1994-047-Execute An Agreement For Purchase Of One New 1994 Truck Mounted Catch Basin And Sewer CleanerRESOLUTION 1994 -47
RESOLUTION OF THE TOWN OF LOS GATOS
TO AUTHORIZE TOWN MANAGER TO EXECUTE AN
AGREEMENT FOR PURCHASE OF ONE (1) NEW 1994 TRUCK
MOUNTED CATCH BASIN AND SEWER CLEANER
WHEREAS, on January 3, 1994 Council adopted resolution to reject all bids received
for this purchase, and directed staff to negotiate purchase of a Truck Mounted Catch Basin
& Sewer Cleaner with distributors for Vac -con, Vactor, and /or Mission Valley Ford and
return to Council with recommendation for approval, and
WHEREAS, a Request for Proposal was established asking for a response by
February 25, 1994, and
WHEREAS, after reviewing proposals, staff determined that Municipal Maintenance
Equipment, distributing the Vac -con product was the lowest responsible bidder.
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos
to authorize Town Manager to execute an agreement with Municipal Maintenance
Equipment for purchase of one (1) new 1994 Truck Mounted Catch Basin & Sewer
Cleaner, net bid $158,509.34.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 21st day of March, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
04000,
THE TOW LOS GATOS
LOS GATOS, CALIFO A
ATTEST: t�
CLERK OF THE TOW t F LOS GATOS
LOS GATOS, CALIFORNIA
46z:
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AGREEMENT TO PROVIDE
ONE (1) TRUCK MOUNTED CATCH BASIN & SEWER CLEANER
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 Municipal Maintenance Equipment
[hereinafter Contractor], as of the 22nd day March, 1994.
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 Town at 41 Miles
Ave., Los Gatos, Ca. the 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.,
and which include sales tax and delivery charges. Payment shall be net 30 days from
delivery.
b. Delivery. The delivery of the items and materials shall be no later than 120
to 150 days after receipt of purchase order. Delivery shall be made between 8:00 a.m. and
3:30 p.m. on weekdays that are not Town holidays. The delivery of the Truck Mounted
Catch Basin & Sewer Cleaner to the Town shall be made when requested by the Town
upon 3 calendar days' written or telephone notice.
C. Term. The term of this Agreement is from the date above written to August
22, 1994.
2. Time of the Essence. Prompt delivery of the items and materials is essential
to this Agreement.
3. Equal Emplovment 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.
ATTACHMENT 2
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 95021
To Contractor: Municipal Maintenance Equipment
2360 Harvard St.
Sacramento, Ca. 95815
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.
Contractor shall supply equipment per Town's request for Proposal dated February 25, 1994
referenced in Exhibit A.
IN WITNESS WHEREOF, the Town and the Contractor have executed this
Agreement on the date above written.
TOWN OF LOS GATOS
By
TOWN MANAGER
APPROVED AS TO FORM: ATTEST:
Town Clerk
TOWN ATTORNEY
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#. Insurance. Contractor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the Agreement by the Contractor,
its agents, representatives, employees or subcontractors. The cost of such insurance shall
be borne by the Contractor.
a. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
i. Insurance Services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ('occurrence" form CG 0001).
ii. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
iii. Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability insurance.
b. Minimum Limits of Insurance.
Contractor shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project /location or the general aggregate limit shall be twice the
required occurrence limit.
ii. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
iii. Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self- insured Retentions.
Any deductibles or self- insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects the Town, its
officers, officials, employees and volunteers; or the Contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
d. Other Insurance Provisions.
The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages
(A) The Town, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor, products and completed
operations of the Contractor, or vehicles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Town, its officers,
officials, employees or volunteers.
(B) The Contractor's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self - insurance maintained by the Town, its officers,
officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
(C) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees
or volunteers.
(D) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
ii. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against the
Agency, its officers, officials, employees and volunteers for losses
arising from work performed by the contractor for the Town.
All Coverages
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been
given to the Town.
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e. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than
A: VII.
f. Verification of Coverage
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be on forms
provided by the Town. Where by statute, the Town's workers' compensation-
related forms cannot be used, equivalent forms approved by the Insurance
Commissioner are to be substituted. All certificates and endorsements are
to be received and approved by the Town before work commences. The
Town reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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