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Resolution No. 9579a 3 4 5 6 7 v, 10 11 12 13 14 15 16 17 18 E9'l 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RESCINDING RESOLUTION NO. 9553 AND THE VEHICLE PURCHASE CONTRACT WITH OSTROM CHEVROLET AND ACCEPTING THE BID OF MAURICE J. SOPP & SON AKA SOPP CHEVROLET ON BID NO. 1452 FOR THE PURCHASE OF A 2008 CHEVROLET SILVERADO HD 2500 TRUCK FOR THE LIGHT & POWER DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF A VEHICLE PURCHASE CONTRACT AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Light & Power Department has requested the 1purchase of a new truck; and WHEREAS, pursuant to Resolution No. 9504 adopted by the City Council of the City of Vernon on December 17, 2007, the City Clerk was directed to give notice inviting sealed proposals or bids for the purchase of a 2008 Chevrolet Silverado HD 2500 truck ("Silverado") in accordance with a bid specification provided by the Light & Power Department; and WHEREAS, based upon the bid specification, the Purchasing Department prepared Bid No. 1452 dated January 14, 2008, and proceeded to solicit bids for the purchase of the Silverado; and WHEREAS, sealed bids for Bid No. 1452 were opened on January 29, 2008, and reviewed by the Light & Power Department; and WHEREAS, on February 19, 2008, the City Council of the City of Vernon adopted Resolution No. 9553 approving a Vehicle Purchase Contract with Ostrom Chevrolet ("Ostrom") for the Silverado; and WHEREAS, subsequent to the execution of the Vehicle Purchase Contract, Ostrom advised the City that Ostrom declined to sign because it could not commit to any delivery timeframe; and WHEREAS, the Light & Power Department needs to purchase 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 Silverado as soon as possible; and WHEREAS, the Purchasing Agent has recommended that Bid No. 1452 be awarded to Sopp Chevrolet aka Maurice J. Sopp & Son ("SOPP"), the second lowest responsible bidder meeting the requirements of Bid No. 1452. 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 City Council of the City of Vernon hereby rescinds Resolution No. 9553 adopted on February 19, 2008, and specifically rescinds the Vehicle Purchase Contract with Ostrom for the purchase of the Vehicle. SECTION 3: The City Council of the City of Vernon hereby awards Bid No. 1452 to Sopp and accepts and approves the Vehicle Purchase Contract, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Contract for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto and authorizes the issuance of a purchase order for the purchase of the Silverado pursuant to Bid No. 1452. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed Contract to: Maurice J. Sopp & Son aka Sopp Chevrolet Attn. Marilyn Fisher, Fleet Manager/Municipal Sales 5753 Pacific Boulevard Huntington Park, CA 90255 - 2 - I SECTION 6: All other bids in connection with Bid No. 1452 2 are rejected, subject to execution of -the aforesaid contract document 3 from Ostrom accompanied by all required certificates. 4 SECTION 7: The City Clerk of the City of Vernon shall 5 certify to the passage of this resolution, and thereupon and 6 thereafter the same shall be in full force and effect. 7 APPROVED AND ADOPTED this 24th;day of March, 2008. 8 t 10 Name: Leonis C. Malburg 11 Title: Mayor - 12 AIWT: 13v�, M UELA GIRO , ty Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. 9579, was duly adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, March 24, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRON, Cy Clerk - 4 - EXHIBIT A 1 VEHICLE PURCHASE CONTRACT 2 THIS CONTRACT is made, entered into and executed in 3 duplicate originals, either copy of which may be considered and used 4 as the original hereof for all purposes, as of this 24th day of March, 5 2008, in the City of Vernon, County of Los Angeles, California 6 BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as 7 "City") 8 4305 Santa Fe Avenue Vernon, CA 90058 9 AND MAURICE J. SOPP & SON aka SOPP 10 CHEVROLET (hereinafter referred to as "Sopp") 11 5753 Pacific Boulevard Huntington Park, CA 90255 12 13 RECITALS 14 WHEREAS, the City's Light & Power Department has determined 15 that it needs a new truck; and 16 WHEREAS, City staff have determined that a 2008 Chevrolet 17 Silverado HD 2500 Truck (the "Vehicle') would meet the needs and 18 requirements of the Light & Power Department; and 19 WHEREAS, on January 14, 2008, the City issued Bid No. 1452 20 which sets forth specifications for the new Vehicle required by the 21 City; and 22 WHEREAS, on January 28, 2008, Sopp responded to Bid No. 23 1452; and 24 WHEREAS, the City has accepted Sopp's bid and desires to 25 purchase the new Vehicle from Sopp. 26 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 27 FORTH HEREIN: 28 1. Purchase. Sopp agrees to sell to the City one 1 new 2008 Chevrolet HD 2500 Truck vehicle that meets the specifications 2 contained in City of Vernon Bid No. 1452 dated January 14, 2008, and 3 that is consistent with Sopp's Bid of January 28, 2008 (collectively 4 referred to as the "Bid Documents"). The City accepts the 5 substitution of floor carpeting with vinyl mats instead of full vinyl. 6 A copy of the Bid Documents are attached hereto as Exhibit A and 7 incorporated herein by reference. 8 2. Price. Consistent with its Bid, Sopp agrees to sell 9 and deliver directly to the City Garage within 90 days, subject to 10 final inspection by the City, one new Vehicle for the sum of Thirty- 11 Two Thousand Four Hundred Fifty -Eight Dollars and No Cents ($32,458), 12 plus trailer hitch for the sum of Three Hundred Dollars and No Cents 13 ($300.00) for a total of Thirty -Two Thousand Seven Hundred Fifty -Eight 14 Dollars and No Cents ($32,758.00), plus applicable sales tax, document and tire fees and less any applicable discounts. 15 16 3. Payment Terms. The City agrees to pay Sopp for the 17 Vehicle a total of Thirty -Two Thousand Seven_ Hundred Fifty -Eight Dollars and No Cents ($32,758.00), plus applicable sales tax, document 18 and tire fees and less any applicable discounts.. Payment will be made, 19 within thirty (30) days net of receipt of the Vehicle. 20 4. Warranties. All manufacturers' warranties, the 21 warranties specified on the Bid Documents and any other warranties 22 made applicable by law, shall apply to the City's purchase of the 23 above -referenced Vehicle. 24 5. General Provisions. 25 A. Governing Law. The laws of the State of 26 California shall govern the rights, obligations, duties and 27 liabilities of the parties to this Contract and shall also govern the 28 2 - 1 interpretation of this Contract. 2 B. Notices. Notices to the parties, unless otherwise 3 requested in writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS 5 PURCHASING ASSISTANT 4305 SANTA FE AVENUE 6 VERNON, CA 90058-0805 7 SoPp: MAURICE J. SOPP & SON aka SOPP CHEVROLET 8 ATTN: MARILYN FISHER, FLEET MANAGER/MUNICIPAL SALES 5753 PACIFIC BOULEVARD 9 HUNTINGTON PARK, CA 90255 10 6. Entire Agreement. This Contract is the entire 11 agreement of the parties. Sopp represents that in entering into this 12 Contract, it has not relied on any previous representations or 13 understandings of any kind or nature. 14 7. Benefit of Agreement. This Contract shall bind and 15 benefit the parties hereto, their heirs, successors, and permitted 16 assigns. 17 8. Forum. Any dispute related to this Contract shall be 18 adjudicated in a state court serving the County of Los Angeles, 19 California. 20 9. Arbitration. The parties agree that any and all 21 disputes arising out of or in relation to this Contract, including 22 without limitation any action in tort, shall be resolved exclusively, 23 finally and conclusively by arbitration in Los Angeles County, 24 California under the auspices of and pursuant to the rules of the 25 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party 26 will select an arbitrator. Those two arbitrators will then select a 27 third. The three -member panel will make the final decision. All 28 decisions of the arbitrators shall be in writing, and the arbitrators 3 - 1 2 3 4 5 6 rA 1 pill 11 12 113 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 CITY OF VERNON Mayor / Mayor Pro-Tem MAURICE J. SOPP & SON By: Title: By: Title. - 4 - REQUEST FOR QUOTATIONSCITY OF VERNON, CALIFORNIA NOT A PURCHASE ORDER PURCHASING DEPARTMENT DIRECT ALL INQUIRIES TO: CITY HALL CITY PURCHASING AGENT TELEPHONE (323) 583-8811 4305 Santa Fe Ave. - Vernon, California 90058 TO:, SOPP CHRUIRO ET 5753 PACIFIC BOULEVARD HUNTINGTON PARK, CA 90255 ATTN: MARILYN FISHER FOR CITY USE ONLY QUOTATION NO. 1452 DATE MAILED ,( 1. l� REC'D BY CI .Y Please quote hereon the lowest net price you can furnish the articles or serviqi�s-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 I DESCRIPTION I I NET UNIT PRICE I I TOTAL ! I 2008 CHEVROLET SILVERADO HD 2500 TRUCK AS PER ATTACHED SPECIFICATIONS. J 0r ACT CARLOS FANDINO IF YOU HA"n 41- EGARDING THE SPECIFICATION @ 5 `I 11 EXT 642. 35, ------------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 RESP025E TO HIS REQ E I VAWVTATION WILL BE OPEON6%IN CITY T PFCkIeSING�AfaENT'S OFFICE ON THE [[ J AN U KY t5 L U Y 1`1 NOTE: Quote prices exclusive of Sales Tax and Excise Taa . ... A. Indicate Sales Tax in this space $....o�.�e.`l.�i.:.... ...............................B. Indicate clse Tax in this space $ . . 4�....................................... B. Above quotations subject to Cash Discount of........ 2...,3.Q... S%, .O.B.....� Y�A..rc..�...�a.��A.�iJ1.S.�s................................. C. To be delivered to CITY OF VERNON at...q. s,.....S.�Y1k .��-.. _ ...M..J. ... I...... .� .%2.v1.Q.►� .i... ....... ..4 Q�S.c�............... We (1) agree to furnish above in .................... q.Q........... days from rec ' f purchaseer at prices specified. FOR...saa ..... . (.•.t..4.Si��.ta.�@ ?. am DATE......!..... . (9 ............. ............................... SIGN HERE......... ....... I .................................................. MAIL TO PURCHASING EPT. ,2/02 REQUEST FOR QUOTATIONS CITY OF UE-f- NOT A PURCHASE ORDER ` R HASIN( �'T I LLEi1q;f � i ir7LE P Ied. ly Name.; City of Vernon Utilities Department Utility Truck Specifications Bid No.1452 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. g t� Truck Chassis Cab Make/Model: i Make: Chevrolet (No Substitutes) Model Year: 2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed (6 1/2 ft) 4x4 Chassis Cab Weights/Dimensions.- Max GVWR: 9,2001bs. ,97,2 j Max Payload: 3,353 lbs. nr'-ce ( ,j Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: 6.( L oesel q�Engine: 6.OL V8 Diesel p f I Transmission: Automatic ,5' �k( e 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: L ght m1 Door Trim: Molded, Color -keyed, Hard Armrest Floor Trim: Full Black Vinyl Mat `b Gauges: Tachometer, Voltmeter, Coolant Temperature, Oil Pressure, Fuel C IU- Se Seating: Heavy -Duty Knitted Vinyl Trim Full Bench Seat (Or Equivalent) (� ct Audio: AM/FM Stereo Power Windows Air Conditioning Power Windows/Locks 41/20/40 Front Seat Operating Manuals Including EmiLsions Manual Price. 3a t 4 5 9.'— Tax: 014 ff 7 9 Additional Items: (Tax Included) Trailer Hitch Class 4 with 6 way wiring Chassis Cab Total Price. Jr" -2- Price ( Submitted by: Address: Signature: Contract: Note: The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. 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. 1/29/2008. The bid No. 1452 must also be clearly indicated on the sealed envelope. -3- 1 VEHICLE PURCHASE CONTRACT 2 THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of 3 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. (hereinafter referred to as " ") 10 11 . 12 WHEREAS, the City is in need of a Vehicle for its 13 Department; and 1.4 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 20_, and 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 I 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 g 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 2.6 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 thisAgreement 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 -3- Title: 0 Title: CITY OF VERNON LEONIS C. MALBURG, Mayor CONTRACTOR OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 March 20, 2008 Ms. Marilyn Fisher Fleet Manager/Municipal Sales Sopp Chevrolet 5753 Pacific Blvd. Huntington Park, CA 90255 COPY Re: Vehicle Purchase Contract - Bid No. 1452 - Silverado Dear Ms. Fisher: Enclosed please find two duplicate originals of the aforementioned Contract for signature. Please return both signed originals to the City to the attention of Judy Lehr, Legal Department. The Contract is scheduled to be considered by the City Council at a special meeting on March 24, 2008. Once the originals are executed by the City, one fully executed original will be returned to you for your files. Please refer to the enclosed "City of Vernon Signature Requirements for City Agreements" and comply with the requirements set forth for your company. Thank you for your cooperation regarding this matter. Very tru y yours, J A. Harrison C ty Attorney JH j 1 Enclosures cc: Manuela Giron, City Clerk (w/o Encls.) EXcfusivefy Industriaf 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 3, 2008 Maurice J. Sopp & Son aka Sopp Chevrolet Attn: Marilyn Fisher, Fleet Manager/Municipal Sales 5753 Pacific Boulevard Huntington Park, CA 90255 Re: Vehicle Purchase Contract Dear Ms. Fisher: Transmitted herewith is a fully executed contract, as referenced above, approved by City Council on March 24, 2008, through Resolution No. 9579. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan at (323) 583-8811 ext. 834. ,— Very truly yours, Ne ly on City Clerk NG:dr c: Donal O'Callaghan Dolores Jaunzemis Resolution No. 9579 Agreement File No. 08-032 Excfusivefy Industrial 1 VEHICLE PURCHASE CONTRACT 2 THIS CONTRACT is made, entered into and executed in 3 duplicate originals, either copy of which may be considered and used 4 as the original hereof for all purposes, as of this 24th day of March, 5 2008, in the City of Vernon, County of Los Angeles, California 6 BY AND BETWEEN THE CITY OF VERNON 7 (hereinafter referred to as "City") 8 4305 Santa Fe Avenue Vernon, CA 90058 9 AND MAURICE J. SOPP & SON aka SOPP 10 CHEVROLET (hereinafter referred to as "Sopp") 11 5753 Pacific Boulevard Huntington Park, CA 90255 12 13 RECITALS 14 WHEREAS, the City's Light & Power Department has determined 15 that it needs a new truck; and 16 WHEREAS, City staff have determined that a 2008 Chevrolet 17 Silverado HD 2500 Truck (the "Vehicle') would meet the needs and 18 requirements of the Light & Power Department; and 19 WHEREAS, on January 14, 2008, the City issued Bid No. 1452 20 which sets forth specifications for the new Vehicle required by the 21 City; and 22 WHEREAS, on January 28, 2008, Sopp responded to Bid No. 23 1452; and 24 WHEREAS, the City has accepted Sopp's bid and desires to 25 purchase the new Vehicle from Sopp. 26 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 27 FORTH HEREIN: 28 1. Purchase. Sopp agrees to sell to the City one I new 2008 Chevrolet HD 2500 Truck vehicle that meets the specifications 2 contained in City of Vernon Bid No. 1452 dated January 14, 2008, and 3 that is consistent with Sopp's Bid of January 28, 2008 (collectively 4 referred to as the "Bid Documents"). The City accepts the 5 substitution of floor carpeting with vinyl mats instead of full vinyl. 6 A copy of the Bid Documents are attached hereto as Exhibit A and 7 incorporated herein by reference. 8 2. Price. Consistent with its Bid, Sopp agrees to sell 9 and deliver directly to the City Garage within 90 days, subject to 10 final inspection by the City, one new Vehicle for the sum of Thirty- 11 Two Thousand Four Hundred Fifty -Eight Dollars and No Cents ($32,458), 12 plus trailer hitch for the sum of Three Hundred Dollars and No Cents 13 ($300.00) for a total of Thirty -Two Thousand Seven Hundred Fifty -Eight 14 Dollars and No Cents ($32,758.00), plus applicable sales tax, document and tire fees and less any applicable discounts. 15 16 3. Payment Terms. The City agrees to pay Sopp for the 17 Vehicle a total of Thirty -Two Thousand Seven Hundred Fifty -Eight Dollars and No Cents ($32,758.00), plus applicable sales tax, document 18 and tire fees and legs any applicable discounts. Payment will be made 19 within thirty (30) days net of receipt of the Vehicle. 20 4. Warranties. All manufacturers' warranties, the 21 warranties specified on the Bid Documents and any other warranties 22 made applicable by law, shall apply to the City's purchase of the 23 above -referenced Vehicle. 24 5. General Provisions. 25 A. Governing Law. The laws of the State of 26 California shall govern the rights, obligations, duties and 27 liabilities of the parties to this Contract and shall also govern the 28 2 - 1 interpretation of this Contract. 2 B. Notices. Notices to the parties, unless otherwise 3 requested in writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: DOLORES JAUNZEMIS 5 PURCHASING ASSISTANT 6 4305 SANTA FE AVENUE VERNON, CA 90058-0805 7 Sopp: MAURICE J. SOPP & SON aka SOPP CHEVROLET 8 ATTN: MARILYN FISHER, FLEET-MANAGER/MUNICIPAL SALES 5753 PACIFIC BOULEVARD 9 HUNTINGTON PARK, CA 90255 10 6. Entire Agreement. This Contract is the entire 11 agreement of the parties. Sopp represents that in entering into this 12 Contract, it has not relied on any previous representations or 13 understandings of any kind or nature. 14 7. Benefit of Agreement. This Contract shall bind and 15 benefit the parties hereto, their heirs, successors, and permitted 16 assigns. 17 8. Forum. Any dispute related to this Contract shall be 18 adjudicated in a state court serving the County of Los Angeles, 19 California. 20 9. Arbitration. The parties agree that any and all 21 disputes arising out of or in relation to this Contract, including 22 without limitation any action in tort, shall be resolved exclusively, 23 finally and conclusively by arbitration in Los Angeles County, 24 California under the auspices of and pursuant to the rules of the 25 Judicial Arbitration & Mediation Services Inc. (JAMS). Each party 26 will select an arbitrator. Those two arbitrators will then select a 27 third. The three -member panel will make the final decision. All 28 decisions of the arbitrators shall be in writing, and the arbitrators - 3 - 1 2 3 4 5 6 rA 0 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 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. A TEST: anuela Giro City Clerk APPROVED AS! 1TO FORM: r JEFf/(At HA\tp4ISON, City Attorney CITY OF VERNON By: Leonis C. Malburgy Mayor / 4e--Be By: Tit By: Tit - 4 - EXHIBIT A REQUEST FOR QUOTATIONS CITY OF VERNON, CALIFORNIA NOT A PURCHASE ORDER PURCHASING DEPARTMENT DIRECT ALL INQUIRIES TO: CITY HALL CITY PURCHASING AGENT TELEPHONE (323) 583-8811 4305 Santa Fe Ave. - Vernon, California 90058 TO SQPP CHEVROLET 5753 PACIFIC BOULEVARD HUNTINGTON PARK, CA 90255 ATTN: MARILYN FISHER FOR .CITY USE ONLY QUOTATION NO. 1452 DATE MAILED REC'D BY CITY 1 0'02V • OPWED •! BY Please quote hereon the lowest net price you can furnish the articles or serviogs 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 ! 2008 CHEVROLET SILVERADO HD 2500 TRUCK AS PER ATTACHED SPECIFICATIONS. 1 3 2 : is 2 a 2,� r-', , 5 0 0 . 1U J ,_ ACT CARLOS FANDINO IF YOU HAS ANY EGARDING THE SPECIFICATION @ 11 EXT 642. L �. -! is • •( C.l ------------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 300°zDAYS NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESPOjJ^�E ,T1OTHIS }�WILL J �vA TATION WILL BE OPEON6q IN CIA PI (VibsING �f�ENT'S OFFICE 1 T tf L V Y rl ON THE DAYOF NOTE: Quote prices exclusive of Sales Tax and Excise Taxes. A. Indicate Sales Tax in this space $....o1it. B. Indicate cise Tax in this space $ ..................... I............... B. Above quotations subject to Cash Discount of....... .O.B.... .axao. a..,...�a �� A.fti1L1.!.�i................................. C. To be delivered to CITY OF VERNON at... {.3. ,5.., ...S.Azlr1 .LF' ....� . ...I.......Q.a.n.Q.✓\.�,....C*......... ..�Z?�.c�............... We (1) agree to furnish above in ..................... OLQ........... days from rec . f purchas FOR....s �p D 8" � DATE.....'..... ....................................... SIGN HERE. ....d...•••X MAIL TO PURCHASING i der at prices specified. .'.S• R..o.6.... . ./., am. .................................................. DT• 12/02 M lr%MCn-C']c-rn 1Mf2> -ri iizi nn:n�= City of Vernon Utilities Department Utility Truck Specifications Bid No.1452 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. I rt� Truck Chassis Cab Make/Model: Make: Chevrolet (No Substitutes) Model Year: 2008 Model: Silverado HD 2500 Chassis Extended Cab Standard Bed (6 1/2 ft) 4x4 Chassis Cab Weights/Dimensions- Max GVWR: 9,2001bs. �72 j 6 Max Payload: 3,353 lbs. r e9- (d ( -j Outside Width: 79.9 inch Wheelbase: 143 inches Chassis Cab Performance Features: • l oese( grEngine: 6.OL V8 Diesel (:�.,•,1,,, 10 i Transmission: Automatic 73 ak(e- Axle Ratio: 4.10 Battery: 600 sae rating -1- 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: Trim: 1 LT Color: Ligh#Tftn1W Door Trim: Molded, Color -keyed, Hard Armrest Floor Trim: Full Black Vinyl Mat cl�b Gauges: Tachometer, Voltmeter, Coolant Temperature, Oil Pressure, Fuel lk Sej s Seating: Heavy -Duty Knitted Vinyl Trim Full Bench Seat (Or Equivalent) C Audio: AM/FM Stereo Power Windows Air Conditioning Power Windows/Locks 40/20/40 Front Seat Operating Manuals Including Emyions Manual Price. 3a14 s g. Tax: — ', 7r17p Additional Items: (Tax Included) Trailer Hitch Class 4 with b way wiring Chassis Cab Total Price. 5 3 '7� -2- tp Price: U0, -'0- Submitted by: Address: Signature: Contract: Note: The vendor shall be required to execute a vehicle purchase contract in substantially the same form as the draft contract attached hereto. 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. 1/29/2008. The bid No. 1452 must also be clearly indicated on the sealed envelope. -3-