independent suspension
. Hybrid-unique 16" aluminum wheels
. P235170R A1S BSW tires
'lJlEL TANK
. Tank shall be full at time of delivery
_:~,W~'i~_ . "
. ~: molded-in-color gray, front and rear, 2-1/2 mph
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. Grille - painted black surround with black mesh center
. Power adjustable/manual fold sideview mirrors
. Roof rack with 2 horizontal bars
. Clear lens headlamp
. Stoplight, center high-mount
. Fog lamps
. Oxford White Clearcoat paint
. Front and rear fascias and bodyside cladding: mo1ded-in-color gray
. Privacy glass
. Solar tinted glass on door glass and liftgate with dot matrix pattern on windshield
INTERIOR
. Interior color shall be Medium DK Grey FLNT Premium Cloth '
. Manual Air conditioning
. Rear floor heat ducts
. AM!FM Stereo with 6-disc in-dash CD system with clock and 4 speakers
. Seats - Front Seats: low-back buckets, premium cloth with adjustable head restraints, driver
and passenger map pockets and 6-way power driver's seat
_ Rear seat: 60/40 split premium cloth with adjustable head restraints, tip/fold flat latch
and removable seat cushion
" . White-faced instrument cluSter - instrument panel warning signals, unique hybri,d gauges and
message center
. Interior lights with off-delay (mcludes center dome with map lamps and rear cargo area light)
. llluminated entry
. Battery saver feature with headlamps off/delay
. Power locks
. Power windows with one-touch-down driver's side feature and accessory delay
. Speed control and color-keyed tilt steering wheel
. Floor s~r and floor console with 2-cup holders, storage bin and I powerpoint with cap
. Wipers/defrost -front: variable intermittentllow/high, rear: 2-speed and rear defrost
. Day/night tearview mirror
. 'Sun visors, cloth-covered with vanity mirrors
. Passenger assist ~dles-2 in front, 2 in rear with coat hooks
. Floor mats-color keyed carpeted front floor mats with driver retention, hook
SAFETY AND SECURITY
. Personal Safety System-includes dual-stage airbag system for driver, single stage for front
passenger seat position and Front Passenger Sensing System
. Power 4- Wheel disc brakesl4-wheel anti-lock braking system
. Side intrusion door beams .
. Safety Belt Restraint System-includes manual 3-point shoulder and lap safety belts at all seating
positions (mcludmg rear center seating position, safety belt pretensioners and height adjustable D-rings
~n driver and front passenger seats)
. Belt-Minder (driver's side safety belt reminder system)
. LArCH (Lower Anchors and Tethers for Children)
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· Child safety locks (rear doors)
· Remote keyless entry w/2 key fobs
· Perimeter alarm
· SecuriLock passive anti-theft system
WARRANTY
· Standard Ford 2006 vehicle warranty
SERVICE MANUALS
· Vendor shall provide mechanical, electrical and emission repair manuals.
CONTRACT
· The vendor shall be required to execute a vehicle purchase contract in substantially the same form
as the draft contract attached hereto.
DELIVERY
· Acceptance shall be subject to the inspection and approval of the City of Vernon.
Price:
$24,978.00
Tax: 2 , 060 . 69
CALIF. TIRE FEE 8.75
Total Cost: $27,047.44
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Submitted by:
FORD WEST
Address:
CA 90706
Signature:
GARY B. GALBRAITH/MUNICIPAL
Note: Bid must be received in a sealed envelope and returned to the City of Vernon Finance Department
no later than 2:00 PM on November 28,2005.
9cLO:HBA1.1H ,DEPTN chicle bid request 200S.doc
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VEHICLE PURCHASE CONTRACT
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9 AND
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 Vemon, County of Los Angeles, California
BY AND BETWEEN
THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe A venue
Vernon, CA 90058
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CONTRACTOR.
(hereinafter referred to as "
")
WHEREAS, the City is in need of a
Department; and
Vehicle for its
WHEREAS, on
, 20-, the City issued Bid No.
vehicle required by the City; and
, 20_, CONTRACTOR responded to Bid No.
which sets forth
. 15 specifications for the
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WHEREAS, on
; and
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:
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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."
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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
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Dollars and
Cents ($
), including tax
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I 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 ofthe 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 t~e 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.
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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:
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SUPPORTING
DOCUMENTS
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VEHICLE PURCHASE CONTRACT
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THIS CONTRACT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
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4 as the original hereof for all purposes, as of this
day of
5 February, 2006, in the City of Vernon, County of Los Angeles,
6 California
7 BY AND BETWEEN
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THE CITY OF VERNON
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058
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AND
ABC GROUP, INC., dba FORD WEST
(hereinafter referred to as
"Ford West")
8625 Artesia Blvd.
Bellflower, CA 90706
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RECITALS
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WHEREAS, the City's Environmental Health Department needs a
new vehicle to replace an older vehicle; and
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WHEREAS, City staff have determined that a new 2006 Ford
Escape Hybrid vehicle would meet the needs and requirements of the
Environmental Health Department; and
WHEREAS, on November 14, 2005, the City issued Bid No. 1441
which sets forth specifications for the new 2006 Ford Escape Hybrid
required by the City; and
WHEREAS, on November 21, 2005, Ford West responded to Bid
No. 1441; and
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WHEREAS, the City has accepted Ford West's bid and desires
to purchase one new 2006 Ford Escape Hybrid vehicle from Ford West.
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
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1. Purchase. Ford West agrees to sell to the City one
new 2006 Ford Escape Hybrid vehicle that meets the specifications
contained in City of Vernon Bid No. 1441, dated November 14, 2005, and
that is consistent with Ford West's Bid of November 21, 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, Ford West agrees to
sell and deliver, subject to final inspection by the City, one new
2006 Ford Escape Hybrid vehicle for the sum of Twenty-Four Thousand
Nine Hundred Seventy-Eight Dollars and No Cents ($24,978.00), plus
sales tax and tire fees and less any applicable discounts.
3. Payment Terms. The City agrees to pay Ford West a
total of Twenty-Four Thousand Nine Hundred Seventy-Eight Dollars and
No Cents ($24,978.00), 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:
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City:
THE CITY OF VERNON
ATTN: DOLORES JAUNZEMIS
PURCHASING ASSISTANT
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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Ford West:
FORD WEST
ATTN: GARY GALBRAITH, MUNICIPAL SALES MANAGER
8625 E. ARTESIA BLVD.
BELLFLOWER, CA 90706
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6.
Entire Agreement. This Contract is the entire
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agreement of the parties.
Ford West represents that in entering into
this Contract, it has not relied on any previous representations or
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understandings of any kind or nature.
7.
Benefit of Agreement. This Contract shall bind and
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benefit the parties hereto, their heirs, successors, and permitted
assigns.
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Forum. Any dispute related to this Contract shall be
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adjudicated in a state court serving the County of Los Angeles,
California.
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9.
Arbitration. The parties agree that any and all
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disputes arising out of or in relation to this Contract, including
without limitation any action in tort, shall be resolved exclusively,
20
finally and conclusively by arbitration in Los Angeles County,
21
California under the auspices of and pursuant to the rules of the
22
Judicial Arbitration & Mediation Services Inc. (JAMS). Each party
will select an arbitrator. Those two arbitrators will then select a
23
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
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1 system to enforce any arbitration award or to obtain injunctive
2 relief. The exclusive jurisdiction and venue for any such action
3 shall be the Superior Court of California, Los Angeles County. Any
4 and all contracts between Contractor and any subcontractor relating to
5 this Agreement shall include the same arbitration clause.
6 IN WITNESS WHEREOF, the parties have caused this Contract to
7 be executed by and through their authorized officers on the date,
8 month and year first written above.
CITY OF VERNON
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BY:~~'
,./' LEONIS C. . BURG, Mayor
I),-
12 BRUCE
Acting
LKENHORST, JR.
ltyClerk
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APPROV~ ~
~. A
ERIC T. FRE CH, City~rney
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INC., dba
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REQUEST FOR QUOTATIONS
. NOT A PURCHASE ORDER
DIRECT ALL INQUlRIESlO:
CITY PURCHASING AGENT
TELEPHONE (323) 58.3-8811
CITY OF VERNON, CAUFORNIA
PURCHASING DEPARTMENT
CITY HALL
4305 Santa Fe Ave. - Vernon, California 90058
FOR CITY USE ONLY
QUOTATION NO. 1.&.& 1
DATE MAILED 11/14/05
fO: Fn.....d Tilp~
8625 E. Artesia B1vd.
BY
'Be11f1ower, CA 90706
Af'.t:n :
Please quote hereon the lowest net price you can furnish the articles.or services.specified below. Quote on each item separately. Bidder m
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 fonn whether a price is quoted or not.
.GARY GA~BRAITH, MUNICIPAL SALES MANAGER
QUANTITY
DESCRIPTION
I JET UNIT PRICE ..
TOTAL
1
'2006 Ford Escape Hybrid As Per Attached SpecificatiOns.
$27,047 ~
$24,978.00
2,060.69
. 8.75
11 / 0.00
o $27,047.44
- SELLING PRICE
- SALES TAX
- CALIFORNIA TIRE
- LICENSE EXEMPT
FEE
-----PLEASE NOTE------
Bid number must be indicated on the outside
of the envelope; otherwise, bid will not be
accepted.
IF INSUFFICIENT SPACE PAOVIOEO ABOVE FOR PROPOSAl, AlTACH RlOER OR SUPPLEMENT. cAsH DISCOUNTS
QUOTED FOR PERIOOS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWAAOED. BIOS
RECEIVED IN RESPQttSli. TO THIS REQUEST-FOR OQ,OTATJON WILL BE OPENm.JN CITY PUltC.tUSING AGENT'S
OFFICEONTHE 26th . DAYOF NOVember 20 U.') AT Z:UU p...
""E: Quote prices exclusive of Sales Tax and Excise Taxes.
^' Indicate Sales Tax in this'space $....................................................................B. Indicate Excise Tax in this space $.....................,..........................
B. Above quotations subject to Cash Discount ot................................................ %, F.O.B.............................................................................................
C. To be delivered to CITY OF VERNON at.. ........ ................. ..... ................ ............ ....... ....... .... ....... ..... .................................... .... .... ....... ..... ............... ....
We (I) agree to furnish above in ..__.......~~Q.....................days from receipt of purchase order at prices specified.
FOR.................fQ . .....
SIGN HERL.....
.
_ 11/21/05
:.... ............. .... .........-:~. ........ ...... ...............O'...... .............
1.
. Page I of
Jaunzemis, Dolores
From: Gary Galbraith [garyg@fordwest.com)
Sent: Tuesday, November 29,20054:29 PM
To: Jaunzemis, Dolores
Subject: Estimated defivery date-2006 Ford Escape Hybrid
lolores,
ord's Escape Hybrid is not an open allocation vehicle and Ford Motor Company warns that their acceptance of an order is not a
)mmitment to build the vehicle. AU that said, we have delivered many Hybrid's this year and have no reason to believe an order
aced at this time won't be honored. We are currently estimating Hybrid deliveries at 85-105 days after receipt of order.
lank You
Gary Galbraith, Municipal Sales Manager
'2885
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "~Y'; GONZALES
Coundlman
w: MICHAEL McCORMICK
Councilman
SOL BENUDIZ
Police CUef
MARl< C. WHITWORTIi
Actin8 Fire Chief
LEWIS J. POZZEBON
Director of EnvirorunentaJ Health
S. KEVIN WILSON
Director of Community Services
4305 Santa Fe Avenue, Vernon. California 90058
telephone (323) 583-8811
SHARON L. DUCKWORTH
Acting Oty Treasurer
October I 1; 2005
City of Vernon
TECHNICAL SPECIFICATIONS FOR A
2006 FORD ESCAPE HYBRID FRONT WJ:IEEL DRIVE (FWD)
INTENT
, It is the intent of this specification to provide fOF the purchase of one (1) new and' unused 2006 Ford
Escape Hybrid 'Front Wheel Drive with a 2.3L 14 Atkiilson cycle engine and Continuously variable
transmission. The City of Vernon has evaluated different tjpes of vehicles and has determined that this
, product is best suited for the depactmenCs needs in safety~ quality, performance~ and standardization. 111e
departm~nt previously purchased an Escape Hybrid in 2005.
.
In comparing proposals, considemtion will not be confined to price only. The successful bidder will be
one whose product is judged shall best serve the interests of the City of Vemon when price, product,
safety~ quality and delivei:y are considered. The City ofVemon reserves the right to reject any or all bids
or any part thereof, and"to waive any minor technicalities. A contiact will be awaided to the bidder
submittiilg the lowest qualified and responsible bid meeting the requirements of this specification.
~ City requires the successfql bidder to provide proof of insurance~ including a standard certificate of
insurance~ in at least the amounts and covemge indicated on the insurance schedule. In addition'to the
standard certificate of insurance, proof of general and umbrella liability coverage shall also be furnished
in the fonn indicated on the attacbed insurance schedule (Exhibit "A j. '
EQUlVILENTPRODUcr
Bids will be accepted for the consideration on any make or model that is equal or superior to the vehicle
specified. Dec~ions of equivalency will be at the sole interpretation of the City. A blanket statement that
equipment proposed will meet aU req~ents will not be sufficient to establish equivalency. Original
manufacturer's brochures of the p~posed unit are to be submitted with the proposal.
All modifications made to the standard production unit described in the manufacturer's brochures must be
certified by the manufacturer and submitted with the bid, or the bid will be deemed "non-responsive" and
ftI".. .~.. J.._f.. Of~"..~~r
,.' A
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rejected without further review. Bidder must be prepared to demonstrate a wlit similar to the one
proposed, if requested.
, INTERPRETATIONS
In order to be fair to all bidders, no oml interpretations will be given to any bidder as to the meaning. of
the specification docwnents or any part thereof. Every request for such a consideration shall be made in
writing to the City of Veroon. Based on such inquiry, the City may choose to issue an Addendwn.
GENERAL
The specification herein states the minimum requirements of the City. All bids must be cegular in every
respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of
Veroon will consider as ccirregulaf' or <'non-responsive" any bid not prepared and submitted in accordance
with the document and specification, or any bid lacking sUfficient technical literature to enable the
Department to make a reasonable determination of compliance to the specification.
It shall be the bidder's responsibility to"carefully examine each item of the specification. Failure to offer
a completed bid or failure to respond to each section of the technical specification will cause the proposal '
to be rejected without review as "non-responsive". All variances, exceptions and/or deviations shall be
fully described in the appropriate section. Deceit in responding to the specification will be cause for
~ecti~ '
2006 FORD ESCAPE HYBRID FRONT WHEEL DRIVE (FWD}
POWER AND HANDLING
. 2.3L 4V 14 Atkinson cycle engine, permanent magnet electric motor~ Regenerative Braking
Syste~
. 330V Sealed Nickel-Metal-Hydride (NiMH) battery pack
. Electric power-assisted steering (EP AS)
. Electronically controlled Continuously Variable Transmission (eCV1)
. Front Wheel Drive (FWD)
. 4-wheel independent suspension
. Hybrid-unique 16" aluminum wheels
. P235/70R A/S BSW tires
"fUEL T~
. Tank shall be full at time of delivery
1D'ElU. ",' .... ~
. -- .--(
. Bumpers: molded-in-color gray, front and rear, 2-1/2 mph
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. Grille - painted black surround with black mesh center
. Power adjustable/manual fold sideview mirrors
. Roof rack with 2 horizontal bars
. Clear lens headlamp ,
. Stoplight, center high-mount
. Fog lamps
. Oxford White Clearcoat paint
. Front and rear fascias and bodyside cladding: molded-in-color gray
. Privacy glass
. Solar tinted glass on door glass and liftgate with dot matrix pattern on windshield
INTERIOR
. Interior color shall be Medium DKGrey FLNf Premium Cloth '
. Manual Air conditioning
. Rear floor heat ducts
. AMJFM Stereo with 6-disc in-dash CD system with clock and 4 speakers
. Seats - Front Seats: low-back: buckets, premium cloth with adjustable head restraints, dt.iver
and passenger map pockets and 6-way power driver's seat
_ Rear seat: 60/40 split premium cloth with adjustable head restraints, tip/fold fiat latch
and removable seat cushion '
_ _ . ,White-faced instrument cluSter - instrument panel warning signals, unique h~d gaug~ and
message center ,
. Interior lights with off-delay (mcludes center dome with map lamps and rear cargo area light)
. illuminated entry
. Battery saver feature with headIamps off/delay
. Power locks
. Power windows with one-touch-down driver's side feature and accessoty delay
. Speed control and color-keyed tilt steering wheel
. Floor s~r and floor console with 2-cup holders, storage bin and 1 powerpoint with cap
. Wipers/defrost - .front: variable intermittent/low/higb, rear: 2-speed and rear defrost
. Day/night tearview mirror
. 'Sun visors, cloth-covered witJi vanity mirrors
. Passenger assist ~dIes-2 in front, 2 in reM with coat hooks
. Floor mats--color keyed carpeted front floor mats with driver retention, hook
SAFETY AND SECURITY
. Personal Safety System-includes dual-stage airbag system for driver, single stage for front
passenger seat position and Front Passenger Sensing System
. Power 4- Wheel disc brakesl4-wheel anti-look braking system
. Side intrusion door beams
, .
. Safety Belt Restraint System-includes manual 3-point shoulder and lap safety belts at aU seating
positions (QlCluding rear center seating position, safety belt pretensioners and height adjustable D-rings
90 driver and flont passenger seats)
. Belt-Minder (driver's side safety belt reminder system)
. LATCH (Lower Anchors and Tethers for Children)
;..,. ,"
. Child safety locks (rear doors)
. Remote keyless entry w/2 key fobs
. Perimeter alann
. SecuriLock passive anti-theft system
WARRANTY
. Standard Ford 2006 vehicle warranty
SERVICE MANUALS
. Vendor shall provide mechanical, electrical and emission repair manuals.
CONTRACT
. The vendor shall be required to execute a vehicle purchase contract in substantially the same form
as the draft contract attached hereto.
DELIVERY
. Acceptance shall he subject to the inspection and approval of the City of Vernon.
Price: $24,978.00
Tax: 2 , 060. 69
CALIF. TIRE FEE 8.75
Total Cost: $27,047.44
~
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Submitted by:
FORD WEST
Address:
CA 90706
Signature:
GARY B. GALBRAITH/MUNICIPAL SALES
Note: Bid must be received in a sealed envelope and returned to the City ofVemon Finance Department
no later than 2:00 PM on November 28, 2005.
9cLO:HEALTHDBPTNehicle bid request 2005.doc
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VEHICLE PURCHASE CONTRACT
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9 AND
THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of
which may be considered and used as the original hereof for all purposes, as of this _ day of
,20_, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN
THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
CONTRACTOR.
(hereinafter referred to as "
")
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WHEREAS, the City is in need of a
Department; and
Vehicle for its
, 20_, the City issued Bid No.
vehicle required by the City; and
, 20_. CONTRACTOR responded to Bid No.
which sets forth
WHEREAS, on
,15 specifications for the
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17
WHEREAS, on
; and
WHEREAS, the City has accepted the bid of CONTRACTOR which is attached hereto as
18 Exhibit "A" and incorporated herein by reference and desires to purchase the
from
19 CONTRACTOR.
20 NOW, TIIEREFORE,THE PARTIES HERETO DO MUTUALLY AGREE AS SET
21 FORTH HEREIN:
22
l.
Purchase. CONTRACTOR agrees to sell to the City a
23 Vehicle, which meets the specifications contained in City of Vernon Bid No. , dated
24 20_, and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid
~5 Documents"), which is attached hereto as Exhibit "A."
~6
2.
, Price. Consistent with its Bid, CONTRACfOR agrees to sell and deliver,
7 subject to final inspection by the City,
Vehicle for the total sum of
8
Dollars and
Cents ($
), including tax
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and fmal inspection.
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3.
Payment Terms. The City agrees to pay CONTRACTOR a total of
,4 purchase of the vehicle.
Cents ($
(further terms).
), including tax, for the
Dollars and
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4. Warranties. CONTRACTOR shall provide, at a minimum, a three (3) year!
OR 36,000 MILESa~
factory bumper-to-bumper warranty covering parts and labor to begin upon acceptance of the D'
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.
5.
General Provisions.
A. Governing Law. The laws of the State of California shall gove~ 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 otheIWise reqll;ested in writing,
shall be sent to:
City:
THE CITY OF, VERNON
A TIN: DOLORES JAUNZEMIS, PURCHASING
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
CONTRACTOR:
A1lN:
6.
Entire Agreement. This Contract is the entire agreement oJ 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
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"
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,,'. ""
I 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 t~e 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.
1 I 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
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CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MAL~NHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
CONTRACTOR
By:
~5
Title:
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By:
Title:
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