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Resolution No. 92731 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. 9273 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 2008 FORD ESCAPE HYBRID VEHICLE FOR THE HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT WHEREAS, the Health & Environmental Control Department has determined that it needs to replace one of the 2002 Toyota RAV4 Electric Vehicles currently being leased through Toyota Lease Trust because of the significant cost to replace the aging batteries in said vehicle; and WHEREAS, on May 3, 2006, the City Council of the City of Vernon approved Resolution No. 9032 approving two Closed End Motor Vehicle Lease Extension Agreements (the "Lease Agreements") for two 2002 Toyota RAV 4 Electric Vehicles from July 16, 2006 to July 16, 2007; and WHEREAS, the Health & Environmental Control Department has determined that a 2008 Ford Escape Hybrid vehicle is the best vehicle to meet its needs; and WHEREAS, the Director of Health & Environmental Control has recommended that authority be granted for the Purchasing Agent, or her designee, to seek formal bids for the purchase of the 2008 Ford Escape Hybrid vehicle and, following the purchase, that one of the Lease Agreements be terminated; and WHEREAS, a bid specification for the purchase of the 2008 Ford Escape Hybrid vehicle has been presented to the City Council of the City of Vernon; and WHEREAS, the City Council of the City of Vernon has 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 determined that it is in the best interests of the City of Vernon that bids be solicited in accordance with the Vernon City Code. 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 Ifinds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The bid specification, which is attached hereto as Exhibit A and incorporated by reference, is hereby approved by the City Council of the City of Vernon. SECTION 3: The Acting City Clerk of the City of Vernon is hereby directed to give notice, in writing, inviting sealed proposals or bids for the purchase of the 2008 Ford Escape Hybrid vehicle, in accordance with the bid specification, and in accordance with this resolution. SECTION 4: There being no newspaper of general circulation printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to post said notice, or cause the same to be posted, in three of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board located outside on the wall near the second floor entrance to the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 5: The Acting City Clerk of the City of Vernon is hereby directed to post said notice forthwith and the first posting of said notice shall be at least ten (10) days before the opening of the - 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 bids for the proposed contract. Said notice shall provide that sealed proposals or bids will be received by the City of Vernon at the office of the Acting City Clerk, or her designee, at the City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058-0805. SECTION 6: The City Council of the City of Vernon hereby authorizes the Acting City Administrator, or his designee, to execute any documents or take any action deemed necessary after the purchase of the 2008 Ford Escape Hybrid vehicle to terminate one of the Lease Agreements to implement and carry out the purposes of this resolution. SECTION 7: 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 19th day of March, 2007. TTEST: ANUELA GIRON, Acting City Clerk A� �/ d�- , AI, -� -,- � HILARIO G NZA" S, Mayor Pro-Tem - 3 - 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, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9273, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, March 19, 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. (SEAL) NUELA GIRON, Acting City Clerk - 4 - EXHIBIT 0 March 6, 2007 I! ' City of Vernon TECHNICAL SPECIFICATIONS FOR A 2008 FORD ESCAPE HYBRID FRONT WHEEL DRIVE (FWD) INTENT It is the intent of this specification to provide for the purchase of one (1) new and unused 2008 Ford Escape Hybrid Front Wheel Drive with a 23L I4 Atkinson Cycle Engine and Electronically Controlled Continuously Variable Transmission. The City of Vernon has evaluated different types of vehicles and has determined that this product is best suited for the department's needs in safety, quality, performance, and standardization. The department previously purchased Escape Hybrids in 2005 and 2006. 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 Vernon when price, product, safety, quality and delivery are considered. The City of Vernon 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 successful 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" ). EQUIVILENT PRODUCT 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 proposed 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 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 Vernon. Based on such inquiry, the City may choose to issue an Addendum. 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 Vernon 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 be cause for rejection. FORD ESCAPE HYBRID FRONT WHEEL c- • Exterior Paint — Oxford White Clearcoat • Interior Color — Stone (cloth) MECHANICAL • 2.3L I4 Atkinson Cycle Engine with permanent magnet AC -synchronous electric motor • 330V Sealed Nickel -Metal -Hydride (NiMM battery • Electric power steering (EPS) • Electronically controlled Continuously Variable Transmission (eCVT) • Front Wheel Drive (FWD) • 4-wheel independent suspension • Fuel tank —15 gallon capacity • Mini -size spare wheel and tire with wheel -nut wrench and jack • Power 4-wheel disc brakes with anti -lock Brake System (ABS) • Regenerative Braking System EUL TANK 9 Tank shall be full at time of delivery EXTERIOR IN • 16" cast -aluminum wheels • P235/70R16 all -season BSW tires • Automatic Headlamps • Chrome Grille • Fog lamps — front, round • Privacy glass • Roof -rack side rails - Black • Air conditioning -Dual zone Electronic Automatic Temperature Control • AM/FM stereo/single CD player and 4 speakers with MP3 capability • Auxiliary audio input jacks • Center dome light with map lights and cargo area light • Floor mats -Front and rear, color -keyed carpeted • Floor console -Storage bin with removable interior bins and 4 cup holders • Power points (2) — One in each row • Power windows, door locks and sideview mirrors • Steering wheel -mounted cruise control SEAM • Front seats — Premium -grade cloth low -back buckets with map pockets • Power 6-way driver seat • Rear seats Premium -grade cloth 60/40 split with tip -fold latches SAFETY AND SECURITY • 3-Point safety belt restraint system for all seating positions • Battery saver with headlamps -off delay • Belt -Minder safety belt reminder • Child -safety rear door locks • Front -seat side airbags • Height adjustable shoulder safety belts -front • Latch System • Personal Safety System • Remote Keyless -entry system 2 integrated key fobs • Safety Canopy System with Side -Curtain Airbags and Rollover Sensor • SecuriLock passive anti -theft system • Side -intrusion door beams • Tire Pressure Monitor System (TPMS) WARRANTY • 8yr./100,000 mile Hybrid Limited Warranty • 3 yr/36,000 Bumper/Bumper 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: Tax: Total Cost: Submitted by: Address: Signature: 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 April XX, 2007. 9cLG:HEALTH DEPT/Vehicle bid request 2007.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 191 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 ! I 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 " ") 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: l . 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: 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 ariaing out of or in -2- 1 2 3 4 5 6 7 8 9' 10!i 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 Un Title: By: Title:- -3- CITY OF VERNON LEONIS C. MALBURG, Mayor CONTRACTOR EXHIBIT A INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including but not limited to, a standard original certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily IniurX Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000 000 per employer II. Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An original endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement and specifying the activities covered. 4. Such other endorsement as may be required by City. 5. A copy of your general and umbrella insurance policy declarations page. 6. A copy of schedule of forms of endorsement. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. SUPPORTING DOCUMENTS CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 27, 2007 TO: Lewis Pozzebon, Director of Environmental Health FROM: Nelly Giron, Acting City Clerk RE: Resolution No. 9273 - A Resolution of the City Council of the City of Vernon Approving and Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of One 2008 Ford Escape Hybrid Vehicle for the Health 7 Environmental Control Department Transmitted herewith is a copy of Resolution No. 9273 referenced above, which was approved by City Council on March 19, 2007. Thank you. NG:dr c: Dolores Jaunzemis Resolution No. 9273 V�L: ,r... A' Is To: City Council Eric Fresch, Acting City Administrator From: LewisPontboADireWdHealth Officer Cc: Leonard Grossberg, Senior Emironmental Health Specialist D&ms7aume * R=hasing Assistant Date: March 6, 2007 APPROVED MAR 19 '07 CITY COUNCIL CITY CLERK DISTRIBUTION JJDI (roR ROES. 3/%/-*1 Re: Request for Authorization to replace an Existing Health Department Vehicle with a New Vehicle RCS . 9 273 The Health Department budget for 2006-2007 includes funding for a new vehicle. The new vehicle will replace an existing vehicle which is one of the 2002 Toyota RAW Electric Vehicles being leased. Toyota Lease Trust has restricted the lease to exclude maintenance services which makes the City vulnerable for potential significant costs to replace the aging batteries in the RAV4. I am recommending termination of one of the RAW lease agreements following the purchase of a new vehicle. In addition, because of the lease arrangement, we have also retained a 1991 Ford Tempo (Unit 202) as a back up vehicle. Due to the age of Unit 202, it is not dependable and is in need of maintenance repairs. Upon receipt of the new vehicle, our department will also transfer Unit 202 to the Garage for disposition I am requesting authorization from the City Council to solicit bids from local dealers for review and approval to purchase a new vehicle. In fiscal year 2004-05 and again in 2005-06, our department replaced existing vehicles with Ford Escape Hybrid vehicles which utilize the latest in "clean vehicle" technology, a gasolinelelectric hybrid drive train. To date we have found the Ford Escape Hybrid to be an ideal vehicle for our staff because of its fuel economy in City driving (approximately 23 mpg), its visibility (safety factor with extensive truck traffic in City driving), and ability to transport and access field equipment. It is our recommendation that the Ford Escape Hybrid is the most suitable for our department's needs and is within our budgeted funding, approximately $29,000. We are requesting approval to seek bids for the purchase of the vehicle. Enclosed is a draft bid request and vehicle information. If you have any questions, please contact me. Thank you. Enclosures 0 Page 1