1997-038-Execute An Agreement With Hertz Corporation, Car Sales To Purchase Two Used VehiclesRESOLUTION 1997 -38
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH HERTZ CORPORATION, CAR SALES TO PURCHASE TWO USED VEHICLES.
WHEREAS, the Town wishes to enter into an agreement with the Hertz Corporation, Car
Sales to purchase two used vehicles; and
WHEREAS, the Town sought bids from all known sources; and
WHEREAS, the Town received two bids; and
WHEREAS, the Hertz Corporation, Car Sales submitted the lowest bid,
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Los Gatos that the Town Manager is authorized to execute the agreement with Hertz Corporation,
Car Sales to purchase two used vehicles in the amount of $28,004.22.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st day of April, 1997, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Mayor Joanne Benjamin
NAYS: None
ABSENT: Jan Hutchins, Linda Lubeck
ABSTAIN: None 7
SIGNED:
MAYOR OF THE TOW➢l LOS GATOS
LOS GATOS. CALIFORN A
ATTEST: )
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHME NIT 1
TOWN CLERK
AGR:
1NH: -----
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REESf f
AGREEMENT TO PROVIDE ONE 1996 CHEVROLET LUMINA P�P
AND TO PROVIDE ONE 1996 PONTIAC GRAND PRIX SE
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 HERTZ CORPORATION, CAR SALES. [hereinafter Contractor], as of
the 16TH day of April, 1997.
RECITALS
(A) Quotations 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 at 41 Miles
Avenue, Los Gatos, CA 95032 the items and materials described in Exhibit C hereto. The terms
and conditions are as follows:
a. Price. Town shall pay Contractor the amounts defined in Exhibit C, F.O.B., and
which include sales tax and delivery. Payment shall be net 30 days from delivery of the vehicles.
b. Delivery. The delivery of the items and materials shall be no later than 40 days
A.R.O. Delivery shall be made between 8:00 a.m. and 4:30 p.m. on weekdays that are not Town
holidays.
2. Time of the Essence. Prompt delivery of the items and materials 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.
EXHIBIT C
4. Notices. All notices to be given with respect to this Agreement shall be addressed
as follows:
To Town: Chief of Police
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95021
To Contractor: Hertz Corporation, Car Sales
310 East Millbrae Avenue
Millbrae, CA 94030
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.
HERT ORPORATION, C SA ES
B - _
STEVE ENGLISH, C SALES MANAGER
APPROVED AS TO FORM:
TOWN ATTORNEY
N:\MASTEM0NTRACnMATER1AL.00N
Revised 1/5/94 2
TOWN OF LOS GATOS
By
TOWN MANAGER
ATTEST:
TOWN CLERK