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HomeMy WebLinkAboutCC RESO 5921,J 1 z RESOLUTIOr O. 5921 BE IT RESOLVED by the City Council of the City of National City. California, as follows: SECTION 1 That certain agreement bet',feen FULLER MOTOR COMPANY, a corporation, CITY CF NATION c 1 a and the •r NATIONAL ;T� ?. municipal corporetion, a cony of agreement whichils attached hereto, be, and the same is hereby, approved. SECTION 2: That MAURICE CARRIGAN, Mayor of the City of National Cityl , and he is hereby, authorized ,nrj directed to execute the same ror a11-1d .upon behalf of the said City. AGREE?:"ti,N1T OF SALE This Agreement of Sale entered into by the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City", and FULLER MOTORS, a corporation, hereinafter to as "Seller"; WITNESSETH: WHEREAS, for and in consideration of the convenants and condi- • tions herein contained; IT IS HEREBY MUTUALLY AGREED: FIRST: That the seller hereby agrees to sell one Mainline four -door 6 cylinder Model FORD Year 1953 Engine No. - Ford automobile for the total sum of 2017.48 Plus Tubes 58400 Plus wheel balance- - - - 5,00 Plus underseal 37.50 $D 2117.9'3 Less 10% discount - - 1.1 15lt.00 $ 1963.98 Less Federal Excise Tax 125.00 - $" 1836498 Less trade-in allowance on 1949 Plymouth four -door sedan, Eng, # 600.00 1238.9t Plus State and City Sales Tax; 63.53 01302.51 SECOND: That City agrees to purchase the aforesaid automobile and to pay Seller therefor the sum of $ 1238.98 plus State and City sales tax and to deliver to Seller the aforesaid 19149 Plymouth automobile; and THIRD: That Seller agrees that said Ford automobile shall be equipped with five (5) new four -ply tires, oil bath cleaner, oil filter, 60 ampere generator and voltage regulator, in addition to other standard equipment, and that said Ford automobile shall be delivered to City in standard black Police Car color, all without cost to City; and FOURTH: That Seller shall install in said Ford automobile police equipment consisting of two (2) spotlights, one (1) rear red spotlight, electric siren and accessories, gun racks, and all incidental wiring, for the sum of 029.00; that all of the aforesaid equipment shall be furnished by City; that Seller shall not install, nor be required to install, any radio equip- ment in said Ford automobile; and FIFTH: That said Ford automobile shall be delivered by Seller to City within days after the execution of this agreement; and SIXTH: That in further consideration of the purchase of said Ford automobile, as hereinabove set forth, Seller does hereby grant to City the following options: A. That upon the expiration of twelve (12) months from the date of purchase of the aforesaid Ford automobile, or when said automobile has traveled 30,000 miles, whichever first occurs, the City may, upon trading in the Ford automobile herein purchased, purchase a new, then current, model Mainliner Ford four -door sedan equipped with five (5) new four- ply tires, oil bath cleaner, oil filter, 60 ampere generator and voltage regulator, for the total sum of 4445.00 plus State and City Sales Tax; provided, however, that at the time of exercising said option the list price of said Ford automobile has increased or decreased over or under the present list price, then and in that event the aforesaid $4 5.00 figure shall be adjusted by increasing or decreasing in a like amount; and It is further provided that the aforesaid 60 ampere generator, voltage regulator and batteries may be transferred from the automobile traded in to the new automobile, if said equipment is in satisfactory working condition, and shall be used until replacement with new 60 ampere generator, voltage regulator and batteries are required; that this determination shall be by Seller and the cost Page Two i'- of replacement equipment shall -be at the expense of Seller; that Seller agrees to change over from traded -in automobile to new automobile the special Police equipment consisting of two (2) spotlights, one (1) rear redspotlight, electric siren and accessories, gun racks and all incidental wiring, at a flat charge of $29000; and that Seller shall not install radio equipment; and That Seller shall furnish said nyw automobile -,in standard tel: _; _ -thee color., at Seller's sole expense; and That City shall notify Seller sixty (60) days in advance of expected change -over date and Seller agrees to make delivery accordingly* That upon the exercising of the option provided in Section A above,'and upon the happening of the conditions therein set forth, the City is hereby granted the option to purchase another Ford automobile on all the same terms and conditions and subject to all the same terms ,and conditions as set forth in Section A aboveo C. That upon exercising the option provided in Section B above, then and in that event the City shall have the option to purchase new automobiles on the same terms and conditions and subject to the same terms and conditions as set forth in Section A above, unless and until Seller gives written notice of intention to terminate within six (6) months after the purchase of the auto- mobile provided for in Section B above or within six (6) months after the purchase of any car purchased pursuant to the continuing term pro- vided in this Section C; am2d Page Three SEVENTH: That in'ftrther considerationof the purchase of the Ford automobile herein purchased by City, the Seller does hereby grant to City the following options: 1. SERVICE AND MAINTENANCE: Seller will inspect, service and maintain each Police car at the cost of *per mile or 00.00 per calendar month per car, whichever cost is greater. Police cars will be inspected at least every 1000 miles or ten days, which- - ever first occurs. This service and main- tenance provision shall include all materials and labor for the following: all motor and/ or mechanical repairs and replacements, adjustments and parts, lubrication, oils, greases, tune-ups, brake repairs, adjustments and relinings, 60 ampere generators and voltage regulators, excluding gasoline, glass, tires, tire repairs or all repairs due to accidents but including wheel and tire balancing. 2. PROMPT REPAIRS: Seller agrees to handle all servicing and repairs to Police cars without. delay. When police cars are held for more than five (5) days, a deduction equal to 1/30th of $25.00 per car shall be made for each day each car is held out of service, beginning with the first 24 hours of the sixth day car or cars are out of service. The cast reduction provision of this section shall not apply should the mileage per car exceed 2,500 miles during the calendar month. Page Four 4 4t I. 3o REPAIRING OTHER CITY CARS: Itand when authorized by the City Manager of City, Seller will repair all other Ford cars, Ford trucks and Ford buses and attached mechanical accessories, owned and operated by City but which are not included in buy -over and maintenance sections of this contract, at a labor cost of $.4.00 per hour less 20% discount 4. STATEMENTS TO BE RENDERED MONTHLY: Immediately following the end of each calendar month, Seller agrees to render a bill for maintenance service, showing theron the following information: car nuMber, speedometer mileage reading at the beginning and end of each month, total of monthly mileage per car, and separate charge per car at 10 per mile or $25.00 per month per car, 'whichever is the greater. 5. COST RECORDS: Seller agrees to set up and maintain accurate monthly records of all costs incidental to servicing and maintaining Police cars. 6. The rights herein granted by Seller to City may be exercised by City during a two (2) year period commencing at the date of this agreement and the right shall continue thereafter for succeeding periods of one year each, unless and until Seller .shall, not less than thirty (30) days prior to the expiration of each one-year period, give City written notice of its intention to terminate this Service, Maintenance and Repair option at the expiration of sixty (60) days from date of said notice. Page Five rz+1-1-MS, EIGHTH: That this agreement shall be binding upon the successors and assigns of Seller. IN WITNESS WHEREOF, This agreement has been executed, day of in duplicate, by the parties hereto as of the 1953. ATTEST: CITY OF NATIONAL CITY, a municipal core By, IRENE ALSTON, CITY CLERK OF THE CITY OF RATIONAL CITY, California. �ug`ARRIGAN, Mayor FULLS MOTORS, ,a corporation, by It's • Page Dix PASSED AND ADOPTED by the City Council of the City of National Cialifornia, this 21st day of ..... --------------- ........ .... , 19 53 , by the following vote, to -wit: AYES: Councilmen Hart, McClure, Parchen, Sarn, Carrigan NAYS: Councilmen ABSENT: ------------------- None ATTEST: ------ Clerk. I hereby approve the foregoing None ayor of the City of/l<lational City /alifornia. ------- { Resolution this 21st 45Ort-Ka day of April ,19_53 ............. Maybr of the City of National City,, lifornia. { Resolution I hereby certify that the above and foregoing is a full and true copy of 1 No Ordinance Ordinances 1 of the Resolutions of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 ........ City Clerk of the City of National City, California. Deputy •