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Home My Public Portal AboutORD10715 HILL NO. V6 SPONSORED BY COUNCILMAN ORDINANCE NO. /G 7/S AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH G.T.E. TELECOM MARKETING CORPORATION OF COLUMBIA, MISSOURI, FOR EMERGENCY PHONE EQUIPMENT. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a lease agreement with G.T.E. Telecom Marketing Corporation of Columbia, Missouri, for emergency phone equipment. Section 2 . The lease agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and ,after the date of its passage and approval. Passed Approved Pr. si ing Off ' es Mayor ATTEST: City Clerk i v 911 SYSTEM SALE AND INSTALLATION AGREEMENT FOR QU9TOMElt -- C (called"Customer"). GTE Telecom Marketing Corporation (called "Seller"), is pleased to offer the following proposal for Customer's consideration.This proposal is in effect for forty-five days from the Quotation Date of 1. , 19 .Upon written acceptance by Customer and Seller,this proposal will become a binding sale and installation agreement(called"Agreement"). 'The 91<1 system offered includes the equipment and features described in the attached Equipment Summary which is a part of this Agreement. ' e j►ateni shall be delivered to and installed at 320 Et;.qt McCarty St�eat�t ,City of ' itQrson�City ,Countylof Cole ,State of h1 j r-sour] and the price quoted. includes delivery to such location(called"Installation Address"). INSTALLATION INTERVAI. Seller will make its best efforts to complete delivery and,if this proposal includes installation,installation of the System within months from the date this Agreement is ac_cepted by Seller(called"Installation Interval"). by 2-15-97 PRICE: (1)System Price s 59,492.59 Check if installation included in price (2)Applicable Taxes(estimate) $ Nona (See Para. 7 of Terms '�'' S9 492.59 and Conditions) t (3)Total Pttrcht�ase Price $ PAYMENT O ®NS DESCRIPTION:PURCHASE OPTION Percent of Total Purchaee Price due upon signing of this Agreement by Customer. Percent of Total Pon, hose Price due when the System is delivered to the Installation Address or deIWv i,V is withhold by Seller at Customer's request. .. ._: Rem'aming'b lance of Total Purchase Price(including all Additional Charges provided for in this Agreement)flue on the In-Service Certificate Date and before Customer use of System. 'T'HMD PAR''I"Y LEASE OPTION GTE ' ' 'In tlse�9vent t at Customers decides'to finance this purchase through a Third-Party Lessor,Seller will Lesco Yes refund to'Customer all deposit monies paid by Customer upon receipt by Seller of payment in full from tlie'Tliikd Party Lessor And Customer's payment obligations under this Agreement will then .... '. become null and vapid.Customer may assign its rights and payment obligations under this ;:.. ,.'.,.,. .Agreement to a Third-Party Lessor acceptable to Seller or may cause Third Party Lessor to issue to a• (Initi�ll..one), Seller a.purchase order in a form acceptable to Seller. ' Not v�rithsul u-,ding such assignment or:Tnird-Party purchase order,Customer shall,for,so Tong as it ; "`rOmhins lessee of the Equipment,have the right to enforce S`eller's obligations%nd'will remain esporisible for performance of Customer's obligations other than payment. WARRANTY.MAINTENANCE SUPPORT: JF`itt iyear Waxrantyi lWain Hi4hi a Support is included in the Total Purchase Price and commences on the date Seller issues . its In-:3g i66-Csr'ti. cate indicating substantial completion of the System and readiness for Customer use. <,•, . - .. MAINTE I, ANC SERVICE INFORMATION: 3:.CottAeatticatnon of service regnests: Customer shall request maintenance service through telephone or other communication tai: GTHII , la. C rry Street Columbia HO 65201 Telephone �! o— Street, Columbia 6-3066 2..Maintenance coverage is 24 hours per day-7 days per week. INCLUDED ATTACHMENTS: Form Date Form Date Equipment Summary $ee attached a ui ment summary an pages 28L `— and o t e eEom Marketing or oration proposal to RFP No. 00THERCONDITIONS: s ng C ru GTE Leasing. Insta at on y r AGREEMENT: By its signature hereon Customer agrees,subject to Seller's acceptance,to buy and pay for the System outlined alcove in accordance with the terms and conditions of this Agreement. Agreed to thin lei day of �f.pl:embe r , 19 36 Accepted this 18 day of September y 9_.t36 CUffiTOTvS1 R: pity. t Jefieraatt ati V Cdxumbla, ' ILjd liii (Organisation nonce) (SELLER:GTE TELECOM MARKETING CORPORA T19 SIGNATURE: SIGNATURE: NA14IE G 'get nH. r:t sl f i t�lr?op since a NAME. ( am of Aut or(eed Representative Printed or Typed) .) i '$'I'!` E: Ma or t.)f 'tho City of 7gfferson TITLE: ✓' r ...� c" .i �`�',�, ;,.Y'� R t!e of Authorlsed Reprswmtotitse) 320 East Me:�4rry Street lath OADDRESS: Received from Customer this ,.. Jef fer;sat� C:i Cy, tUtc aouri 65101 day of September 06 f' (City,State,VP Code) Jqme:: ('• g4el±t3�: REPRIESENTATI" ( Anse THE TERMS AND CONDITIONS ON OTHER PAGES OF THIS FORM AND INCLUDED t137ACHMENTS ARE ALSO PART OF THIS CONTRACT AND ARE BINDING UPON CUSTOMER AND SELLER �I�vtta lHSiO3�(4/316! D18TRUllUTIOM White-Fevrrtranont Pink•Sake WHOW•Cuotanwr Galdenwd•Customer f 4 a►. h• Q • Terms And Conditions Form 114032(4/06) (flack) 1. fPrlse. Price quoted includes delivery of the System to the mortgagees,orotherthirdpartiesforthe Installation and subsequ Inatallation Address, Installation, and title to the System which maintenance of the System. will pass to Customer upon full payment of the Total Purchase (b)Will provide a location within Its premises suitable for Price. the installation of the central service components of the System, g. Rltk of Losp. Risk of loss or damage to the System,except (c)Will provide all ventilating,heating,cooling,humidity, that caused by Seller, passes to Customer at delivery to the and dust control equipment necessary to ensure that the Installation Address. equipment location will meet the environmental requirements set S. Payrnant Torras. The Initial payment shall accompany the forth here and in the Equipment Summary.Such location shall be signtad Agreement upon presentation to Seller. Subsequent dry, free of dust and of conditions Injurious to employees or payments shall be due upon receipt of Invoice except that final agents of Seller or to the System to be Installed. Payment shall be due on the In-Service Certificate Date and prior (d) Will provide electrical service with suitable terminals to Customer's use of the System. cohere regU17 d•arid Installed rnatallic giounds; 4. Warrantles. Seller warrants for a period of one year from , the date of Its In-Service Certificate that the equipment and installation work of Seller sold hereunder will be free from 01211 111:11 der4cta in materials and workmanship;that it will be fit for the. mol ordinary purposes for which such equipment Is used;and good` titles thereto will be conveyed to Customer.Customer's exclusive` remedies for breach of all warranties pertaining to the System (f) Customer will at its own expense be responsible for shaft be limited to the repair or replacement,at Seller's option,of identifying and disclosing to Seller.any concealed equipment, any defective part thereof.Customer shall give written notice to wiring,or other conditions which might be affected by or might Seiler of all warranty repair claims,specifying the nature of the affect the installation of the System. Should Customer not defoct,within one year after the In-Service Certificate date.THE provide such disclosure, Customer shall hold:Seller harmless WARRANTIES STATED IN THIS PARAGRAPH 4 ARE IN LiEU from any claim,damage,or liability resulting.therefrom. OFALL OTHER WARRANTIES IN THIS AGREEMENT,EXPRESS ORIMPLiED,INCLUDINGBUTNO'i LIMI"TEdTOTHEiMPLIED NNW WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTiCULAR USE AND EXCLUDE ANY USE OF THE SYSTEM AS A COMPONENT IN LIFE SUPPORT DEVICES OR SYSTEMS. gap S. Seller will not ba liable to Customer 1 11 If they are unable to famish the System or service described In this Agreement because tFoeir efforts are'impeded by causes beyond their commercially reasonable control. MEMO. ' 6. 1.11mitaatiarn of Llablilty. Under no circumstances will Seller be liable for special or consequential or incidental damages in connection with performance, delayed--performance"or°non- :performance of this Agreement or any element hereof notwithstanding their foreseeability or disclosure by Customer to Seller.Nor shall Seller be liable for loss of data or other loss or , utilitybharges arising from design, installation,or repair of the System. 7, Taxes. Taxes quoted are estimated and will be recomputed at time of billing.Customer will pay all applicable sales,use and other taxes on products and services purchased. 8. Assignment. Customer may assign this Agreement upon Seller's written consent which shall not be unreasonably withhuld. Seiler may assign this Agreement or subcontract its performance on notice to Customer. 14. Default..-, Customer does not tremit paymentswhen due or g. indemnification. (a) Setter will indemnify and defend otherwise materially breaches a provision of this Agreement, Customer from and against claims arising out of alleged Customer shall be in default. If Customer's default continues Infringement-by the System of any United States patent or after written notice from Sgiler, all sums unpaid shall become copyright.'Customer shall be required to give timely notice and immediately due and payable and Seller shall have the right to accord to Seller the right to defend or settle such claims. Seller withhold further performance until fully paid. In addition;Sell shall not be'lieble for Customer's special, consequential, or shall have all rights and remedies provide under the appilcabl Incidental damages arising from such claims, nor shall Seller's Uniform Commercial Code and any applicable state or federal liability' hereunder exceed the Total Purchase Price of the law. Seller's remedies shall be cumulative and Customer shall System. (b) Seiler will Indemnify and hold Customer harmless reimburse Seller for all costs Including reasonabe attorney's from liabilities,claims,ordernands from persons not party to this fees,Incurred in enforcing this Agreement against Customer. Agreement and all costs and expenses in connection therewith, 15. Late Payment Charges. In addition to other remedies arising out of any personal injury or death or any damage to such available to Seller, should Customer fail to pay any part of the third party's property to the extent, but only to the extent, that Total Purchase Price when due,Customer shall in addition pay such injury, death, or damage Is caused by the negligence of Interest at the lower of Seller's then generally applicable rate for Seller or their officers,employees,or agents. delinquent payment or the highest applicable legal rate, if any, 10. InstolMlon. Seller will use Its best efforts to complete from the due date until actually paid. Installation and test of the System during the specified 16. Governing Law. This Agreement shall be governed by and Installation Interval. construed according to the substantive law of the state In whict) 11. Completion. installation shall be deemed complete when the Installation Address Is located. the System Is In operating condition as signified by Seller's In- 17. Entire Agreement. This Agreement,the Equipment Sum- Service Certificate. Minor omissions not materially affecting mary,and all attachments designated on the face of Agreement System functionality shall be noted on Seller's In-Service as Included shall constitute the entire Agreement of the parties Certificate and shall be promptly remedied by Soifer but shall not and shall supersede all prior negotiations, proposals, and rep- postpone complIetlon and payment. resentations whether written or oral, Field sales personnel of 13. Customer Piro-Inslailatim.Responsibilities. Prior to Seller Seller are not authorized to modify or aller the terms of this commencing Installation,,Customer at its own expense: Agreement by written or oral representation. Any alteration or (a) Will obtain any required consent from lessors, modification of this Agreement must be in writing signed by the parties.