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Resolution No. 95041 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 RESOLUTION NO. 9504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RESOLUTION NO. 94.50 TO APPROVE AND AUTHORIZE NOTICE INVITING SEALED PROPOSALS OR BIDS FOR THE PURCHASE OF ONE 2008 CHEVROLET SILVERADO HD 2500 TRUCK FOR THE LIGHT AND POWER DEPARTMENT WHEREAS, on November 6, 2007 the City Council of the City of Vernon adopted Resolution No. 9450 authorizing the notice inviting sealed proposals or bids for the purchase of one (1) 2007 Chevrolet Silverado HD 2500 Truck for the Light and Power Department; and WHEREAS, subsequent to receiving bids, the Purchasing Department discovered that 2007 vehicles were no longer available at the dealerships; and WHEREAS, since the 2007 Chevrolet Silverado HD 2500 Truck is not readily available, the Purchasing Department is requesting that the model year be changed from 2007 to 2008; and WHEREAS, a revised specification for the purchase of the 2008 Chevrolet Silverado HD 2500 Truck has been presented to the City lCouncil of the City of Vernon; and WHEREAS, the City Council of the City of Vernon desires to amend Resolution No. 9450 to solicit bids based upon the new bid specification. 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 amends Section 2 of Resolution No. 9450 to approve a new bid specification which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby amends Section 3 of Resolution No. 9450 to direct the City Clerk of the City of Vernon to give notice, in writing, inviting sealed proposals or bids for the purchase of one (1)-2008 Chevrolet Silverado HD 2500 Truck, in accordance with the bid specification, and in accordance with this resolution. SECTION 4: In all other respects, Resolution No. 9450, as amended by Resolution No. 9504, shall remain in full force and effect, and the provisions of said resolution not consistent with or in conflict with this resolution are hereby repealed. SECTION 5: 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 17th day of December, 2007. ATTEST: MADMELA GIRON Ci y Clerk Name: Leonis C. Malburg Title: Mayor / yor Pro - - 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 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. 9504, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, December 17, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) iMMWANTUELA GI ON, City Clerk - 3 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: 2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed 4x4 Chassis Cab Weights/Dimension's: 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 Alternator: Heavy -Duty 125 amp Chassis Cab Exterior Features: Trim: 1LT Color: Summit White Wheels: Standard Tires: Standard Mirrors: Black Spare Tire and Wheel Chassis Cab Interior Features: 4- Trim: 1LT 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 Price : 350.00 Additional Equipment: (Provide Price Installed, Tax Included - Itemized Separately) Weather Guard Tool Box Price: Price Precco Light Bar Price Precco Strobe Light Price : Grand Total: 36797.75 -2- Submitted by: Address: Signature: Contract: 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 2:00 p.m. ???????? The bid No. ???? must also be clearly indicated on the sealed envelope. -3- L t t 0 1 2 3 4 5 6 7 8 9 10i 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 , 20and 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 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 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 12 interpretation of this Contract. 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 16 4305 SANTA FE AVENUE VERNON, CA 90058-0805 17 18 CONTRACTOR: ATTN: 19 20 6. Entire Agreement. This Contract is the entire agreement of the parties, 21 CONTRACTOR represents that in entering into this Contract, it has not relied on any previous 22 representations or understandings of any kind or nature. 23 7. Benefit of Agreement. This Contract shall bind and benefit the parties hereto 24 and their heirs, successors, and permitted assigns. 25 8. Forum. Any dispute related to this Contract shall be adjudicated in a state 26 court serving the County of Los Angeles, California. 27 9. Arbitration. The parties agree that any and all disputes arising out of or in 28 -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 ME Lo Title: By: Title:- -3- CITY OF VERNON LEONIS C. MALBURG, Mayor CONTRACTOR CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 19, 2007 TO: Donal O'Callaghan, Director of Light & Power FROM: Nelly Giron, City Clerk RE: Resolution No. 9504 --A Resolution of the City Council of the City of Vernon Amending Resolution No. 9450 to Approve and Authorize Notice Inviting Sealed Proposals or Bids for the, Purchase of One 2008 Chevrolet Silverado HD 2500 Truck For the Light and Power Department Transmitted herewith is a copy of Resolution No. 9504 referenced above, which was approved by City Council on December 17, 2007. Thank you. NG:dr c: Dolores Jaunzemis Resolution File No. 9504 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Debra Nickens, Sr. Administrative Vernon do hereby certify that I did 2008, post three (3) copies of: Assistant, of the City of on the 14th of January Notice Inviting Sealed Proposals (Bids) for Bid #1452 (1) 2008 Chevrolet Silverado, HD 2500 Truck for the Light & Power Department One in each of the following places, to wit: on the bulletin board located outside on the wall near the second floor entrance to the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd. and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date : �:.� . 20- V �? mil/ Debra Nickens, Sr. Administrative Assistant State of California ) ) ss Count, of Los Angeles ) On g before me,(� Notary Pub ic, personally appeared �'% �� tqe who proved to me on the basis of satisfactory evidence to be the person(,.$) whose name(*s) is subscribed to the within instrument and acknowledged to me that ham"/she/t--hey executed the same in 4i-is/her/t4teTr authorized capacity( ) and that by 44-s/her/ signatures) on the instrument the person(.ff) or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal AhMA6 S i nature MANUELA GIRON g Xlt� Commission # 1611388 i O'My Notary Public - CaliforniazZ Los Angeles County Comm. Expires Nov 4, 2009 NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the City of Vernon, (hereinafter "City")- invites and will receive sealed proposals (bids) up to the hour of two o'clock p.m., on January 29, 2008 for the purchase of (1) 2008 Chevrolet Silverado HD 2500 Truck as listed on Bid No. 1452 from the City of Vernon. At said time, proposals will be publicly opened and announced at the offices of the City Clerk (Finance). Said bids shall conform to and be responsive to the bid specifications as called for. The City Council of the City reserves the right to reject any and all bids. Copies of the bid documents are on file and may be examined or obtained between the hours of 7:30 a.m. and 5:00 p.m., Monday thru Thursday in the office of the City Clerk (Finance) located at: Vernon City Hall (Finance) 4305 Santa Fe Avenue Vernon, CA 90058 Dated at the office of the City Clerk of the City of Vernon, this 14th day of January, city uierk of The City of Vernon, California