HomeMy WebLinkAboutresolution.council.035-23Attachment "A"
RESOLUTION # 035
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO AND GLENWOOD SPRINGS FORD, INC., AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract
to purchase a 2023 Ford Lightning EV-Truck, a copy of which document is annexed
hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves a contract with
Glenwood Springs Ford, Inc. for the purchase of a Ford Lightning EV-Truck, a
copy of which document is annexed hereto, and does hereby authorize the City
Manager of the City of Aspen to execute said document on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the day of 023.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held 023.
Y
Nicole Henning, City &rk
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Attachment "B"
g."
CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
SUPPLY PROCUREMENT
City of Aspen Project No.: 2023-022.
AGREENfENT made as of 16 day of February, in the year 2023.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Linda Consuegra
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Glenwood Smines Ford
c/o Jeremy Kimmel
_55 Storm King Road
Glenwood Springs,
CO 61601
Summary Description of Items to be Purchased:
2023 Ford Lightning
Exhibits appended and made a part of this Agreement:
Total: $.54.014
lf this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City, of Aspen.
City Council ADarovai:
Date TBD
Resolution No.. TBD
Exhibit A: Purchase Agreement from Glenwood Springs Ford Inc.
The City and Vendor agree as set forth below.
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1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 540 E Main Street Aspen, CO 81611
(Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
Warranties. Electric Vehicle Component Coverage: Eight years or 100,000 miles (whichever
occurs first), with retention of 70% or more of the original High Voltage Battery capacity over
that period Powertrain coverage: Five years/60,000 miles Bumper to Bumper coverage: Three
years/36,000 miles Safety Restraint System coverage: 5 years!60,000 miles Corrosion coverage
(Perforation only): 5 yearslunlimited miles Electric Vehicle Roadside Assistance Program: 5
years/60,000 miles
4. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
5. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
6. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
7. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
8. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
9. Waiver of Presum Lion. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
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presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
10. Certification Regarding Debarment. Suspension, Ineligibility. and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts, In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
11. Warranties Against Contingent Fees, Gratuities. Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
12. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
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and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
13. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
14. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
15. Non -Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
M Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
17. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
18. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
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paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year fast herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
➢ocuSigncp by:
Sava G.
By' PGA lea+.�s+e:ae...
Aspen City Manager
3/15/2023 1 12:10:49 PM PDT
Date
Approved as to form:
5sWY0A1W5
Docul3igned by:
City Attorney's Office
SUPPLIER:
DacuSVpned by'
By:JEREMY LEE KIMMEL
Fleet Manager
Title
2/16/2023 1 1:42:46 PM MST
Date
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Exhibit A
PURCHASE AGREEMENT WSISALEGAL COAIt1IABT. NO ALL MW AND COMMONS.
$111m
Gleawood 3prinV5 Fard Ina_
SS Store Ring Rd
GLENWOOD SPRINGS, CO 01601
BgTER/e"t)WL
CITY OF ASPEN
120 S G&LENA.
�ASPEN, CO 91511
Wmwrw derstoey ximmel
Pbess (970) 920-3400 ()
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TERMS AND CONDITIONS
1. THE BUYERS GUIDE INFORMATION YOU SEE
ON THE WINDOW FORM FOR THIS VEHICLE
IS PART OF THE CONTRACT. INFORMATION
ON THE WINDOW FORA OVERRIDES ANY
CONTRARY PROVISION IN THE CONTRACT
OF SALE.
2 SELLER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
USED VEHICLES ARE SOLD "AS IS'
WITH ALL FAULTS, EXCEPT AS OTHERWISE
STATED IN WRITING.
3. SELLER DOES NOT GUARANTEE FINANCING. It the
kit tinandnp or lease is not approved, Buyer hereby
grants Sailer parm"on to negotiate with finance
companies for a varlatian In terms. If Buyer accepts
new floancing or lase, Buyer Shah execute new
Contracts, It Buyer does riot accept new financing,
Buyer Carl pay for the veh& In full or immediately
natum the vehicle to Seller subject to use charges and
reimbursement far any damage to the vehicle. If Buyer
does not pay for the vehlda In full or agree to new
buidng, Seller can canei this sale. If Buyer does not
Immedia" return the vehk$e 10 Seller then Seger
may repossess the vehicia without notice and Buyer
Shah be responsible for repossesalon CharDK. Buyer
authortze9 Seller to apply airy Doom Payrnerri to any
amount owed to Seller for use charges, damage to
the vehicle, orrepossesston charges.
4. Arhttratlas. Any dispute related to this transaction
shall be resolved in a Colorado small claims court
subject to that court's jurisdiction, unless such action
Is transferred, removed, or appealed to a different........................................
court. Any disputes imrolvfng amount In excess of
the ]udsdiedan of the srna6 cWms court shag be fully
and finally resolved by binding arbitration, at either
partyrs eEectiun. Binding arWntlon shall be before a
SWftPsba..........................................................................S
Addition:
34,014.0
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Total Parcease lice . .................................................................
We -in' The actual ash aloe of the tndrb vabida nay M has .........................
Net `!Loft Amoat.................................................. .............
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TotalTaeesardha. Tax Is anodhotaftBvpisresvossibleforaayeddAknYtes/es................
Taw Non-TanbleAdOlm.............................................................
PeyeR ea Trade-by(s)...................................................................
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sww!t: aruuatur ur a wunty rnrnru avrwr is iuu,reU.
The eingfe arbltrator shall be appotnted by
In accordance with legal prindples and Its 81rdng Arbitration Rules. Buyer sba)I pay the Initial arbitration costs up to $200.00, and thereafter Seller strait pay any rema)ning
arbltradon costs. Buyer and Selier shall be rwponstbre for their own casts and expenses associated with the arbttratlan, Indudlag attomays' fees and expert tees, Ifarty.
#UYM UNCONDITIONALLY WAPIM THE RIGHT 70 A JURY TRIM OR 10 PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF ANY CLASS IN ANY CLASS ACTION
OR CLASS ARBITRATION. The arbitn itlan shall be govumed by the federal Arbtraion Act and, to the extend not irmnsistent therewith, the Colorado Uniform Arblra w
Act H any part of this pnn+Ww Is found void or unen forcealde, the remaining provisions shelf remain In full force and effecL This arbitration prevision shalt not apply to
replevin or Injunction claims.
The Buyer agrees to purdiese the vehicle from the Seller under the terms and con0ons in this Contract. BUYER HAS READ AND AGREES TO ALL THE PROVISIONS ON
ALL PAGES OF THIS CONTRACT. THIS CONTRACT IS NOT BINDING UNTIL ACCEPTED BY . Buyer, by slaying this Contrast, admowtedges that he or she has read
all terms and conditions and his received a reply of this Contract BUYER CERTIFIES he o s 1B years art age or older.
2/6/2022 2/6/2029
Buyer Date uthurized Dealer Representalive Date
Co -Buyer
Dab
No. 606. Rev. 10-141,ROCKY MOUNTAWPURCIAMAGR IT 0CADAInsaraneeSrvka-303231.1722-www.m1ae6doaWn-OW
Mir dlsdalas eft werranNea, repass a lapped, Includin( wW warranty of mrcherdebift or fbess for a particular purpose. Pbese consult lndepmdaat kPI counsel about this document
SEE NEXT PAGE FOR ADDITIONAL TERMS AND CONDITIONS
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08/09/22 2023 F-150 LIGHTNING-tm PROPRIETARY
SUPERCREWS — PRO SERIES
STANDARD EQUIPMENT
MECHANICAL
• 98 kWh Usable Capacity Standard Range High -Voltage
Batlety
• Dual eMotors
• 04
• Brakes - 4-Wheel Disc with ABS
• T13D The Tow, TBD Ibs Payload Capabitly
• Class IV Hitch
• Rear eLocking Axis
• Elecirlc Engine Cooling Fan
• Etectric Parking Brake (Includes Auto Hold)
• Heavy -Duty Dual Front Shocks
■ Jack
• Mega Power Frunk
• Power Up/Down Front Hood
• Selectable Drive Modes: Normal, Sport, TowlHaul, of -mad
• Springs, Front & Rear - Coll
• Independent rear Suspension, Rear Semi Trailing Arm
• Stabilizer Bar, Front 8 Rear
• Steering - EPAS Power, Rack -and -Pinion
EXTERIOR
■ Bumper Front & Rear - Black
• Front Gritte -Carbon Black
■ Dayllme Running Lamps (DRL) (On/Off Cluster Controllable)
• Larga Front Trunk Area
• Fully Boxed Steel Frame
■ Handles, Mack - Door and Tailgate with Black Bezel
• Hooke - Pickup Box TWDown. four (4)
■ Hooke - Black Front Tow Hooka (2)
• LED Center Hlgh-mounted Stop Lamp (CHMSL)
• LED Projector with Dynamic Bending Headiamps
• Spare lire Carrier -- Rear Under Frame
s Spare TiretWhool Lock
■ Spare Wheel - 18' Aluminum #i2
■ Tires - 275165R 18 all -terraln (Alf)
s Wheels _ 18'Machined with Black High Glass Pockets
■ Stone Cuffs, Front & Rear
• Tailgate Lilt Assist
• Tailgate- removable with key lock
• Trailer Sway Control
■ Wipers - Inform ihent speed
INTERIORIOOMFORT
■ 12` Digitai Productivity Screen
■ Black Vinyl Floor Covering
• Compass Display in Inalrument Cluster
• Cruise Control
• Dual -done Eta ctronic Automatic Tamperalure Control
■ Fade -to -Off Interior Lighting
• Grab Handles
— Front —A-Pillar, Driver and Passenger Side
— Rear — B-Pillar
• Horn - Duel -Note
■ Outs [do Temperature Display
■ Power Door -Lacks with Flip Key and integrated Key
Transmitter Ksyless•Entry (Intl. Autolaak)
• Power Windows (FrontfRear) -One-touch Up►Down Driver
and Passenger Front Windows
• Pow -window with Fixed Privacy Glass
• Rearview Mirror, Auto -Dimming
• Scufl Plate, Driver and Front -Passenger Door@
■ Seat, Front
— Heated
— Medium Darts Slate Bray Vinyl Bucket with How -through
console and floor shfRer
—2-Way manualdrhrer/passongor
• Seat, Rear
— Medium Dark State Gray VinyI
— 60140 Cp-up split seat with alongated cushion
■.r
-c-
INTERIOR/COMFORT (contlnuet*
• Steering Wheel, Black Urethane — Manual T.II/Telesooping
and Manual Lodi frog
• Visor with Driver and Pa"ongor Covered horrors
SAFETY/SECURITY
• AdvanceTrac® MRSCO (Roil Stability ControlTM)
• Airbags
— Driver and Passenger Front Airbags
Driver and Passenger Seat -Mounted Side Alrbags
— Safety Canopy® Side-Curtaln Airbags (Id and 2norow
coverage)
• Audible Vehicle Alert System (Alerts Pedestrlene)
• Curve Control
• MyKeyS
• Perimeter Alarm
• Seat Belts, AcVva Restraint System (ARS). Three-point
Manual Lap/Shoulder Belts with Height Adjusters,
Pretensionera & Energy Mgml Retractors on Outside Front
Positions. Indudes Autobock Features for Child Seats
• SOS Post -Crash Alert SystemTm
• Tire Pressure Monitoring System (TPMS)
FORD CO-PILOT38011m TECHNOLOGY
• Auto lamp-AutoOn/OBHesdlaraps
• Ford Co-Pbot360'1111 ZO
— Pro -Co Ilision Asdat with Automatic Emergency Braking
(AES)
a Pedestrian l3etection
o Forward Collision Warning
a Dynamic Brake Support
— BLISS with Cross-Trafflc Alert
— Lane-Keopinp System
o Lane -Keeping Alert
o Lane -Keeping Aid
o Oriver Alert
— Rear View Camera
— Auto High Beam
— Reverse Sensing System
— Reverse Brake Assist
— Post•Colllslon Braking
FUNCTIONAL
• FIN Stereo (speakers -- SEX (6))
• 2.4kW Expori$ble Power - 8 120v Outlets, 8 LISS Outlets
— In -Cab: 2 120v, 6 USS
— In -Bed: 2120v
— Frunk: 4120v, 2 LISS
• FordPass Conr*dTm
— 4G LTE Wi-F1 hotspot connects up to 10 devices'
— Enables FordPass App Features
■ One Pedal Driving Mode
• Regenerative Braking System
• Smart Trailer Tow Connection
• Vehicle Charge Capabitily
— SAE J1772 CCS (Combq� Connector System) Charge
Port capable of charging Fin 120V, 240V and Direct
Current (DC Fast Charge)
' W -R hotspor Inckxlas %}rinse data real that bights upon R TdT
activation and ierpkw of ft wrod of s monads or when UW of dais Is
used, whichever comes rvsf, but c wof Wand bspond the OW
su0sc*60n p•ffod ror remote f•arur•s. To activate, go to
Vehicle
Whendaehadtoappropriet•EVSEor portable Charge cord
Division
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08/09/22 2023 F-150 LIGHTNINGTM PROPRIETARY
SUPERCREW®- PRO SERIES
STANDARD EQUIPMENT
FUNCTIONAL (continued)
o FordPass App Features:
— Remotely start, lock and unlock vehidO
— Locate parked vehicte4
— Checlt vehicia cur{ent state of charge and set departure
times
--- Schedule times to charge your vehicle and set charge
level notitfcc0ons4
— Set preferences with Remote Vehicle Setup
— Fordf assT" Power My Tri�'
— Locate & pay for charging
— Set up Plug & Charge
Nob: Ford Tefemalks TMarld Data SeAdcas Prep kx*4ed for
Fleet ONLY., Fbf dPass Connect7w 4G N9-Fr Modem
provides data to s&Wrt fetam Tics and data ssfvkw
f hmft but not limited to vehicle locatbn, sgcsd, We
time, fire!, vahfde dragnos8cs and maintenance alerts.
Device onades taWnebcs services through Foal or
authorized providers. Aaivaro at .1taL[we.cam or
ca11633-FCS-Fard (833-W73673)
• SYNCS 4 with Enhanced Voice Recognition
12' LCD Capacifive Touchscrsen with SWpe Capability
— Information On Demand Panel
— Wireless Phone Connection
— Cloud Connected
— AppLink® vdApp Catalog
— 911 AssleW
— Wireless Apple CarPlayO and Android AutoTM
Compatibility
— Dighal Owners Manual
-' Conversational Voice Command RecoWnf on
— Connected Bulfil-In Navigation'
• Zone Lighting
4 FordPass Comnect (optimal on select wd*Jeel the Fad Pass AA2. and
Complimentary Cormeeted Services are rfgWmd for remote fasluraa (see
FordPass Temu for dlslads). G mnecled Service andfoarwes depend an
compel -We ATdT network avafkbi,4iy. EvoMng lecJuwlogylceukv
neMorkNvetrlcle duly may lfrn funettorrall(y end pn"M operaVon
of connected lealum. Connected services excludes YK F+ holspof.
5 To quarrly for comptlrm wary drerprng offer, modem must be activated
wfrhin 60 days of pumhase through the Ford ass App on a smsrlphone.
Compfimemtsry charging expires 2 years !rpm vehicle purchase data.
Offor exdo** iape less and pa*inngy viola flons assoclared with diar fV
° Navlgwion swvic" raquire SyNM and FordPasc Cvruracr WAbnar on
sefacf vehicles), eomple'mWary Cnarect servka arxf the Ford ass aAp
(see FordPass Terms for dats95). FhpNo v"Oes nrcelve a
complimenlafy 3-yoaf trial of navipstmn Semites that bapins on the new
vohlda warranty start date. Customers must unfodt The navfpallon service
trial by arlivabng the eflglbla vehkIe with a FardPass memberaecwM. It
for subscribed by && and of the oonOmantary perfod, the eornedod
nd vlljaffon servkv w9l fefminsfe, and the System wiI! revert to amboaded
attune navfgiuon.
Connarded service & W lesfwas depend on coff pabble AT&T network
ovaflawfiry. Evofving fadmolopylosllvlar nanwrkVV09rJe osp Nfily may
limit furvlwi" andprevanl cperaOon of cox w fad resrures.
FordAaxs App, Cons xrr`b'a with select smanphone platforms, is evaNable
Hk1H
DocuSign Envelope ID: 010FDB2A-BB1A-4AE6-A73B-BFD44EBD9831
ocuSIgn Envelops ID: 7141B332-85FO 45E84972-E481C4223669
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