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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 ��