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Resolution No. 94501 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. 9450 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 2007 CHEVROLET SILVERADO FOR THE LIGHT AND POWER DEPARTMENT WHEREAS, the Light and Power Department is requesting the purchase of an alternate fuel four-wheel drive heavy duty truck to handle emergency and standby functions and routine transportation of equipment; and WHEREAS, the Light and Power Department has determined that a 2007 Chevrolet Silverado is the best vehicle to meet its needs; and WHEREAS, the Director of Light and Power has recommended that authority be granted for the Purchasing Agent, or her designee, to seek formal bids for the purchase of the 2007 Chevrolet Silverado; and WHEREAS, a bid specification for the purchase of the 2007 Chevrolet Silverado has been presented to the City Council of the City of Vernon; and WHEREAS, the City Council of the City of Vernon has 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 finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The bid specification, which is attached hereto as Exhibit A and incorporated by reference, is hereby approved by the 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 City Council of the City of Vernon. SECTION 3: The 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 2007 Chevrolet Silverado, 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 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 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 City Clerk, or her designee, at the City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058-0805. - 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 2'6 27 28 SECTION 6: The 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 6th day of November, 2007. A TEST: Lam, UELA GIRO C'ty Clerk ' zez Name: Leonis C. Malburg Title: Mayor - 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, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9450, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, November 6, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) I � - k"- MANUELA GIR N, ity Clerk - 4 - EXHIBIT A City of Vernon Utilities Department Utility Truck Specifications Bid No. Please provide bid prices for the following utility truck and accessories. All prices shall include installation and any required additional appurtenances. Please indicate line item prices in spaces provided. The grand total price should be a total of all costs including the truck chassis cab, utility body, additional equipment and tax. Truck Chassis Cab Make/Model: Make: Chevrolet (No Substitutes) Model Year: 2007 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed 4x4 Chassis Cab Weights/Dimensions: Max GVWR: 9,200 lbs. Max Payload: 3,353 lbs. Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: Engine: 6.OL V8 Transmission: Automatic Axle Ratio: 4.10 Battery: 600 sae rating -1- Alternator: Heavy -Duty 125 amp Chassis Cab Exterior Features: Trim: 1 LT Color: Summit White Wheels: Standard Tires: Standard Mirrors: Black Spare Tire and Wheel Chassis Cab Interior Features: Trim: 1 LT Color: Light Titanium Door Trim: Molded, Color -keyed, Hard Armrest Floor Trim: Full Black Vinyl Mat Gauges: Tachometer, Voltmeter, Coolant Temperature, Oil Pressure, Fuel Seating: Heavy -Duty Knitted Vinyl Trim Full Bench Seat (Or Equivalent) Audio: AM/FM Stereo Air Conditioning Power Windows/Locks 40/20/40 Front Seat Additional Items: (Tax Included) Trailer Hitch Price: 33,670 Tax : 2777.75 Chassis Cab Total Price: 36447.75 -2- Price : 350.00 Additional Equipment: (Provide Price Installed, Tax Included - Itemized Separately) Weather Guard Tool Box Price: Precco Light Bar Precco Strobe Light Submitted by: Address: Signature: Contract: Price : Price : Price : Grand Total: 36797.75 The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. Note: All bids must be received in a sealed envelope and returned to the City of Vernon Finance Department no later than the date specified in the bid request. The bid number must also be clearly indicated on the sealed envelope. -3- I VEHICLE PURCHASE CONTRACT 2 3 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 4 which may be considered and used as the original hereof for all purposes, as of this _ day of 5 , 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 (hereinafter referred to as " ") 11 12 WHEREAS, the City is in need of a Vehicle for its 13 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, CONTRACTOR 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 20and which is consistent with CONTRACTOR's Bid of (collectively, the "Bid 25 Documents"), which is attached hereto as Exhibit "A." 26 2. Price. Consistent with its Bid, CONTRACTOR agrees to sell and deliver, 27 subject to final inspection by the City, Vehicle for the total sum of 28 Dollars and Cents ($ ), including tax 1 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 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: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney LIM Title: CITY OF VERNON LEONIS C. MALBURG, Mayor CONTRACTOR -3- CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 15, 2007 TO: Donal O'Callaghan, Director of Light & Power FROM: Nelly Giron, City Clerk RE: Resolution No. 9450 - 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 2007 Chevrolet Silverado for the Light and Power Department Transmitted herewith is a copy of Resolution No. 9450 referenced above, which was approved by City Council on November 6, 2007. Thank you. NG:dr c: Dolores Jaunzemis Resolution No. 9450