1994-137-Execute Agreement With Mission Valley Ford Truck Sales, Of 1 new 1995 Cab Chassis With Dump BodyRESOLUTION 1994 -137
RESOLUTION OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTES AGREEMENT WITH
MISSION VALLEY FORD TRUCK SALES, FOR PURCHASE
OF (1) NEW 1995 CAB CHASSIS WITH DUMP BODY
WHEREAS, On August 1, 1994 Council authorized replacement of Town vehicle
(dump truck), that sustained major damages in a traffic accident at Lincoln Avenue and
Auzerias in the City of San Jose, and
WHEREAS, Town advertised and received two competitive bids for purchase of (1)
one new 1995 cab chassis with dump body , and
WHEREAS, Lowest responsible bidder Mission Valley Ford Truck Sales, at
$70,870.38 listed a minor exception that will not affect operational needs of the Town, and
WHEREAS, Asset# 5066 patch truck will be used as trade and permanently retired
saving equipment replacement fund $80,000.00.
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos
authorize Town Manager to execute agreement with Mission Valley Ford Truck Sales, for
purchase of (1) one new 1995 cab chassis with dump body.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of October, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: Steve Blanton
ABSTAIN: None
SIGNED:
MAYOR OF TI TOWN OF L GATOS
LOS GATOS, CALIFORNIA
ATTEST:
F-
RED ._�..._.w_.....,
AGREEMENT TO PROVIDE 6I° —_
ONE (1) NEW 1995 58.000 GVWR CAB CHASSIS WITH DUMP BODY��
TO THE TOWN OF LOS GATOS
THIS AGREEMENT is made and entered into in the Town of Los Gatos, County of
Santa Clara, State of California, by and between the TOWN OF LOS GATOS, a municipal
corporation [hereinafter Town], and Mission Valley Ford Truck Sales, [hereinafter
Contractor], as of the 3rd day of October 1994.
RECITALS
(A) Bids were sought by the Town for the purchase described in this Agreement,
and Contractor was found to be the lowest responsible supplier for this purchase.
(B) Contractor represents that it is a qualified and competent supplier of the items
to be purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
1. Supplies and Terms. Contractor hereby agrees to deliver to the Town of Los
Gatos Service Center, 41 Miles Ave., Los Gatos, Ca., items and materials described in
Exhibit A hereto. The terms and conditions are as follows:
a. Price. Town shall pay Contractor the amounts defined in Exhibit A, F.O.B.,
which include all sales tax, and delivery charges. Payment shall be net 30 days.
b. Term. Term of this Agreement is from the date above to March 15, 1995.
C. Delivery. The delivery of the items and materials shall be no later than 120
to 180 days after receipt of purchase order. Delivery shall be made between 8:00 a.m. and
2:30 p.m. on weekdays that are not Town holidays. The delivery of the Cab Chassis with
Dump Body to the Town shall be made when requested by the Town upon 3 calendar days'
written of telephone notice.
2. Time of the Essence. Prompt delivery of the equipment is essential to this
Agreement.
3. Equal Employment Opportunity. Contractor warrants that it is an Equal
Opportunity Employer and shall comply with applicable regulations regarding equal
employment opportunity. Contractor shall not discriminate in the employment of any
person because of race, color, national origin, ancestry, mental or physical disability, medical
condition, marital status, sex, age, or sexual preference, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment and Housing Act.
4. Notices. All notices to be given with respect to this Agreement shall be
addressed as follows:
To Town: Town of Los Gatos
P.O. Box 949
Los Gatos, CA. 95031
To Contractor: Mission Valley Ford Truck Sales, Inc.
780 E. Brokaw Road
San Jose , Ca. 95112
Att: Kyle Fujimoto
5. Waivers. Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver or a waiver of a subsequent breach of the same or any other
provision of the Agreement.
6. Modifications. No modification, waiver, termination, or amendment to this
Agreement is effective unless made in writing signed by the Town and the Contractor.
7. Severability. If any term of this Agreement is held invalid by a court of
competent jurisdiction, the remainder of this Agreement shall remain in effect.
8. Entire Agreement. This Agreement sets forth the entire understanding
between the parties.
IN WITNESS WHEREOF, the Town and the Contractor have executed this
Agreement on the date above written.
CONTRACTOR
Mission Valley Ford Truck
Sales, Inc.
APPROVED AS TO FORM:
Larry Anderson, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
n: \pfm \fddmtrk.95contract
TOWN OF LOS GATOS
By:
David W. Knapp, Town Manager
l
A Resolution of the Town of Los Gatos was approved in a Regular Closed Session Meeting of the
Town Council on October 3, 1994. It is on file in the Town Attorney's Office, and is regarding
a personnel issue. j/
Marian V. Cosgrove, Town Clerk ��